Document Sample
TUESDAY, November 14, 2006
6:00 P.M.

The meeting was called to order at 6:00 p.m. by President Briddell with the following in

       Paul Knepper                           Scott DePoe
       Dennis Ness                            Elizabeth Heathcote
       Robert Steele                          Steve Hovis
       Scott Stewart                          Lisa Frye
                                              Fred Krause

Minutes       On motion of Commissioner Knepper, seconded by Commissioner Steele
              the minutes of October 10th and 30th were approved as presented. Vote 5

Payment of Bills

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

                       General Fund                 $321,850.62
                       Sewer Revenue Fund            190,206.86
                       Inter-Municipal Sewer Fund     11,525.29
                       Stormwater Mgt.                 1,650.00
                       Recreation Capital Reserve      7,594.75
                       Liquid Fuels Fund             244,625.18
                       Capital Reserve               109,576.90
                       Escrow Fund                   128,790.92
                       Impact Fees                   232,539.82

                              Total                $1,248,360.34

                       Professional Service
                       Non reimbursable               $28,131.30

              Vote 5 yes.
November 14, 2006
Page 2


Karl Boehringer
2200 Sutton Road
              Mr. Boehringer gave a presentation on domestic and feral cats, requesting
              the board to look into the matter and see if some help can be provided to
              the residents. (comments attached)

              Comm. Briddell: Who would enforce the ordinance? I have received
              several phone calls on cats.

              Comm. Stewart: Doesn’t the county handle this?

              Attorney Hovis: No. The state has a dog law that covers leash, dangerous
              dogs, etc. There is no state cat law. A number of townships have wrestled
              with cats. Some boroughs have adopted cat leash laws. But I have been
              informed that it is inhuman to have a cat on a leash. Leashing doesn’t
              address feral cats. You can adopt an ordinance to have cat owners keep
              their cats on their property, but this doesn’t address feral cats, you have no
              one to cite. One humane society captures, spays and neuters and then
              releases them back to where they were captured.

              Comm. Briddell: What about enforcement?

              Attorney Hovis: The animal enforcement officer would be empowered to
              follow a complaint.

              Comm. Briddell: I believe the sense of the board is to take a look at the
              other ordinances, especially Manchester Borough.

              Attorney Hovis: I will collect some information I did the same thing in
              Spring Garden a couple of months ago.

Ted Hake
Yoe Ambulance
            The Yoe Fire Co. Ambulance Service requested that funding in the
            amount of $20,000, which was received in 2005, dedicated to our
            Ambulance 19 based in Spry, be restored on an annual basis beginning in
            2007. Ambulance 19 in Spry received no specific dedicated funding from
            York Township in 2006, despite responding to more than 800 emergencies
            in York Township.
November 14, 2006
Page 3

            Ambulance 19 in Spry proposes that instead of earmarking a specific
            amount of funding that York Township earmark $3.00 per township
            resident for the purpose of EMS funding. This would require an analysis
            of funding distribution to each ambulance, something that has not
            occurred since 2002. This would produce funding for Ambulance 19 in
            Spry and provide a slight increase in funding for all ambulances serving
            York Township.

            Comm. Stewart: There are a couple of things I would like to see (1)
            subscription dollars by municipalities and (2) insurance paid by the

            Ted Hake: Only about 1 in 5 residents subscribe, in the retirement areas
            the rate is high, but the younger generation does not see the need. There is
            no reimbursement for some calls, when we are on stand by for fire calls
            and transients use it as a taxi service.

            We are now providing 16 hrs a day, weekends and holidays. We promised
            no new funding if the $20,000 was annual funding. We have made it
            through. We do have an increase in health insurance and the cost of
            living, and our call volume is increasing.

            Comm. Briddell: It was very clear that the $20,000 was a one time
            contribution. It was never considered to be every year. There was no

            Comm. Stewart: You got an increase in funding with subscriptions.

            Ted Hake: When we get to our subscriptions in April some have already
            been solicited by Grantley. Grantley is still bitter about losing area.

            We honor subscriptions from Jacobus, Red Lion and Grantley. We have
            agreements in place with everyone except Grantley. Their agreement
            expired 4/30/05. The board may want to consider that all of the
            ambulance companies must sign agreements honoring all first due
            agreements before releasing any funding.

            In Grantley’s subscription drive letter it states ‘that we receive no tax
            dollars’. They are first due in the Apple Hill area.

            Attorney Hovis: All funding is voluntary. You can place conditions on
            the funding. If they are given the money and do not follow your direction
            it could jeopardize funding. Do you want to get involved?
November 14, 2006
Page 4

             Comm. Briddell: I get calls from citizens who make donations to Jacobus,
             but they may not be the one showing up.

             Ted Hake: It is good business to honor subscriptions, but we have not been
             able to solve the problem.

             Comm. Briddell: Let’s put a map in the newsletter showing 1st and 2nd
             due response area and explain subscriptions so the residents will
             understand contributions to one ambulance company doesn’t necessarily
             mean that’s who will show up, but they will honor their subscription.

             Ted agreed to help Gary Milbrand come up with the article and map for
             the newsletter.

Zoning Hearing Board
Ken Silberstein

             Zoning Ordinance: Knowing how long it takes to rewrite the ordinance,
             we would like to have the okay to proceed with an RFP prior to 2007. The
             board okayed the request.

             ZHB Solicitor Interviews: The ZHB spent 2 evenings interviewing 5 very
             qualified candidates. We will be making a decision at the November
             meeting and bringing our decision back to the BOC in December.

             TND: After reading the minutes of the Planning Commission I am
             concerned about the number of recommendations for modifications. I do
             not understand that nothing has been deferred to the zoning hearing board.

             Solicitor Hovis: Have you reviewed with staff your concerns? Some have
             easy answers.

             Comm. Briddell: I would like to get together with the planning
             commission and zoning hearing board and find out how they got to this

             Solicitor Hovis: The Planning Commission has completed the process.
             Now we are ready for the conditional use hearing by the BOC.

             Comm. Knepper: Are the recommendations encouraged by staff?
November 14, 2006
Page 5

              Solicitor Hovis: There is a long laundry list. You have empowered the
              staff to make decisions. You should have a list of the staff’s review with
              recommendations on certain items.

              Ken Silberstein: No one truly knows about the process. I am concerned
              where the ZHB fits in. It appears they are gutting the TND as I envisioned
              it. At what point is the ZHB involved? In reading the recommendations
              there were places where it said that a variance needed to be approved.

              Solicitor Hovis: They would need to get whatever special exceptions or
              variances that are required prior to submitting their land development
              plan. The language of the TNC allows for modifications. If they are
              requesting something that is not permitted then a variance would be

              Comm. Stewart: Has Hidden Lakes been withdrawn?

              Lisa Frye: No written confirmation has been received.

The regular meeting was adjourned for a public hearing.


Rezoning/Leader Heights and Powder Mill Roads and Cherry Street

Wm. Poole     The request for rezoning is for eight properties, all have provided written
              statements that they wish to be a part of the rezoning request. Currently
              you have 122 acres or 1.2% of office professional land available for
              development and 1861 acres or 18.4% of low density residential land for
              development. This request meets the comprehensive plan. We are not
              here to determine a use, only the rezoning.

The public hearing was closed and the regular meeting was called back to order at 7:11

Ord. 2006-17
Rezoning     On motion of Commissioner Stewart, seconded by Commissioner
             Knepper, Ordinance 2006-17 rezoning properties located along Leader
             Heights and Powder Mill Roads and Cherry Street from RL-3 to O-P was
             approved with the following voice vote:

                      Commissioner Briddell                 Yes
November 14, 2006
Page 6

                      Commissioner Steele                  Yes
                      Commissioner Knepper                 Yes
                      Commissioner Ness                    Yes
                      Commissioner Stewart                 Yes

               Attorney Poole withdrew the previous application.


Comm. Stewart

               Water & Sewer Authority: On motion of Commissioner Stewart,
               seconded by Commissioner Steele, Mark Avakian was appointed to the
               Water & Sewer Authority for a five year term to expire November 14,
               2011. Vote 5 yes.

Comm. Knepper

               Kaltrider-Benfer Library: I recognize Dave Fishel in the audience. I hope
               you will ask your supporters to give the same effort for the money being
               restored in the budget. I have been bombarded with phone calls on the

               Township Campus Parking Lot : I believe where the parking spot was
               removed that a light pole should be installed there.

               Oak Road vs Oak Street: If you ride up and down Oak, the address is not
               consistent, some with Road and some with Street. Can we see if this can
               be straightened out?

               Trolley Line: Scott DePoe advised that the soils were clean and the Phase
               I was clean with no findings.

Comm. Steele

               Girl Scouts: Take care of in December.

               Ward Drive Thru: Apologized for not having done the ride through and
               would be making an appointment the first or second week of December.
November 14, 2006
Page 7

Comm. Briddell

            Nestlerode Driveway: Everyone received a letter from Mr. Nestlerode
            regarding the drainage issue with his driveway. The water from Vireo
            Road crossed Leader Heights and ran down his driveway. He requested
            that we pay for the resurfacing of his driveway. We asked Scott DePoe to
            look at it, and I don’t think he found anything unusual. I would like to
            make a motion that we participate with compensation not to exceed half of
            the $267.28 to reseal the driveway. Seconded by Commissioner Steele.

            Comm. Stewart: There is no more wear than the neighbors. I sympathize
            but don’t think taxpayers should pay. Do we reimburse the people that we

            Vote 3 yes 2 no (Knepper, Stewart)


Contract    Comm. Ness: Regarding Section 8 of the contract I would like to look at
            the language involving disapprovals. A disapproval lends itself to more

            Solicitor Hovis: If an inspection doesn’t meet code a violation notice is

            Comm. Ness: This allows you to play games. I want it in black and white.
            These are contests you don’t want. With a notice of violation you are not
            required to identify the section of the code.

            Solicitor Hovis: The notice of violation would say it failed for the
            following reasons and they would be listed.

            Comm. Ness: You can’t document with a disapproval.

            Solicitor Hovis: We need to provide something for them to appeal from.

            Comm. Ness: There are a lot of various changes that don’t hold up in
            court. Some inspectors like to play with their minds.

            Solicitor Hovis: Don’t we want a written disapproval.
November 14, 2006
Page 8

              Comm. Ness: There’s no violation. We need to make this as black and
              white as possible. Rarely do inspectors leave written notices. If I have a
              good relationship with him I just tell him, half the people do. Then we
              have ‘Captain Code’. With an electrical inspection you have a dispute
              with the subcontractor, it takes 2 weeks for the inspector to get there, he
              looks at the dispute and the inspector says you can do that.

              On motion of Commissioner Ness the contract with ABI was approved for
              signature with the words disapproval removed twice from section 8 of the
              contract. Seconded by Commissioner Steele. Vote 5 yes.

Holiday       On motion of Commissioner Ness seconded by Commissioner Steele the
              board approved December 26th being a holiday and eliminating the
              vacation half days on December 22nd and December 29th. Vote 5 yes.

TND           The board agreed to wait until January 2007 to schedule the first public
              hearing on the conditional use for Bridgewater TND.

Pay        On motion of Commissioner Steele, seconded by Commissioner Knepper
           the board agreed to increase the pay for attendance for the Planning
           Commissioner, Zoning Hearing Board and Water & Sewer Authority
           members from $40.00 to $50.00 per meeting beginning January 2007.
           Vote 5 yes. Resolutions will be prepared for the December meeting.

Markers       As part of the Municipal Separate Storm Sewer System (MS4) program
              the township has purchased storm drain markers. They will be put on the
              storm drains in the township. They have unique ID numbers that will be
              linked to the data in our GIS system.


              Leaves: We are picking up leaves Monday through Saturday.

              Com. Knepper: Aren’t they coming down faster this year?

              Scott DePoe: Yes, last year it was closer to Thanksgiving.
November 14, 2006
Page 9

            Traffic Signals: The mast arms should be up at Pauline Drive today and
            the mast at Powder Mill is being installed.

            Scott advised the board if there is anything specific that you need or see
            that needs to be done, please contact him by phone or e-mail.

RECREATION – Debra Hatley

            Tyler Run: Debra thanked the public works department for the work on
            the Tyler Run pavilion. The picnic tables have been ordered.

            Pavilion Rentals: The rec commission will be charging for pavilion
            rentals in 2007.

BUDGET – Fred Krause

            Comm. Briddell: Impact fee projection. There is a significant drop is that
            a real figure. The stormwater fees have increased, is that because of the
            change in the fees being collected?

            Fred Krause: Yes to both.

            Comm. Knepper: I would like to commend the staff on such a complete

            Comm. Briddell: I like the binder idea. It was a very thorough document.

            Comm. Knepper: The vertical curve on Camp Betty, is that in conjunction
            with Sage Hill?

            Scott DePoe: Yes.

            Comm. Steele: The upgrades to the Honey Valley and Marlboro pump
            station is that a pretty good understanding of the cost?

            Scott DePoe: Semi-real.

            Comm. Steele: The one ton dump truck with plow and spreader is that a
            new vehicle or are we replacing something?

            Scott DePoe: Yes it is replacing H-10, which is 13-15 years old, a vehicle
            which may not make it through the year.
November 14, 2006
Page 10

            Comm. Steele: The buried diesel tank, is that going to bring with it
            contamination of the soil? $7K may not be enough.

            Scott DePoe: The tank is not that old and is a double walled tank.

            Comm. Stewart: Can we get the printed version of the budget on the web-


Knisley     Plan presented by Jessica Fieldhouse and Brendon Williams, First Capital
            Engineering and Todd Knisely. After discussion Mr. Knisely requested an
            extension of time to have a note put on the mylar and to obtain a letter
            from the neighboring property owner regarding the buffer yard. The BOC
            agreed to the extension.

LD06-7-2    Plan presented by Kathy Conley, LSC and Tim Rutter. On motion of
            Commissioner Stewart, seconded by Commissioner Steele the plan was
            approved with the following conditions or modifications:

            1. All comments on the letter from Dennis Henry dated November 3,
               2006 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 must be provided to the York
               Township Engineering Department prior to recording.
            4. All invoices to be paid prior to recording.
            5. Waiver granted for Section 603.C to allow a six inch curb reveal
               within the site.
            6. Waiver granted for Section 603.B to allow the use of synthetic fiber
               reinforcement in the private sidewalks, but wire mesh is to be used for
               sidewalks along Cape Horn and Belle Roads.
            7. Waiver granted for Section 609.A.3 to allow parking within 10 feet of
               the building.

            Vote 5 yes.
November 14, 2006
Page 11

Sketch Plan
Snyder         Plan presented by Nathan Good, Site Design Concepts. On motion of
               Commissioner Steele, seconded by Commissioner Stewart the waivers for
               road widening, curb and sidewalk would be waived on the plan with the 6
               months statement added to the proposed plan. Vote 5 yes.

Services       York Township received a proposal from TRG for a roundabout study for
               Pauline Drive and Springwood Road and one for a traffic signal
               design/permit for Pauline and Springwood Road. They were received in
               the time of transition earlier this year and never were signed. Much of the
               work has already been finished. The proposals were reviewed by Solicitor
               Hovis. On motion of Commissioner Steele, seconded by Commissioner
               Knepper the proposals were authorized to be signed. Vote 5 yes.


Ord. 2006-18
Limits       On motion of Commissioner Steele, seconded by Commissioner Knepper
             Ordinance 2006-18 establishing speed limits for South Park Street and
             Dustin Road were approved with the following voice vote:

                       Commissioner Steele          Yes
                       Commissioner Knepper         Yes
                       Commissioner Ness            Yes
                       Commissioner Stewart         Yes
                       Commissioner Briddell        Yes

Line           Solicitor Hovis was directed to prepare a right of way agreement for the
               First Energy Trolley line.

Session        At 9:15 the BOC went into an executive session to discuss a personnel
               issue and potential litigation.

Adjourn        The meeting was adjourned at 10:30 p.m.