WEST HEMPFIELD TOWNSHIP SUPERVISORS’ MEETING

                                                     Minutes of December 7, 2010

The regularly scheduled meeting of the Board of Supervisors was held at the Township Municipal Office, 3401 Marietta Avenue, Lancaster, Pennsylvania on Tuesday, December 7, 2010.  Chairman David Dumeyer called the meeting to order at 7:30 P.M. with the Pledge of Allegiance.  Board members Frank Burkhart, Edward Fisher, Anthony Crocamo and Kent Gardner were present. Also in attendance were: Ron Youtz, Township Manager; Edward Hinkle, Zoning Officer; Mark Pugliese, Chief of Police; Dale Getz, Public Works Director; and Sandra Mullin, Recording Secretary.

I.   Call to Order

II.    Approval of Minutes

Motion:  Frank Burkhart moved to approve the minutes of November 1, and November 4, 2010 as printed; seconded by Kent Gardner.  Carried 5-0.

III. Communications

A.  Board of Supervisors

Kent Gardner advised that he had been elected to serve as Chairman of the LIMC for next year and that they will be moving to a new county office by February, 2011 at a savings of $400 per month.  He also noted that the LIMC will be voting to join the Clean Water Consortium at no cost to the Township.  Mr. Gardner then thanked Tony Crocamo for assuming his membership on the Land Use Advisory Board.

Ron Youtz thanked Mr. Gardner for the time commitment he has made to the LIMC and for his focus on streamlining the operation.

Frank Burkhart complimented the road crew on their leaf collection efforts.  He also reported that his neighbor was very thankful for the fire company’s response when he experienced a furnace malfunction the past week-end.

B.  Township Manager

Ron Youtz requested permission to add an item under Subdivisions on the agenda:  Release of Letter of

Credit for Hempfield Gardens.

Mr. Youtz reminded board members that their required reorganization meeting will be held on Monday,

January 3, 2011 at 7:30 p.m. and that the elected auditors will be meeting on Tuesday, January 4, 2011 at

7:00 p.m.

C.  Residents

Ken Lang, 3662 Keen Avenue, stated that he would be appealing the decision of the Zoning Hearing

Board regarding the business at his residence.  He then distributed photos of the property and a petition of

support from the majority of his neighbors that was not permissible during the zoning hearing. Mr. Lang

thanked Ron Youtz for providing a copy of the 1979 Zoning Ordinance.

Barry Carter, Chief of West Hempfield Fire and Rescue distributed his monthly report and thanked the Board for the Township’s capital contribution and foreign fire tax distribution that they had recently received.         

IV.     Conditional Use Hearing

A.  D. Daniel Rutledge – 1610 Stony Battery Road – Request for Second Driveway

David Dumeyer stated that the conditional use application before the Board was the request by D. Daniel Rutledge for a second driveway per Section 707.2 of the West Hempfield Township Zoning Ordinance.  Mr. Dumeyer described the procedures and conduct of the hearing, explaining that a court reporter was present and how persons would go about becoming a party to the proceeding.

Chairman Dumeyer asked whether anyone wished to be recognized as a party to the hearing other than the Township staff, and there being none, asked for the Zoning Officer to present testimony.

Edward Hinkle, Zoning Officer, was sworn and affirmed, and presented the following Township Exhibits:  Exhibit 1 – Notice that the public hearing was posted at the West Hempfield Township Municipal Building, 3401 Marietta Avenue, Lancaster, PA continuously since October 25, 2010;  Exhibit 2 – Notice of the posting of the affected property along Stony Battery Road since November 24, 2010;  Exhibit 3 – Proof of Publication that the hearing was advertised in the Intelligencer Journal – New Era on

Monday, November 22, and Monday, November 29, 2010;  Exhibit 4 – Minutes of the West Hempfield Township Planning Commission meeting on November 18, 2010;  and Exhibit 5 – Three photographs taken of the two existing driveways located at the intersection of Stony Battery Road and Sandstone Drive.

Jill E. Nagy, Esquire, 200 Spring Ridge Drive, Suite 202, Wyomissing, PA, 19610 and Counsel to the applicant, provided the following exhibits: Applicant’s Exhibit No. 1 – Zoning Hearing Board Application; Applicant’s Exhibit No. 2 – Determination of the Zoning Hearing Board that the applicant meets the requirement of 150 feet of road frontage to have a double driveway;  Applicant’s Exhibit No. 3 – Aerial Photograph of D. Daniel Rutledge property; Applicant’s Exhibit No. 4 – Memorandum from Jill E. Nagy, Esq. with background information and her recommendation; and Applicant’s Exhibit 5 - Two photographs of 1610 Stony Battery Road depicting the slope of the property.

Marie Myers, applicant’s fiancée who also lives at 1610 Stony Battery Road, was sworn and affirmed, and testified that she and Mr. Rutledge obtained the necessary permits for their addition and deck, but had not been informed by the driveway contractor of the need for a permit for new driveway construction.  Ms. Myers provided the following testimony to offer justification for the two driveways:  the danger in backing out of the Stony Battery driveway; there being less steps up to the house from the new driveway which is of significance because Mr. Rutledge has a diagnosed degenerative disc disease;  the need to maintain the Stony Battery driveway in order to provide access to the existing garage that is used for storage; and that construction of a turnaround vs. two driveways would not be possible due to the slope of the property.

Daniel Rutledge testified that there have been numerous accidents at the intersection of Stony Battery Road and Sandstone Drive, reinforcing that it is a dangerous location.  He also stated that there are three other properties within three miles of his house with two driveways.  Mr. Hinkle noted that those properties installed two driveways prior to the current zoning regulations. Mr. Rutledge testified that he has a handicap placard.

Edward Fisher expressed his opinion that there is an excessive amount of paved driveway for one residential lot and that the grade of the property does not constitute severe topography.  Upon questioning, Mr. Rutledge estimated the grade of his property to be 5%.

Attorney Nagy cited language in the Ordinance stating that “each case should be considered individually as to the impact to the property owner and should be interpreted in a manner that benefits the applicant”.  She stated that, although the applicant does not have to show hardship with a conditional use, the topography in this case is an ADA issue.

Edward Hinkle testified that this case represents an unusual situation in having a corner property with two front yards and that, based on his interpretation of the Zoning Ordinance, the applicant does not meet the criteria for having two driveways.  He also advised that storm water concerns would need to be addressed due to the significant impervious area.

Frank Burkhart requested that the applicant provide the name of the contractor who installed the second driveway without the required permit and the applicant agreed to this request.

Edward Fisher asked whether the applicant would consider reducing the size of the driveway, and after consultation with her client, Attorney Nagy reported that he would be willing to narrow the paved driveway that accesses the garage. 

Attorney Nagy concluded by stating her belief that the Applicant has met the criteria of the Zoning Ordinance and advised that if the Board were to grant this conditional use, the applicant would obtain the necessary driveway permit and address storm water controls at that time.

As there was no further testimony, David Dumeyer requested a motion to close the hearing.

Motion:  Frank Burkhart moved, seconded by Edward Fisher, to close the conditional use hearing.  Carried 5-0.

Chairman Dumeyer advised that the board cannot consider further information and may either render a decision at this meeting or at any public meeting within forty-five days after the close of the record.

Motion:  Tony Crocamo moved, seconded by Kent Gardner, to grant the conditional use application of D. Daniel Rutledge.  Mr. Crocamo noted that this type of case is difficult because it constitutes a violation of procedures, however, he felt that it would not set a precedent because of the unique characteristics of the lot, the credible testimony of the witnesses and the ADA issue. Ed Fisher agreed with Mr. Crocamo, but requested that it be noted that the property does not have a severe slope, but rather that there are other considerations in this case.  Frank Burkhart reiterated his request to have the applicant provide the name of the paving contractor.  Tony Crocamo then amended the motion to include that the applicant must obtain a driveway permit and address storm water management controls at that time.  Motion carred 4-1, with Frank Burkhart opposed.

V.   Subdivisions, Land Developments and Planning Modules

A.   Mitchell S. Weaver – 4418 Fairview Road – Plan Briefing

Ed Hinkle explained the applicant’s request to subdivide an 8.902 acre lot in the Rural Residential Zone into three lots.  He also noted that the Zoning Hearing Board had granted a variance to create a one acre lot around the existing half of a duplex that was built prior to the Zoning Ordinance. 

B.   Hempfield Gardens – Request for Letter of Credit Release

Ed Hinkle stated that the Township Engineer reviewed the storm water planning and recommends releasing the Letter of Credit in the amount of $5,000.

Motion:  Edward Fisher moved, seconded by Kent Gardner, to approve release of the Letter of Credit for Hempfield Gardens in the amount of $5,000.  Carried 5-0.

VI.  New Business

A.   Humane League of Lancaster County – 2011 Contract

  Ron Youtz stated that the proposed contract was provided to the Board and is also reflected in the 2011 Budget.  David Dumeyer asked whether the calculation is based on per capital figures.  Chief Pugliese advised that it is based on the projected animal population.  Mr. Youtz noted that there was controversy last year relative to proving what area an animal was from but that the Humane League has been able to verify that information. 

Motion:  Tony Crocamo moved, seconded by Edward Fisher, to approve and authorize the Chairman to sign the contract with the Humane League for 2011.  Carried 5-0.

B.   Zoning Violation – 273 Prospect Road – Requesting Authorization for Enforcement

Edward Hinkle reported that he had issued a Cease and Desist at 271-273 Prospect Road, Mount Joy, PA on October 14, 2010 for violations of unlicensed/uninspected vehicles, outdoor stockpiling and too many recreation vehicles, with a deadline to correct this situation by November 1, 2010.  Mr. Hinkle advised that all of the violations have not been corrected to date and the resident has not made any contact with the Township.

Motion:  Edward Fisher moved, seconded by Tony Crocamo, to authorize enforcement for the zoning violations at 271-273 Prospect Road.  Carried 5-0.

C.   Authorization to Advertise Ordinance to Amend Chapter 111 to Update LASA Industrial Regulations

Ron Youtz stated that, per LASA’s request, a draft ordinance has been prepared to amend Chapter 111 relative to industrial regulations and that he would ask the Board to authorize the advertisement of this ordinance.

Motion:  Kent Gardner moved, seconded by Tony Crocamo, to authorize advertisemen of the ordinance to amend Chapter 111.  Carried 5-0.

VII.   Ordinances & Resolutions

A.  Resolution 10-10 Amending 2011 Fees for Township Sewer System

Motion:  Edward Fisher moved, seconded by Kent Gardner, to approve Resolution No. 10-10 amending 2011 fees for the Township sewer system.  Carried 5-0.

B.  Resolution 11-10 Adoption of 2011 Budget

Motion:  Frank Burkhart moved, seconded by Kent Gardner, to approve Resolution No. 11-10 for the adoption of the 2011 budget.  Carried 5-0.

C.  Resolution 12-10 Adoption of the 2011 Tax Rate

Motion:  Kent Gardner moved, seconded by Frank Burkhart, to approve Resolution No. 12-10 for adoption of the 2011 tax rate at .68 mills. Tony Crocamo stated that he realizes the necessity of increasing the tax rate due to deficits and reduced revenues, but would rather have the Township draw from the reserves one more year and evaluate the economic situation in 2011.  He noted that the Township has provided excellent services to our residents while maintaining the lowest tax millage for a twenty man police department for twenty-five years, but that he believes it would be an acceptable risk to continue

using reserves in 2011 to balance the budget.  Ed Fisher stated that the Township has postponed this tax increase for a number of years and that reserves are necessary in the event of an emergency. Kent Gardner commented that there are many unknowns at the state level that may affect our future funding.  Frank Burkhart added that, although raising taxes was a very difficult decision, maintaining reserves is also a fiscally responsible decision.  Dave Dumeyer advised that residents have received a terrific bargain for years.  Motion carried 4-1, with Tony Crocamo opposed.

VIII.   Approval of Payables

Payroll/Taxes…………………….. $153,886.05         Electronic Payment

General Fund……………………..   124,940.14         Checks 20451-20549

Street Light……………………….       4,121.10         Check 324

State Fund………………………..       4,055.14         Checks 2604-2609

Sewer Fund………………………     21,950.12         Checks 3507-3511

Refuse Fund………………………     64,183.02         Checks 1920-1923

IX.    Adjournment

Motion:  There being no further business to come before the Board, Frank Burkhart moved, seconded by Tony Crocamo, to adjourn the meeting at 9:20 p.m. Carried 5-0.

Respectfully submitted,

Ron L. Youtz

Secretary