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									YORK TOWNSHIP
BOARD OF COMMISSIONERS
October 12, 2004
6:00 p.m.

President Briddell called the meeting to order with the following in attendance:

                Theresa Craley                Dennis Henry
                Paul Knepper                  Scott DePoe
                Scott Stewart                 Steve Hovis
                Robert Steele                 Elizabeth Heathcote


Minutes         On motion of Commissioner Craley seconded by Commissioner Steele the
                minutes of September 14th and 30th were approved as presented. Vote 5
                yes.

Payment of Bills

                On motion of Commissioner Steele, seconded by Commissioner Knepper
                the following bills were approved for payment:

                       General Fund                           $191,459.83
                       Street Light                                159.00
                       Sewer Revenue                           318,400.90
                       Intermunicipal Sewer                    533,756.23
                       Stormwater Mgt.                            2994.24
                       Capital Reserve                          53,866.54
                       2002 Bond Proceeds                    1,178,515.88

                               TOTAL                        $2,279,152.62

Presentations

                Jeanne Laucks and Baird Krecker thanked the board for their past support
                of the Kaltreider Benfer library, and hope that the board will continue their
                support in the future. Ms. Laucks provided a calendar of fall events
                planned at the library open to the public.

TOWNSHIP MANAGER’S AGENDA

Leader Heights
Pump Station
              On motion of Commissioner Steele, seconded by Commissioner Craley
              the board approved the proposed location of the pump station for the
              Leader Heights sewer project on the parcel outside of the urban growth
October 12, 2004
Page 2

               boundary area, and C. S. Davidson can proceed with the design based on
               that location. Vote 5 yes.

Pension plan
               R. J Hall Company and Principal Financial recommended that we consider
               two changes to our pension plan. 1) Modify the disability pension
               language stating that total and permanently disabled means a participant is
               disabled as a result of sickness or injury, to the extend that he/she is
               prevented from engaging in any substantial gainful activity as determined
               by a physician chosen by the township. 2) Elimination of the six month
               waiting period for eligibility in the plan to immediate eligibility upon
               employment. On motion of Commissioner Knepper seconded by
               Commissioner Steele the modifications to the pension plan which
               modifies the disability pension provision and the eligibility provision were
               approved by the board. Vote 5 yes.

Wellspan       On motion of Commissioner Craley, seconded by Commissioner Stewart
               the board granted a 6 month extension to Wellspan Properties for the road
               widening, curb and sidewalk along Old Baltimore Pike in conjunction
               with the Fritz farm subdivision. Vote 5 yes.

Res. 2004-27
Act 537      On motion of Commissioner Craley, seconded by Commissioner Steele,
             Resolution 2004-27 amending Act 537 for the McFadden property along
             Springwood Road was approved. Vote 5 yes.

Furniture      Gary Milbrand advised that we have received the revised change orders
               for the Quality furniture proposal. (see attached memo for changes
               requested)

               Comm. Craley: Quality was asked to do the additions. The staff looked at
               the proposal and made the changes.

               Comm. Briddell: Are we pretty sure this is the complete list?

               Gary Milbrand: I am ready to sign the contract.

               Comm. Steele: I’m not surprised the price went up. I am still distressed
               about what we did.

               On motion of Commissioner Craley, seconded by Commissioner Knepper
               the board approved the changes as presented in the memo from Gary
               Milbrand. Vote 3 yes, 2 no (Briddell, Steele)
October 12, 2004
Page 3

              Comm. Knepper: Can we reuse any of the furniture? What will we do
              with it.

              Comm. Briddell: Mark is looking for uses for the furniture.

Copiers       Commissioner Craley asked where we are with copiers? Gary advised
              that after looking at the budget and the cost of the alarm system, we are
              backing away from buying any copiers. There is a copier at the
              community center that we will be moving to the new building.

PUBLIC WORKS

Mechanic/
YARP          Scott DePoe advised that the public works department currently is
              responsible for servicing the fleet of cars for the York Area Regional
              Police department. He requested that the board consider stop providing
              the service effective at the end of the fiscal year or when we move. On
              motion of Commissioner Craley, seconded by Commissioner Steele the
              board agreed to discontinue the mechanic service for the York Area
              Regional Police effective January 1, 2005 or when we move into the new
              building, whichever comes first. Vote 5 yes.

Winter
Maintenance
Res. 2004-28 On motion of Commissioner Stewart, seconded by Commissioner
             Knepper, Resolution 2004-28 covering a five year agreement to perform
             winter maintenance on select state roads in the township was approved.
             This includes Leader Heights Road, South George Street, Old Baltimore
             Pike, Tyler Run Road, and Grantley Road. Vote 5 yes.

Fuel Storage
Tank         Last month the bid from Keystone for the fuel storage tanks was rejected
             by the board. The price seemed to be very high. We asked the general
             contractor to provide us a bid and his price was higher than the bid we
             received. Scott DePoe called Keystone and they would honor the original
             price of $92,098.00. On motion of Commissioner Knepper, seconded by
             Commissioner Steele the board agreed to accept the bid that was rejected
             in September, provided that it is legally acceptable to do so per the
             solicitor. Vote 5 yes.

              Comm. Knepper: What will be done with the existing fuel tank?

              Scott DePoe: Dig up and remove.
October 12, 2004
Page 4

               Comm. Craley: We talked about the fire and ambulance using the fuel
               dispensing fuel tanks.

               Scott DePoe: This is a unique dispensing tank, it will show what type of
               equipment is getting fuel. Both gas and diesel are in the divided tank. It is
               above ground for environmental reasons. The tank is bullet proof, duel
               steel walls with concrete inside.

Monthly
Activities     Scott advised that they have been extremely busy with the various storms.
               We are finishing up the brush pickup. Leaf collection will begin October
               25th for 6 weeks.

               The board advised that they had received letters commending the public
               works department on the work done in several areas of the township.

RECREATION

               Nothing to report.

PUBLIC COMMENTS

John Aulbach
               At the August meeting Commissioner Craley mentioned $1.5 million in
               renovations at the community center. What is that number about?

               Comm. Craley: I was informed that in order to upgrade the pool to
               become ADA compliant it could cost a million dollars or more. There
               were repairs with the water leaking in the electrical box. The roof needs
               to be replaced. A conservative number to fix these issues was $500,000.

               John Aulbach: The rec study supported keeping the community center. It
               appears you were not impressed with the 800 signatures collected in
               support of the center. I am concerned that you are not listening to the
               people when they speak. I am concerned how issues are driven through.
               Each commissioner should have an active e-mail address so people could
               contribute their thoughts. The residents of the township are busy. The
               September meeting was the same night as parents night at the school. We
               need better ways to communicate. You need to look at more ideas, I
               believe that you will regret the sale of the community center and believe
               that the residents will regret the sale.
October 12, 2004
Page 5

ENGINEER’S AGENDA

Waiver
Walgreen’s   Presented by: Jay Tillman, Attorney Craig Sharnetzka, Jason Brenneman
             from James Holley & Associates.

             Comm. Briddell: Did Walgreens work with the neighbors?

             Fred Kabonick: No.

             Jason Brenneman: We moved the building 11’ toward South Queen
             Street, but will be encroaching in the buffer 0 to 3’ for 86’. It figures out
             to 200 square feet encroaching in the buffer. In the buffer side on
             Motter’s we have 10’.

             Jay Tillman: We changed the truck deliveries. Walgreen’s usually has 2
             truck deliveries per week. The trucks will not have to go around the
             building.

             Jason Brenneman: According to the information in the traffic manuals, we
             have a decrease of 19 trips in the peak AM time and an additional 4 trips
             in the peak PM timem for a –14 trips for the site.

             Fred Kabonick: This is in my back yard. How much traffic will be
             coming through there? I have to live there. Why does the drive thru have
             to be in my back yard?

             John Aulbach: Why do you need two thru lanes? Maybe you need a
             larger site.

             Comm. Stewart: Will you have speakers?

             Jay Tillman: The noise will not leave the site.

             Comm. Stewart: I appreciate the effort done by Walgreens to make the
             changes and accommodate the neighbors.

             Comm. Knepper: I also appreciate the work you did.

             Dennis Henry: Regarding the stormwater waiver, I did not get a chance to
             review prior to this evening. I would be remiss to recommend approval of
             this waiver. We are requiring CVS to do over retainage.
October 12, 2004
Page 6

             Comm. Briddell: Will we have any mechanical issues? Sound issues?
             HVAC units on the roof?

             On motion of Commissioner Stewart, seconded by Commissioner Craley
             the board approved the following waivers:

             a. Section 603.A.4 - 10’ parking setback.

             b. Section 609.A.3.d – 10’ separation between building and parking.

             c. Section 609.A.1.a. landscape buffer – An intrusion of the buffer yard at
             the drive thru area from a minimum of 0 to 3’ for a distance of 85.5 feet,
             and a 10’ buffer along the southeastern corner for a distance of 75.5 feet.

             Vote 4 yes, 1 no (Steele)

Heather
Glen         No one represented Heather Glen. Dennis Henry advised the board that
             the developers have been requested to install curb from the eastern end of
             their property down to the creek at their cost and they in turn would like
             the board to grant a waiver for sidewalks from Mahopac Drive to the
             eastern end of their property.

             On motion of Commissioner Knepper, seconded by Commissioner Craley
             the board agreed to require the Heather Glen developer to extend curb and
             street widening along Yoe Drive from the south end of the existing curb
             line at the southern side property line along Yoe Drive to and beyond the
             existing stream south of the project site. The stormwater inlets will be
             connected across Yoe Drive to the new stormwater inlet proposed by the
             John Adams subdivision by the York Township Public Works
             Department. The sidewalks will be extended from the south side of
             Mahopac Drive to the southern property line of the Heather Glen project
             along Yoe Drive. The existing sanitary sewer manhole along the east side
             of Yoe Drive shall be modified to remove the precast concrete cone
             section and replace with a precast concrete manhole lid with cast iron
             manhole frame and cover. The existing steep slope embankment
             immediately behind the existing curb line shall be granted to achieve 3:1
             slope in order to minimize any impacts of the slope area long Yoe Drive.
             All changes must be incorporated in an agreement properly recorded by
             the developer and approved by the township solicitor.

             Vote 4 yes 1 no (Steele).
October 12, 2004
Page 7

Waiver
Carriage
Crossings
Phase II     Waiver request by John Snyder, Rettew. Carriage Crossings Phase II is
             8.3 acres with 34 units. They are requesting the board consider accepting
             the fee in lieu of recreation land. On motion of Commissioner Craley,
             seconded by Commissioner Steele the board agreed to accept the $1250
             per unit for recreation for Carriage Crossings Phase II. Vote 5 yes.

Waiver
Stone Hill   Waiver request by Joe Snyder, RGS. Old Dutch Lane LLC is requesting
             the board accept a partial fee of 75% of the total recreation fee plus private
             reservation of 5 acres of open space within the development for passive
             recreation.

             Comm. Stewart: Didn’t we look at this before and agree to the original
             design. This seems like an afterthought. It doesn’t look like open space
             was considered as rec space.

             Joel Snyder: We have worked the development around the steep slopes.

             Dean Krout: I don’t believe that this plan was submitted to the rec board.
             We don’t normally accept a percentage of the fee.

             Joel Snyder: We believe this is a fair offer. This type of community does
             a lot of walking.

             Comm. Craley: We don’t want the land. We have a problem working
             with percentages.

             Comm. Briddell: The money collected is for all township residents. The
             five acres helps market your product. I would be opposed to the idea.

             Comm. Briddell: How much of the 5 acres is buildable?

             Joel Snyder: Maybe 50% if we jammed them in there, but we don’t want
             that type of development. We planned the development around the
             features for passive recreation.

             Comm. Stewart: What is the benefit to York Township residents?

             Joel Snyder: None. This would be maintained by the HOA and would be
             private.
October 12, 2004
Page 8

              On motion of Commissioner Craley, seconded by Commissioner Steele
              the board agreed to accept the fee of $1250 per unit in lieu of land. Vote 5
              yes.

Waiver
The Paddock
              Represented by Attorney Doug France; Brad Peters, engineer; and Stan
              Watroba. The Paddock land development plan will provide walking trails
              and a community center. The common area is 16.8 acres. The property is
              32.5 acres and if we provide rec land we would be required to give 6.9
              acres.

              Attorney Hovis: Where is the land offered and the common elements?
              What are they and how can they be used? The common elements are not
              sufficient.

              Stan Watroba: We have a walking trail around the development. These
              people like to walk. We have a 40’ setback around the perimeter of the
              land. We are providing a community center and picnic areas, gazebos, etc.

              Attorney France: Your ordinance provides in certain circumstances that
              you can approve a waiver. Section 611.C states that a developer may
              request that the board permit the provision of park and recreation land
              other than through public dedication of land as set forth above. The
              developer shall set forth, in writing, the means by which he will fulfill this
              requirement which may include the payment of a fee in lieu of dedication
              of all or a portion of the amount of land required to be dedicated,
              construction of recreational facilities, the private reservation of land, or
              any combination of dedicated, fees, construction of recreational facilities,
              or private reservation.

              Comm. Briddell: Storm drainage cannot be used for recreation.

              Comm. Stewart: This recreation is for whom? Just your development or
              all the township residents? The recreation should be for every township
              resident.

              Attorney Hovis: This is for the preservation and conservation of natural
              resources. I don’t know if it benefits. I don’t think that is the intent of the
              ordinance.

              Comm. Knepper: What’s to stop every developer from providing private
              recreation?
October 12, 2004
Page 9

             Attorney France: Not your ordinance.

             Attorney Hovis: Economics.

             Attorney France: If your ordinance is that each request benefit every
             resident of York Township it is not set up that way. Why would you set it
             up that way? There is nothing in your ordinance that says we must provide
             recreation to all residents. This developer has done a lot of things to
             accommodate the township. We would like credit for our park and pay
             some fee at your discretion.

             Dean Krout: We don’t accept setbacks in people’s yards. I like their
             design. I don’t think that the rec board will accept anything but the whole
             fee.

             Comm. Craley: I make a motion that we accept the $217,500 in full
             payment in lieu of any recreation land.

             Attorney Hovis: There is no waiver request of the $217,500. The waiver
             request is that you accept in lieu of public land dedication, a private
             community center, approximately 6.9 acres of private recreation
             land/facilities and a fee for the difference between the required recreation
             area of 8.7 acres and the proposed private recreation area.

             Comm. Craley: Motion withdrawn.

             On motion of Commissioner Craley, seconded by Commissioner Steele
             the board addressed the following waivers:

             a. Section 611 recreation waiver: denied

             b. Section 602.B.5 – horizontal curve centerline radii of 200’ minimum for
             proposed access drive: approved

             c. Section 603.B.3 installation of sidewalks along both sides of a street
             access: approved with the condition that additional walkway systems are
             to be provided for internal and perimeter pedestrian walkway access to
             and within the proposed private reserved open spaces within the
             development.

             Vote 5 yes.
October 12, 2004
Page 10

              After conferring with his client, Attorney France advised that they would
              request a waiver to offer $1250 per unit in lieu of recreation land for the
              Paddock development.

              On motion of Commissioner Craley, seconded by Commissioner Steele
              the board accepted the recreation fee in lieu of recreation land. Vote 5
              yes.

Country View
LD04-6-2     Plan presented by Mike Scarborough. The existing storm sewer
             conditions along Oak Street are in need of upgrading and are not within
             recorded stormwater right of ways or easements. The developer is
             required to control the development’s concentrated stormwater discharge
             to within an existing watercourse or enclosed in an easement. The
             proposed concentrated discharge is to connect to an existing system which
             currently does not meet these conditions.

              The developer is requesting the board consider their participation as a
              contribution to the off-site stormwater conveyance improvements along
              Oak Street for the Country View townhouse development. They are
              offering the following:

              a. hire a professional land surveyor to obtain existing site information

              b. hire a professional engineer for the design of a new stormwater
              conveyance system

              c. obtain permits as required from DEP

              d. reimburse York Township the cost difference to upgrade pipe sizes as a
              condition of site improvements from Country View townhouses.

              Dean Krout: I would be opposed to using taxpayer money to help the
              developer get his water to existing watercourse.

              Comm. Briddell: To correct the problem, do we need all the permits?

              Dennis Henry: Yes, we could have them do the work and pay our share.

              Comm. Knepper: If they walk away, we still have to fix the problem.

              Comm. Craley: What will this cost us?
October 12, 2004
Page 11

              Dennis Henry: $20,000. Dean will see less water. The developer will be
              capturing the water before it gets down the hill.

              On motion of Commissioner Stewart, seconded by Commissioner Craley
              the board accepted the offer from Frank Kibler for remediation of
              concentrated discharge of stormwater conveyance from proposed
              development. Vote 5 yes.

              On motion of Commissioner Craley, seconded by Commissioner Steele
              the board approved the following waivers:

              a. Section 602.A.7 road widening with 6 months statement
              b. Section 603.B sidewalks with 6 months statement
              c. Section 603.C. curbing with 6 months statement

              Vote 5 yes.

              On motion of Commissioner Stewart, seconded by Commissioner Steele,
              the board accepted the fee of $1250 per unit in lieu of dedication of land
              for recreation. Vote 5 yes.

              On motion of Commissioner Craley, seconded by Commissioner Knepper
              the board required installation of access drive low light illumination at
              intersection with Oak Street, acceptable to the engineering department.
              Vote 5 yes.

Reapprovals
              On motion of Commissioner Steele, seconded by Commissioner Knepper
              the following were reapproved.

              a. Carriage Crossings reverse subdivision
              b. Chanticleer

              Vote 5 yes.

COMMISSIONER’S AGENDA

Comm.
Knepper       What caused the blow out behind the salt shed?

              Scott DePoe: No one knows. So much water too fast. We will be
              meeting on the site to determine remediation.
October 12, 2004
Page 12

             When will the realignment of Camp Betty Washington in front of Sage
             Hill take place?

             Dennis Henry: We hope to do that in conjunction with the upgrades on
             Springwood Road from Chestnut Hill Road to Red Lion.

Comm.
Steele       Received questions from the residents on Amad, Kresta and Lentzlyn
             about the sewer project. I forwarded them to the other commissioners.

             I have scrutinized the project and got comments to Mark Derr and
             circulated to the other commissioners. This is a big financial issue. We
             have to decide how we are going to pay for this project. The citizens want
             to know what they will have to pay.

             I received very complimentary remarks from the Lutz’s on Green Valley
             Road on the professional job done by the public works department on the
             stormwater problem.

             Received a phone call from Leon and Doris Keeney, 215 Green Valley
             Road. Mr. Keeney was in the audience and advised that he called to say
             that we are about to loose the bridge on Green Valley and Vireo Roads.
             Mr. Keeney advised he lost about 3 feet of bank from the runoff from
             Deer Chase.

Comm.
Stewart

2832 East
Prospect     At the last meeting I voiced the opinion that one the most crucial
             properties in the township was the house at Chambers and East Prospect
             Roads. Elizabeth advised that the owners of the property were in the
             office today and indicated that they would be selling the property.
             Elizabeth told them that the township would be interested in talking with
             them about the purchase of the property. On motion of Commissioner
             Stewart, seconded by Commissioner Craley the board wishes to pursue
             follow up with the owners after they receive the appraisal of their property
             at 2832 East Prospect Road. Vote 5 yes.

Zoning
Ordinance    I think we missed a great opportunity when Charter offered, for free, to sit
             down and evaluate the ordinances that we currently use, the one presented
             by Mr. Sellers, and what they have already done in other areas. We need
October 12, 2004
Page 13

             to expedite this process. I believe that we should ask Charter to work with
             us. If we keep waiting the developers told us they will go ahead and build
             under our current zoning.

             Comm. Briddell: I read the West Lampeter ordinance. It was good, but
             Sellers addressed a lot more. That ordinance seemed a lot more
             complicated. Bill looked at a lot of things, he pulled a lot from our
             ordinance. A lot in the West Lampeter ordinance he didn’t touch on. The
             developer does what works for them. Bill is a watchdog. I don’t have a
             problem with them helping on the ordinance.

             Comm. Stewart: Why don’t we take their offer?

             Comm. Briddell: If we do that, we will need a referee.

             Comm. Knepper: It has to get to a level that I can understand.

             Comm. Stewart: We had an open invitation from Charter to work with our
             engineer and zoning staff to show us what it will look like with 3 ideas
             and pictures to understand.

             Elizabeth Heathcote: Will this cluster development be optional or
             mandatory? I would not like to go through this exercise and find out that
             you will not vote for the finished product.

             Comm. Briddell: You have to decide is this what we want? A blanket of
             homes? The developer will pick the easiest way.

             Comm. Craley: This would be less impervious. It sounds like a great idea.
             Why will builders not come to the table with this type of development?

             Comm. Briddell: It takes more work to get the end results.

             Comm. Craley: I have a problem shoving this down someone’s throat. I
             am not a proponent of TDR’s.

             Comm. Briddell: We have made the township look like the zoning
             ordinance. We have to say we don’t want that kind of development. You
             can build anything and it will be sold in York Township. If that’s the way
             you want it to look, we will just keep on doing it.
October 12, 2004
Page 14

             Comm. Steele: Let’s make it a part of the possibilities. Let the land
             owner make the choice. We give enough incentives they will go where
             you want them to go.

             Comm. Briddell: You get more units building conventionally. This will
             not allow as many units.

             Comm. Craley: Is that your version of mandatory?

             Comm. Briddell: It is an incentive to get open space.

             Comm. Craley: It is a preferred method of development, with bonus
             points for clustering.

             Comm. Steele: If we do not address the density issue in the 3,5 and 9
             zones, it doesn’t work. You have to change the setbacks, putting the unit
             to the street. Does York County think like that? No.

             Comm. Knepper: Builders will build unique things and draw unique
             people.

             Comm. Stewart: We are all in agreement to contact Charter to do the
             three concepts.

Comm.
Craley       I met with Peggy Taylor regarding the stormwater problem on Honey
             Valley Road. I contacted Gary Peacock and there are matching funds
             available for the Innerst waterway from the school to Lake Redman. The
             entire waterway could be fixed with grant funds, available through the
             township. We should have agreements with the residents. Township
             would obtain the grant funds, but we would not be out any money. We
             would be the guardian of the money. The township would be the conduit
             only, no expenditures of money.

Yoe Ambulance

             Gary Milbrand, Tom Landis and I met with Yoe Ambulance. You have a
             letter from Terry Fix regarding the location of an ambulance at Goodwill
             Station 19.

             We are not doing any box changes.
October 12, 2004
Page 15

Comm.
Briddell       We all had an opportunity to meet with Mark and Joe on the budget. Mark
               has given us a list of questions that each of us needs to answer.

SOLICITOR’S AGENDA

Res. 2004-29
Handicap
Parking      On motion of Commissioner Craley, seconded by Commissioner Stewart,
             Resolution 2004-29 outlining the procedure for the authorization of
             handicapped parking spots within the township was approved. Vote 5 yes.

EXECUTIVE
SESSION   The board was in executive session from 11:15 p.m. until 12:10 a.m. to
          discuss personnel issues.

Adjourn        On motion of Commissioner Stewart seconded by Commissioner Craley
               the meeting was adjourned at 12:12 a.m.



           Secretary

								
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