BOARD OF COMMISSIONERS
TUESDAY, April 11, 2006
6:00 P.M.
The meeting was called to order at 6:00 p.m. by President Briddell with the following in
attendance:
Paul Knepper Scott DePoe
Dennis Ness Elizabeth Heathcote
Robert Steele Dennis Henry
Scott Stewart Steve Hovis
Minutes On motion of Commissioner Steele, seconded by Commissioner Knepper
the minutes of March 14th, 2006 were approved as presented. Vote 5 yes.
Payment of Bills
On motion of Commissioner Steele, seconded by Commissioner Ness the
professional services bills and the following bills for March were
approved for payment:
General Fund $704,674.63
Sewer Revenue Fund 84,625.00
Inter-Municipal Sewer Fund 7,654.73
Capital Reserve 14,092.03
Total $ 811,046.39
Letter of
Commendation
Commissioner Stewart presented a Letter of Commendation to Katelyn M
Miller for achievement of the Girl Scout Gold Award.
PUBLIC COMMENTS
Lou
Tateosian Attended the meeting on the new school construction and heard many
citizens against taxation. They were in the wrong place. The school is not
the cause of increasing taxes. An article in the Sunday paper spoke of a
new developer fee. Shrewsbury Township is supporting the idea of Rep.
Maitland, where the state would allow a fee to compensate for the cost of
new developments similar to what is done in Maryland. $13,000 for a
new home and $26,000 for a home in a large development. Shrewsbury is
April 11, 2006
Page 2
following up with their representative, and I’m asking you to look further
into this issue.
Comm. Briddell: This proposal would break out growth communities. In
75% of the state it is not an issue, but it is here. What’s acceptable to
them may not work here. We appreciate your attention to the problem.
Stein Hill Farm
Carl Bankert
Jim Fabie
The site is located along South Pleasant Ave and Stein Hill Road and then
intersects with Aldinger Drive. What we would like to do is bring public
water and sewer to the site and construct 70 homes. Water and sewer is at
Blymire Road. We would bring it out along South Pleasant Ave in the
state’s right of way. Dallastown Water Authority has advised that they
have the capacity to supply the development. The project is on the
Chapter 94 report. It is 118 acres and we would keep 40% open space
with walking trails and keep the rural setting.
Comm. Knepper: What teeth does the township have to deny public sewer
to this development?
Dennis Henry: The resolution establishing the Urban Growth Boundary
Area (UGBA) discourages utilities outside this area.
Comm. Knepper: So we have no ordinance prohibiting development
outside of the UGBA?
Dennis Henry: It sets the limit to encourage development within the
UGBA.
Attorney Hovis: The resolution was created for utilities to be kept inside
the UGBA. It was the intent of the developer to use public right of way to
get sewer. This is the first request for a developer to extend the main
outside of the UGBA. South Pleasant Ave is a state road and will require
a highway occupancy permit. They are usually sponsored by the
township, and the township does not have to sponsor the permit.
Comm. Stewart: I would like to see a study for all sewer lines with a total
build out. Do we have enough capacity for what is to be developed within
the UGBA?
April 11, 2006
Page 3
Attorney Hovis: Gary Milbrand is working on the lines and identifying
the pinch points on the line. There may be red flags concerning use of the
lines out of the UGBA.
Comm. Stewart: Can we require the developer to upgrade the lines?
Attorney Hovis: If his development would surcharge the lines, you would
have the ability to deny the plan.
Comm. Briddell: There is still a much bigger problem. What’s there
between where the sewer is and this property?
Comm. Steele: The small sewer group that has been meeting, there will
be a plan proposing a sewer system model showing the points where it
will fail. In the minutes for the Water and Sewer Authority for March
Gary Milbrand is helping the Water & Sewer Authority write an RFP for
that modeling.
Comm. Briddell: Have you been to other meetings? Do you know what
we are dealing with, the implications to the township this has as a whole?
This is a small portion to develop that will open up a significant portion of
the township. We did not make accommodations for that property to be
developed. We bought capacity, the intent of the purchase was to include
what was inside the UGBA, not to put pump stations out there. As
owners of the property you develop as the ordinance allows. At this point
and time we did not intend to run water and sewer out there. We are
looking at a lot of development inside and are looking out for our interest.
We are not interested at all and do what we can to not encourage
development outside of the UGBA.
Jim Fabie: Would you like us to move to well and septic?
Comm. Briddell: You will not find us encouraging public water and
sewer outside of the UGBA. We are trying to get a handle on inside the
UGBA. We hope that we are giving appropriate direction.
Ken Silberstein: This property is zoned F-O, does it fall into the land
change of one residence per 3 acres?
Comm. Briddell: That has not been acted on yet.
Dennis Henry: Just for thought, the Croll School Road project. We made
a mistake in not allowing the developer to take water to the area and ended
April 11, 2006
Page 4
up paying for it. (The township up fronted the money to York Water
Company and we receive quarterly payments on the loan)
Comm. Knepper: The hydrology report proved not to be very accurate.
Some of the local citizens had failed wells. I hope we don’t get into
another situation like that.
Comm. Briddell: That took a long time to resolve. We can alert residents,
but it is not our problem.
Attorney Hovis: It may not be our problem, but the citizens ask for your
assistance. You will hear their complaints.
Jim Fabie: We should move forward with wells and septics? We don’t
want to move forward and then find out you wanted public utilities.
Comm. Briddell: It looks like your only choice right now.
COMMISSIONER’S AGENDA
Comm.
Knepper The maintenance with extending the water required the York Water
Company to dig up our front yard. A lot of larger stones were left with the
seeding and straw.
Scott DePoe: We will see that the yard work and seeding is satisfactory.
Comm.
Steele Sewer: On Feb. 24th we meet in the training room to discuss what the
citizens thought about the plans drawn for the Leader Heights project. We
had some very good ideas. One from Lou that ended up on the new
drawing. The line for Reynolds Mill is very deep and requires the removal
of a lot of trees. Lou suggested that the houses on the north side of Leader
Heights be served from the back. All of the suggestions are on the
drawing. We need to get together and talk.
At the March 20th meeting of the W&S Authority there was some
discussion about the 3 homes on Camp Betty and Springwood Road, the
township provide the point of connection and the three homeowners work
together to get to that point.
April 11, 2006
Page 5
Comm.
Ness Attended the fire chiefs meeting. A very good meeting. We have
excellent fire companies and I want to keep it that way.
Comm.
Stewart I want to acknowledge Lou’s suggestion and would like to make a motion
that the township be in contact with Rep. Ron Miller and write a letter of
support to Rep. Maitland in support of his development fees. The motion
was seconded by Commissioner Steele. Vote 5 yes.
The development that has happened the last couple of months, we have no
answers on how to solve all of the problems. There needs to be some
action to slow the overwhelming tidal wave of development. We need to
seek help from someone who is specialized in this. I don’t know who this
person is, you three gentlemen should find that person for us.
Attorney Hovis: I spoke with Felicia Dell, YCPC, recently and she would
be willing to sit down with the staff and look at some of the ideas that
have been used in other growth areas.
Comm. Briddell: Perhaps the first step before the next meeting is the
staff, solicitor, Will Selman, Bess Simons, YCPC and have collective
input from various individuals.
Comm. Stewart: We are looking at 2000 new homes.
Comm. Steele: We have the meeting on the 19th, I don’t know where to
find the information, maybe we will get some insight at that time.
Comm. Stewart: I’d be willing to make a motion to have ‘buyer beware’
on the permits for outside of the UGBA saying that you are not guaranteed
anything. We make no representation that water and sewer are available.
Comm.
Briddell I want to acknowledge the efforts of Scott DePoe and Elizabeth on the
hiring of the finance director. We received a number of applications and
interviewed 6 candidates. Our new finance director is Fred Krause and he
will begin work on Tuesday, April 18th.
April 19th meeting: All of the commissioners will be there and all
members of all boards. We are going to have a lot of development with
the TND ordinance. We need to understand the game plan. All boards
have a role to play. How do the boards and commissioners address plans
April 11, 2006
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Through the process? We need to send out a second meeting notice, and I
will personally call the chairmen.
TOWNSHIP MANAGER AGENDA
EMA Comm. Steele: I was not happy with the letter from the EMA. It did not
say what the board said.
Paving
Bids Tabled
IIC Intergovernmental Insurance Cooperative: Linda Marshall provided the
board with information on the surplus for period 5/1/05 to 12/31/05. York
Township paid $225,029 and our claims were $156,700, netting a surplus
of $69,628. How are the funds to be allocated?
Scott DePoe: They can be put aside in a separate fund. If we go over in
the future the money would be to cover the expenses.
Comm. Briddell: What are our options? Can we set up an endowment for
health care over 3 years, 1st year 100%; 2nd year 75%; 3rd year 50%? Post
retirement account?
Comm. Stewart: There is a health savings plan with the federal program,
tax free. Money can be put into a savings plan for health care cost. Put
some into each individual’s health care plan. An incentive for future years
to remain healthy.
Attorney Hovis: Health care costs are out of control. You need some
information to make a good recommendation.
Comm. Knepper: How many people are insured with this group? This
should encourage savings and wellness on their part. Are the employees
aware of this?
Scott DePoe: They were advised when we initially joined the group, but
have had nothing since. We need to let them know what they can do to
make the plan more successful.
Regular meeting recessed to hold public hearing, 7:00 p.m.
April 11, 2006
Page 7
Rezoning
Scott
Naylor Scott Naylor: Property located at Dairyland and Country Club Road. It is
currently zoned RL-3 and are asking to rezone to RH-9. Country Ridge
development has over 100 townhomes, across the road in Red Lion
Borough there are multifamily units. The plan that I have shows one
driveway onto Dairyland Drive, with single family homes there would be
multiple driveways onto Country Club Road which has a steep grade.
Jerry Stahlman: There is a 7’ drop from Country Club Road to the
property. Behind the lot is a York Township stormwater basin and a pump
station. There is also a driveway to Mrs. Gemmill’s house. The plan
shows the driveway eliminated and she would be able to access onto
Dairyland Drive. This is not spot zoning. Country Ridge Drive is all
zoned RH-9.
Comm. Briddell: Is the basin big enough to handle this development?
Dennis Henry: It was resized when the Country Club units went in.
Comm. Briddell: Is there anything different from the first time we saw
this?
Jerry Stahlman: The old map showed the property abutting it as C-S, but
it actually is zoned RH-9.
Ken Silberstein: The board should not do anything to facilitate any
growth. This should not be changed from single family to multifamily.
Scott Naylor: There is a need in the township to provide this type of
home. People who no longer desire to maintain their home.
Joan and Dean Rider, Country Manor: In favor of development. We have
a similar unit, it is affordable and works out well.
Mike Fetch, Country Manor: I didn’t want to maintain outside, this works
for me.
Yvonne Gemmill, Country Club Road: 16 units on Dairyland will be
increasing traffic on Country Club Road, doesn’t make sense.
Hearing closed at 7:25 p.m.
April 11, 2006
Page 8
The meeting of the Board of Commissioners was called back to order at
7:25 p.m.
Comm. Steele: I’m not sure I saw anything different. I would make a
motion to deny the request. Seconded by Commissioner Knepper. Vote 5
yes.
Res. 2006-11
PACC On motion of Commissioner Knepper, seconded by Commissioner Steele,
Resolution 2006-11 to participate in the Pennsylvania Capital City
Automotive and Equipment Contract was approved. Vote 5 yes.
Res. 2006-12
Deed of Dedication
On motion of Commissioner Steele, seconded by Commissioner Stewart
Resolution 2006-12 for a Deed of Dedication for David and Debbie Fair
was approved. Vote 5 yes.
Res. 2006-13
Act 537
McDowell On motion of Commissioner Steele, seconded by Commissioner Stewart,
Resolution 2006-12 amending Act 537 for David and Susan McDowell
was approved. Vote 5 yes.
Res. 2006-14:
Act 537
Bragg On motion of Commissioner Steele, seconded by Commissioner Ness,
Resolution 2006-14 amending Act 537 for William Bragg was approved.
Vote 5 yes.
Reappoint
Jim Norton On motion of Commissioner Knepper, seconded by Commissioner Steele,
Jim Norton was reappointed to the Planning Commission for a term to
expire April 2010. Vote 5 yes.
PUBLIC WORKS
On motion of Commissioner Steele, seconded by Commissioner Knepper
the following purchases and bid awards:
a. Purchase of Godwin bypass pump for sanitary sewer system
b. Purchase of pickup truck with snow plow
April 11, 2006
Page 9
c. Purchase of a side hill mower
d. Purchase 3 ton drum roller
e. Approve bituminous material bid
f. Approve line painting bid
g. Approve stone aggregate bid
Vote 5 yes.
RECRETATION DEPARTMENT
Greenway
Res. 2006-15
On motion of Commissioner Steele, seconded by Commissioner Knepper
Resolution 2006-15 amending the York Township Comprehensive
Recreation, Parks and Greenway Plan to establish a greenway corridor
map was approved. Vote 5 yes.
Reappoint
Michael Derk
On motion of Commissioner Stewart, seconded by Commissioner Ness,
Michael Derk was reappointed to the Recreation Board for a term to
expire April 2011. Vote 5 yes.
ENGINEER’S AGENDA
Michael Martin
Oak & Walnut
Presented by John Runge, Gordon Brown and Associates; Attorney Robert
Katherman, and Michael Martin. John thanked Commissioners Steele and
Knepper for the site visit.
A request was made for waivers for road widening, curbs and sidewalks
along Walnut Street. Mr. Martin offered $63,547 in lieu of doing the work
and the township could use the money at their discretion.
Comm. Steele: I walked the property. It is very nice for goats. That’s not
to say you can’t build. You need a good plan to show how to access.
Walnut Street would be difficult to meet our driveway ordinance. We
don’t want to establish that we can put curb and sidewalk in for $63,000. I
would hate to grant a waiver, take the money and then you ask for waivers
on Walnut Street. I don’t see how we could grant access drives off
Walnut Street.
April 11, 2006
Page 10
Attorney Katherman: We do not have a land development plan ready
tonight. It’s clear that Commissioner Steele does not want to buy this
property. We would like a chance to try and develop. Even if we don’t
get the waivers, we have the right to submit a plan. It would be a sidewalk
to nowhere.
John Runge: I believe we will have an issue with site distance on Walnut
Street. We haven’t prepared a land development plan, but will look at
access off Oak Road with a circulation pattern for roadways. Sidewalks
will be installed on the Oak Road side up to Walnut Street.
Dennis Henry: The sidewalks on Walnut will go nowhere. The curbs
would control stormwater, it would require inlets and piping to the creek.
With no curbs the water off the road soaks in the landscaping. Street
widening we always need. It improves the safety aspects of the road. It
could be done without a tremendous amount of fill. Some of our streets are
failing, Springwood Road is a prime example of a failing roadway.
Attorney Katherman: We are willing to pull apart the waivers, do the road
widening and give the difference of the money to the township.
Comm. Stewart: I travel the road. It carries a lot of cars. There are
advantages to widening Walnut Street. I can’t see us widening the road
for this cost. Don’t think curbs are necessary, stormwater can continue to
be absorbed and don’t see the need for sidewalks. They should widen the
street and we approve the other two waivers.
Dennis Henry: Do we need guide rail?
Scott DePoe: That is not used to keep cars from going off the road. They
identify a steep drop off area and are done on a case by case basis.
Dennis Henry: With this percent of grade it needs guide rail.
On motion of Commissioner Briddell, seconded by Commissioner Steele
the board will require Mr. Martin install the required road widening on his
side of Walnut Street; Mr. Martin is to install guide rail along Walnut
Street per the direction of the Township Engineer; waivers for curb and
sidewalk will be granted and the township will accept the dollar amount
proposed by Mr. Martin for the curb and sidewalk along Walnut Street.
Vote 5 yes.
April 11, 2006
Page 11
Barbara Hunger
P05-10-2
Plan presented by Attorney Robert Katherman. On motion of
Commissioner Steele, seconded by Commissioner Stewart the plan was
approved with the following conditions or modifications;
1. All conditions of the letter from Dennis Henry dated April 7, 2006
must be met.
2. Waiver granted for Section 404 and 610.A for connection to public
sanitary sewer provided the language in the deed states that the lot is
required to connect to sewer or any septic system would require the
written approval of York Township.
3. Waiver granted for Section 602.A.7 street widening with 6 months
statement.
4. Waiver granted for Section 603.B curb with 6 months statement.
5. Waiver granted for Section 603.C sidewalk with 6 months statement.
6. Waiver granted for Section 403.E.3.a hydrology report.
7. Waiver granted for Section 403.E.3b. traffic evaluation report.
8. The York Township Engineering Department shall be provided with
an electronic file of the plan prior to recording.
9. A check in an amount to be determined by the Tax Assessment Office
and York County Recorder of Deeds Office must be provided to the
York Township Engineering Department prior to recording.
10. All invoices to be paid prior to recording.
Vote 5 yes.
Springwood at Mill Creek
Phase 4 & 5
P05-10-3
Plan presented by John Runge, Gordon Brown & Associates and Jamie
Brubaker, Charter Homes.
The board questioned whether the sanitary sewer easement could allow
pedestrian access.
Jamie Brubaker: The easement agreement predates our purchase of the
pro9perty. We can show some lead way on lot 37 some give and take
makes a lot of sense.
Dennis Henry: Fill area, 3 to 1 in fill, 2 to 1 in cut. They are having a
problem making it work. With 2 to 1 it must be fully stabilized with
ground cover or matting and it must have long term stabilization.
April 11, 2006
Page 12
Comm. Stewart: Lots 33, 34, 35, 40-43 the stormwater slopes toward the
existing residences.
Jamie Brubaker: Along the entire property line there is a swale that holds
water, it slopes south and east, we are putting in a new infiltration trench.
John Runge: The run off will be to the BMP area, a conservation area,
naturally vegetative directing 50% of the water towards the roadway. The
rear of the lots there are side yard swales with large level spreaders.
Comm. Stewart: How much water? How deep?
Jamie Brubaker: 3 ½’ in 48 hours. We have done perc tests and it allows
water to get into the ground.
Comm. Stewart: The safety factor. 4’ deep, it should have temporary
fencing.
Dennis Henry: It will require additional fencing to maintain the area.
On motion of Commissioner Stewart, seconded by Commissioner
Knepper the plan was approved with the following conditions or
modifications:
1. All comments on the letter from Dennis Henry dated April 7, 2006
must be met.
2. The Township Engineer must be satisfied with the safety issues with
the BMP facilities.
3. The waiver for the 2 to 1 slope is granted in the fill areas provided that
a plan is received showing it will be perpetually free from erosion and
that the township engineer is comfortable with the method, and it
cannot further impact the public safety.
4. Language is to be added to the plan for a pedestrian access that wraps
around the southern end of the plan.
5. The York Township Engineering Department shall be provided with
an electronic file of the plan prior to recording.
6. A check in an amount to be determined by the Tax Assessment Office
and York County Recorder of Deeds Office must be provided to the
York Township Engineering Department prior to recording.
7. All invoices to be paid prior to recording.
Vote 5 yes.
April 11, 2006
Page 13
Cherrywood
Dennis advised that a plan was submitted for development along Cherry
Street and the developer was asking if sidewalks would be waived. The
board agreed that sidewalks will be required along Cherry Street.
Will Sellman
Proposal
Attorney Hovis advised that he provided comments to the proposal
submitted by Mr. Sellman. Since the commissioners received the
information on the proposal late they did not make a motion to authorize
the acceptance of the proposal.
Ridgefield Dennis Henry advised that a resident in Ridgefield would like to take over
one of the basins that abuts his property. The board advised that the
gentlemen should submit a letter outlining his proposal.
SOLICITOR’S AGENDA
Res. 2006-16
Letter of Credit
HOP On motion of Commissioner Steele, seconded by Commissioner Knepper
Resolution 2006-16 authorizing the acquisition of a letter of credit to
secure certain public improvements associated with a highway occupancy
permit for the purpose of constructing certain improvements along State
Route 74 was approved. Vote 5 yes.
Refuse
Contract After discussion the board decided that they wanted the contract to be bid
at 1 year, 2 year and 3 year and they would accept the year length.
Attorney Hovis wants the specs out as soon as possible and be able to
award the bid at the May 9th meeting.
Executive
Session The board was in executive session to discuss personnel issues.
Recess At 11:45 p.m. the meeting was recessed to Wednesday, April 19th, 2006 at
7:00 p.m.
Secretary