Document Sample
May 10, 2005
6:00 P.M.

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

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

Minutes:       On motion of Commissioner Craley, seconded by Commissioner Steele
               the minutes of April 12 th, 13th, and May 3rd were approved with the
               following changes: April 12, page 2, date should be 1994 not 2004; and
               page 18 EMS Tax motion made by Commissioner Stewart not
               Commissioner Knepper. Vote 5 yes.

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

                      General Fund                          $714,202.94
                      Street Light                               158.89
                      Sewer Revenue                           88,940.50
                      Intermunicipal Sewer Fund                8,261.36
                      Stormwater Mgt.                              9.34
                      Capital Reserve Fund                    58,294.97
                      Escrow Fund                              6,105.29

                              Total                         $875,973.29

Public Comments

Jean Klinedinst
              I am disappointed that the sewer issue has gotten to this point. I am not in
              the sewer district, but it is only a matter of time before sewer knocks on
              my door. This is a utility, and it is a fact of life that we have small
              increases. We can‟t fight the other utilities with their increases. This
              would be a horrific nightmare. This will be a burden on family finances. I
              can‟t imagine why this group would have to pay more. It is the same
              system, you are not offering them something different. If you can‟t pay
              your sewer bill and get behind two quarters you will receive a letter from
May 10, 2005
Page 2

               the township and the water can be shut off. Are you willing to hold the
               citizens hostage?

               In May, 2003 you raised the recreation fee to $1250 per unit. You have
               collected over a half million dollars. I have nothing against recreation, but
               it is a luxury, sewer is not.

               If you don‟t make a decision on this, how will we make decisions for the
               future needs? These people have been under undue stress, make a
               decision and quit dragging this out.

Jeff Sterner   At the April sewer meeting, I waited my turn to speak. Some left because
               of a hostile crowd. I was disappointed in how the meeting was handled
               and with the people here.

               It was stated that a portion of the budget was set aside for maintenance,
               and when Commissioner Craley questioned Mr. Derr where the money
               was, he advised it was spent? Where was it spent?

               Mr. Beck told us that the Sewer Authority is in the red, how are the bills

               Are the current sewer rates not sufficient or is the Water and Sewer
               Authority not spending the money wisely?

               Why would several hundred thousand dollars be spent when no one has
               decided how to pay for the project?

               If the residents pay for this project we will pay for the others. The costs
               related to future projects will be higher. Commissioner Steele, it is unwise
               to offer to pay $5.00, it‟s not that simple. I can‟t remember a government
               project that has come in under budget.

               I feel sorry for the family that just put in a new septic, we should have
               passed the hat at the last meeting to see how many would contribute.

               There have been individuals who paid for projects in the past, let‟s take
               another step and repay those who paid in the past.

               I ask that the commissioners not view their decision as an individual
               decision, but what is best for York Township.
May 10, 2005
Page 3

Wells          I found the April 13th meeting to be very interesting. I am planning to stay
               involved. I read the minutes from May 2003 forward. In reviewing the
               history of the sewers from 1965-1998, there are 17 years of projects,
               history proves Commissioner Craley wrong.

               Who authorized the survey? Who approved the language?

               Comm. Briddell: The Water and Sewer Authority undertook the survey.
               No one here was involved.

               Barbara Wells: How many read the survey? I find it disturbing that you
               made a decision and didn‟t read the survey. It is appalling to see such lack
               of concern, and the attitude of certain people. It seems like a power trip,
               you treat your ward like a little serfdom. Something seems „off color‟.
               You will be sacrificing 135 families. It is not morally or ethically right.
               How will township history remember you? The folks in 1988 realized it
               was a nightmare to have several districts, why are certain commissioners
               trying to change the rates?

               Comm. Briddell: I have the upmost respect for my colleagues. You
               refer to something „off color‟, you are dead wrong. We have spent a lot of
               time on this.

               Barbara Wells: Whether it‟s true or not, it is perceived.

               Comm. Briddell: Just a difference of philosophical opinion.

Ed Beck        Comm. Briddell the April 13 th was very poorly handled by you. It was
               suppose to be question and answer, and there was a crowd up here like
               cheerleaders. You let people tear Commissioner Knepper and Craley

               As Mr. Sterner and I pointed out you let them go. One fellow spoke for 24
               minutes and had one question. He stated if it doesn‟t go their way, they
               will hold it up with litigation, that‟s blackmail!

               I talked with two real estate people and they said it would increase the
               value of their homes by $5000-7000. We have heard a cost of $17,000,
               but they are getting stormwater controls, curb and sidewalk. A number of
               people in this group are the same ones who wanted to keep the Wynfield
               Club. I gave you a petition with 200 signatures. That is more than the 135
               needing sewer.
May 10, 2005
Page 4

               A democracy is of the people, by the people and for the people, not for a
               few of the people. We heard them say how much they love York
               Township, and in the next breath they won‟t be able to sell their house
               with the sewer. If they love York Township why would they sell their

Robinson       I thought the meeting was well handled. You had a hostile crowd and I
               applaud the commissioners.

               Where I live there are 38 homes, 2 pump monthly, 2 have stormwater
               problems and 2 have drainage problems. There are 32 homes that don‟t
               need the sewer. When the survey came out, I actively went through the
               neighborhood asking people not to agree to it. I don‟t need a $320 a year
               bill for sewer. I pay $200 every 3 years to have my septic pumped out. I
               can probably afford the price you are talking about, but there are others
               who will not be able to pay. I don‟t have a problem now, but may in the
               future. I am now in favor of the sewer system, but not at those prices. In
               my neighborhood there are 12 retires. There will come a time when I will
               have to sell my house, and it will make a difference on the costs.

Kabonick       I have spoken to the township about the maple tree on the Walgreen
               property. It is starting to die and I think they should take it out. I talked
               with Jason Brenneman. Walgreens agreed with the township not to
               remove the tree. The maple tree is never trimmed, the pine trees are okay.
               I wanted to see if you could do something for me. Nobody consulted me
               about the maple tree.

               Comm. Stewart: What is on the plan?

               Dennis Henry: A fence and a buffer strip and the tree is part of the
               planting buffer.

               Comm. Stewart: If the tree destroys the fence, they will have to replace
               the fence?

               Dennis Henry: Yes.

               Elizabeth Heathcote: He can cut the limbs on his side of the property line.

               Fred Kabonick: They could cut the tree with their equipment.
May 10, 2005
Page 5

               Attorney Hovis: That could open other problems. Bringing trucks onto
               your property, ruts if the ground is wet…..

               Comm. Briddell: They are within their rights. There is nothing to force
               them to cut down the tree.

               Comm. Knepper: The tree has been poorly maintained. I think that
               Walgreens will clean up the tree.

Tracey         I provided you with a letter regarding the aerial truck. One fly section is
               bent and the truck is out of service. We hired a specialist and he spent 4-5
               hours testing the ladder, but our insurance company will not insure the
               truck. I have spoken with someone from Lebanon and he may be able to
               certify, but doesn‟t have any openings until June or July. I talked with our
               board of trustees and we would like to move forward with a new purchase.

               The company that built the aerial only lasted a year or two and we can‟t
               get parts. We are asking the township for a small down payment of
               $75,000 and the fire company would put $75,000 toward the purchase.

               In talking with Commissioner Craley, she advised that I come and talk
               with the board. When the commissioners left the old building they gave it
               to the fire company for a dollar. One of the first nights I was there we had
               50 buckets on the 2nd floor catching water. We spent $100,000 on a roof.
               We have major capital expenditures, and are barely in the black. Last year
               we spent $37,000 on utilities; $13,000 on diesel fuel; $23,000 on
               insurance; $26,000 building upkeep. We are asking the commissioners to
               sit down and look at our expenses. We need help to get back on track.

               The truck was built by 3 different people. We don‟t feel that it is a good
               idea to spend $300,000 – 400,000 for an 11 year old truck.

               Comm. Craley: I would like to suggest that we sit down with the fire
               company. Find out where they are and where they are going. They only
               have us, they rely on us 100%. We only have one ladder serving York

               Nate Tracey: Red Lion‟s won‟t be in service for 4-5 months.

               Comm. Craley: It‟s their new toy, we don‟t want to step on anyone‟s toes.
               I want to set up a committee to see where the company is going.
May 10, 2005
Page 6

               Comm. Steele: This is a bigger topic than we have time to talk about now.


               At 7:01 the board recessed their regular meeting to hold a public hearing
               on two ordinances.

               Material Specifications: Attorney Hovis identified the proposed ordinance
               as York Township Construction and Material Specifications. The
               standards and requirements contained in this manual shall apply as
               minimum design standards for subdivisions and/or land development. The
               manual may be amended from time to time by resolution.

               Comm. Steele: Will it be available? Has it been proof read? What‟s in

               Dennis Henry: Paving specs, street construction street widths, lighting,
               types of pipe, curbing, etc.

               Comm. Steele: We are approving specs and haven‟t published it yet?

               Dennis Henry: We only have limited editions. We will have it published
               for public purchase.

               Comm. Knepper: It is a whole list of things, just to get on record?

               Scott DePoe: This brings it all together. It is a tool that the township can
               use for inspections. It is uniform for the contractors. Everyone is now on
               the same playing field.

               Comm. Knepper: What have developers used in the past?

               Dennis Henry: PennDOT standards for streets. Met-Ed for lights.

               Jean Klinedinst: Does this effect new construction?

               Dennis Henry: Yes.

Pierce Streavig
Country Club & Dairyland
               Presented by John Runge, Attorney George Eveler, Scott Naylor.
               Provided board with information from YCPC recommending approval of
May 10, 2005
Page 7

               the request for rezoning. Presently Country Ridge development extends to
               Country Club Road and is zoned RH-9. There is a grade along Country
               Club Road and apartments across the street in Red Lion borough. To the
               south of the property is a stormwater pond and the township‟s pump

               Comm. Craley: How many units?

               John Runge: 10 units.

               Dennis Henry: Pierce Streavig has given a right of way to realign
               Dairyland Drive with Mill Street.

               Comm. Craley: Isn‟t that on the other side of Dairyland?

               Ed Dick: You shouldn‟t change the zoning to allow more units. This will
               mess up the school district. We don‟t want townhouses all over the place.

               Ken Silberstein: This sounds like we are going backwards from the
               workshop that we had on the 3 rd. I agree with the problems that the school
               brought up.

               Jean Klinedinst: I use Dairyland Drive and it is very narrow.

               Comm. Stewart: With a zoning change you are under no obligation to
               develop the way you are proposing. You can develop anything that is
               allowed in RH-9.

               John Runge: There is a 50‟ setback along Country Club Road, a sewer
               easement and a 40‟ rear setback, it would be impossible to do more than
               just the 10 units.

               PUBLIC HEARING CLOSED AT 7:42 P.M.

Station 19     Comm. Craley: I want to spend time with the fire company, I will
               volunteer to meet with them.

               Comm. Steele: I will volunteer.

               Comm. Stewart: If needed, I can be there.

               Comm. Craley: I want Mr. Derr there as well for the numbers.
May 10, 2005
Page 8

               Comm. Steele: I did look at the ladder. It is not elaborate in construction.
               As a mechanical engineer you can cut it apart and put it together. I have
               no background in understanding the insurance portion of this. That truck is
               able to be fixed. It looks like it has been slightly overloaded and will not
               come back to original shape. At Voith we have worked on the local fire
               truck. The truck is fixable, but I don‟t know how we can get it certified.

               Comm. Briddell: You should have someone from Glatfelters meeting
               with you.

               Comm. Steele: I have a structural engineer at Voith who wants to look at
               the truck. In the „geek world‟ he wants to know why it‟s bent.

Chris Biddix
               Follow up from last month on the Chonister Farm basin. Listening to your
               conversation it sounds like there are stormwater issues everywhere.

               Dennis Henry: Spoke with John Heunke. He has spoken with a soil
               scientist and is scheduling a meeting in the field with Tethey‟s for soil
               borings to determine what needs to be done to make the basin work. If the
               soil is sealed, it will become a true detention basin. The water has to go
               somewhere, and it will all go into the stream not into the ground.

               Chris Biddix: I would like to have a copy of the letter to the developer
               and would like to be available when the soil scientist is on the site.


Briddell       If any of the other commissioners want to say anything, please feel free to
               jump in.

               I can‟t stress enough this is not only for Leader Heights, but for the
               township. If you are looking for a motion to move this off dead center, I
               don‟t believe it will happen. I do not feel there are enough votes to
               continue as we have by spreading it over the other sewer users. So we can
               find something in the middle or do nothing.

               We really have not looked at alternatives. I can‟t fault the engineer.

               When we did the septic ordinance we figured out an ordinance for
               everyone, we came up with something we could live with, and now people
               are taking care of their septic tanks.
May 10, 2005
Page 9

               I suggest that we form a committee, 3 folks opposed to having the
               township fund the project, 3 folks who want it spread over the sewer users,
               someone from the Water and Sewer Authority, 2 commissioners,
               representatives from other areas that will need sewer, some of the staff,
               12-15 people. We don‟t need to reinvent the wheel, but look at other

Craley         The Water and Sewer Authority approved a resolution in 1989 knowing
               that this would occur. No. 13 states “in no event shall the authority‟s
               participation be more than 50% of the construction cost after grants or
               $3999.00 whichever is less”. Windsor adopted the same thing. Both are
               represented by the same engineer. There is the Growing Greener grant,
               USDA, and Act 218 which is based on the project, not affordability. None
               of these options have been looked at even though the rules say so. I‟m
               okay with a committee as long as they follow policy of the Water and
               Sewer Authority and apply for grants. Some of the costs of the plan are
               eaten up by engineering costs. We opened the checkbook and allowed Mr.
               Resh to write his own check.

               What are their plans for the rest of the projects? They haven‟t followed
               their own policy since 1989.

Stewart        I‟m hearing about three grants that I didn‟t know about and the Water and
               Sewer Authority did not research. It is foolish to move forward without
               seeing if there is money available. Why foot the whole bill if federal and
               state government has money?

Knepper        Sounds like a „no brainer‟ to me.

Steele         In my comment last month on the 13 th I stated I am still mad about the
               way sewers were installed in Arlington Park. For the record, I need to
               clarify that comment that is in the minutes. During the design phase of the
               project, there is not a mechanism that advised of the design or the plans
               for the pending installation. This was true of the Arlington Park project.

               I continue to be irritated about the design philosophy that gives the
               township what CSDavison wants you to have when sanitary sewers are
               considered for installation in existing residential areas. The township did
               not get what we wanted, we got what someone wanted us to have.
May 10, 2005
Page 10

               I invite you to review „any after the fact project‟ sanitary sewer plans. It is
               my opinion that CSDavidson staff has a set design philosophy:

                      First design criteria is they always place the sewer lines in the
                      streets, making it necessary to repair our existing roads after

                      Deep line design rather than ask for an easement.

                      Not always citizen connection friendly.

                      Not always the lowest cost design.

                      Not always correct engineering on requirement for existing

               When one looks at the current business process of sewers and the
               installation of sewers, one could question if the citizens of York Township
               are getting a fair and equitable solution to sanitary sewers? CSDavidson
               represents York Township and other municipalities with sewer issues that
               may affect York Township. Is this a conflict or interest?

               I make a motion that we approve the start of the construction process of
               adding 135 new customers in an area currently described as Leader
               Heights Phase 2-3 (Reynolds Mill, Lentzlyn, Amad, Oak Knoll,
               Woodland, Skylark and Wren Terrace) as shown on CSDavidson project
               drawings, by voting to continue the sewer construction program, by
               sharing the cost of this infrastructure with all sewer users. By this motion
               I would also suggest that our sewer construction program include the
               properties at Camp Betty Washington Road and Springwood Road that has
               also shown a need to review sanitary sewer.

Stewart        The split decision of the board is a good thing. We are asking questions.
               The plan is not the best thing. This split board has slowed down the
               process, not a snap decision. The problems with the decision are a good
               thing. We are picking apart the project to get the best value for the
               residents and the township.

Steele         Anyone have the guts to second that?
May 10, 2005
Page 11

Craley         I don‟t believe voting down one option is the best option for the residents.
               I don‟t think that is fair.

Briddell       I will second the motion and add that we table the vote.

Craley         I will second the table motion as long as we send it back to the Water and
               Sewer Authority to look at grants, not just to next month. Let them do
               their job to get grants.

Knepper        How many want up or down vote tonight? (Hands raised and applause)
               We are trying to look out for your betterment. Why wouldn‟t you want

Hovis          You will need to be more specific what you are asking the Authority to
               fulfill in complying with the resolution that you just read.

Craley         I want them to follow No. 13 finding grants. They are out there, Growing
               Greener, USDA, and Act 218. They need to find them and apply and take
               the process through to see if they receive them.

Briddell       I will not agree to that. To seek and get in the funding cycle will take a
               year. We can‟t wait that long. We should be applying for any grants, but it
               should not be a quantification.

Craley         I can‟t agree to the sewer project without knowing how it will be paid for.

Briddell       I am not ready to open end it. Being on the York City Sewer Authority for
               25 years, the likelihood of getting money is slim to none.

Stewart        A vote yes means the project moves forward. A no means the motion fails
               and we are back to square one.
May 10, 2005
Page 12


               Vote 2 yes, 3 no (Craley, Knepper, Stewart)

Craley         I make a motion that we require the Water and Sewer Authority to follow
               up with their own policy and look and apply for grant money for the sewer

Stewart        Motion seconded

               Vote 3 yes, 2 no (Briddell, Steele)


Report         The acoustical engineer‟s report indicated changes needed for the meeting
               room and rear corridor. The estimated costs are $25,000 for the meeting
               room and $26,000 for the rear corridor.

               Comm. Stewart: Who designed the system? Why doesn‟t it work? Who
               said this is what you want or what you need?

               Attorney Hovis: We will review the contract documents to see if there is
               any representation that it will meet with your satisfaction. The
               microphones are working, but with the size of the room it makes it

               Comm. Stewart: The design of the room could be a mistake they made.
               We could be at this same spot after spending $25,000. The county
               building is a prime example.

               Comm. Knepper: You have 4 walls, hard surface on the floor, acoustics
               may not have been considered. If we fix, we are going to have to pay.

               Comm. Steele: See if latent defect is in the contract. If it‟s in there, use it.

               Attorney Hovis: You hit it on the head. Look for language.
May 10, 2005
Page 13


Bids           On motion of Commissioner Craley, seconded by Commissioner Steele
               the low bids were accepted for storm sewer pipe, line painting, guide rail,
               stone aggregate, asphalt recycling machine, and paving. Vote 5 yes.

Public Works
Projects     Scott DePoe provided a photo presentation of public works projects and of
             the Unimog.

Interceptor G
Tyler Run
Projects      These two projects were recently bid. They were pulled out of the budget
              and were planned to be included with the bond for the Leader Heights
              sewer extension. The bids total $867,000.

               Mark Derr: Do we want to spend money from the capital fund and repay
               when the bond is issued? The township has not charged money for
               replacement of lines.

               Comm. Craley: I thought that $26.00 of the sewer rent was going for

               Mark Derr: The money taken in is used for televising lines, repairing
               manholes, it doesn‟t go for replacement of lines.

               We have a map showing the 115 miles of sewer lines, approximately half
               of them are clay pipe and will need to be replaced. Scott is trying to
               identify the I & I and tree root problems.

               Comm. Stewart: When a lease back is set up who owns the system? Who
               should see that the money is there to see about maintenance?

               Attorney Hovis: The Authority owns the system and the board pays to fix

               Mark Derr: The tapping fee is being recalculated. Should we be looking
               at the capitalized cost of the sewer system? Government does not
               normally do that. Now we know we have $22 million in the ground in
               sewer lines, using a 40 year life span, we should be transferring $550,000
               a year to the capital project fund. It is not covered in the sewer bill.
May 10, 2005
Page 14

               We have planned for roads, trucks, plows, buildings, and some board in
               the future will have to address the sewer lines.

               Comm. Craley: How about maintenance for new homes?

               Mark Derr: They all use PVC pipe, which lasts much longer. We have 60
               miles of clay lines and asbestos lines that we have to look at replacing.

               Comm. Craley: What do we need to do to get started? We have already
               lost good time.

               Mark Derr: It will mean a fairly substantial increase in sewer bills, and a
               fairly substantial increase in taxes for the roads and stormwater.

               Comm. Steele; It appears we have been diligent and dedicated to objects
               that lay in front of us but when they get buried in the ground we forgot
               about it. The capital fund needs to include the things in the ground as well
               as stormwater lines, basins, curbs, sidewalks, etc. 40 years on sewer lines,
               I don‟t think so with clay pipes. Do you have a good handle on where the
               clay lines are? We have 40 miles of clay pipe and 8 miles of asbestos

               Attorney Hovis: The capital improvements fund was approved by the
               board through ordinance so you would have to formally adopt a capital
               expenditure fund to use money on sewer projects.

               Mark Derr: Where is the money coming from long term, how will we deal
               with it in the future?

               Comm. Briddell: How much I & I in the Honey Valley pump station?

               Scott DePoe: When it rains, it pours.

               Comm. Steele: If we loose the pump station we will have a big problem.

               Comm. Stewart: Does the Water and Sewer Authority have any advisory

               Attorney Hovis: They obtain right of ways and oversee the project.

               Comm. Stewart: It is their responsibility to come back to tell us what
               annual capital reserve fund should be.
May 10, 2005
Page 15

               Comm. Briddell: We set the budget.

               Mark Derr: The board sets the rates to have sufficient funding to pay the

               Attorney Hovis: They have no money. Township gets all of the revenue.
               You can‟t ask them to pay with no revenue.

               Comm. Stewart: If they are an advisory board why do they pay to have an
               engineer, if they are only a funding mechanism?

               Comm. Knepper: Has the Water and Sewer Authority ever recommended
               to set aside money?

               Attorney Hovis: They pay by borrowing.

               Comm. Stewart: When was the W&S Authority established?

               Comm. Briddell: 1962. We could get rid of it, but it provides a great
               service to the community. How much do we want to do?

               Comm. Craley: We are doing it now.

               Comm. Stewart: If they don‟t pay a dime and have no control over
               advisors, the money would be better served by bringing it house. We
               don‟t have any control over professional services.

               Comm. Craley: The engineering is in house.

               Comm. Steele: Do we have the authority to change?

               Comm. Stewart: Maybe we need to.

               Comm. Craley: We can refinance the bonds and make it debt free.

               Attorney Hovis: Technically you can‟t.

               Comm. Craley: We are paying for it but have no control over it?

               Attorney Hovis: You have no control to force payment.

               Comm. Briddell: We are generating revenue to make payments.
May 10, 2005
Page 16
               Comm. Craley: Mark can you look to see what the date is on the bonds?

               Comm. Knepper: How do we hope to ever have a capital reserve fund?
               How would you ever get ahead?

               Comm. Stewart: Why 2 projects in one year?

               Scott DePoe: You don‟t. Pick one. Interceptor G is higher than when bid
               earlier, with the price of gas being up and other prices going up. Bid Tyler
               Run next year, but we will be faced with increasing prices. The PennDOT
               HOP will expire and will have to reapplied for.

               Comm. Briddell: The residents on Tyler Run are anxious to get the
               project done.

               Comm. Stewart: Where is the money coming from for those bids?


               Copy of memo from Debra Hatley attached to minutes.

Meeting        The rec board will be meeting on Thursday, June 2 at 4:00 p.m. to do a
               site walk with Rick Jackson, ELA, on the Markey property. They will hold
               the business portion of their meeting at 6:00 p.m. Commissioner Briddell
               suggested that the board recess to that date so that as many of the
               commissioners that wanted to could be apart of the site walk.

Old Public
Works Bldg.
               Scott DePoe: We had an analysis of the old public works building done.
               Do we want to move forward?

               Comm. Briddell: Since there are code issues I would like to see a paper
               product, „as-built‟.


Waiver, David McDowell
              Presented by John Runge, Gordon Brown and Associates. Mr. McDowell
              would like to subdivide a lot from his farm to give to a family member and
              he is within 960‟ of the public water. Since Dallastown-Yoe requires a
              developer to take the water line the full extent of the property line it would
              make the project cost prohibitive. On motion of Commissioner Knepper,
May 10, 2005
Page 17

               seconded by Commissioner Craley the board approved the waiver. Vote 5

               On motion of Commissioner Knepper, seconded by Commissioner Craley
               the board agreed to accept the recreation fee in lieu of dedication of land.
               Vote 5 yes.

Stone Hill
P05-3-1        Plan presented by Joel Snyder. On motion of Commissioner Craley,
               seconded by Commissioner Craley the plan was approved with the
               following conditions or modifications:

               1. All comments from the letter by Dennis Henry dated May 5, 2005
                  must be met.

               2. The York Township Engineering Department shall be provided with
                  an electronic file of the plan prior to recording.

               3. 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 for recording of the plan.

               4. All engineering bills to be paid prior to recording.

               Vote 5 yes.

Springwood at Mill Creek
Phase IVA
              On motion of Commissioner Craley, seconded by Commissioner Steele,
              the plan was approved with the following conditions or modifications:

               1. The York Township Engineering Department shall be provided with
                  an electronic file of the plan prior to recording.

               2. 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 for recording of the plans.

               3. All engineering bills to be paid prior to recording.

               Vote 5 yes.
May 10, 2005
Page 18

Todd Seitz
Joppa Rd       A waiver was granted by the Board of Commissioners on July 15, 1997 to
               Todd Seitz for a proposed lot to be subdivided from the Dwight Markey
               property along Joppa Road. The waiver allowed the property to be
               exempt from extending the public sewer and having a septic system
               installed and no further subdivision without the sewer being extended.

               Comm. Stewart: Are we bound by the waiver?

               Attorney Hovis: There are no provisions on how long a waiver is good for
               in our SALDO or the MPC. For plans they are guaranteed 5 years. The 5
               year period has run out. Would the developer rely on the waiver forever,
               or do you hold him to the 5 years and he may be subject to a different

               Comm. Knepper: Would a pump station be required further down the

               Dennis Henry: A small lift station for one house. We have kind of led Dr.
               Seitz down this road. We did not notify him that we were not going to
               honor the waiver.

               Comm. Stewart: It is in within 1000‟.

               Comm. Craley: If expired, why reverse?

               Attorney Hovis: It is not expired. He is asking for you to confirm action
               of the previous board.

               Dr. Seitz: It will be a 5 acre parcel. I asked for the waiver for a single
               family house, knowing sewer was up grade. There was an illness in Mr.
               Markey‟s family that delayed the plans. I had the percs and probes done, I
               am submitting the plan. I am doing what I planned to do all along. The
               waiver approval says if sewer comes along I would have to connect.

               Comm. Stewart: The rule is if you are within 1000‟ you must connect. A
               lot of people are coming here saying their system failed and they want the
               township to bring sewer and have the township pay for it.

               Dr. Seitz: It was the engineer‟s suggestion to get the waiver. I‟m not
               asking for a change, I‟m asking for it to be honored.
May 10, 2005
Page 19

               Comm. Stewart: If I had been sitting here in 1997 I probably would have
               said the same thing, but now we are just creating another problem.

               Dr. Seitz: I‟m just asking you to honor the waiver. Had there been a date
               I would have complied. I feel like this has been sprung on me. I just want
               to finish the plan.

               Comm. Knepper: The sewer septic systems are a lot more stringent today
               than they were in the 60‟s. He already has the second site, the chances of
               him coming in for public sewer are remote.

               On motion of Commissioner Knepper, seconded by Commissioner Steele
               the board will honor the waiver to allow on-site septic and if public sewer
               comes by the lot the dwelling must be connected. Vote 3 yes, 2 no
               (Craley, Stewart).


Knepper        I recommended that special exceptions and variances not have to be
               reviewed by the Planning Commission. Elizabeth gave us a note that the
               Planning Commission felt they should continue to review applications in
               the commercial, industrial and multifamily areas, but didn‟t know how the
               ordinance would be written to address that. The board directed the
               solicitor to proceed with the ordinance to remove the review by the
               Planning Commission for special exceptions and variances.

Steele         I had a citizen approach me about the care of our trees at the Oak Street
               Park. The citizen asked that a representative of Bartlett Tree Experts
               review the care and mulching of our trees. I have a written response from
               an arborist stating that our trees were planted properly, however, our trees
               are not properly mulched.

Denise Roe
             On motion of Commissioner Steele, seconded by Commissioner Craley,
             Denise Roe was reappointed to the Planning Commission for a term to
             expire May 10, 2009. Vote 5 yes.

Craley         Thanked staff for the sewer information.
May 10, 2005
Page 20

EAC            Robert Holweck questioned the liability issues when volunteers are on
               township property. Mark Derr advised that he would check the insurance

Companies      Volunteer program has worked wonderfully, but some are having trouble
               coming up with the money to fund the programs. On motion of
               Commissioner Craley, seconded by Commissioner Stewart the board
               agreed to provide the volunteer money quarterly. Vote 4 yes, 1 no (Steele).

TND            I received a call from Commissioner Chronister and he is interested in our
               TND ordinance. It worries me that we are taking the process out of the

               Dennis Henry: When we have the work session with Charter Homes I
               think you will have a better understanding of the process. We will show
               you all of the decisions we will be making.

Briddell       The workshop that was held on the TND was a huge step forward for the


Ordinance      On motion of Commissioner Stewart, seconded by Commissioner Craley
               the board denied the request for rezoning applied for by Pierce Streavig on
               land located along Country Club Road and Dairyland Drive. Vote 5 yes.

Ord. 2005-6
Specs.         On motion of Commissioner Craley, seconded by Commissioner Steele
               Ordinance 2005-6 adopting the York Township Construction and Material
               Specifications was approved with the following voice vote:

                      Commissioner Craley           Yes
                      Commissioner Stewart          Yes
                      Commissioner Briddell         Yes
                      Commissioner Steele           Yes
                      Commissioner Knepper          Yes
May 10, 2005
Page 21

Ord. 2005-7
Ordinance       On motion of Commissioner Craley, seconded by Commissioner Steele
                Ordinance 2005-7, amendments to the burning ordinance was approved
                with the following voice vote:

                          Commissioner Stewart      Yes
                          Commissioner Briddell     Yes
                          Commissioner Steele       Yes
                          Commissioner Knepper      Yes
                          Commissioner Craley       Yes

June 14th
Meeting         Commissioner Steele advised he may come later in the evening due to a
                commitment at work.

The meeting was recessed at 11:05 p.m. to Thursday, June 2, 2005 at 4:00 p.m. for the
site walk on the Markey property with the recreation board.