BOARD OF COMMISSIONERS



BOARD OF COMMISSIONERSTuesday, May 13, 20146:00 P.m. Steele called the meeting to order at 6:00 pm with the following in attendance: Comm. GranholmScott DePoeElizabeth HeathcoteComm. JonesDebra HatleyGary MilbrandComm. KesslerAttorney Steve HovisJeff ShollyComm. Knepper Gary MilbrandFred KrauseKathy DellingerChief GrossMinutesOn motion of Comm. Granholm, seconded by Comm. Jones, the minutes of April 8th and May 7th , 2014 were approved as presented. Vote 5 yes.Payment of BillsOn motion of Comm. Knepper, seconded by Comm. Granholm, the following bills for April 2014 were approved for payment:General Fund$956,687.73Sewer Revenue Fund97,194.08 Intermunicipal Sewer Fund13,344.18Stormwater Mgt. 3,653.50Recreation Capital20,921.39General Capital Reserve 18,399.65Sewer Capital Reserve 1,414.26Street Light168.45Escrow91,397.49 TOTAL$1,203,180.73Professional ServicesNon-Reimbursable$15,482.00Vote 5 muterServices ofYorkJessica Bosley and Holly Anderson presented a Certificate of Recognition to York Township for our partnership with Commuter Services of Pennsylvania, which signifies our commitment, effort and dedication as an organization to promoting commuter programs to reduce traffic congestion and improve the air quality in our region.John McFallsECoreAbout 5 years ago ECore purchased the Acco building. They recycle used Nike shoes to make floor products, and tires to make rubber floors for health and fitness centers and turf products. 80% of a tire is recycled. No chemicals are used in their facility. They currently employ 70 employees and hope to hire 40 more people in the next year for their manufacturing line. They plan to invest $37 million in the York facility. YARPAnnualReportChief Gross presented 2013 annual report. Copy included in the minute book.The Task Force is very active in the township. There have been a number of arrests for drugs. At the last drug drop off at Giant Foods we collected 320 lbs. of expired drugs. We have a drop off box at the YARP facility and usually get 200 lbs. each month. There is a huge heroin epidemic across the country. We had 3 heroin overdoses in our area in March; they were in the mid 20’s and early 30’s. There is a wide diversity of victims of heroin death, a large number live at home with their parents. Comm. Knepper: Someone with a history of drug abuse, did it begin with marijuana?Chief Gross: Most began with marijuana and/or alcohol. Marijuana is showing up in all the toxicology reports in overdoses. It is an addictive drug. The gateway to other MISSIONER AGENDAComm.KnepperI attended the opening of the Women’s facility on Queen Street. We have sterling health facilities in York Township. They are drawing people from a distance.Belle Road is rough. Scott DePoe advised that it will not be repaved until the sewer project is done.I was tired of seeing all the trash along Oak Road, so I started at Walnut Street and it took me 6 hours to get home. I had 3 - 42 gallon trash bags full, plus 5 ticks. I attended the April and May meetings of YARP.The brush pile keeps growing. It is incredible how much brush has been brought in.I’ve received good comments on the Fruitlyn Drive stream repair and the box culvert. I’d also like to commend the guys that maintain the complex here, they do a wonderful job, and it looks so m.KesslerI attended the YARP m. Jones and I attended the Yoe Fire Dept. appreciation banquet, it was a great evening.I drove around our parks and they were all full, and they look great. They are being kept in good shape.With the 3 way stop at Chambers and Camp Betty Washington Road, I spoke with the Chief and he has some safety concerns.I spoke with Mike Keiser about the signal at Rt. 24 and Skylight, weather permitting, will be up and running Thursday morning. I’d like to thank Mike Keiser for all of his m.JonesI attended the hearing on the Comprehensive Plan.I attended the Yoe Appreciation Dinner and there are some very dedicated people responding to calls.Windsor, Yorkanna and Felton will be joining the York Area Fire Association, which will help with expanded training and more opportunities for grant monies.I was pleased to hear that Nate Tracey will be the new chief at Station 19.On motion of Comm. Jones, seconded by Comm. Granholm, the first quarter volunteer fire recruitment and retention funds were approved to be distributed. Vote 5 yes. Comm.GranholmI attended the April and May meetings of YARP. We will be meeting with Red Lion and Dallastown councils to go over the concerns they have regarding the renewal of their contracts. We will begin negotiations with the bargaining unit for the police. A representative from Benecon was at the May meeting and reviewed the health plans for the officers and advised where savings can be made. It was a lot of good information.I am on the Local Advisory Council for York County School of Technology. There are currently 1600 students at the school, they could accommodate 1700, but they lack academic teachers. For 2014, 419 freshmen have been accepted and they have 365 students on a waiting list. There are also 1200 enrolled in the adult education classes.The school was also interested in a light on Pauline Drive for help in getting the school buses out at dismissal m.SteeleI attended both the April and May YARP meetings.I helped with the shredding event on Saturday and we collected items for a food bank.My compliments to Comm. Granholm on the health care presentation by Benecon at the police meeting. I found it very interesting and hope that the police found it interesting as well..TOWNSHIP MANAGER – Elizabeth HeathcoteRes. 2014-6Public WorksWeekOn motion of Comm. Kessler, seconded by Comm. Jones, Resolution 2014-6, recognizing the week of May 18th through the 24th as the 54th Annual National Public Works Week in Pennsylvania, was approved. Vote 5 yes.Res. 2014-7Act 537GarretyOn motion of Comm. Steele, seconded by Comm. Granholm, Resolution 2014-7, amending Act 537 for an on-lot septic system along Croll School Road for a new home construction for Grace Garrety, was approved. Vote 5 yes.CourseRoadTaxes: Harry Latshaw received the county/municipal tax bill in error. It should have come to York Township. The County has exonerated their portion of the bill. On motion of Comm. Knepper, seconded by Comm. Granholm, the board exonerated the township’s portion of the real estate and the fire tax for 2014. Vote 5 yes.Stone HillDriveThe township received a letter from Stone Hill residents asking the township to adopt Stone Hill Drive. This will require a walk-through with public works to see what improvements may need to be made prior to our adoption of the street. On Monday, May 12th, we received another letter asking for Meadow Court and Ridge Court to also be adopted. The staff only supports the adoption of Stone Hill Drive, since there is still development on Meadow and Ridge Court.On motion of Comm. Jones, seconded by Comm. Knepper, the board approved the future adoption of Stone Hill Drive, after the improvements are completed and we receive a center line description and drawing of the street. Vote 4 yes. Comm. Kessler recused himself from this discussion and vote. Conflict of interest statement included in minute book.Res. 2014-8Radar forMunicipalPoliceOn motion of Comm. Granholm, seconded by Comm. Knepper, the board approved Resolution 2014-8, supporting the use of radar for municipal police. Vote 5 yes.General FundBalance 2013On motion of Comm. Granholm, seconded by Comm. Kessler, the General Fund Balance Analysis for 2013 was approved by the board. Vote 5 yes. (copy included in minute book)Rec BoardAppointmentOn motion of Comm. Granholm, seconded by Comm. Jones, Jim O’Neill was reappointed to the Rec Board for a 5 year term to expire May 2019. Vote 5 yes.RoadClosureOn motion of Comm. Jones, seconded by Comm. Kessler, the board approved the closing of Blymire Road from Frederick Drive to New School Lane on June 5th beginning at 6:30 pm for graduation. Vote 5 yes.Skylight DriveSignalReceived an email today and the current schedule is to start prep work on Tuesday night continuing into Wednesday night. The signals are scheduled to be delivered and installed Thursday morning, weather permitting.ShreddingEventWe shredded 5600 lbs. of paper that will produce 2.8 tons of recycled paper, the equivalent of saving 47.6 trees. We collected 457 food items and donated them to Otterbein UM Church Food Pantry.RECREATION – Debra HatleyMonthly report included in minute book.The Kick-It tournament is scheduled for August, and we have 40 rooms allotted to the group at the new Hampton Inn.The garden plots are open.We had over 30 vendors at the Kids Yard Sale.The Lion’s Club is no longer able to continue operating the yard sale. We are going to take over the program and hold it at the York County School of Technology. Thursday we are holding a discussion on establishing a Business Alliance to work together to promote the retail establishments in our area and to communicate the needs of the business community to the township. The meeting begins at 5:30 pm.PUBLIC WORKS – Scott DePoeMonthly report included in minute book.StreetSweepingWe have 2 sweepers and 379 streets to clean. It is taking longer because we had such an extreme winter. We have completed 167 streets. We have had mechanical break downs. Once the truck is full they must return to the township to unload, fill with water and fuel up.EquipmentPurchasesOn motion of Comm. Knepper, seconded by Comm. Jones, the board approved the purchase of a 2015 Ford F250 Regular Cab pickup from New Holland Ford at a cost of $23,590.65. This vehicle will be utilized by the property maintenance crew. The existing GMC will be sold thru a sealed bid later this year. Vote 5 yes.On motion of Comm. Kessler, seconded by Comm. Jones, the board approved the purchase of a 2015 Ford F250 Crew Cab from New Holland Ford at a cost of $27,478.60, and the up fitting of an Omaha Standard Palfinger Service Body from EM Kutz at a cost of $12,460.00. This vehicle will be utilized by the sewer maintenance crew. The current F350 will be sold on Municibid later this year. Vote 5 yes.ENGINEERING – Jeff ShollyJCCP14-2-1Plan presented by Josh George, Site Design Concepts. On motion of Comm. Granholm, seconded by Comm. Jones, the final reverse subdivision plan for the York Jewish Community Center was approved with the following conditions or modifications:1. All comments on the letter from Jeff Sholly, Township Engineer, dated May 9, 2014 shall be met.2. The York Township Engineering Department shall receive an electronic file prior to recording,3. A check in an amount to be determined by the Assessment Office and Recorder of Deeds Office shall be received by the York Township Engineering Department prior to recording.4. All invoices shall be paid prior to recording.5. Waivers granted for the following:a. Section 307.B preliminary planb. Section 506.I, 310.D.5.h. & 609 street treesc. Section 511.B.1 & 310.D.6 street lightingd. Section 312.B. & 310.E.3.c. deferred to land development plane. Section 318.A., 308.B.6, & 310.E.3.m landscape planVote 5 yes.JCCLD14-2-1Plan presented by Josh George, Site Design Concepts. Gary Milbrand discussed an outstanding issue and recommended that the plan not be approved until the items from Keith Lutz’s letter are resolved.Keith’s memo referenced the following: A fire apparatus access road is required so that fire apparatus can get to within 150’ of all portions of the building. The fire apparatus access road that is purposed will be on an adjacent property that is owned by Robert Waltersdorff and not the York JCC. It has been brought to our attention that the Waltersdorff’s will not sign a permanent easement for the required fire apparatus access road on their property. Without a permanent easement the access road can be gated or closed off at any time and at that point the access road can no longer be used by the fire department. Josh George: Mr. Waltersdorff is agreeable to widening the road to 20’, but is not agreeable to signing a permanent easement agreement. The Fire Code says that a road is required, not an easement. Since 1989 Mr. Waltersdorff has allowed the JCC to access his property and I believe that meets the Fire Code.Attorney Hovis: Are you saying that no easement is required on someone else’s property? Because a temporary road can be terminated at any time. Are you asking the board to rely on your argument that a gentlemen’s word is sufficient for the access? If you are, I will ask the board to table the plan and I will counsel my clients and you won’t like the decision.Josh George: We want to work with you. I did not receive any comments since last week. We have two options, to table the plan or the board can approve it with conditions.Attorney Hovis: The 20’ easement runs with the land.Josh George: An easement is not required.Attorney Hovis: I appreciate your arguments, but you won’t like my information to the board.At this point Josh George requested that the plan be tabled and he would work with the staff.On motion of Comm. Granholm, seconded by Comm. Jones, LD2014-2-1 was tabled to the June 10th meeting. Vote 5 yes.Tri-CornerP13-12-3Plan presented by Josh George, Site Design Concepts. Jarred Neal, TPD, provided comments from their review of the traffic that would be generated on Old Dutch Lane from the driveways. They looked at safety, site distance and crash history. The ADT for Old Dutch Lane is 1500-2000 cars per day, it is a residential collector road. There have been 2 crash incidents in the last 5 years. Mr. Neal’s opinion is the 7 driveways will not impact Old Dutch Lane. On motion of Comm. Granholm, seconded by Comm. Knepper the board denied Waiver 512.G.1 direct access from residential lots to an arterial or collector street. Vote 5 yes.On motion of Comm. Knepper, seconded by Comm. Granholm, the board denied waiver 516.F.7 fills shall not obstruct nor encroach into riparian buffers, floodplains, or waters of this Commonwealth without the required PA-DEP Title 25 Chapter 105 permit and the required federal permits. Vote 5 yes.At this point Josh George asked the board to table the plan.On motion of Comm. Kessler, seconded by Comm. Jones the plan was tabled. Vote 5 yes.LaucksP14-3-2On motion of Comm. Kessler, seconded by Comm. Jones, P2014-3-2 subdivision plan for S. Philip and Dorothy O. Laucks Estate was approved with the following conditions or modifications:1. All comments on the letter from Jeff Sholly, York Township Engineer, dated May 9, 2014 shall be met.2. The York Township Engineering Department shall receive an electronic file prior to recording.3. A check in an amount to be determined by the Assessment Office and Recorder of Deeds Office shall be received by the York Township Engineering Department prior to recording.4. All invoices shall be paid prior to recording.5. Waivers granted for the following:a. Section 304.E.4.f. & 317 wet land evaluation & reportb. Section 304.E.4.f. & 522 steep slopesc. Section 304.E.7. & 513 property cornersd. Section 506.I & 609 street treesVote 5 yes.WaiverMason DixonRestaurantWaiver request presented by Josh George, Site Design Concepts. On motion of Comm. Granholm, seconded by Comm. Knepper the following waivers were approved:1. Section 507 sidewalks, with 6 months statement on plan2. Section 508 curbs, with 6 months statement on planVote 5 yes.PlanExtensionsOn motion of Comm. Kessler, seconded by Comm. Granholm the following plans were granted a 90 day extension:LD13-11-1 Springwood Dental AssociatesP13-1-1 Presbyterian Senior Living Vote 5 yes.SOLICITOR - Steve HovisNess vYork TownshipAndYork CountySolicitor Hovis advised that he received word that the Commonwealth Court issued notice that the case Dennis Ness v. York Township and York County has been dismissed since Mr. Ness failed to file his brief.PUBLIC COMMENTMark Kaplin,Esq.I am representing Keystone. We have been involved with this property since 2004-2005 and went through the conditional use program.RobLewis, Esq. We received an approval on the conditional use and then the economy tanked. Then the zoning changed to high density. We have been working through the planning process. We need to make a decision on the use of the open space. We have 160 acres and 60 acres would be open space. We would keep 25 acres as open space outside of the golf course. We would like you to consider golf in the open space, which would be separately owned and supported separately from the home owner’s association.Your ordinance permits golf in all zones. We would like to develop golf on those 40 acres. This would take the expense of 40-60 acres out of the home owner’s budget and it could be used for more than fallow ground. A practical implication of not having golf is the 20,000 sq. ft. club house. If there is no golf course we may end up tearing it down and seeing if there is any other way to use the area. If you give it to the HOA it becomes an economic impediment.Having the golf course in the open space would require you to consider a modification to your ordinance. You may suggest that we go to the ZHB, but that is not a productive use of our time. It would be impossible to meet the criteria for a variance. Attorney Lewis showed the phasing of the development with golf as part of the project:Phase 1 would include the Glen Gery property, 16 holes would be reconfigured and 2 holes would be on Glen Gery and it would continue to operate as an 18 hole facility.Phase 1B would be the legacy sediment and we would need to close down the golf course to do the stormwater excavation.Phase 2 we would not be able to operate golf, there would be 12 holes, but only 9 holes would be playable.Phase 3 it would be a 9 hole golf course, 4 holes at Springwood, 4 holes on Glen Gery and 1 hole would straddle the line.Phase 4 no impact to golf.Phase 5 final build out, 9 hole golf course, 25 acres of open space.Attorney Kaplin: We would have 9 holes of golf, use the club house and 25 acres of open space that would be open to the whole community.Attorney Lewis: The greenway trail would be safe. There is a lot of topography on the site. Total build out is 545 units.We would like you to entertain a change to the zoning ordinance to allow golf in the open space and separate from the home owner’s association. Since you allow golf in all districts, we would like to protect it as a golf m. Steele: Have you provided a document to the township for the amendment?Attorney Kaplin: We have something that we can submit. We’ve had discussions over the years. We would like to present a plan that will allow us to continue golf and have it in the open space. If you have further questions since you have 3 new board members, we would be glad to address them.The board agreed that they should forward their information to the township for the amendment change.ExecutiveSessionThe board was in executive session to discuss a personnel issue. AdjournAt 10:14 pm the meeting was adjourned.Secretary ................
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