EAST HEMPFIELD TOWNSHIP BOARD OF SUPERVISORS MINUTES. DATE AND TIME: Sept 6, :00 p.m.

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1 EAST HEMPFIELD TOWNSHIP BOARD OF SUPERVISORS MINUTES DATE AND TIME: Sept 6, :00 p.m. ATTENDANCE: Board Members: John D. Bingham G. Edward LeFevre H. Scott Russell W. Scott Wiglesworth Manager Assistant Manager: Director of Planning & Development: Director of Public Works: Chief of Police: Robert S. Krimmel Cindy A. Schweitzer Jon E. Beck Perry T. Madonna Stephen A. Skiles ABSENT: Douglas W. Brubaker The Board of Supervisors meeting was called to order at 7:00 p.m. by Chairman Russell, followed by a moment of silence and the Pledge of Allegiance. Public Comment A. Herr Park Debra Kiscadden, Park Place, requested information concerning the proposed A. Herr Park changes. She expressed concern about the area which she believed to be a 100-year flood plain and the improvements planned to the rear of her home. She provided a list of concerns which she relates to the installation of the walking path - loss of privacy due to people looking in her windows, noise made by dogs barking at the parade of people walking by, racing bicycles, skate boarding and lack of enforcement of the park hours. Mr. Wiglesworth remarked that several neighbors were present at the public meetings when the park master plan was discussed and provided the Board with input. Chairman Russell affirmed that many changes were made to the concept plan due to input received from residents. Mr. Russell thanked her for her time and asked that she provide contact information. Theresa Guilbault, Park Place, questioned the proposed access drive and the possibility of connecting it to Naomi. She feels there should have been better communication with the residents affected. She also proposed that a Senior Citizen s Center be built as the area has nothing for seniors. Chairman Russell informed her that the plan is a concept plan only. Regarding her request for better communication, Mr. Russell noted that the plan and meetings were advertised as legally required. She was asked to provide her contact information.

2 Carolyn May, Park Place, questioned leash laws and the growing problem of dogs running at large. Chairman Russell stated that signage already exists in the park. Additional discussion will need to occur regarding enforcement and possibly more signage. She was asked to provide her contact information. Denise Dougherty, Park Place, commented on dogs running at large, does not support benches along the trail and questioned if the surface of the walking path will ever be paved. She was asked to provide her contact information. Recognition of Retirement and Promotion within the Police Department Sergeant Bret Hollis retiring effective Sept. 14, 2017 with 25 years of service - Recognition of Service Resolution # Chairman Russell read the Resolution. Motion was made by Mr. Bingham and seconded by Mr. LeFevre to adopt Resolution # to highly commend and sincerely thank Bret A. Hollis for his commitment and service to East Hempfield Township and its residents. The motion passed (4-0). Officer Jeremy Henry promotion to Sergeant effective September 6, Police Chief Stephen Skiles introduced Officer Henry and reviewed background information and accomplishments. Mrs. Carrie Henry and Lieutenant Jennifer Brubaker assisted Chief Skiles with the ceremonial procedures after which the Board and visitors congratulated Sergeant Henry. Consent Agenda: a. Stony Battery Self Storage (15-17-FP) Escrow reduction b. Approval to pay invoices from all funds covering 8/19/17 9/8/17 & totaling $344, c. Approval of minutes: August 16, 2017 Mr. LeFevre questioned the time period covered for the $6,510 amount payable to Lawn Care Pros of Lancaster, Inc. Mr. Madonna will advise. There being no further comments or questions (Board or Public) the consent agenda was approved by motion of Mr. Bingham, second by Mr. Wiglesworth and passed by the Board (4-0). Action Items: East Petersburg Sportsman s Association request for grant letter of support. Mr. Krimmel and Mr. Beck submitted and explained the request for a letter of support for the East Petersburg Sportsman s Association s NRA Foundation grant application. Mr. Joe Weidner was present on behalf of the Association. Following review and discussion of the request and draft letter of support, motion was made by Mr. LeFevre and seconded by Mr. Bingham to approve sending a letter of support for the East Petersburg Sportsman s Association s NRA Foundation grant application as discussed. The motion passed (4-0). Page 2 of 7

3 a. Development Services: 351 Richardson Drive (10-14-FP) - Plan Termination Agreement Mr. Beck presented and reviewed the letter and attached Declaration of Plan Termination dated August 21, 2017 received from Shank s Extracts, Inc. on behalf of Shanks Properties LP as successor to 351 Richardson LP. Following discussion, motion was made by Mr. Bingham and seconded by Mr. Wiglesworth to approve the Plan Termination Agreement for the previously approved Final Land Development Plan #10-14-FP for 351 Richardson Drive, subject to the condition that paragraph 4 of the Agreement be revised slightly to say that the approval of the return of the security would be made contemporaneously with the complete signing of the agreement, but that the Letter of Credit itself will be returned upon the Township receiving a copy of the recorded agreement, with recording information as discussed by Mr. Beck. The motion passed (4-0). Herley Access Easement Agreement Mr. Beck submitted and explained the Agreement. Attorney James Welch, McNees Wallace & Nurick LLC was present. Marilyn Berger was present as realtor representing Herley Industries, the seller of the property. Following discussion, motion was made by Mr. Bingham and seconded by Mr. LeFevre to approve the Access Easement for Herley Industries, Inc. for access along the redesigned Running Pump Road, subject to resolution of all remaining staff comments. The motion passed (4-0) Nolt Road Subdivision (17-15-FP) modifications & final plan o Modification Mr. Beck presented the updated Request for Modification for review and discussion. William Swiernik, David Miller/Associates Inc. and Ben Kauffman, Applicant, were present. Following review and discussion, motion was made by Mr. LeFevre and seconded by Mr. Bingham to conditionally approve Modification # 1, subject to resolution of all remaining staff and engineer comments and conditioned that Final Plan include a Note specifying that... the obligation to complete the sidewalk at such locations has been deferred by the Township subject to the condition that the Board of Supervisors may, at any time in the Board s discretion, direct that such improvements be constructed and completed, in accordance with the then applicable standards required by the Township, at the sole expense of the then owner of the property. The owner of the property shall be required to complete such construction, as directed by Township officials, within six (6) months of the date of notice to do so... and conditioned that the applicant provides a fee-in-lieu of road widening (from the existing width of 14 from centerline to 15 from centerline as required for a collector street) equivalent to the cost to mill and overlay Nolt Road with 1.5 of wearing course pavement across the frontage of the three newly created lots, from the centerline of the roadway to the curb on the project side of the road. The motion passed (4-0). Page 3 of 7

4 o Final Plan Motion was made by Mr. LeFevre and seconded by Mr. Bingham to approve the 3485 Nolt Road Subdivision Plan, Final Plan #17-15 FP conditioned on resolution of all remaining staff and engineering comments, within 90 days of plan approval, unless extended by the Board for cause shown, or plan approval will be null and void. The motion passed (4-0). Village Grande (02-FP-08, 03-FP-41) o Modification to stormwater free-board requirement. Mr. Beck presented and reviewed the modification. Representatives were present from David Miller/Associates, DR Horton, Inc., Rettew Associates, and Village Grande. All were in agreement to approve the waiver of the 6 free-board requirement that was originally required in the Township Stormwater Management Ordinance when the Village Grande Plan was originally approved in 2002/2003. Following review and discussion, and there being no further comments or questions (Board or public) motion was made by Mr. Bingham and seconded by Mr. Wiglesworth to conditionally approve Modification to the SWM Ordinance design requirement for Free-Board, subject to resolution of all outstanding staff and engineer comments. The motion passed (4-0). b. Manager s Ordinance Amendment Consideration of Ordinance # Mr. Krimmel introduced and explained the amendment to the Ordinance. Following discussion, and there being no further comments (Board or Public), motion was made by Mr. Bingham and seconded by Mr. LeFevre to adopt Ordinance # which amends the East Hempfield Township Code of Ordinances by revising the qualifications section of the Ordinance establishing and regulating the Office of Township Manager. The motion passed (4-0). c. Petition for Relief under the Donated and Dedicated Property Act to be filed in Orphan s Court Consideration to authorize signature and submission Mr. Krimmel presented the memo dated August 31, 2017 received from Susan P. Peipher Esq., Blakinger/Thomas P.C. and attached Petition and Chairman Russell led discussion. Following discussion, motion was made by Mr. LeFevre and seconded by Mr. Bingham to authorize the Township Manager to sign the verification document as amended in tonight s discussion and authorize the Solicitor to file the necessary petition to the Orphan s Court. The motion passed (4-0). d. Destruction of Police Records Consideration of Resolution # Mr. Krimmel explained the Resolution, the types of records it covers and the method of destruction. Following discussion and there being no further comments or questions (Board Page 4 of 7

5 or Public), motion was made by Mr. Wiglesworth and seconded by Mr. Bingham to adopt Resolution # which declares East Hempfield Township s intent to follow the schedules and procedures for disposition of records as set forth in the Municipal Records Manual, approved on July 16, 1993, as amended. The motion passed (4-0). e. Building Code/Property Maintenance Board of Appeals Vacancy Memo Mr. Krimmel led discussion regarding Mrs. Schweitzer s memo dated August 31, 2017 regarding the Appeals Board/Property Maintenance Vacancy. Following discussion, motion was made by Mr. Bingham and seconded by Mr. LeFevre to accept the resignation received from G. Pat Devery as discussed. The motion passed (4-0). f. Officer Gregory Haski Voluntary Retirement Agreement and Release Mr. Krimmel provided copies of the Agreement and Release. Following discussion of the conditions, and there being no further comments or questions (Board or Public), motion was made by Mr. LeFevre and seconded by Mr. Bingham to authorize the Board Chairman to sign the Voluntary Retirement Agreement and Release for Officer Haski. The motion passed (4-0). Old Business None New Business - None Manager s Report 1. TIP Projects: Nothing new to report. 2. Police Negotiations: The negotiating committee met on August 23 rd and a revised third offer was proposed and discussed and the police committee will take this offer to the rest of the police offers for approval or further negotiations. Mr. Krimmel requested an executive session to brief the board members on the offer. 3. Meeting with H.A.R.C. REPS: We have not received a response from our last meeting, nothing to report other than Jeff Book said they are working on it. 4. Centerville Road North: Nothing to report Trash Bids: Joe Robinson sent out the trash bids on August 9 th. A pre-bid meeting was held on August 24 th and bid opening on September 7 th. Mr. Krimmel asked if the Board had any thoughts regarding the larger trash bins. Mrs. Schweitzer reported results from a web site poll showed approximately 80 people responded and on a scale of one to five, 45% thought it was a great idea and 23% were not interested. Page 5 of 7

6 6. Wheatland Park Pavilion Dedication: Mr. Krimmel attended the pavilion dedication on Sunday August 27 th and was happy to see about 100 residents in attendance for all activities of the day. George Marcinko was very pleased to receive this honor and the residents were very welcoming and appreciative toward him. 7. Truck Scales Purchase: Chief Skiles is requesting permission to purchase Lancaster City s truck scales for our police department and provided a memo and the specifications of the particular model. The police department has asked to purchase scales for several years and it seems at this time the $9,500 price to acquire is very reasonable. He asked the board to approve the purchase out of the Canine fund. We have $ 77, in the fund. Following discussion, motion was made by Mr. Bingham and seconded by Mr. LeFevre to authorize the Police Department to negotiate with Lancaster City to acquire the truck scales at a cost in some format not to exceed $9,500 to be paid out of the Canine Fund as discussed. The motion passed (4-0). 8. Meeting with Representative Miller: As directed by the board at the last meeting, the staff met with Representative Miller to request his help with PennDOT to repair or repave a portion of Church Street North of Nolt Rd. Mr. Miller took all the information and will meet with PennDOT representatives and get back to us. 9. Golf Course: We decided not to install the extra netting this year at the practice range. The contractor could not install it until September which would limit the revenue and the amount of rainy days has affected the golfing side of the revenue. We are planning to put it back in the budget for Stony Battery Road Closure: Mr. Krimmel reported Stony Battery Road will be closed day and night starting September 10 for approximately 30 days; however, residents will still be able to go in and out. They will be going out Corporate Boulevard to Marietta Avenue with a temporary traffic signal. 11. Request an Executive Session: Topic, Police negotiating issues. Good of the Order Chairman Russell recognized several Lancaster Catholic High School Government Class students who were in attendance and thanked them for attending. Chief Skiles announced that the PA-SPCA is honoring our contract for the remainder of the year and noted that we do have kennels which have passed inspection. Mr. LeFevre reported he was contacted by a resident who lives adjacent to the Shenk Mill Covered Bridge regarding damage incurred by a truck tractor damaging some of the bracing and stated this has been a recurring situation. Mr. Madonna advised that the County has already been contacted and they were out today. Mr. Krimmel was asked to reach out to the County Facilities Department to see if there is anything the Township can do such as weight limits/ height restrictions signage and enforcement. Page 6 of 7

7 Mr. LeFevre thanked Chief Skiles for his excellent inter-office letter of appreciation to the Public Works Department and the excellent teamwork that acknowledgement shows between the two departments... Public Works doing the work and Chief Skiles acknowledging it. Chairman Russell reported Mr. Brubaker has requested and he is in favor of scheduling an administration/finance meeting within the next week or two to discuss the special counsel for the golf course regarding better utilization of the land area along Stoney Battery Road. Adjournment By unanimous consent of the Board, Mr. Russell adjourned the meeting to Executive Session at 8:34 p.m. to discuss Police negotiating issues. Respectfully submitted, Robert S. Krimmel, Manager/Secretary Page 7 of 7