Pequea Township

                                                            Minutes of the Pequea Township Board of

                                                            Supervisors meeting held February 21, 2007 at

                                                            7:30 p.m. at the Pequea Township Building, 1028

                                                            Millwood Road, Willow Street, Pa. 17584

 

Present at the meeting were:                  BOARD OF SUPERVISORS

                                                            Robert Race, Jr., Chairman

                                                            Bruce G. Groff, Vice-Chairman

                                                            Virginia K. Brady, Supervisor

Secretary-Treasurer, Patsy Davis

Zoning/Code Officer, Wes Bruckno

Officer Craig Muir

Bob Murphy, Murphy Engineering & Consultants, Inc.

Helen & John Miller

Tina Virgil

Russ DeWitt

Bob Scott

Marsha & Kevin Bitts

J. Martin Harnish

Steve Evans

Harry Lehman

Elam Stoltzfus

Darin Martin

Jay Reynolds

June Reynolds

Mike Saxinger, Saxinger & Black

Barry Acker

Tim Weaver

Pat Weaver

 

ANNOUNCEMENTS:

• Virginia Brady announced that Jackie Johns, Wes Bruckno, and she attended a Green Infrastructure seminar Tuesday evening.

 

MINUTES OF THE PREVIOUS MEETING: Tina Virgil requested a correction to the minutes of January 17, 2007.  Her husband, Gary Virgil presented pictures to the Board regarding the burn at the Silver Mine Park and she presented the pictures of the bare spots.  Bruce Groff moved to approve the minutes of the January 17, 2007 meeting with the addition of the corrections given by Tina Virgil. Virginia Brady seconded the motion.  All voted in favor, none opposed.

 

SECRETARY TREASURER REPORT:  A copy of the bill list and a financial report is on the front table.  Robert Race moved to approve checks #4810 through # 4888 of the General Fund, checks #1666 through #1673 of the Recreation Fund, and check #590 of the Street Light Fund.  Bruce Groff seconded the motion.  All voted in favor, none opposed.

 

PUBLIC HEARING TO CONSIDER AN ORDINANCE TO AMEND THE NEIGHBORHOOD DEVELOPMENT REGULATIONS

The hearing was advertised in the Lancaster Newspapers.  Proof of publication is submitted for the record.

The Lancaster County Planning Commission reviewed the proposed ordinance and their comments dated January 23, 2007 are submitted for the record.

The Pequea Township Planning Commission reviewed the proposed ordinance and their comments dated January 4, 2007 and December 7, 2006 are submitted for the record.

There were no comments from the floor.

There were no comments from the Supervisors.

Robert Race moved to adopt Ordinance #149-2007 to amend the Pequea Township Zoning Ordinance to revise regulations concerning neighborhood development.   Virginia Brady seconded the motion.  All voted in favor, none opposed.

 

SALE OF 86 FORD DUMP TRUCK AND FISHER PLOW

     Bids were received and opened February 12, 2007 at 10:00 am at the Pequea Township Bldg.  Present were Chairman, Robert Race, Pat Davis, Secretary, Paul Frymyer and Dave Reese. Pequea Township did reserve the right to reject any or all bids. 

 

Following are the bids received:            86 Dump Truck            Fisher Plow      Both

Harbor View Farm                               $3150.00                     0.00

Michael Leahy                          $2257.92                     $619.95

Scott Rhoads                                        $3050.00 Maximum     0.00

Andy Leacock                                      $860.00                       $450.00

B.R. Jenkins                                                                                                     $1251.00

Larry H. Mylin                          $2111.00                     0.00

 

Robert Race moved to sell the 86 Ford Dump Truck to Harbor View Farm for $3150.00.  Bruce Groff seconded the motion.  All voted in favor, none opposed.

Robert Race moved to sell the Fisher Plow to Michael Leahy for $619.95.  Bruce Groff seconded the motion.  All voted in favor, none opposed.

 

SOUTHERN REGIONAL POLICE DEPT JANUARY REPORT:  Officer Craig Muir was present and read the January police report.  A copy is on the front table.

A resident requested police to be present in front of the Pequea Elementary School on Millwood Road between 8:45 am and 9:00 am for speeders.  This is during the time that children are arriving at the school.

 

OLD BUSINESS:

1. Brenneman Rd RR Bridge – Virginia Brady reported that a letter from the township solicitor indicated that nothing has been resolved as to who the legal owner is.  Mr. Brookmeyer does not believe he owns the bridge but that it was conveyed to Nancy Fridy.  The title company indicated Mr. Brookmeyer is the owner.  If he is the owner he may be willing to release any interest in the bridge to the township so that it may be removed at the townships cost.   Bruce Groff added that barricades must be placed at the abutments if the structure is removed, again with the owner’s permission.  There are telephone cables attached to the structure that will need to be removed also.
2. SS Fisher Landfill Permit Modification – A new proposal has been submitted to DEP and Pequea Township which includes an outside storage area and a new building.  Comments have been requested from residents.  Pequea Township zoning officer and Pequea Township solicitor is reviewing the proposal. Tina Virgil and Tim Weaver, residents of Baumgardner Road were present to discuss the detrimental effects of the development of the landfill site, those that already are documented and those that will occur if more development is allowed. Tina Virgil did not receive any notification of the Permit Modification request at her home address as required by DEP.  Her neighbors did receive notification of the Permit Modification request.  Pictures were submitted by Tina Virgil of the orange stream of water coming from the discharge pipe at the landfill.  Those pictures were given to Wes Bruckno to forward to Attorney Crosswell.  Tina Virgil requested to look at the Zoning Hearing Board files of 1998 to determine what conditions were placed by Pequea Township Zoning Hearing Board on any further development at this site.  She will meet with Wes Bruckno to look at the files.
3. PPL Substation Access Agreement – The agreement has been presented to PPL for approval.
4. Amendments to Cable Ordinance - The proposed amendments have been presented to Comcast for approval.
5. 537 Plan Update – Robert Race moved to authorize William Crosswell, township solicitor and Gannett Fleming to proceed with the 537 Plan update.  Virginia Brady seconded the motion.  All voted in favor, none opposed.
6. Boundary Trees SS Fisher Land – An Agreement signed by Mr. Fisher has been found which states that he is responsible for maintenance and/or replacement of Pequea Township boundary trees.  The Supervisors requested the zoning officer to write a letter informing Mr. Fisher of his responsibility to replace the trees.
7. Pequea Township Planning Commission – Robert Race moved to accept the resignation of Gary Virgil from the Planning Commission.  Bruce Groff seconded the motion.  All voted in favor of, none opposed. A replacement is needed to fulfill the term of office until January 1, 2009.  Please submit a resume by March 12, 2007.

 

NEW BUSINESS:

1. Summerfield Subdivision Capacity Request – Robert Race moved to approve the request for 148 EDU’s of sewer capacity for the Summerfield Subdivision.  Virginia Brady seconded the motion.  All voted in favor, none opposed.
2. Summerfield Request for Planning Exemption – Robert Race moved to approve the request for planning exemption for public sewerage service.  Virginia Brady seconded the motion.  All voted in favor, none opposed.
3. Murphy Engineers submitted a PADOT-HOP/E&S Control Plan for Elam S. & Sally Stoltzfus/Grannies Discount Groceries at 2293 New Danville Pike.  A request for signature of acknowledgement receipt of a copy of the plan is required by PADOT.  Robert Race moved to approve signing of the plan for acknowledgement receipt only.  Bruce Groff seconded the motion.  All voted in favor, none opposed.
4. There is a grant available from Lancaster Bicycle Club for a maximum of $1500.  Signage for the Silver Mine Bike Trail would be an allowable project.  In addition there would be an allowable cost for bicycle parking racks.  Virginia Brady moved to apply for the grant.  Robert Race seconded the motion.  All voted in favor, none opposed.
5. Evans Subdivision 6 Baumgardner Road – All documents have been reviewed and approved by Attorney Bob Sisko at Crosswell’s office. Robert Race moved to adopt Resolution #312-2007 to accept the Letter of Credit, Stormwater Management Agreement, Developers Agreements and Memorandum of Understanding for the Evans Subdivision and approval for the final plan.  Virginia Brady seconded the motion.  All voted in favor, none opposed.
6. Hire New PT Road Employee – Robert Race moved to hire Michael T. Fawber as a part-time road employee.  Bruce Groff seconded the motion.  All voted in favor, none opposed. 
7. Robert Race moved to appoint Alan Granger as Pequea Township representative to the LIMC Park & Greenway Advisory Board. Virginia Brady seconded the motion.  All voted in favor, none opposed.
8. Summerfield Subdivision Final Plan – Request for Waiver of the LCPC 3 Meeting Delay Period - Robert Race moved to table any action on this request until the township engineer has had time to review the plan and make a recommendation on the request.  The plan was only received Friday.  Bruce Groff seconded the motion.  All voted in favor, none opposed.
9. Magee Keiper Pequea Elementary School – Requests permission to take her 4^th grade pupils on a field trip to Silver Mine Park May 10, 2007.  She will also schedule several speakers.  In absence of a Park & Recreation Board review Robert Race moved that the Pequea Township Supervisors approve the use of the Silver Mine Park on May 10, 2007 for a field trip for Pequea Elementary teacher, Magee Keiper and her pupils upon receipt of the signed Park Pavilion Permit and Agreement.  Bruce Groff seconded the motion.  All voted in favor, none opposed.
10. Park & Recreation Board Appointments – We want to thank everyone who submitted a resume.  Members shall be appointed for terms of 5 years and in a manner that no more than 2 members expire annually.  Robert Race moved to appoint Harry Lehman and Barry Acker to the term of 5 years to expire January 1, 2012.  Bruce Groff seconded the motion.  Virginia Brady abstained from voting. The motion carried.   Virginia Brady moved to appoint Robert Kilgour and Peggy Nepps to a term of 4 years to expire January 1, 2011.  There was no second to her motion.  The motion died.  Bruce Groff moved to appoint Gregory Layton and Donald Homsher to a term of 4 years to expire January 1, 2011.  Robert Race seconded the motion.  Virginia Brady abstained from voting.  The motion carried.  Robert Race moved to appoint Robert Kilgour to a term of 3 years to expire January 1, 2010.  Virginia Brady seconded the motion.  Robert Race and Virginia Brady voted in favor of the motion.  Bruce Groff voted no, opposed.  The motion carried.  At reappointments a 5 year term will start. Robert Race announced that the first meeting of the Park and Recreation Board will be held March 14, 2007 at 7:00 p.m.  At that meeting the Board will organize by selecting a Chairman, Vice-Chairman and Secretary.  They will also select a regular meeting night to be advertised.   A discussion was held by the Supervisors as to the manner in which each board member was chosen by the Supervisors.  Virginia Brady accused Robert Race and Bruce Groff of violating the Sunshine Act by meeting behind closed doors on their choice of the board members.  They both stated they did not violate any of the Sunshine Act and gave their reasons for making the choices from the 17 resumes submitted.  Bruce Groff said he eliminated employees and persons already serving on another Board. He felt that his choices would be made from those living in Pequea Township.  Robert Race said he read every resume and chose those people he felt had the best criteria to serve on the Park Board.  Virginia Brady encouraged those chosen to attend seminars on parks and greenways.  Tina Virgil commented that she has looked into the CREP Program for planting trees.  The Supervisors told her she may offer the information to the Park Board for consideration.

     

DEPARTMENTAL REPORTS

• Roadcrew – Work report on file.  Robert Race stated he felt our road crew did a good job on the recent snow.  Tina Virgil requested that the entrances to the Park be plowed so that persons can park their vehicles.  Several persons were using the park for sledding. Robert Race moved to have the road crew plow the top lot across from the house for approximately 5 cars to park.  Virginia Brady seconded the motion.  All voted in favor, none opposed.
• Zoning/Code Officer – Work report on file.
• Legal Liaison – Virginia Brady said all was covered in the business already discussed.

 

ADVISORY BOARD REPORTS

• Pequea Township Planning Commission – Meeting held Feb. 1, 2007.
• Pequea Township EAC – Meeting held Feb. 8, 2007.
• Lancaster Intermunicipal Committee – Virginia Brady did not attend the rescheduled meeting due to other commitments.

 

PUBLIC COMMENTS

1. Bob Murphy introduced Mr. Stoltzfus and Mr. Fisher who addressed the Supervisors concerning the requirements of PADOT for stormwater management facilities to be constructed on the Stoltzfus property to obtain a PADOT permit for driveways onto New Danville Pike.  The collection system is located on the Stoltzfus property but flows to a pipe crossing W. Penn Grant Road.  This pipe needs to be replaced and increased in size to accept the greater flow of water. It will be a considerable cost to the Stoltzfus’s and they requested help from Pequea Township, if possible.  Bruce Groff said that the stormwater runoff has been discussed previously and that the township is not responsible for this matter.  He will contact Rep. Scott Boyd to see if any help is available there.

Having no further business the meeting was adjourned at approximately 9:05 p.m.

 

                                                      Respectfully submitted,

 

 

                                                      Patsy L. Davis, Secretary