WEST HEMPFIELD TOWNSHIP SUPERVISORS’ MEETING

Minutes of January 3, 2011

The reorganization and regular meeting of the Board of Supervisors was held at the Township Municipal Office, 3401 Marietta Avenue, Lancaster, Pennsylvania on Monday, January 3, 2011. David Dumeyer called the reorganization 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 Dale Getz, Public Works Director; Mark Pugliese, Chief of Police; and Sandra Mullin, Recording Secretary.

Reorganization Meeting

I.    Nomination and Election of Officers

David Dumeyer turned over the meeting to Ron Youtz who entertained nominations for the office of Chairman of the Board.

Motion: Edward Fisher moved, seconded by Frank Burkhart, to nominate David Dumeyer as Chairman.  Ed Fisher moved, seconded by Kent Gardner, to close the nominations.  David Dumeyer was declared Chairman by a unanimous vote.

David Dumeyer then proceeded with the nomination of Vice-Chairman.

Motion:  David Dumeyer moved, seconded by Kent Gardner, to nominate Edward Fisher as Vice-

Chairman Kent Gardner moved, seconded by Tony Crocamo, to close the nominations.  Edward Fisher

was declared Vice-Chairman of the Board by a unanimous vote.

II.    Appointment of Secretary-Treasurer and Assistant Secretary-Treasurer

Motion: Edward Fisher moved, seconded by Kent Gardner, to appoint Ron Youtz as Secretary-Treasurer.  Carried 5-0.

Motion:  Edward Fisher moved, seconded by Tony Crocamo, to appoint Sandy Mullin as Assistant Secretary-Treasurer.  Carried 5-0.

III.   Appointment of Solicitor

Motion: Edward Fisher moved, seconded by Tony Crocamo, to appoint Josele Cleary of the law firm of Morgan, Hallgren, Crosswell and Kane as Solicitor.  Carried 5-0.

IV.   Appointment of Engineer

Motion:  Ed Fisher moved, seconded by Tony Crocamo, to appoint Mark Lauriello of Rettew Associates to serve as Township Engineer.  Carried 5-0.

V.   Appointment of Sewage Enforcement Officer and Alternate          

Motion:  Edward Fisher moved, seconded by Frank Burkhart, to appoint Marvin Stoner as Sewage

Enforcement Officer.  Carried 5-0.

Motion:   Frank Burkhart moved, seconded by Tony Crocamo, to appoint David Lockard as Alternate Sewage Enforcement Officer.  Carried 5-0.

VI.   Appointment of Auditor for 2010 Financial Statements

Motion:  Edward Fisher moved, seconded by Frank Burkhart, to appoint Hess & Hess as certified public accountants to audit the 2010 financial statements.  Carried 5-0.

VII.   Appointment to Zoning Hearing Board

Motion:  Edward Fisher moved, seconded by Kent Gardner, to reappoint Daryl Peck to a three-year term on the Zoning Hearing Board.  Carried 5-0.

VIII.    Appointments to Planning Commission

Motion:  Edward Fisher moved, seconded by Kent Gardner, to reappoint Ron Beam and Larry Groff to four-year terms on the Planning Commission.  Carried 5-0.

IX.    Appointment to Hempfield Area Recreation Commission

Motion:  Ed Fisher moved, seconded by Frank Burkhart, to reappoint Christopher Gibbons to a two-year term on Hempfield Area Recreation Commission.  Carried 5-0.

X.    Appointment of Solicitor to Zoning Hearing Board

Motion:  Edward Fisher moved, seconded by Kent Gardner, to appoint Matthew J. Creme of Nikolas & Hohenadel as Solicitor to the Zoning Hearing Board.  Carried 5-0.

XI.   Appointment of Voting Delegate to State Convention

Motion:  Frank Burkhart moved, seconded by Kent Gardner, to appoint Tony Crocamo as voting delegate to the State Convention.  Carried 5-0.

XII.   Designation of Depository for Township Funds

Motion:  Edward Fisher moved, seconded by Frank Burkhart, to designate Union National Community

Bank, Salunga Branch, as the depository for Township Funds.  Carried 5-0.

XIII.    Setting of Bond Amount

Motion:  Frank Burkhart moved, seconded by Tony Crocamo, to set the bond amount for 2011 at $1,500,000.00.  Carried 5-0.

XIV.   Establishment of Monthly Meeting Location and Dates

Motion:  Edward Fisher moved, seconded by Tony Crocamo, to establish the meeting schedule for 2011 for the first Tuesday of each month at 7:30 p.m. at the Township Municipal Building.  Carried 5-0.

XV.   Adjournment of Reorganization Meeting

Motion:  Kent Gardner moved, seconded by Frank Burkhart, for adjournment of the reorganization meeting to the regular meeting.  Carried 5-0.

Regular Monthly Meeting

I.     Call to Order

Chairman David Dumeyer called the regular monthly meeting to order at 7:45 p.m.

II.   Approval of Minutes of December 7, 2010

Motion:  Kent Gardner  moved, seconded by Frank Burkhart, to approve the minutes of December 7, 2010 as presented.  Carried 5-0.

III.  Communications

A.   Board of Supervisors

Kent Gardner reported that the Lancaster Inter-Municipal Committee had voted to join the Clean Water Consortium at their last meeting.

B.  Township Manager

Mr. Youtz  reminded the board that the elected auditors will be meeting on Tuesday, January 4, 2011 as required by law and that the meeting was properly advertised.

Mr. Youtz advised that registration for the PSATS conference is due by January 21, and requested that board members notify he or Sandy Mullin if they are interested in attending.

Mr. Youtz informed the board that Mr. Hinkle was absent from tonight’s meeting.

C.   Residents

Barry Carter, Chief of West Hempfield Fire & Rescue, distributed his December Report and advised that the Year-End Report will be available at next month’s meeting.  He noted that the membership has voted to sell the Saber Pierce fire engine which the Board of Supervisors had voted to help finance in 1993.  Chief Carter stated that representatives of the fire company have met with Ron Youtz over the past several

months to discuss future plans, challenges in recruiting, training requirements and finances.  Upon requesting that one board member participate in future meetings, Kent Gardner volunteered to serve in that role.

IV.  Subdivisions, Land Developments and Planning Modules

A.   Mitchell S. Weaver – 4418 Fairview Road - Final Land Development Plan

Craig Williams, Strausser Surveying, and Mitchell Weaver presented the proposed plan to subdivide two lots from an 8.9 acre tract in the Rural Residential District to construct two single family dwellings with new wells and on-lot septic systems.  He noted that the Zoning Hearing Board had previously granted a variance to create a one acre lot around the existing semi-detached unit on this lot.  Mr. Williams reviewed the requested waiver of street improvements, citing the low volume of traffic, and waiver of storm water intersection flow.

Edward Fisher questioned whether the storm water will be controlled through infiltration trenches.  Mr. Williams stated that the storm water will flow to a detention basin and the clean water will be captured in the infiltration trench per MPDES regulations.  Mr. Fisher asked whether many trees would be cut down.  Mr. Williams replied that, hopefully the minimum standard will be met because the buffer area of woods is considered a credit per the regulations.  Frank Burkhart stated his opinion that it would be better to allow the existing woods to absorb the run off rather than having a basin so close to the roadbed.  Kent Gardner asked who would be responsible for the maintenance of the basin.  Mr. Williams advised that a maintenance agreement will be written by the attorney.  Frank Burkhart questioned the timetable for construction and Mr. Weaver stated that he would like to break ground this winter.

Motion:  Edward Fisher moved, seconded by Frank Burkhart, to approve a waiver of Section 602.K.2 – Roadway Improvements, for Mitchell S. Weaver at 4418 Fairview Road based on the justification provided and with the condition that a fee is provided that is suitable to the Township in lieu of the improvements.  Carried 5-0.

Motion:  Edward Fisher moved, seconded by Kent Gardner, to approve a waiver of Section 122-23.D of the Storm Water Management Ordinance, Intersection Flow Depth for Mitchell S. Weaver at 4418 Fairview Road.  Carried 5-0.

Motion:  Edward Fisher moved, seconded by Frank Burkhart, to approve the three-lot subdivision for Mitchell S. Weaver at 4418 Fairview Road based on addressing the outstanding comments of the staff and those found in the Rettew letter.  Mr. Williams agreed to address the Rettew comments, with the exception of comment #4, and instead asked the board to allow the existing driveway to be adequate.  Edward Fisher amended the motion to include the request, seconded by Frank Burkhart.  Carried 5-0.

Motion:  Edward Fisher moved, seconded by Kent Gardner, to approve the Planning Module for Mitchell S. Weaver.  Carried 5-0.

B.  Warren W. Diffenderfer Family Trust – South Side of Marietta Avenue and Summit Drive – Final Subdivision Plan

Ron Youtz stated that he had received notice from Bill Sell of Light-Heigel asking that this item be moved to the February agenda of the Board.

V.   New Business

A.   Hempfield School District – Request Use of Fairview Park for Farmdale Elementary School Annual Festival

Daniel L. Forry, Director of Enterprise and Operations for Hempfield School District, requested the use of Fairview Park on May 6, 2011 from noon until 10:00 p.m. to host the Farmdale Elementary School annual festival, in the event that the planned construction at the school is under way.  He noted that he will get back to the Board with a schedule of events by mid-April and also to advise as to where they stand with the bidding process.  Mr. Youtz commented that this one day event would require the need for portable toilets and for any overflow traffic to park at the Highway Maintenance Facility.

Motion:  Kent Gardner moved, seconded by Edward Fisher, to authorize the Township Manager to work with Hempfield School District representatives to reserve Fairview Park for the annual festival to be held on May 6, 2011.  Carried 5-0.

B.  Veteran’s Memorial Bridge – Agreement for Bridge Lighting

Ron Youtz stated that the language that has been amended in the previously approved bridge lighting agreement does not affect the Township’s involvement or cost with the project and asked that the Board acknowledge receipt and approve the signing of the amended agreement.

Motion:  Edward Fisher moved, seconded by Tony Crocamo, to approve the signing of the lighting agreement for the Veteran’s Memorial Bridge as amended.  Carried 5-0.

C.  Authorization to Forward 2010 Delinquent Street Light and Fire Hydrant Accounts for Collection

Motion:  Tony Crocamo moved, seconded by Kent Gardner, to authorize the Township to forward the delinquent 2010 street light and fire hydrant accounts to Creditech for collection.  Carried 5-0.

D.  Authorization for Township Solicitor to Represent Township in the Appeal of Zoning Hearing Board Decision for Property at 656 Charelle Drive

Ron Youtz explained that Mr. Kreider’s request for a dimensional variance was denied by the Zoning Hearing Board on November 9, 2010 and that he has appealed this decision to the Court of Common Pleas of Lancaster County.  Mr. Youtz requested that the Board authorize Attorney Josele Cleary to represent the Township in this appeal.

Motion:  Kent Gardner moved, seconded by Edward Fisher, to authorize the Township Solicitor, Josele Cleary, to represent the Township in the appeal of the decision of the Zoning Hearing Board for property at 656 Charelle Drive.  Carried 5-0.

E.  Liberty Towers, LLC/Amos & Ruth Conley – 570 Prospect Road – Establish Date and Time for Conditional Use Hearing

Ron Youtz recommended that the Board conduct the hearing at their February meeting.

Motion:  Frank Burkhart moved, seconded by Tony Crocamo, to conduct the conditional use hearing for Liberty Towers at their regular meeting on February 1, 2011.  Carried 5-0.

F.  Ray M. Kreider – 652 Charelle Drive – Establish Date and Time for Local Agency Law Hearing

Mr. Youtz advised that Mr. Ray Kreider has contested Mr. Hinkle’s interpretation of the Ordinance and recommended establishing the hearing date for the Board meeting of February 1, 2011. 

Motion:  Tony Crocamo moved, seconded by Edward Fisher, to establish February 1, 2011 for the Local Agency Law Hearing for the matter of Ray M. Kreider.  Carried 5-0.

G.  Request to Apply for Grant with the Lancaster Bicycle Club

Chief Pugliese informed the Board that this was a similar request to last year’s and that he would like to apply for a grant to outfit two additional officers and two bikes.  He stated that the program has been very successful and that we had acknowledged the Lancaster Bicycle Club in the Township Newsletter.

Motion:  Edward Fisher moved, seconded by Kent Garner, to approve the request to apply for a grant with the Lancaster Bicycle Club.  Carried 5-0.

VI.  Ordinances & Resolutions

A.  Ordinance 1-11 Amending Chapter 111 of Township Code to Update LASA Industrial Regulations

Motion:  Edward Fisher moved, seconded by Kent Gardner, to approve Ordinance No. 1-11 amending Chapter 111 of the Township Code to update LASA Industrial Regulations.  Carried 5-0.

B.  Resolution 1-11 Establishing Fees for 2011

Motion:  Edward Fisher moved, seconded by Tony Crocamo, to approve Resolution No. 1-11 establishing fees for 2011.  Carried 5-0.

VII.    Approval of Payables

Motion:  Kent Gardner moved, seconded by Tony Crocamo, to approve all payables coming due in January and any residuals from December, 2010.  Carried 5-0.

Payroll/Taxes...................... $230,117.44        Electronic Payment

General Fund......................   511,033.32        Checks 20550-20683

Street Light.........................       4,121.10        Check 325 

State Fund...........................      6,021.68        Checks  2610-2615

Sewer Fund.........................    21,933.18        Checks  3512-3516

Refuse Fund.......................    103,911.97        Checks  1924-1927

VIII.    Adjournment to Executive Session to Discuss Personnel Issue and Zoning Settlement Agreement

Motion:  There being no further business to come before the Board, Frank Burkhart moved, seconded by

Kent Gardner, to adjourn to Executive Session at 8:55 p.m.. Carried 5-0.    

Respectfully submitted,

Ron L. Youtz

Secretary