EAST HEMPFIELD TOWNSHIP BOARD OF SUPERVISORS MINUTES DATE AND TIME: August 6, 2014 7:00 p.m. ATTENDANCE: Board Members: John D. Bingham Douglas W. Brubaker G. Edward LeFevre Brett R. Miller H. Scott Russell Manager: Assistant Manager: Dir. of Planning & Development: Chief of Police: Attorney: Robert S. Krimmel Cindy A. Schweitzer Andrew B. Stern Stephen A. Skiles Stephen M. Kraybill ABSENT: Perry T. Madonna The meeting was called to order at 7: 00 p.m. by Mr. Miller, followed by a moment of silence and the Pledge of Allegiance. Public Hearing: Zoning Ordinance (draft dated 05/22/2013) and Map (draft dated 07/17/2014) Subdivision and Land Development Ordinance (SALDO) (draft dated 05/29/2014) Mr. Miller gave a brief history of the Zoning Ordinance after which Solicitor Steven Kraybill provided direction for the procedures that will be followed for this public hearing. The hearing was then opened for comments and questions. Zoning Ordinance (draft dated 05/22/2013 ) - Mark F. Campbell, PE, Principal of A xios Consulting LLC came forwarded on behalf of the owner of the proposed development property located southwest of the intersection of Marietta Avenue and Running Pump Road (also known as Cheswicke Town Centre). Mr. Campbell explained his letter dated July 31, 2014 to the Board commenting on the Draft Zoning Ordinance and his residential density recommendation. Zoning Map None Subdivision and Land Development Ordinance (SALDO) (draft dated 05/29/2014) None Mr. Miller thanked the B oard and the many members of staff who gave countless hours of their time for several years developing these documents along with the Ordinance Steering Committee (OSC) members Art Ezard (member at-large), John Chesters (member at-large), Dr. Brenda Becker (Hempfield School District), Steve Gohn (Hempfield Water Authority), Andrew Weaver (Planning Commission), Dwight Rohrer (Planning Commission), Douglas Brubaker ( Township Supervisor), Brett Miller (Township Supervisor), Scot Fertich (Lancaster Area Sewer Authority), Mark Stivers (former Director of Planning), David Blackman (former Zoning Offi c er), for all
their time and efforts in drafting the Zoning Ordinance, the Zoning Map and the Subdivision and Land Development Ordinance. There were man y questions as well as protests from constituents regarding the wording in the proposed ordinance. The B oard listened and revisions were made. There was resolution and compromise and that was a significant factor throughout the development of the drafts. There being no further discussion, upon recommendation by Solicitor Kraybill, Mr. Miller declared that the Public Hearing for the Zoning Ordinance, Map and the Subdivision and Land Development Ordinance (SALDO) was closed and the issues would be addressed as action items on the agenda later in tonight s meeting if the Board so chose. P ublic Comments : Larry Frey, 1051 Sunwood Lane raised questions and concerns regarding open burning. The issues will be reviewed by the Planning Group and the y will make recommendations to the Board. Subdivision and Land Development: Fairmont Final Plan (13-14-FP) - Anthony Faranda-Diedrich, representing Charter Homes & Neighborhoods, Lancaster p resented a brief overview of Charter s Final Plan for Fairmont which will be located at the intersection of Harrisburg Pike and Sylvan Road. Also attending with Mr. Faranda-Diedrich were the following: Jim Shultz, Charter Homes, Der r ick Frank, Transportation Consultant, and Engineer Dave Kegerize, Lake Roeder Hillard and Associates. During a discussion regarding the underground stormwater facilities, Mr. Brubaker offered his apology to Mr. Shultz in that he was incorrect regarding the location of the cemetery at a previous meeting and asked that the minutes of tonight s meeting reflect that. At the conclusion of Mr. Faranda- Diedrich s presentation and satisfaction of comments and questions by the B oard, the following actions regarding Fairmont Final Plan (13-14-FP) were taken by the Board: Motion was made by Mr. Bingham and seconded by Mr. Russell to conditionally approve Mo difications 1 and 2 from the Stormwater Management Ordinance for Fairmont Phase 1 Final Plan (1 3-14-FP ) as per conditions noted in the July 30, 2014 memo from RAV. The motion passed (4-1) with Mr. LeFevre voting nay due to wanting to defer for the Planning Commission s opinion. Motion was made by Mr. Bingham and seconded by Mr. Brubaker to accept a Deed of Dedication from Old Mill Partners (Frank Kreider) for additional Sylvan Road right-ofway being granted to the Township. The motion passed (5-0). Motion was made by Mr. LeFevre and seconded by Mr. Bingham to accept a Deed of Dedication from Charter Homes for additional Sylvan Road right-of-way within Phase 1 being granted to the Township. The motion passed (5-0). Motion was made by Mr. Russell and seconded by Mr. LeFevre to grant conditional approval of Fairmon t Phase 1 Final Plan (13-14-FP) subject to staff and engineer comments and conditioned on the following: Resolution of all outstanding items noted in the July 30, 2014 memo from RAV. Page 2 of 5
Approval of a Developer s Agreement by the Board of Supervisors. Approval of a Stormwater Management Agreement by the Board of Supervisors. Approval of Financial Security by the Board of Supervisors. The motion passed (5-0). 543 Champ Boulevard ( 13-29-SK ) modification request In accordance with a discussion led by Steven Gergley, Harbor Engineering Inc. and recommendation by the Planning Commission at their January 29, 2014 meeting, motion was made by Mr. Bingham and seconded by Mr. Miller, to accept modification of SALDO 265-7 and grant conditional approval to eliminate the preliminary plan for 543 Champ Boulevard (13-29-SK) subject to staff and engineer comments. The motion carried (5-0). Mr. Russell noted for the record that he has a concern regarding the Final Plan addressing the sight issue problem when coming out of the driveway to the left of Spooky Nook and feels that this is a safety issue that needs to be addressed. Escrow Reduction s Motion by Mr. Bingham, seconded by Mr. Russell and carried unanimously (5-0) to approve the following escrow reductions as read: Pop-It Graphics (13-02-FP) Reduction of $4,147.22 leaving a balance of zero. Woodcrest Villa Shuttle Garage (12-07-SW) - Reduction of $5,804.70 leaving a balance of zero. Haydn Manor Ph. 1 (05-59-FP) Reduction of $428,330.40 leaving a balance of $892,640.71. Zoning Ordinance (draft dated 05/22/2014) and Map (draft dated 07/17/ 2014 ) - A public hearing on Zoning Ordinance (draft dated 05/22/2014 ) and Map (draft dated 07/17/2014 ) was held earlier this evening. The number of comments were minimal and the hearing was completed and closed. Solicitor Kraybill encouraged the B oard to vote on approving the Draft Ordinance and deal with issues as they come up with subsequent amendments. The request of Mr. Campbell, A xios Consulting, will be addressed as soon as possible. Mr. Miller reiterated his and the B oard s thanks to everyone involved in the monumental task of developing this document as listed but not limited to those mentioned in the Public Hearing section of the minutes. Motion was made by Mr. Bingham to a dopt Zoning Ordinance 2014-06 (Draft Zoning Ordinance/ 05/22/2014 and Draft Map /07/17/ 2014) as presented. The motion was seconded by Mr. Brubaker and carried (5-0). SALDO Ordinance (draft dated 05/29/2014) Mr. Miller again thanked all those involved with the SALDO Ordinance (draft dated 05/29/2014 ). Motion to adopt SALDO Ordinance 2014-07 was made by Mr. Russell, seconded by Mr. Bingham and carried (5-0). Road Ordinance (draft dated 07/23/2014) Rob Visniski, RAV Associates, discussed his summary of changes to the draft Road Ordinance from the July 9, 2014 version to the version dated July 23, 2014. Discussion ensued regarding the language of this Ordinance specifically pertaining to utilities and the planting of trees and distance from curb line. It was agreed to amend Item #1 in accordance with Mr. Russell s recommendation to verbally change Item 1 and clarify the second sentence of Section 519.E as follows: Owners of such structures shall be responsible for annual inspection and maintenance, and shall provide documentation of the inspections upon request by the Township. Motion was made by Mr. Bingham and seconded by Page 3 of 5
Mr. Russell to adopt Resolution #2014-08, Road Ordinance dated 7/23/2014 as amended. The motion carried (5-0). Road Ordinance Technical Specifications & Sta ndards (draft dated 07/22/2014) - There being no further discussion, Mr. Bingham made a motion that the Board of Supervisors of the Township of East Hempfield, Lancaster, PA adopt Resolution #2014-18, the Technical Spec ifications and Standard Details in connection with the East Hempfield Township Road Ordinance. The motion was seconded by Mr. Russell and carried (5-0). Leaf Collection Bid results Following discussion, it was moved by Mr. Russell, seconded by Mr. LeFevre and carried (5-0) to award a three year contract for leaf pick-up in the township in the amount of $165.00 per load for the first year, $168.30 per load for the second year and $171.65 per load for the third year to The Ground Guys, P.O. Box 207 Millersville, PA 17551. Police Promotions In accordance with Chief Skiles request, by motion of Mr. Bingham and seconded by Mr. Brubaker, the B oard authorized the promotion of Jennifer Brubaker to the rank of Lieutenant and the promotion of Detective Matthew Pohle to the rank of Sergeant, both effective August 7, 2014. The motion unanimously carried (5-0). Minutes: Motion made by Mr. Bingham and seconded by Mr. Russell to approve the Ju ly 16, 2014 minutes as revised. The motion carried (4-0-1) with Mr. LeFevre abstaining due to absence. Invoices: A m otion was made by Mr. Bingham, second ed by Mr. Brubaker and unanimously carried (5-0) to approve payment of invoices from July 26 August 8, 2014. Old Business: Manheim Township/East Hempfield Council of Government (COG) continued discussion Mr. Krimmel reported he received a call from Manheim Township s Manager and learned that the Board of Commissioners voted to continu e discussions regarding the creation of a COG with East Hempfield Township. He also spoke with Dan Zimmerman, Warwick Township, regarding their use of inter-municipal agreements and MOU s. He doesn t see an advantage in two municipalities creating a COG and would like to further discussions with Manheim Township to create inter-municipal agreements or MOU s regarding sharing personnel, purchasing and joint projects. Mr. Brubaker commented that he believed the only cost would be up-front and minimal. A motion was made by Mr. Brubaker, seconded by Mr. Bingham and carried (5-0) to authorize staff to contact Manheim Township to explore the opportunity of entering into a Council of Government s (COG), Memorandum of Understanding (MOU) or inter-g overnmental cooperation agreement and bring the information back to the Board. Robert Allen Sr., funeral - C hief Skiles, Mr. LeFevre, S e rge a nt Brubaker, Officer Watt and Ringo attended the funeral visitation for Robert Allen, Sr., f ounder of Lancaster Toyota-Mazda. Mr. Allen, through his company, has and according to the family will continue to generously provide financial support for the Township s K-9 program. Page 4 of 5
New Business: Mr. Bingham reported that he believes the Township should continue to support and be a member of the Lancaster County Clean Water Consortium, the group that works under the Conservation District. Manager s Report: 1. I nstall ation of the gas furnace at the Amos Herr House has begun and may take a few weeks to complete. Repairs have not started on the walls or ceilings that were damaged by the leaking A/C unit. The facility will be closed for the remainder of the year. 2. A lot of staff work has centered on the finalization of the Fairmont development. Mr. Stern has been busy meeting with the developer and the Kreider Family to finalize the deeds and easements. 3. Work is progressing well at Lime Springs. The utilities in and around Noll Road are close to completion and the bridge over the wetlands has been set. I nspections on site have increased to keep up with the pace and scope of work. The Board requested a tentative timeline by next meeting as th e road work is moving along more quickly than originally scheduled and it is imperative that the Board have the necessary time to consider the design of the extension of Mayer Avenue. 4. Senate Bill 1023, amending the PA Construction Code Act is on hold in Harrisburg. Its progress will continue to be monitored. 5. Stormwater r epairs are needed south of Westwood. Rob Visniski distributed photos of the issue and will be preparing a sketch that will attempt to improve the problem utilizing Township and homeowner improvements. Mr. Miller requested that Mr. Stern provide a list of the Township s stormwater projects for the purpose of prioritizing. 6. An executive session was held after the last Board of Supervisor s meeting from 10:30 p.m. to 11:35 p.m. regarding personnel evaluations. Adjournment: By unanimous consent of the Board, Mr. Miller adjourned the meeting at 9:30 p.m. Respectfully submitted, Robert S. Krimmel, Manager Page 5 of 5