The 2011 re-organizational meeting of the Earl Township Board of Supervisors, held on Monday, January 3, 2011, was called to order by Solicitor Cassidy, at 7 p.m. The following were present: Rick Kochel, Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Solicitor Cassidy asked for the following nominations:
Chairman - Fred nominated Rick Kochel, Ray seconded and all voted yes.
Vice-Chairman - Rick nominated Fred Wissler, Ray seconded and all voted yes.
Secretary/Treasurer – Ray made a motion to appoint Brenda S Becker, Fred seconded and all voted yes.
Asst. Secretary/Treasurer - Ray made a motion to appoint Joy Oberholtzer, Fred seconded and all voted yes.
Road Master - Fred made a motion to appoint Lee Zimmerman, Rick seconded and all voted yes.
Solicitor – Fred made a motion to appoint William Cassidy (Appel & Yost), Ray seconded and all voted yes.
Engineer – Ray made a motion to appoint Charles Haley (ELA Group), Fred seconded and all voted yes.
Secondary Engineer – Fred made a motion to appoint Gary Martin (Gannett Fleming), Rick seconded and all voted yes.
Sewer Enforcement Officer - Ray made a motion to appoint Dale High, Fred seconded and all voted yes.
Back-up Sewer Enforcement Officer – Fred made a motion to appoint Mark Deimler (Strausser Surveying), Rick seconded and all voted yes.
Zoning Officer - Ray made a motion to appoint Barry Wagner, Fred seconded and all voted yes.
Vacancy Board Member - Fred made a motion to appoint Marvin Stauffer, Rick seconded and all voted yes.
Per Capita Tax Collector - Ray made a motion that Earl Township shall collect the 2011 Per Capita Tax, Rick seconded and all voted yes.
Real Estate Tax Collector - Fred made a motion to appoint the Lancaster County Treasurer to collect the 2011 Real Estate Tax, Ray seconded and all voted yes.
Rick made a motion to appoint Larry Weaver to a five (5) year term on the Planning Commission Board with the term expiring 12/31/2015, Fred seconded and all voted yes.
Ray made a motion to appoint Ed Maser to a three (3) year term on the Zoning Hearing Board with the term expiring 12/31/2013, Rick seconded and all voted yes.
Fred made a motion to appoint James Leonard to a five (5) year term on the Sewer Authority with the term expiring 12/31/2015, Ray seconded and all voted yes.
Fred made a motion to appoint James Leonard to a five (5) year term on the Water Authority with the term expiring 12/31/2015, Ray seconded and all voted yes.
UCC Third Party Inspection Agencies – Ray made a motion to appoint the following:
Associated Building Inspections, Inc
Code Administrators, Inc
Technicon Enterprises, Inc II
Fred seconded the motion and all voted yes.
Pa UCC Board of Appeals (Pa Uniform Construction Code) members as follows:
Rick made a motion to appoint Henry Merklinger to a 5 year term to expire 12/31/2015, Ray seconded and all voted yes.
Ray made a motion to appoint Alternate Ben Stoltzfus to a 1 year term to expire 12/31/2011, Fred seconded and all voted yes.
The second Alternate is currently vacant.
Fred made a motion to appoint Anthony Bender to a 5 year term on the Park & Recreation Board with the term expiring 12/31/2015, Rick seconded and all voted yes.
Fred made a motion to appoint John Yost as the Emergency Management Coordinator, Rick seconded and all voted yes.
Fred made a motion to appoint Ray Martin as the voting delegate at the PSATS Convention to be held on April 17th through April 20, 2011. Rick seconded the motion and all voted yes.
Fred made a motion to approve the following as delegates to attend the PSATS Convention: Rick Kochel, Fred Wissler, Ray Martin, Lee Zimmerman, and Brenda Becker. Rick seconded the motion and all voted yes.
Ray made a motion to approve the following depositories: Susquehanna Bank, PLGIT, PNC Bank and the Ephrata National Bank. Fred seconded the motion and all voted yes.
Fred made a motion to approve the Treasurer’s Bond in the amount of $1,000,000.00 with Styer and Evans Agency, Ray seconded and all voted yes.
Fred made a motion to set the mileage reimbursement rate for 2011 at the Federal rate of $0.51, Rick seconded and all voted yes.
Solicitor Cassidy turned the meeting over to Chairman Rick Kochel for the regular monthly meeting to convene at 7:20 p.m.
Fred made a motion to approve the December 6th and December 9th, 2010 minutes, Ray seconded and all voted yes.
Public Comment:
Hugh McMaster, Eastern Lancaster Library thanked the Supervisors for their contribution and the budgeted increase in 2011 is greatly appreciated. The State has reduced their contribution by fifty percent (50%). Currently two thousand four hundred twenty eight (2,428) township residents are library membership cards holders.
Kathy Ashcroft, 133 Maple Drive, inquired if the land rezoned for Quality Custom Cabinetry at 189 Peters Road is sold would the Industrial rezoning remain for the future buyer? Rick stated that yes the zoning designation would remain with the land for any future owners.
Police Report:
Chief Bowers presented the December 2010 police report.
Martindale Fire Co. Report:
Chief Groff presented the December 2010 Fire Co. report.
Road Master’s Report:
Lee reported he will install a T warning sign and a caution sign at the Shirk Road and Farmers Road intersection as warranted and requested in a letter submitted by Ms. Viola Martin, 30 Nolt Drive in Ephrata.
Lee reported that the Route 23 and Shirk Road traffic signal time of day was set incorrectly and with the time set correctly the flow of traffic should improve.
Lee reported that he observed ten (10) vehicles exited the CVS Pharmacy Store located at 706 West Main Street from the South Shirk Road access drive in the time it took for him to pump gas. This business appears to generate more traffic on South Shirk Road than the developer presented.
Lee reported that we need to implement an Ordinance requiring clearing sidewalks of snow/ice after a storm. Chief Bowers will provide information on New Holland Borough’s sidewalks maintenance Ordinance for consistency. Brenda and Lee were directed to draft an Ordinance for review.
Lee reported the stop sign installed at Mentzer Road and Summitville Road intersection has been in place and the Police may start monitoring vehicle movement. Lee will paint the stop bar line in the spring.
The Supervisors received and reviewed the Earl Township Park and Recreation Boards 2010 yearend report.
Bob Winegardner, Judge of Election at the Garden Spot Village (GSV) polling location, was present along with six or seven Election Committee Board Members to inquire about the concerns that were referenced in the Supervisors letter to the Election Bureau dated December 13, 2010. Rick stated that previously the polling location was located at the Summit Valley Elementary School, which was prior to the school’s renovations. Ray stated that several Township residents expressed concerns regarding the process of voting at GSV. Ray also stated that when he was on the ballot and a GSV resident was also a candidate, the GSV candidate was permitted to be beyond the designated access area. The water fountain was used to by-pass access to Ray and the constituents were then directed to the other candidate. Residents have indicated the location should be a neutral site or community location not a private entity. Ray stated after leaving the polling site, he was contacted by a resident and informed of concerns and recommended he return to the polling site. Ray stated he has nothing against the GSV facility or its residents just concerned with how elections are conducted. Fred stated he was one of the strongest supporters of GSV, but feels elections shall be hold at a public location such as a Church, school or the New Holland Recreation Center, not a private location. Fred again stated he is not against GSV. Rick stated he supports that the election should be held at a non-business location, such as a school or a standalone church, and not the Chapel within GSV. Kathy Ashcroft stated security at a school would be an issue for her. Joan Plitt, 242 Orchid Court, inquired if a teacher or an affiliate of the polling location is on the ballot would the Supervisor’s believe that could create the same preferential treatment? Ray stated not at the same level, but it would depend on how the election is being handled. Mr. Winegardner stated that a lot of the Supervisors concerns have already been addressed, but they will review the concerns thoroughly and report back.
Zoning Officer’s Report:
The November 28th – December 31, 2010, written zoning report was submitted and will be filed in the office.
Solicitor’s Report:
Solicitor Cassidy presented the Ordinance amending the Zoning Ordinance to include new principal uses and new subdivided lots within the Agricultural District. Ray made a motion to adopt Ordinance No. 2011-01 the Amendment to Chapter 27 of the earl township Code of Ordinances know as the earl township zoning ordinance of 1996 to include new principal uses and new subdivided lots as actions that are to be included in determining the quotas for new lots and uses within the ag-agricultural district and to amend the area requirements for permitted uses within the district that are not specifically identified. Fred seconded the motion and all voted yes.
Fred made a motion to approve the full release of Improvement Guarantee Funds for King Construction, 531 Hollander Road, Final Land Development Plan in the amount of Two Hundred Fifty Four Thousand Six Hundred One Dollars and Thirty Eight Cents ($254,601.38). Ray seconded the motion and all voted yes.
Ray made a motion to grant the time extension until May 3, 2011 for Petra Christian Fellowship Church, 565 Airport Road, to record the Final Parking Lot Land Development Plan, Fred seconded and all voted yes. This Plan will now expire May 3, 2011.
Fred made a motion to grant the ninety (90) day time extension for Reuben Lapp, 205 Linden Grove Road, to record the Lot Add-On Plan, Ray seconded and all voted yes. This Plan will now expire March 7, 2011.
Ray made a motion to grant the ninety (90) day time extension for Bradenton Development 224 Phillip Road, to record the Land Development Plan, Fred seconded and all voted yes. This Plan will now expire April 11, 2011.
Fred inquired if the Supervisors have the capabilities to push the Log Cabin Court Mobile Home Parks (LCCMHP) Land Development Plan and improvements to completion? Solicitor Cassidy stated they could approve a lesser time extension than the requested one hundred and eight (180) days to push them forward. After more discussion Fred made a motion to grant the ninety (90) day time extension for LCCMHP, 3709Division Highway, to record the Land Development Plan, Ray seconded and all voted yes. This Plan will now expire May 2, 2011. Brenda was directed to request genuine progress during this time extension period.
The Supervisors acknowledged the New Holland Recreation Center, 123 North Shirk Road, thank you for the annual contribution.
Receipts received in December were $50,235.59 in the General Fund.
Fred made a motion to pay the expenses in the General and the Payroll Funds (Checks #12561-12610, #6374-6394) in the amount of $338,476.65, the payroll taxes electronically transferred in the amount of $7,849.51. Ray seconded the motion and all voted yes.
Meeting adjourned at 8:20 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Vice Chairman Fred Wissler called to order the Earl Township Board of Supervisors meeting, held on Monday, February 7, 2011, at 7 p.m. The following were present: Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Ray made a motion to approve the January 3, 2011 minutes, Fred seconded and all voted yes.
Public Comment:
Sue Newswanger, Elanco Library Board Member reported that the library’s endowment is now going to be administered by the Lancaster County Community Foundation, which is a very good organization. The library has received grants for handicapped doors and seven (7) new computers.
Police Report:
Chief Don Bowers presented the January 2011 police report.
Martindale Fire Co. Report:
Chief Tony Groff presented the 2010 annual report and the January 2011 Fire Co. report.
Liberty Fire Co. Report:
Chief Larry Martin presented the 2010 annual Fire Co. report.
Supervisors reviewed the following Plan and request:
The Groff Run Valley Trust, 242 Mentzer Road, Lot Add-On Plan was reviewed and the request as follows was acted on:
a. Conditional Plan approval. Ray made a motion to grant conditional approval of the Lot Add-On Plan contingent upon the comments of the Township’s Engineer and the Sewage Enforcement Officer approval of the deferment of surveying for an alternate sewage system to a later time and confirmation that the exiting sewage system is in good operating condition. Fred seconded the motion and all voted yes.
Mark Magrecki, Steckbeck Engineering, presenting the proposed Tractor Supply Store, 725 East Main Street, and requested that the Supervisors consider changing the Zoning Ordinance regarding off street parking spaces for agricultural businesses or specialty farm retail store. Mr. Magrecki said, the Zoning Hearing Board denied their variance request to reduce the required number of parking spaces from the required one hundred and fifty four (154) spaces to sixty to seventy (60-70) parking spaces, which is what they typically need for their model store. Mr. Magrecki provided a draft Ordinance amendment for review and consideration. Wendy Fulton, Keith Corporation, stated that they are a destination retailer and do not generate a lot of traffic, they typically receive thirty (30) trips per hour. Ray stated he is sympathetic to the request, but is concerned with the proposed wording opening up other retail stores to reduced parking and creating a safety hazard for the public. Fred recommended considering the request and researching surrounding Municipalities regulations. Ed Maser, Chairman of the Zoning Hearing Board, stated they are concerned that the off street parking regulation is limiting and they have asked the Zoning Officer, Barry Wagner to look at drafting a revision. Ray made a motion to have the Planning Commission and Zoning Officer review and draft an Ordinance amendment for consideration, Fred seconded and all voted yes. Solicitor Cassidy suggested that Tractor Supply Store provide additional information to the Township to assist in the amendment process.
Road Master’s Report:
Fred made a motion to adopt Resolution No. 2011-01, A Resolution for Earl Township to participate in a co-operative bidding and purchasing agreement for the procurement of road work identified as Micro-surfacing and Chip Seal Coating with multiple Municipalities. Ray seconded the motion and all voted yes.
Fred made a motion to approve selling an old snow plow that hasn’t been in service for many years, through the Municipal Bid program. Ray seconded the motion and all voted yes.
Zoning Officer’s Report:
The January 2nd – January 16, 2011, written zoning report was submitted and will be filed in the office.
Zoning Hearing scheduled on February 14, 2011 is as follows:
Christian Fellowship Church, 758 Spruce Road – Variance requested of the side yard setback and Special Exception to allow for two (2) building additions to the existing church.
Solicitor’s Report:
Solicitor Cassidy presented the South Kinzer Avenue Re-alignment Deed of Dedication Resolution for adoption. Ray made a motion to adopt Resolution No. 2011-02, A Resolution of the Township of Earl, Lancaster County, Pennsylvania, accepting Deeds of Dedication from Luke R Zimmerman and Anna W Zimmerman and Garden Spot Village for Lands in the Relocated Bed of Kinzer Avenue (T-674) and for conveyance of lands to Garden Spot Village from the vacated Right-Of-Way and Roadbed of Kinzer Avenue (T-764). Fred seconded the motion and all voted yes.
Fred made a motion to adopt Resolution No. 2011-03, A Resolution of the board of supervisors of earl township, Lancaster, Pennsylvania, establishing the fee schedule for zoning, subdivision and land development applications, use and occupancy permits, earl township sewer authority, western heights water authority, uniform construction code and administrative fees. Ray seconded the motion and all voted yes.
Ray made a motion to sign the Ervin M and Ella Mae Zimmerman, 232 Wanner Road, Ephrata, Echo Housing Agreement and to waive the land development planning process for said residence, Fred seconded and all voted yes.
Ray made a motion to approve the partial release of Improvement Guarantee Funds for Hoover Diesel Service, 114 South Shirk Road, Preliminary/Final Land Development Plan in the amount of One Hundred Fifty One Thousand Eight Hundred Twenty Nine Dollars ($151,829.00). Fred seconded the motion and all voted yes. The balance remaining shall be Thirty Thousand One Hundred Forty Five Dollars ($30,145.00).
Fred made a motion to acknowledge that Petra Christian Fellowship Church, 565 Airport Road, granted the Township a time extension until May 11, 2011, to review the Preliminary Lot Add-On, Subdivision and Land Development Plan. Ray seconded the motion and all voted yes.
Ray made a motion to acknowledge that Real Marq-Newholl Development, 662 West Main Street, granted the Township a time extension until May 3, 2011, to review the Preliminary/Final Land Development Plan. Fred seconded and all voted yes.
Ray made a motion to grant the ninety (90) day time extension for SOCO Townhouses, Airport Road, to record the Land Development Plan, Fred seconded and all voted yes. This Plan will now expire May 31, 2011.
Fred made a motion to grant the ninety (90) day time extension for the Aaron Beiler, 915 West Main Street Storm Water Management Plan, Ray seconded and all voted yes. This Plan will now expire May 30, 2011.
Ray made a motion to appoint Larry Knepper, 53 Wisteria Court, as an alternate on the UCC Appeal Board, for a one year term expiring on December 31, 2011. Fred seconded the motion and all voted yes.
Receipts received in January were $207,526.58 in the General Fund and $8,775.64 in the Street Light Fund.
Ray made a motion to pay the expenses in the General and the Payroll Funds (Checks #12611-12674, #6395-6418) in the amount of $159,723.84 and the payroll taxes electronically transferred in the amount of $12,289.29, Fred seconded and all voted yes.
Meeting adjourned at 8:10 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Vice Chairman Fred Wissler called to order the Earl Township Board of Supervisors meeting, held on Monday, March 7, 2011, at 7 p.m. The following were present: Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Ray made a motion to approve the February 7, 2011 minutes, Fred seconded and all voted yes.
Public Comment:
Mike Cormany, Petra Christian Fellowship Church thanked the Lord for assistance with improving their parking facility.
Police Report:
Chief Don Bowers presented the February 2011 police report.
The Lancaster Sunrise Rotary Ride for Sight and Literacy will be held on May 7, 2011.
The 2011 MS Pa Dutch Bike Ride has been cancelled.
Martindale Fire Co. Report:
Chief Tony Groff presented the February 2011 Fire Co. report. Ray made a motion to approve paving the five foot (5’) for a water draft area on Conestoga Road, which will provide water draw location for Conestoga Road, White Oak Road and Martindale Road where tankers can then loop around while fighting a fire. Fred seconded the motion and all voted yes.
Supervisors reviewed the following Plan and request:
Robert Switala, Bergmann Assoc. and Curtis Sigler, AutoZone Store, presented the AutoZone Store, 870 West Main Street, Preliminary/Final Land Development Plan and requested the following:
a. Waiver request of SALDO Section 308.B – Preliminary Plan submission requirement. Ray made a motion to grant approval of the waiver of the Preliminary Plan requirement, Fred seconded and all voted yes.
b. Waiver request of SWMO Section 303.G - Storm Water pipe diameter of fifteen (15”) inches requirement. Ray made a motion to grant approval of this waiver of the fifteen (15”) inch pipe requirement, Fred seconded and all voted yes.
c. Conditional approval of the Preliminary/Final Land Development Plan. Ray made a motion to grant conditional approval of the Final Land Development Plan contingent upon the comments of the Township’s Engineer, Zoning Office, Road Master and the L.C.P.C. Fred seconded the motion and all voted yes.
d. Ray made a motion to approved the Improvement Guarantee in the amount of Two Hundred Ninety Seven Thousand Seven Hundred and Fifteen Dollars ($297,715.00), Fred seconded and all voted yes.
Fred informed Mr. Switala and Mr. Sigler that the property in located within the Western Heights Water Authority Service Area and they will eventually be required to connect to the public water system. Mr. Switala stated they are aware of and understand the connection requirement.
Floyd Grove, Earl Township Planning Commission Chairman reported that the Planning Commission would like the entire off street parking regulations reviewed for amendment. Ray made a motion to direct Barry Wagner, Zoning Officer, to review and draft a Ordinance to modify the general parking regulations, Fred seconded and all voted yes.
Robert Winegardner, Judge of Election submitted a letter dated January 4, 2011 regarding election concerns and the polling location at Garden Spot Village (GSV), which was read aloud by Solicitor Cassidy and will be filed as a public record. Supervisor Ray Martin stated he was denied access to a voter, not he thought he was denied access and he is questioning if that voter wasn’t permitted to or able to make up his/her own mind on whether to speak with Ray. Ray inquired how many people make up the Board of Elections? Mr. Winegardner stated there are six or seven (6 or 7), of which five are residents of GSV. Ray suggested the Board should be a representation of the entire Township area and not be a concentration from GSV. Mr. Winegardner stated his staff is reliable.
Road Master’s Report:
Ray made a motion to adopt Resolution No. 2011-04, A Resolution for Earl Township to participate in a co-operative bidding and purchasing agreement for the procurement of road work identified as Micro-surfacing and Chip Seal Coating with multiple Municipalities, with earl township taking the lead on the bidding process. Fred seconded the motion and all voted yes.
Fred made a motion to adopt Resolution No. 2011-05, A Resolution approving the joint bidding and purchasing Agreement of the procurement of road work indentifies as hot mix aggregate FOB with New Holland Borough. Ray seconded the motion and all voted yes.
Ray made a motion to adopt Resolution No. 2011-06, A Resolution for Price Adjustment of Bituminous Materials for small quantities, Fred seconded and all voted yes.
Lee reported that the Route 23 and Shirk Road Traffic Signal is continuing to be an issue. Fred stated he believes there is a mechanical malfunction, due to cars will suddenly be released on Shirk Road after only a few move through on Route 23. The Supervisors want the signal fixed and approved to have Telco check the settings and operation.
Lee reported that the Route 322 and Railroad Avenue Traffic Signal is also going to be adjusted; due to the signal is cycling with no vehicles in position.
Lee reported that Comcast had submitted a HOP Permit application to construction an underground cable extension on Jalyn Drive. Fred made a motion to allow the cable line extension by boring within the road ROW, Ray seconded and all voted yes.
Lee requested approval to purchase snow fence to be installed on Weaverland Road, which is near Garden Spot High School and stated the property owner is agreeable to the fence and the installation of a storm water pipe. Fred made a motion to approve purchasing snow fence, Ray seconded and all voted yes.
Lee reported the old snow plow sold for Fifteen Hundred Dollars ($1,500.00) through the Municipal Bid program.
Zoning Officer’s Report:
The January 23rd – February 20, 2011, written zoning report was submitted and will be filed in the office.
Zoning Hearing scheduled on March 14, 2011 is as follows:
Clair Nolt/Nolt Gas, 656 North Shirk Road – special exception to alter and expand an existing non-conforming use and variances of the maximum lot coverage, signage and expansion of the open land of a non-conforming use to not exceed the lesser of two hundred fifty feet (250’) in any direction from the existing non-conforming use.
Crist U Stoltzfus, 137 Meadowcreek Road – special exception to expand an existing non-conforming use and variance of the fifty foot (50’) rear yard setback and the maximum lot coverage requirement.
Ray made a motion to accept Thomas E Plitt’s resignation as an elected Auditor, Fred seconded and all voted yes.
Pa Department of Environmental Protection (DEP) letter dated February 10, 2011 regarding a complaint filed against Log Cabin Court Mobile Home Park (LCCMHP) was reviewed. Brenda reported that Dale High, SEO inspected the site and found no issues on February 21, 2011. The Supervisors directed Dale High to inspection and report on LCCMHP every three (3) weeks.
Commonwealth of Pa Office of Attorney General letter dated February 24, 2011 stated the Act 38 Agriculture, Community, and Rural Environment Act (ACRE) review request submitted by John and Linda Zook, 475 Voganville Road is still being reviewed.
Ray made a motion to acknowledge the Norman and Sharon Martin, 528 New Holland Road, withdrawal of the Storm Water Management Plan, Fred seconded and all voted yes.
Ray made a motion to acknowledge the Aaron and Katie Beiler, 915 West Main Street, withdrawal of the Storm Water Management Plan, Fred seconded and all voted yes.
Fred made a motion to approve the Improvement Guarantee Funds for Petra Christian Fellowship Church, 565 Airport Road – Parking Facility Plan in the amount of Fifty Seven Thousand Two Hundred Sixty Eight Dollars ($57,268.00). Ray seconded the motion and all voted yes.
The Supervisors reviewed the PA DEP letter to Aaron Wenger, 264 Voganville Road, regarding concerns with their indoor wood-fired stove used to heat his shop. Mr. Wenger admitted to burning pieces of rubber wagon tires as a source of fuel, which is prohibited. PA DEP regulations relative to fugitive emissions, malodors, opacity, air pollution and nuisances were provided to Mr. Wenger.
The Supervisors reviewed the Lancaster County Drug Task Force’s 2010 annual report. Chief Bowers reported that his Police Department participated in a heroin interception, which was being delivered by Federal Express and the arrest went very well.
The Supervisors reviewed the Lancaster County Commissioner Scott Martin’s April 7, 2011 meeting invitation, to discuss the land development permit processes and costs in the current economic conditions. Brenda was directed to remind the Supervisors of the meeting prior to the RSVP deadline.
The Supervisors acknowledge the Mill Creek Street Restoration Project – Phase II on the Keith Olin, 592 South Kinzer Avenue.
The Supervisors reviewed the PSATS 2011 proposed Bylaws changes, which are to be voted on at the Annual Educational State Conference general meeting session on Tuesday April 19th.
Receipts received in February were $207,526.58 in the General Fund.
Ray made a motion to pay the expenses in the General and the Payroll Funds (Checks #12675-12729, #6419-6436) in the amount of $125,923.93 and the payroll taxes electronically transferred in the amount of $7,687.52, Fred seconded and all voted yes.
Meeting adjourned at 8:30 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Vice Chairman Fred Wissler called to order the Earl Township Board of Supervisors meeting, held on Monday, April 4, 2011, at 7 p.m. The following were present: Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Ray made a motion to approve the March 7, 2011 minutes, Fred seconded and all voted yes.
Public Comment:
Donna Brice, Elanco Library reported that they no longer organize their books by the Dewey format, and April 15th will be a Day of Remembrance for the Dewey system. The National Library Week is April 10 – 16, 2011. The proposed Pennsylvania Budget is holding the level of funding for Libraries, but this could change.
Police Report:
Chief Don Bowers presented the March 2011 police report. Chief Bowers noted that the New Holland Borough reimbursed the Township funds for the proposed new radio system, which has been on hold, but stated that even though that credit was given to the Township, the radio conversion will be occurring sometime.
Martindale Fire Co. Report:
Deputy Chief Lavern Zimmerman presented the March 2011 Fire Co. report.
Ray Martin reported that Liberty Fire Company (LFC) and Blue Ball Fire Company are discussing merging. The LFC currently covers a portion of Earl Township and Rick Kochel has been designated to represent the Township on their Finance Steering Committee.
Supervisors reviewed the following Plan and request:
Paul Stoltzfus, Martin Limestone, 363 Martindale Road, presented a request to waive the Land Development planning process for the construction of a sixty foot by one hundred and twenty foot (60 ft. X 120 ft.) hoop design building on existing impervious ground. The structure is for storage of dry recycled asphalt pavement materials. Ray made a motion to grant conditional approval of waiving the Land Development planning process, contingent upon ELA Group, Inc., recommendation letter dated March 31, 2011. Fred seconded the motion and all voted yes.
Ray made a motion to sign the DEP Sewage Planning Waiver Form B application for the Roy Mentzer, Groff Run Valley, 242 Mentzer Road, Lot Add-On Plan. Fred seconded the motion and all voted yes.
Fred made a motion to table action on the proposed Zoning Ordinance amendment of Section 1203 – Off Street Parking, to ensure the entire section is reviewed for amendments. Ray seconded the motion and all voted yes. Brenda was directed to have Barry Wagner, Zoning Officer review the Off Street Parking regulations for additional amendments.
Road Master’s Report:
The following Road Work Bids were opened and acted on as advertised:
Aggregates:
a. Martin Limestone, Inc., submitted a bid in the total amounts of $30,835.00 FOB and $43,505.00 delivered.
b. Independence Construction Materials submitted a bid in the total amounts of $29,725.00 FOB and $50,313.00 delivered.
Fred made a motion to award the bid to Martin Limestone, Inc., in the total amount of $74,340.00, Ray seconded and all voted yes.
Oil Distribution Truck Rental & Materials:
a. Martin Paving, Inc., submitted a bid in the amount of $92.00 per hour for a distribution truck w/operator to distribute E3M oil at $2.30 per gallon.
Ray made a motion to award the bid to Martin Paving, in the amount of $92.00 per hour and the oil at $2.30 per gallon. Fred seconded the motion and all voted yes.
Paving:
a. Silver Hill Quarry, Division of Haines and Kibblehouse, Inc., submitted a bid in the amount of $96,530.50 for the work proposed for 2011.
b. Burkholder Paving, Division of Martin Limestone, Inc., submitted a bid in the amount of $77,930.20 for the work proposed for 2011.
c. Pennsy Supply, Inc., submitted a bid in the amount of $99,718.50 for the work proposed for 2011.
Fred made a motion to award the bid to Burkholder Paving, in the amount of $77,930.20, Ray seconded and all voted yes.
FOB Paving Materials:
a. Burkholder Paving, Division of Martin Limestone, Inc. submitted a bid in the amount of $69.12 per ton for ¼” rice wearing, $56.59 per ton for 9.5 mm Superpave, and $49.34 per ton for 25 mm Superpave for the work proposed for 2011.
b. Pennsy Supply, Inc., submitted a bid in the amount of $54.00 per ton for ¼” rice wearing, $51.50 per ton for 9.5 mm Superpave and $42.50 per ton for 25 mm Superpave for the work proposed for 2011
Lee recommended tabling action, until he thoroughly reviews the bid documents. Ray made a motion to table awarding the FOB Paving Materials bid until reviewed further, Fred seconded and all voted yes.
Chip Seal Coating – Joint Municipal Bid:
a. Martin Paving, Inc., submitted a bid at the rate of $0.947 per sq. yd. with a total amount of $565,162.03, using CRS-2PM oil, distributed at .35 of a gallon per sq. yd using washed #8 stone applied at 22 pounds per sq. yd. and a rate of $1.038 per sq. yd. with a total amount of $34,818.68, using CRS-2PM oil with an viscosity of 250 or higher, distributed at .33 of a gallon per sq. yd. using washed 3/8th stone applied at 12-16 pounds per sq. yd. Total bid amount is $599,980.71.
b. Stewart & Tate, Inc., submitted a bid at the rate of $0.949 per sq. yd. with a total amount of $566,355.61, using CRS-2PM oil, distributed at .35 of a gallon per sq. yd using washed #8 stone applied at 22 pounds per sq. yd. and a rate of $0.954 per sq. yd. with a total amount of $32,000.98, using CRS-2PM oil with an viscosity of 250 or higher, distributed at .33 of a gallon per sq. yd. using washed 3/8th stone applied at 12-16 pounds per sq. yd. Total bid amount is $598,355.61.
c. Hammaker East submitted a bid at the rate of $1.065 per sq. yd. with a total amount of $635,583.48, using CRS-2PM oil, distributed at .35 of a gallon per sq. yd using washed #8 stone applied at 22 pounds per sq. yd. and a rate of $1.034 per sq. yd. with a total amount of $34,684.50, using CRS-2PM oil with an viscosity of 250 or higher, distributed at .33 of a gallon per sq. yd. using washed 3/8th stone applied at 12-16 pounds per sq. yd. Total bid amount is $670,267.98.
Fred made a motion to award the bid to Stewart & Tate, Inc., in the amount of $598,355.61, Ray seconded and all voted yes.
Microsurfacing – Joint Municipal Bid:
a. EJ Breneman submitted a bid in the amount of $3.40 per sq. yd. for Type A Microsurfacing, in the amount of $211,143.40 and $5.35 per sq. yd. for Microsurfacing Rut Fill, in the amount of $97,065.05. Total bid amount is $308,208.45.
b. Stewart & Tate, Inc., submitted a bid in the amount of $2.05 per sq. yd. for Type A Microsurfacing, in the amount of $127,307.05 and $2.43 per sq. yd. for Microsurfacing Rut Fill, in the amount of $44,087.49. Total bid amount is $171,394.54.
c. Asphalt Paving Systems submitted a bid in the amount of $2.19 per sq. yd. for Type A Microsurfacing, in the amount of $136,001.19 and $2.26 per sq. yd. for Microsurfacing Rut Fill, in the amount of $41,003.18. Total bid amount is $177,004.37.
Ray made a motion to award the bid to Stewart & Tate, Inc., in the amount of $171,394.54, Fred seconded and all voted yes.
Lee reported the Office building’s gutters were damaged during the snow storms this winter, Fred directed Lee to get proposals to repair or replace the gutters and to install gutter guards and for installing snow stops on the roof.
Zoning Officer’s Report:
The February 27th – March 20, 2011, written zoning report was submitted and will be filed in the office.
Ray made a motion to approve the full release of Improvement Guarantee Funds for the Garden Spot Village, 433 South Kinzer Avenue, Phase II Land Development Plan, in the amount of Two Thousand Two Hundred Dollars ($2,200.00). Fred seconded the motion and all voted yes.
Ray made a motion to approve the partial release of Improvement Guarantee Funds for the Garden Spot Village, 433 South Kinzer Avenue, Phase III Land Development Plan, in the amount of Nine Thousand Six Hundred Twenty Five Dollars ($9,625.00). Fred seconded the motion and all voted yes. The balance remaining shall be Ninety Four Thousand Three Hundred Sixty Nine Dollars ($94,369.00).
Ray made a motion to approve the full release of Improvement Guarantee Funds for the Garden Spot Village, 433 South Kinzer Avenue, Phase IV Land Development Plan, in the amount of One Hundred Seventy Four Thousand Seven Hundred Forty Three Dollars ($174,743.00). Fred seconded the motion and all voted yes.
Ray made a motion to approve the full release of Improvement Guarantee Funds for the Garden Spot Village, 433 South Kinzer Avenue, Phase III – Parking Lot Land Development Plan, in the amount of Seventy Eight Thousand Eight Hundred Twenty Five Dollars ($78,825.00). Fred seconded the motion and all voted yes.
The Supervisors reviewed the Sewage Enforcement Officer’s inspection report on Log Cabin Court Mobile Home Park, 3709 Division Highway, and Fred stated the Sewer Authority will be pushing Dr. Chadaga to connect to the public sewer and in what direction the extension shall be constructed.
Ray made a motion to sign the Petra Christian Fellowship, 565 Airport Road, Additional Parking Facilities Plan - Storm Water Management Agreement, Fred seconded and all voted yes.
The Supervisors reviewed the Lancaster County Drug Task Force’s 2011 annual contribution which is based on the 2010 Census in the amount of Seven Thousand Twenty Four Dollars ($7,024.00). The Supervisors stated the amount of contribution submitted shall be the budgeted amount of Six Thousand One Hundred and Eighty Three Dollars ($6,183.00).
Fred reported the Supervisors plan to hold four (4) Township meetings at off – site locations, two (2) are proposed at Garden Spot Village and two (2) are proposed at Martindale Fire Company, which will provide additional public awareness and access to the community. Ed Maser, 32 Runway Avenue, asked why these meetings were being re-located and Fred stated that this was a request to the Supervisors. Ed said it is a waste of the tax payer’s money, since the Township building was purposely constructed for the public meetings.
Fred reported that the Township meeting minutes will be posted on the Township’s web-site.
The Supervisors reviewed the following Lancaster County Conservation District’s plan approval or deficiencies and inspection reports of earth moving activities:
a. NewHoll Development, 662 West Main Street.
b. Hoover Diesel Service. 114 South Shirk Road.
Receipts received in March were $111,838.77 in the General Fund.
Ray made a motion to pay the expenses in the General and the Payroll Funds (Checks #12730-12785, #6437-6842) in the amount of $127,973.48 and the payroll taxes electronically transferred in the amount of $7,943.58, Fred seconded and all voted yes.
Meeting adjourned at 8:10 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Chairman Rick Kochel called to order the Earl Township Board of Supervisors meeting, held on Monday, May 2, 2011, at 7 p.m. The following were present: Rick Kochel, Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Fred made a motion to approve the April 7, 2011 minutes, Ray seconded and all voted yes.
Police Report:
Chief Don Bowers presented the April 2011 police report.
Martindale Fire Co. Report:
Chief Tony Groff presented the April 2011 Fire Co. report. Fred made a motion to approve closing Gristmill Road between Martindale Road and Hurst Road for Martindale Days on June 18, 2011, Ray seconded and all voted yes. Lee will provide road closure barriers and detour signs for the fire company.
Ray made a motion to table action on the proposed Zoning Ordinance amendment of Section 1203 – Off Street Parking, to review additional changes proposed for restaurants/fast food establishments. Fred seconded the motion and all voted yes.
The following Road Work Bids were acted on as advertised:
Lee recommended selecting Pennsy Supply, Inc., the low bidder. Ray made a motion to award the FOB Paving Materials bid to Pennsy Supply, Inc., in the amount of $54.00 per ton for ¼” rice wearing, $51.50 per ton for 9.5 mm Superpave and $42.50 per ton for 25 mm Superpave. Fred seconded the motion and all voted yes.
The March 27th – April 17, 2011, written zoning report was submitted and will be filed in the office.
Solicitor’s Report:
Solicitor Cassidy presented the South Kinzer Avenue Re-alignment Deed of Dedication for adoption. Ray made a motion to adopt and sign the Deed of Dedication for lands in the relocated bed of South Kinzer Avenue (T-674) and for conveyance of lands. Fred seconded the motion and all voted yes.
Fred reported that the Earl Township Sewer Authority has issued a letter to Dr. Chadaga, Log Cabin Court Mobile Home Park (LCCMHP) directing them how to connect to the public sewer system, Fred would like the Supervisors to establish a time line for starting and completing the connection construction. Solicitor Cassidy recommended allowing time for Dr. Chadaga to respond to the current correspondence. Dale High, SEO is inspecting the LCCMHP property on a weekly basis, as directed by the Supervisors and has been calling Kline Septic Service to pump the holding tank if it is necessary. Solicitor Cassidy will send a letter asking LCCMHP for a firm and definitive response on connecting to the public sewer system.
Fred made a motion to approve the full release of Improvement Guarantee Funds for the DL Truss, 131 Jalyn Drive, Land Development Plan, in the amount of Five Thousand Dollars ($5,000.00). Ray seconded the motion and all voted yes.
The Supervisors announced the advertised Earl Township Town Hall meeting scheduled for Monday May 9, 2011 at 7:00 p.m. in the Garden Spot Village, 433 South Kinzer Avenue – Apartment Tower meeting room and invited all residents to attend.
Fred made a motion to approve the annual contribution to the United Veteran’s Council in the amount of One Hundred Twenty Five Dollars ($125.00) and acknowledged the invitation to the 2011 Annual Pilgrimage to be held on May 30, 2011. Ray seconded the motion and all voted yes.
Ray made a motion to grant the ninety (90) day time extension for SOCO Townhouses, Airport Road, to record the Land Development Plan, Fred seconded and all voted yes. This Plan will now expire August 31, 2011.
Ray made a motion to acknowledge that Petra Christian Fellowship Church, 565 Airport Road, granted the Township a time extension until July 4, 2011, to review the Preliminary Lot Add-On, Subdivision and Land Development Plan. Fred seconded the motion and all voted yes.
Fred made a motion to grant the time extension until July 4, 2011 for Petra Christian Fellowship Church, 565 Airport Road, to record the Final Parking Lot Land Development Plan, Ray seconded and all voted yes. This Plan will now expire July 4, 2011.
Ray made a motion to acknowledge that Real Marq-Newholl Development, 662 West Main Street, granted the Township a time extension until August 2, 2011, to review the Preliminary/Final Land Development Plan. Fred seconded and all voted yes.
Fred made a motion to approve the exoneration of one hundred sixty three (163) residents from paying the 2010 Per Capita Tax. Ray seconded the motion and all voted yes.
The Supervisors reviewed the following Lancaster County Conservation District’s plan approval or deficiencies and inspection reports of earth moving activities:
a. NewHoll Development, 662 West Main Street.
The Supervisors reviewed the following PA DEP Noncoal Surface Mining Permit corrections for Burkholder Quarry, Burkholder Quarry No 2 and Burkholder Quarry No 3.
Receipts received in April were $113,140.25 in the General Fund and $241,663.95 in the Liquid Fuels Fund.
Fred made a motion to pay the expenses in the General and the Payroll Funds (Checks #12786-12828, #6461-6479) in the amount of $127,159.04 and the payroll taxes electronically transferred in the amount of $7,549.41, Ray seconded and all voted yes.
Meeting adjourned at 8:10 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on May 12, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler and Ray Martin.
Crist Stoltzfus, 137 Meadowcreek Road, was present to request waiver of the land development planning process for a fourteen feet wide (14’) building expansion with approximately four hundred thirty three square feet (433 sq. ft.) of new impervious coverage. One half (1/2) of the expansion will be on already existing impervious area. Mr. Stoltzfus has already received Zoning Hearing approval for this expansion. After some more discuss Ray made a motion to grant waiving of the land development planning process for the fourteen feet wide (14’) building expansion, Fred seconded and all voted yes.
Fred suggested making School Lane a dead-end at North Shirk Road or a one way going west, due to the heavy traffic use on Shirk Road. Rick suggested making School Lane a no left turn onto Shirk Road, but Fred thought going straight into the Shopping Center may still be an issue. Ray suggested a right turn only from School Lane. The Supervisors also discussed creating a crosswalk on North Shirk Road in the area of School Lane. These ideas shall be discussed further with the Township’s Road Master, Lee Zimmerman.
The Supervisors selected Monday June 13, 2011 as the next Town Hall Meeting date, which shall be held at the Martindale Fire Company, if the space is available.
Ray reported he attended the meeting held on May 11, 2011, on developing a Regional Transfer of Development Rights (TDR) program and provided written information for the Supervisor to review.
Ray made a motion that any forfeited pension funds, shall be used to offset the Township’s pension contribution obligation, Fred seconded and all voted yes. The current Pension Plan permits using any unvested funds towards the Township’s contribution or they may be redistributed to the eligible participating employees.
Meeting Adjourned at 8:30 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
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Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on June 2, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler and Ray Martin.
Brian Johnson, Liberty Fire Company, was present to provide a summary of the 2011 financials for the Fire Company. The new rescue truck has been purchased and they will be closing on a low two percent (2%) interest loan soon for the remaining balance of One Hundred Fifty Thousand Dollars ($150,000.00) due.
Charles Burkholder, Burkholder Golf Cart Sales and Repairs at 101 Clearview Drive, Ephrata, and Ezra Martin were present as well as Randy Maurer, Associated Building Inspections and Barry Wagner, Zoning Officer. Discussion occurred regarding the original building permit application submitted, which showed a battery and tire storage area and that the PA Uniform Construction Code (UCC) requires installation of a ventilation system for battery charging and specific tire spacing/separation for the approximate twenty four (24) tires being stored. The designated shop area must also have a ventilation system due to the gas tanks and batteries on the carts which are to be serviced. After further discussion Mr. Burkholder and Mr. Martin indicated they will comply with all regulation and resubmit Engineer sealed drawing for review and approval.
Fred made a motion to approve that Barry Wagner, Zoning Officer shall meet with the Planning Commission to develop and review Ordinances to implement regulating Agri-tainment and Alternate Energy at to be scheduled meetings. Ray seconded the motion and all voted yes.
Brenda was directed to call Mike Fisher, Newholl Development, 662 West Main Street regarding the stock piling of fill on the property and they need to comply with Erosion and Sediment Control through the Conservation District. Brenda was also directed to contact the Conservation District asking for assistance with enforcement.
Meeting Adjourned at 8:30 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
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Chairman Rick Kochel called to order the Earl Township Board of Supervisors meeting, held on Monday, June 6, 2011, at 7 p.m. The following were present: Rick Kochel, Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Fred made a motion to approve the May 2nd, 12th and June 2, 2011 minutes, Ray seconded and all voted yes.
Public Comment:
Kathy Ashcroft, 133 Maple Drive, worked as a poll watcher at the Garden Spot Village polling location for approximately six (6) hours on Election Day with no noticed problems and the election was very well run. Kathy stated she believe that all of the Supervisors will eventually be replaced with Garden Spot Village residents, due to the convenience to those residents to vote at that facility. Kathy stated the all Township residents should be offered the same level of convenience and access in voting, particularly to the buggy and bicycle voters who currently are not afforded this same level of service. Rick stated the concern is noted, but the County selects the voting location and Rick re-enforced the need of every resident to enact their right to vote. Bob Winegardner, 254 Orchid Court, the Judge of Elections stated that Garden Spot Village has six different horse ties at the facility and stated no other location in the Township is going to provide that. Kathy stated that no direction signs were posted for the horse ties.
Jim Cox, Elanco Library stated the Summer Reading program will kick-off on June 9th. The Around the World Event will be held on June 13th. The Library Board meeting will be held on June 15th at 6 p.m.
Police Report:
Chief Don Bowers presented the May 2011 police report. Chief Bowers introduced Mark Willwerth, who was awarded the 2010 Outstanding Officer of the Year, by the Lancaster County Chiefs of Police Association. Jonathan Heisse has been promoted to Lieutenant for the New Holland Police Department.
The Supervisors reviewed the letter submitted regarding a traffic hazard created by on-going yard sales in the area of SR 322 and Gristmill Road. The Township will notify the residents of the Ordinance, which restricts the number of yard sales to only two (2) per year. This should greatly reduce the traffic hazard.
Chief Bowers inquired if the Supervisors would consider applying for a PENNDOT Grant to purchase a speed box, which is a speed awareness box and it greatly reduces speeding in the display area. The Supervisors will review the request.
The Annual Covered Bridge Metric Century Ride will be held on August 21, 2011.
Martindale Fire Co. Report:
Chief Tony Groff presented the May 2011 Fire Co. report. Martindale Community Day is scheduled for June 18, 2011.
Supervisors reviewed the following Plan and request:
The Norman and Sharon Martin, 528 New Holland Road, Major Storm Water Management Plan was reviewed and the following were requested:
a. Conditional Plan approval. Ray made a motion to grant conditional approval of the Major Storm Water Management Plan contingent upon the comments of the Township’s Engineer, Zoning Officer, Road Master and the L.C.P.C. Fred seconded the motion and all voted yes.
b. Approve signing the Storm Water Management Agreement. No action taken, to allow Solicitor Cassidy time to review the Agreement.
The April 24th – May 22, 2011, written zoning report was submitted and will be filed in the office.
Fred made a motion to advertise the proposed Zoning Ordinance amendment of Section 1203 – Off Street Parking, and the elimination of the curbing and sidewalk regulations in the Ordinance for adoption. Ray seconded the motion and all voted yes. The amendment will be submitted to the L.C.P.C. for review and recommendation.
The Supervisors reviewed the Sewage Enforcement Officer’s letter dated May 16, 2011 to DEP responding to the complaint about the on-lot sewage system and the private water system at the Log Cabin Court Mobile Home Park (LCCMHP) located at 3709 Division Highway. The Supervisors are continuing to encourage that this property connects to the public sewer system in a timely manner.
Brenda reported the current contract for purchasing electricity will expire in December 2011, which was through the Lancaster County Purchasing Co-Op. The County is not extending that contract and has secured its electricity purchase through the Pennsylvania League of Cities and Municipal Utility Alliance. Brenda stated it is not a pooled rate and will be based on our own usage, but we will be able to combine the Township, Sewer and Water Authority’s accounts to obtain the best rate on the kilowatt and then separate contracts would be processed. Brenda was directed to submit the paperwork to obtain the quotes for review.
The Supervisors acknowledged the Petition from Benuel L and Barbara J Stoltzfus, 233 Voganville Road, requesting to enroll their approximately fifty one acre (51) property in the Earl Township Agricultural Security Area.
The next Town Hall meeting is scheduled at the Martindale Fire Company, 527 Gristmill Road on Monday July 18, 2011 at 7:00 p.m. Brenda will advertise this public meeting.
Fred made a motion to approve the partial release of Improvement Guarantee Funds for the Pioneer Hi-Bred, 982 New Holland Road, Land Development Plan, in the amount of Thirty Two Thousand Seven Hundred Fifty Eight Dollars and Forty Eight Cents ($32,758.48). Ray seconded the motion and all voted yes. The balance remaining shall be Two Thousand Five Hundred Dollars ($2,500.00).
Ray made a motion to sign the Lancaster County Conservation District (LCCD) Memorandum of Understanding (MOU) between the LCCD and the Township, which indicates both parties’ responsibilities regarding earth moving activities. Fred seconded the motion and all voted yes.
The Supervisors reviewed the Lancaster County Drug Task Forces first quarter of 2011 activity report.
The Supervisors reviewed the following Lancaster County Conservation District’s plan approval or deficiencies and inspection reports of earth moving activities:
a. NewHoll Development, 662 West Main Street.
The Supervisors reviewed the PA DEP Surface Mining Permit corrections for Burkholder Quarry.
Receipts received in May were in the amount of $415,498.15 in the General Fund.
Ray made a motion to pay the expenses in the General and the Payroll Funds (Checks #12829-12882, #6480-6502) in the amount of $150,879.80 and the payroll taxes electronically transferred in the amount of $11,233.18, Rick seconded and all voted yes.
Meeting adjourned at 8:20 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Chairman Rick Kochel called to order the Earl Township Board of Supervisors meeting, held on Tuesday, July 5, 2011, at 7 p.m. The following were present: Rick Kochel, Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Ray made a motion to approve the June 6, 2011 minutes, Fred seconded and all voted yes.
Public Comment:
Jim Cox, Elanco Library stated the Summer Reading program has 881 kids and 136 adults enrolled, which is a record for both. A book sale will be held at the Car Show, which is scheduled at the New Holland Park. An emergency response plan is being drafted with the New Holland Police Department. The first annual New Holland Quest Fest and Scavenger Hunt with local businesses will be held on August 13, 2011.
Eric Bannon, 5 Runway Avenue, inquired if the fencing of the property located at 662 West Main Street is the doing of the Township. A meeting was held on-site with the property’s owner, the Lancaster County Conservation District and Township Officials, to address the non-compliance of erosion and sediment controls and the dumping of fill. The property owner agreed to cease all acceptance of fill and to fence the property until at a minimum that an Erosion and Sediment Control Plan has been approved.
Police Report:
Chief Don Bowers presented the June 2011 police report.
Officers John Yanarella and Mark Willwerth have been promoted to Sergeants of the New Holland Police Department.
Martindale Fire Co. Report:
The June 2011 Fire Co. report was submitted. An Open House is scheduled for July 23rd from 10:00 a.m. until 2:00 p.m. and the Supervisors are invited to attend.
Supervisors reviewed the following Plans and requests:
George Lower, LRHA, presented the Harold Wissler, 329 Wissler Road, Major Storm Water Management Plan and requested the following:
- Conditional Plan approval. Ray made a motion to grant conditional approval of the Major Storm Water Management Plan contingent upon the comments of the Township’s Engineer, Fred seconded and all voted yes.
- Approve signing the Storm Water Management Agreement. Fred made a motion for the Chairman to sign the Storm Water Management Agreement, Ray seconded and all voted yes.
- Fred made a motion to approve the Improvement Guarantee in the amount of Nine Thousand One Hundred Forty Nine Dollars ($9,149.00), Ray seconded and all voted yes.
The Norman and Sharon Martin, 528 New Holland Road, Major Storm Water Management Plan and the following were requested: (Plan approval was received on June 6, 2011)
- Approve signing the Storm Water Management Agreement. Fred made a motion for the Chairman to sign the Storm Water Management Agreement, Ray seconded and all voted yes.
- Ray made a motion to approve the Improvement Guarantee in the amount of Twenty Five Thousand Nine Hundred Ninety One Dollars and Twenty Four Cents ($25,991.24), Fred seconded and all voted yes.
Mike Swank, Steckbeck Engineering & Surveying Inc., and Wendy Fulton, Keith Corporation presented the Tractor Supply Company (TSC), 725 East Main Street, Preliminary/Final Land Development Plan and requested the following:
- Waiver request of SALDO Section 308 – Preliminary Plan requirement. Ray made a motion to grant approval of waiving the Preliminary Plan requirement, contingent upon the comments of the Township’s Engineer. Fred seconded and all voted yes.
- Waiver request of SALDO Section 602.N – The sidewalk requirement along road frontage, specifically SR 023 frontage. Ray made a motion to defer the requirement to install sidewalk along the SR 0023 frontage to the future developer of the land, contingent upon the comments of the Township’s Engineer. Fred seconded the motion and all voted yes.
- Waiver request of SALDO Section 602.M & 602.K - N – The curbing requirement along road frontage, specifically SR 023 frontage. Fred made a motion to defer the requirement to install curbing along the SR 0023 frontage to the future developer of the land, contingent upon the comments of the Township’s Engineer. Ray seconded the motion and all voted yes.
- Waiver request of SALDO Section 602.M – The curb height requirement on the Tractor Supply lot. Fred made a motion to grant approval of waiving the curb height requirement to six inch (6”) high along the interior of the lot and Spartan Drive for the areas, which are outside of the Township’s ROW and will not be dedicated to the Township. Ray seconded the motion and all voted yes.
- Waiver request of SALDO Section 602.M – The curbing requirement along road frontage, specifically the undeveloped Tower Road frontage. Ray made a motion to defer the requirement to install curbing along the Tower Road frontage to the future developer of the land, except at the Tractor Supply lot and contingent upon the comments of the Township’s Engineer. Fred seconded the motion and all voted yes.
- Waiver request of SALDO Section 602.N – The sidewalk requirement along road frontage, specifically the undeveloped Tower Road frontage. Fred made a motion to defer the requirement to install sidewalk along the Tower Road frontage to the future developer of the land, except at the Tractor Supply lot and contingent upon the comments of the Township’s Engineer. Ray seconded the motion and all voted yes.
- Waiver request of SALDO Section 602.M – The curbing requirement along road frontage, specifically the undeveloped Spartan Drive frontage. Ray made a motion to defer the requirement to install curbing along the undeveloped Spartan Drive to the future developer of the land, except at the Tractor Supply lot and contingent upon the comments of the Township’s Engineer. Fred seconded the motion and all voted yes.
- Waiver request of SALDO Section 602.N – The sidewalk requirement along road frontage, specifically the undeveloped Spartan Drive frontage. Fred made a motion to defer the requirement to install sidewalk along the undeveloped Spartan Drive frontage to the future developer of the land, except at the Tractor Supply lot and contingent upon the comments of the Township’s Engineer. Ray seconded the motion and all voted yes.
- Conditional approval of the Preliminary/Final Land Development Plan. Ray made a motion to grant conditional approval of the Preliminary/Final Land Development Plan, contingent upon the comments of the Township’s Engineer, Zoning Officer, Road Master and the L.C.P.C. Fred seconded the motion and all voted yes.
The truck traffic entering the thirty-six foot (36’) Spartan Drive from Tower Road and then circles around the building and exiting from the north drive onto Tower Road turning left towards SR 0023 was discussed. The trucks movements exiting turning left onto Tower Road and the trucks turning right into Spartan Drive must be reviewed. The northern driveway will be signed for deliveries only, no customer traffic.
The Road Master is agreeable to Tower Road being constructed to eighteen feet (18’) wide from SR 0023 to the northern point of the Tractor Supply lot. The road will then transition after the culvert to sixteen feet (16’) wide for the remainder of the undeveloped lot, which shall be widened to eighteen feet (18’) upon that parcel being developed. The Road Master suggested any public sewer extension should be coordinated with the Tower Road improvements to avoid cutting and digging a newly paved road. Fred and Solicitor Cassidy reported that unfortunately there is no timeline in place for the proposed Log Cabin Mobile Home Parks (LCCMHP) sewer extension, which makes it very difficult to hold up the TSC road improvement requirements.
The May 22nd – June 19, 2011, written zoning report was submitted and will be filed in the office.
Solicitor’s Report:
Solicitor Cassidy reported the proposed Zoning Ordinance amendment of Section 1203 – Off Street Parking, and the elimination of the curbing and sidewalk regulations from the Ordinance, has been advertised for adoption at the August 1, 2011 meeting.
The Supervisors reviewed the Sewage Enforcement Officer’s June report and noted sewer check and tanks pumping at the (LCCMHP) located at 3709 Division Highway. The Supervisors are continuing to encourage that this property connects to the public sewer system in a timely manner.
Brenda reported that the Lancaster County Farmland Trust has stated that the Petition from Benuel L and Barbara J Stoltzfus, 233 Voganville Road, to enroll their approximately fifty one acre (51) property into the Earl Township Agricultural Security Area (ASA), may be processed under the 180-Day Procedure. Under the 180- Day Procedure no further action is required by the Board of Supervisors and the property will automatically become a part of the ASA, upon expiration of the (180) days.
Fred made a motion to approve purchasing a Crime Policy with Travelers Insurance, with limits of Four Hundred Thousand Dollars ($400,000.00) coverage, which covers computer and funds transfer fraud at a cost of Five Hundred and Eighty Nine Dollars ($589.00) annually. Ray seconded the motion and all voted yes.
Fred made a motion to sign the David and Amanda Beiler, 147 Voganville Road, Echo Housing Agreement, Ray seconded and all voted yes.
The next Town Hall meeting is scheduled at the Martindale Fire Company, 527 Gristmill Road on Monday July 18, 2011 at 7:00 p.m. Brenda has advertised this public meeting.
The Supervisors reviewed the receipt of the DEP Act 101 Recycling Program Performance Grant in the amount of Two Thousand Seven Hundred and Eight Dollars ($2,708.00) for the 2009 calendar year.
Fred made a motion to approve the full release of Improvement Guarantee Funds for the New Covenant Mennonite Church, 529 East Farmersville Road, Land Development Plan, in the amount of Five Thousand Two Hundred Five Dollar and Four Cents ($5,205.04). Ray seconded the motion and all voted yes.
Ray made a motion to acknowledge that Real Marq-Newholl Development, 662 West Main Street, granted the Township a time extension until November 8, 2011, to review the Preliminary/Final Land Development Plan. Fred seconded and all voted yes.
Fred made a motion to acknowledge that Petra Christian Fellowship Church, 565 Airport Road, granted the Township a time extension until October 4, 2011, to review the Preliminary Lot Add-On, Subdivision and Land Development Plan. Ray seconded the motion and all voted yes.
The Supervisors reviewed the following Lancaster County Conservation District’s plan approval or deficiencies and inspection reports of earth moving activities:
a. NewHoll Development, 662 West Main Street.
b. Rosedale Subdivision, Airport Road and South Kinzer Avenue.
Receipts received in June were in the amount of $109,847.87 in the General Fund.
Fred made a motion to pay the expenses in the General and the Payroll Funds (Checks #12884-12933, #6503-6523) in the amount of $121,585.49 and the payroll taxes electronically transferred in the amount of $7,614.70, Ray seconded and all voted yes.
Meeting adjourned at 8:30 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Chairman Rick Kochel called to order the Earl Township Board of Supervisors meeting, held on Monday, August 1, 2011, at 7 p.m. The following were present: Rick Kochel, Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Fred made a motion to approve the July 5, 2011 minutes, Ray seconded and all voted yes.
Public Comment:
Kathy Ashcroft, 133 Maple Drive, New Holland, inquired what the Lancaster County TIP Plan is and what improvements are proposed for SR 322. Rick stated that the TIP is a County Plan of all proposed road improvements, which would include any improvements necessary to SR 322 for the proposed Lancaster General Hospital.
Police Report:
Chief Don Bowers presented the July 2011 police report.
The Garden Spot Village Marathon is schedule for on March 31, 2012.
Martindale Fire Co. Report:
Chief Groff presented the July 2011 Fire Co. report. The Pig Roast is scheduled for August 20th at 10:00 a.m. and until sold out.
Supervisors reviewed the following Plans and requests:
Roger Fry, Fry Surveying Inc. presented the John Horning, 158 North Shirk Road, Lot Add-On Plan and requested the following:
- Conditional approval of the Lot Add-On Plan. Fred made a motion to grant conditional approval of the Lot Add-On Plan, contingent upon the comments of the Township Engineer, Ray seconded and all voted yes.
- Approval of the Chairman signing the PA DEP Sewage Facilities Planning Module. Ray made a motion to approve RESOLUTION NO. 2011-08 and for the Chairman to sign the PA DEP Sewage Planning Module, Fred seconded and all voted yes.
Robert Murphy, Larson Design Group, presented the Petra Christian Fellowship Church, 565 Airport Road, Preliminary, Lot Add-On, Subdivision and Land Development Plan and requested the following.
- Waiver request of SALDO Article VII – Traffic Impact Study (TIS) requirement. Fred made a motion to grant approval to modify/waive the requirements related to the preparation of a TIS as outlined in the Ordinance and agreed to modify the scope of the TIS as indicated in the letter dated July 21, 2011. Ray seconded the motion and all voted yes.
Diehm & Sons Inc requested approval for the Chairman to sign the PA DEP Sewage Planning Module for the Nolt Gas, 656 North Shirk Road, Preliminary/Final Subdivision and Land Development Plan. Ray made a motion to approve RESOLUTION NO. 2011-08 and for the Chairman to sign the PA DEP Sewage Planning Module, Fred seconded and all voted yes.
The Supervisors reviewed the Tractor Supply Company (TSC), 725 East Main Street, Preliminary/Final Land Development Plan and acted on the following:
- Fred made a motion to approve the Chairman sign the Retaining Tank Maintenance Agreement, Ray seconded and all voted yes.
- Ray made a motion to approve the Improvement Guarantee in the amount of Two Hundred and Six Thousand, Five Hundred Seventy Five Dollars and Thirty Cents ($206,575.30), Fred seconded and all voted yes.
- The Supervisors discussed that TSC is investigating possibly installing and using an on-site well for irrigation of landscaping plants, which will need further review.
Road Master’s Report:
Lee reported the North Shirk Road storm water management project will cost more than budgeted due to the rock encountered during digging. All of the storm water pipe has been installed and the paving will be completed soon.
Fred made a motion to send a letter to the Lancaster County Metropolitan Planning Organization (MPO) supporting Ephrata Township’s decision to request including improvements to SR 322 in the MPO Twelve Year Transportation Plan. Ray seconded the motion and all voted yes.
Lee reported he will be chip seal coating starting Tuesday August 2, 2011.
Zoning Officer’s Report:
The June 26th – July 17, 2011, written zoning report was submitted and will be filed in the office.
Solicitor’s Report:
Solicitor Cassidy presented the advertised for adoption Ordinance No. 2011-02, which is an amendment of Section 1203 – Off Street Parking requirements, and the elimination of the curbing and sidewalk regulations from the Ordinance. Fred made a motion to adopt ORDINANCE NO. 2011-02 AN ORDINANCE AMENDING CHAPTER 27 OF THE EARL TOWNSHIP CODE OF ORDINANCES KNOW AS THE EARL TOWNSHIP ZONING ORDINANCE OF 1996 TO AMEND THE DEFINITION OF THE TERM “GROSS FLOOR AREA”, TO DELETE SECTIONS OF THE ZONING ORDINANCE ADDRESSING REQUIREMENTS FOR CURBS AND SIDEWALKS WHICH ARE REDUNDANT TO REQUIREMENTS STATED IN THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE, AND TO REVISE THE CRITERIA FOR THE REQUIRED NUMBER OF OFF-STREET PARKING SPACES FOR RETAIL SALES OR OFFICE USE. Ray seconded the motion and all voted yes.
The Supervisors reviewed the Sewage Enforcement Officer’s July report and noted sewer check and tanks pumping at the (LCCMHP) located at 3709 Division Highway. The Supervisors are continuing to encourage that this property connects to the public sewer system in a timely manner.
The Supervisors reviewed the information provided by the Lancaster County Tax Collection Bureau (LCTCB) regarding adopting new Ordinances, which are relative to Act 32 Earned Income Taxes; particularly whether to start taxing the nonresidents an earned income tax. After some discussion the Supervisors tabled action to allow reviewing the information more thoroughly and they may have a representative from the L.C.T.C.B. explain the changes in detail.
Ray made a motion to waive Western Heights Water Authority’s, 840 Walnut Street, Zoning Permit Fee for the construction of the new well house in the amount of Seventy Two Dollars and Eighty Cents ($72.80), Rick seconded and the motion carried. Fred abstained due to being the Chairman of the Western Heights Water Authority. The building code agency Associated Building Inspections also waived Seven Hundred Dollars ($700.00) of the One Thousand Three Hundred Sixty Five Dollars ($1,365.00) for inspections.
Ray made a motion to set the mileage reimbursement rate effective July 1, 2011 at the Federal rate of $0.555, Fred seconded and all voted yes.
Fred made a motion to approve the partial release of Improvement Guarantee Funds for the Hoover Diesel Services, 118 South Shirk Road, Land Development Plan, in the amount of Twenty Two Thousand Five Hundred and Ninety Dollars ($22,590.00). Ray seconded the motion and all voted yes. The balance remaining shall be Seven Thousand Five Hundred Fifty Five Dollars ($7,555.00).
Ray made a motion to approve the partial release of Improvement Guarantee Funds for the New Holland Recreation Center, 123 North Shirk Road, Land Development Plan, in the amount of Five Thousand Five Hundred Dollars ($5,500.00). Fred seconded the motion and all voted yes. The balance remaining shall be Two Thousand Two Hundred Dollars ($2,200.00).
The Supervisors acknowledged receipt of a copy of Liberty Fire Company’s 2007-2008 audit report from the Auditor General.
The Supervisors reviewed the letter from Senator Brubaker congratulating the Township on the 2009 Recycling Performance Grant monies received.
The Supervisors reviewed the following Lancaster County Conservation District’s plan approval or deficiencies and inspection reports of earth moving activities:
a. NewHoll Development, 662 West Main Street.
Receipts received in July were in the amount of $89,397.89 in the General Fund.
Fred made a motion to pay the expenses in the General and the Payroll Funds (Checks #12934-12971, #6524-6543) in the amount of $104,628.57 and the payroll taxes electronically transferred in the amount of $7,608.93, Ray seconded and all voted yes.
Meeting adjourned at 8:25 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on August 11, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler and Ray Martin.
Melvin Stoltzfus, Meadow Creek Welding, 221 Jalyn Drive was present to request a waiver of the land development planning process to expand the office building twenty-five by fifty feet (25’ X 50’) on existing impervious area. Some of the off street parking spaces will need to be relocated for the expansion. Mr. Stoltzfus stated he is currently using forty-five percent (45%) of lot coverage and the Ordinance allows for eighty percent (80%) maximum lot coverage. After more discussion Rick made a motion to conditionally waive the land development planning process, contingent upon that Meadow Creek Welding shall remaining within the allowed maximum lot coverage requirement, and safely maintain the required number of off street parking spaces according to the current Ordinances, and providing an As-Built Plan of the completed improvements which shall be recorded in the County Records of Deeds Office. Fred seconded the motion and all voted yes. A Zoning/Building Permit shall be obtained and shall be in compliance with all PA Uniform Construction Code regulations for this project.
The Supervisors reviewed the year to date budgets of the General Fund and the Liquid Fuels Fund in particular the overage for the Shirk Road and Huyard Rd storm water project. The Supervisors approved that Lee may proceed with the project by utilizing the funds budgeted for the Reidenbach Road project in the General Fund rather than continuing the overage in the Liquid Fuels Fund.
Fred reported that a Regional Wellhead Protection meeting may be scheduled for all the Municipal Officials in the ELANCO District to update everyone on the progress of the Wellhead Protection Plan. The general public will also be invited to attend a meeting to be informed of the proposed Plan.
Meeting Adjourned at 8:25 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
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Chairman Rick Kochel called to order the Earl Township Board of Supervisors meeting, held on Tuesday, September 6, 2011, at 7 p.m. The following were present: Rick Kochel, Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Fred made a motion to approve the August 1st and 11th, 2011 minutes, Ray seconded and all voted yes.
Police Report:
Chief Don Bowers presented the August 2011 police report.
The Garden Spot Village Marathon is schedule for on March 31, 2012 and requested closing Mentzer Road and holding traffic on Ranck Road from 8:00 – 8:15 a.m. Fred made a motion to close Mentzer Road from 8:00 a.m. until 10:00 a.m., and to hold traffic on Ranck Road between Weaver Boulevard and East Earl Road from 8:00 – 8:15 a.m., for the March 31, 2012 Marathon. Ray seconded the motion and all voted yes.
Martindale Fire Co. Report:
The written August 2011 Fire Co. report was submitted and will be filed in the office.
Supervisors reviewed the following Plans and requests:
Ted Kromley, Diehm & Sons Inc., presenting the Nolt Gas, 656 N Shirk Rd, Final Subdivision and Land Development Plan and requesting the following:
- Waiver request of SALDO Section 308 – Preliminary Plan submission requirement. Fred made a motion to grant the modification to the Preliminary Plan submission requirement, contingent upon the comments of the Township Engineer. Ray seconded the motion and all voted yes.
- Waiver request of SALDO Section 403.C.3 and 403.C.5 – Existing features and significant environmental features within 200’ of the subject tract requirements. Ray made a motion to grant the modification of providing the existing features within 200’ of the proposed lot being developed for the Nolt Gas use, contingent upon the comments of the Township Engineer. Fred seconded the motion and all voted yes.
- Waiver request of SALDO Section 602.K.4 – Improvement to existing streets requirement. Fred made a motion to grant conditional approval of waiving the requirement to improvement the existing street, contingent upon the comments of the Township Engineer and Road Master. Ray seconded the motion and all voted yes.
- Waiver request of SALDO Section 602.M – Curbs required along all parking compounds and access drives requirement. Ray made a motion to grant the modification to the curbing, contingent upon the comments of the Township Engineer. Rick seconded the motion and all voted yes.
- Waiver request of SWMO Section 303.A.5 – Maximum of 24 hours dewatering time requirement. Fred made a motion to grant the modification to the basin dewatering time, contingent upon the comments of the Township Engineer. Ray seconded the motion and all voted yes.
- Waiver request of SWMO Section 303.I – Minimum of one (1’) foot from crown of pipe to subgrade requirement. Ray made a motion to grant the modification to the requirement of a minimum of one foot (1’) cover from the subbase be provided for storm pipes, contingent upon the comments of the Township Engineer. Fred seconded the motion and all voted yes.
- Waiver request of SWMO Section 304.F.2 – Minimum 48” depth to limiting zone for infiltration facilities requirement. Fred made a motion to grant the modification to the requirement of providing forty-eight inches (48”) between the bottom of the infiltration facility and the limiting zone, contingent upon the comments of the Township Engineer. Ray seconded the motion and all voted yes.
- Conditional approval of the Preliminary/Final Land Development Plan. Ray made a motion to grant conditional approval of the Preliminary/Final Subdivision and Land Development Plan contingent upon the comments of the Township’s Engineer, Road Master and L.C.P.C. Fred seconded the motion and all voted yes.
- Fred made a motion to approve Improvement Guarantee in the amount of One Hundred Seventy Nine Thousand Three Hundred Ninety Two Dollars and Twenty Nine Cents ($179,392.29), Rick seconded the motion and all voted yes.
- Ray made a motion to approve that the Chairman shall sign the Storm Water Management Agreement, Fred seconded and all voted yes
Road Master’s Report:
Lee reported the North Shirk Road storm water management project is working well by draining the recent ground water runoff.
Lee reported that he will attend the L.C.P.C. Transportation Improvement Plan meeting scheduled for September 12, 2011 at noon, to show support of including the improvements to SR 322 between Hinkletown and through Ephrata Township into the MPO Twelve Year Transportation Plan
Lee reported that most of the summer work has been completed, with the micro-surfacing and line painting to be scheduled soon.
Lee reported that the Gristmill Road re-alignment only needs some minor grass seeding completion yet this year and that the wearing paving course will be scheduled for 2012.
Zoning Officer’s Report:
The July 24th – August 21, 2011, written zoning report was submitted and will be filed in the office.
Zoning Hearing scheduled on September 12, 2011 is as follows:
Melvin Stoltzfus, 221 Jalyn Drive – Requesting a variance of the maximum permitted floor area for residential accessory building and of the maximum building height requirement.
Solicitor’s Report:
Solicitor Cassidy reported he reviewed the Tower Road Deed of Dedication document and he requested changes and then resubmission of the document. The Spartan Drive Deed of Dedication may never be required so no further action or review is necessary at this time.
Solicitor Cassidy stated he has reviewed and recommends approval of signing the Tractor Supply Company’s Parking Easement Abandonment document, when it is presented to the Board of Supervisors.
The Supervisors reviewed the Sewage Enforcement Officer’s August report and noted the sewer check and tanks pumping at the (LCCMHP) located at 3709 Division Highway. Fred reported that the EDUs purchased by Dr. Chadaga will require paying the Guarantee of Capacity fee starting in September, which is one hundred percent (100%) of the per EDU Users fee. Dale said the holding tanks are being pumped, but the tanks are being routinely pushed to the capacity.
Ray made a motion to approve the 2012 Pension’s Minimum Municipal Obligation (MMO) in the amount of Thirty Six Thousand Four Hundred Ninety Five Dollars ($36,495.00), Fred seconded the motion and all voted yes.
Fred made a motion to approve the partial release of Improvement Guarantee Funds for the Our Lady of Lourdes Catholic Church, 150 Water Street, Land Development Plan, in the amount of Twelve Thousand Three Hundred Seventy Five Dollars ($12,375.00). Ray seconded the motion and all voted yes. The balance remaining shall be Two Thousand Five Hundred Dollars ($2,500.00).
Ray made a motion to approve the full release of Improvement Guarantee Funds for the Harold Wissler, 329 Wissler Road, Storm Water Management Plan, in the amount of Nine Thousand One Hundred Forty Nine Dollars ($9,149.00). Fred seconded the motion and all voted yes.
Fred made a motion to grant the ninety (90) day time extension for SOCO Townhouses, Airport Road, to record the Land Development Plan, Ray seconded and all voted yes. This Plan will now expire November 30, 2011.
Fred made a motion to sign a Statement of support for our American soldiers serving in the National Guard and Reserve, Ray seconded and all voted yes.
The Supervisors acknowledged receipt of a copy of Martindale Fire Company’s 2007-2009 audit report from the Auditor General.
The Supervisors reviewed the DEP reimbursement for enforcing the PA Sewage Facilities Act (SEO) in the amount of Nine Thousand Thirty Six Dollars and Twenty Four Cents ($936.24).
Fred reported the Wellhouse low bid was in the amount of Seventeen Thousand One Hundred Dollars, the Western Heights Water Authority must approve the bid and then construction may start.
Receipts received in August were in the amount of $154,975.41 in the General Fund.
Fred made a motion to pay the expenses in the General and the Payroll Funds (Checks #12972 - 13031, #6544-6559) in the amount of $138,289.53 and the payroll taxes electronically transferred in the amount of $7,607.51, Ray seconded and all voted yes.
Meeting adjourned at 8:30 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on September 8, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler and Ray Martin.
Aaron Beiler, 915 W Main Street and Roger Fry, Fry Surveying Inc., were present to discuss the progress of the storm water management under an existing NPDES Plan, which is being overseen by the Lancaster County Conservation District. The shared access drive is currently twelve foot (12’) macadam and six to eight foot (6’ to 8’) stone, the Township Ordinance requires the shared access drive to be sixteen feet (16’). After some discussion it was determined the stone width will remain and may stay stone due to it is already compacted and dust free. Mr. Beiler is submitting a new Plan to construction a new commercial building and to subdivide the existing houses on Walnut Street from the 915 West Main Street property. A cistern is proposed to be utilized for storm water management for the commercial building rather than installing a basin. Mr. Beiler is requesting approval to start construction on the cistern and the foundation pills for the commercial building pole barn prior to the Plan Recording. After further discussion the Supervisors stated Mr. Beiler may start on the underground improvements prior to the Recording of the Subdivision and Land Development Ordinance at Mr. Aaron Beiler’s own risk if the Plan isn’t approved as currently presented.
Bill Clisham, New Holland Borough Council Police Committee was present to provide an update on the Police Department operation. Mr. Clisham stated that Jonathan Heisse was promoted to Lieutenant, and Mark Willwerth and John Yanarella were promoted to Sergeants. The twelve hours shifts and the tiered levels of authority are working very well. An area for which the Police department will be over budget is in the vehicle fuel and vehicle purchases, because they are purchasing two (2) vehicles rather than one (1) budgeted, due to the Crown Victorias are being discontinued.
Fred made a motion to approve signing the Tractor Supply Company, 725 E Main Street, Parking Easement Abandonment document, which abandons the proposed parking spaces on an abutting lot and is no longer needed since adopting new off street parking regulations. Ray seconded the motion and all voted yes.
Meeting Adjourned at 9:00 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
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Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on September 22, 2011 at 7:00 a.m. Present were Rick Kochel, Ray Martin, Lee Zimmerman, Road Master, Doug Plank and Chuck Haley, ELA Group Inc.
Robert Murphy, Edward J. Baszczewski and Jesse E. Smith, Larson Design Group, Mike Fisher, Newholl Development, 662 West Main Street, were present to discuss the Traffic Impact Study and to prepare for the meeting scheduled with PENNDOT on October 5th. Doug Plank stated he wants a left turn lane on SR 0023. The SR 0023 traffic signals are coordinated through New Holland Borough and the project should have no affect on the signals. Doug stated he is okay if the signal timing isn’t required to be changes. The traffic appears to be split 50/50 coming from west from New Holland and east from Earl Township. The flagship store is a Dollar General Store and they are hoping for occupancy in 2012, the other uses possible retail and a restaurant are proposed for later construction maybe even in 2014. The new use Dollar General Store doesn’t appear to generate enough traffic to warrant a traffic signal at the property.
Craig Smith, and Josh Millman, RGS were present to discuss the proposed new Waste Water Treatment Plant (WWTP) for Allouette Cheese, Zausner Foods, 350-400 S Custer Avenue. The WWTP is proposed for the on the 350 S Custer Avenue property, which located at the corner of Orlan Road and S Custer Avenue. Mr. Smith stated in discussion with Barry Wagner, Zoning Officer it was determined the WWTP would be a permitted use under the regulation as a principle use and would require no further zoning approvals. This facility will replace the existing WWTP at 400 S Custer Avenue, which is to be demolished to provide space to expand their production operation. The WWTP is proposed to discharge to the New Holland Borough Waste Water Treatment Plan (NHWWTP), due to an existing sewer main is on the property. The Earl Township Sewer Authority was presented the proposed project at their September 8, 2011 meeting and will need to make a recommendation to the Supervisors on sending the sanitary sewer flow to the NHWWTP. The lot is proposed to be subdivided and eventually developed with an additional use at the corner of Orlan Road and S Custer Avenue, in approximately ten (10) years. Mr. Smith inquired if street and curb improvements could be delayed until the corner area is developed. Chuck stated the widening and curbing will be looked at up to just past the access drive for the WWTP when the Plan is submitted. The Township will review the Plan, with New Holland Borough’s review or deferral of review approval to the Township.
Rick asked Lee about storm water runoff at Ronald Steinmetz, 144 Redwell Road property. Rick stated he received a complaint from Mr. Steinmetz about the runoff washing out his property, which is endangering his pool and deck. Lee reported the property is receiving a large quantity of storm water for the discharge pipe. Lee stated to alleviate the problem additional storm water cross pipes up stream would need to be installed and would more evenly distribute the water discharge. ROW Easements for that discharge would need to be acquired from property owners up stream. Mr. Steinmetz sold these lots for development, which greatly contribute to the increased water runoff and without securing Easements. After more discussion it was determined that Rick will ask Mr. Steinmetz to speak with his neighbors requesting that they work with the Township by providing the ROW Easements to take some of the water runoff discharge.
Chuck Haley reported the MS4 is extended and a letter of intend will be due March of 2012 and possibly the mapping being due in 2013. The Environmental Protection Agency and the Pa Department of Environmental Protection haven’t finalized the mapping requirement yet. Since Earl Township already has facilities mapped in a Geographical Information System (GIS), Chuck stated it may cost approximately Five Thousand Dollars ($5,000.00) in 2012 to meet these requirements.
Terry Hackman, LCTCB was present to review the Act 32 of 2008 law requires the restructuring of the Earned Income Tax (EIT) and Municipalities must pass new Ordinances to be consistent with the new law set forth in Act 32. The Supervisors must also determine if they want to implement an EIT collection on nonresidents, a nonresident EIT is a tax imposed on employees who work within the municipality, but reside elsewhere. The municipality generally retains the difference between the nonresident EIT rate and the combined resident EIT rate applicable to an employee. Most of the time the combined resident EIT rate applicable to an employee equals or exceeds the applicable nonresident EIT rate, which would lead to the municipality to receive nothing in collecting a nonresident EIT. To adopt the new EIT Ordinance to meet Act 32 mandates requires one publication of such notice in a newspaper of general circulation within such political subdivision. To adopt the nonresident EIT and meeting all Act 32 mandates advertisement requires publication of such notice once a week for three weeks in a newspaper of general circulation. The Supervisors directed Brenda to place the Act 32 EIT item on the October 3rd meeting agenda for advertisement action.
Meeting adjourned at 9:40 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
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Chairman Rick Kochel called to order the Earl Township Board of Supervisors meeting, held on Monday, October 3, 2011, at 7 p.m. The following were present: Rick Kochel, Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Fred made a motion to approve the September 6th, 8th and 22nd, 2011 minutes, Ray seconded and all voted yes.
Public Comment:
Donald Arndt, 731 West Main Street, is concerned about the proposed storm water basin for the proposed Re-Uzit Shop’s parking lot on 721 West Main Street property. Mr. Arndt is concerned that the water will lie in the bottom of the basin and impact/infiltrate into his basement. Rick and Fred stated the engineers will design the storm water facility to drain in a certain amount as permitted by the state. The lay of the land indicates the flow will be away from Mr. Arndt’s residence. Mr. Arndt also believes the land surveying pins may be incorrect, Roger Fry, Fry Surveying offered to meet with Mr. Arndt to review all aspects of the proposed Land Development Plan and discuss any concerns.
Police Report:
Chief Don Bowers presented the September 2011 police report.
Martindale Fire Co. Report:
Chief Groff presented the September 2011 Fire Co. report. Lavern Martin presented a year to date budget update and the proposed 2012 Operating Budget and the 2012 Fire Relief Budgets for review.
Supervisors reviewed the following Plans and requests:
Roger Fry, Fry Surveying Inc., presenting the Aaron Beiler, 915 W Main St, Preliminary/Final Subdivision and Land Development Plan and requesting the following:
- Waiver request of SALDO Section 308 – Preliminary Plan submission requirement. Ray made a motion to grant the modification to the Preliminary Plan submission requirement, Fred seconded and all voted yes.
- Waiver request of SALDO Section 602.K.2 – Improvement to streets requirement. Fred made a motion to grant conditional approval of deferring the requirement to improvement the street, until the subject tract is subdivided in accordance to the Sketch Plan provided and contingent upon the comments of the Township Engineer and Road Master. Ray seconded the motion and all voted yes.
- Conditional approval of the Preliminary/Final Land Development Plan. Fred made a motion to grant conditional approval of the Preliminary/Final Subdivision and Land Development Plan contingent upon the comments of the Township’s Engineer, Road Master and L.C.P.C. Ray seconded the motion and all voted yes.
Tom Matteson, Diehm & Sons, provided a copy of the waiver request of the Land Development Planning process for Dr. Melvin Wenger, Conestoga Animal Hospital, 113 Martindale Road to Ephrata Township. A very small portion of this property is located within Earl Township boundary. Ray made a motion to defer the planning to Ephrata Township on the Dr. Wenger, Conestoga Animal Hospital, 113 Martindale Road building expansion, Fred seconded and all voted yes.
Pastor Jeff Pretz and Lowell Groff representing the ELANCO Social Services Network informed the Supervisors that they will be providing services to needy people within the ELANCO Region. They have filed for incorporation and drafted By-Laws; and they are also will be filing for non-profit status. They and are requesting the Supervisors consider a contribution in their 2012 budget. The operation will be headquartered for the two years at the Garden Spot Village house located at 441 South Kinzer Avenue.
The August 28th – September 18, 2011, written zoning report was submitted and will be filed in the office.
Zoning Hearing scheduled on October 10, 2011 is as follows:
Continuation of Melvin Stoltzfus, 221 Jalyn Drive – Requesting a variance of the maximum permitted floor area for residential accessory building and of the maximum building height requirement.
Solicitor’s Report:
Ray made a motion to advertise for adoption a one half percent (.5%) resident only Earned Income Tax (EIT) Ordinance, which is in compliance with Act 32 of 2008 and is an unchanged tax rate. Fred seconded the motion and all voted yes.
The Supervisors reviewed the Sewage Enforcement Officer’s September report.
Brenda reported that the new two (2) year electric contract obtained is for a rate of $0.074211 per s/kWH and uses ten percent (10%) wind energy. The contract expiring in December 2011 was at the rate of $0.1169 s/kWH.
Ray made a motion to approve the partial release of Improvement Guarantee Funds for the Norman and Sharon Martin, 528 New Holland Road, Storm Water Management Plan, in the amount of Twenty Four Thousand Four Hundred Ninety One Dollars and Twenty Four Cents ($24,491.24). Fred seconded the motion and all voted yes. The balance remaining shall be One Thousand Five Hundred Dollars ($1,500.00).
Fred made a motion to approve the full release of Improvement Guarantee Funds for the Louis Martin, 413 Reidenbach Road, Land Development Plan, in the amount of Five Hundred Dollars ($500.00). Ray seconded the motion and all voted yes.
Fred made a motion to acknowledge that the Re-Uzit Shop, 707 & 721 West Main Street, granted the Township a time extension until November 28, 2011, to review the Preliminary/Final Land Development Plan, Ray seconded and all voted yes.
Ray made a motion to acknowledge that Petra Christian Fellowship, 565 Airport Road, granted the Township a time extension until February 7, 2012, to review the Preliminary Lot Add-On, Subdivision and Land Development Plan. Fred seconded the motion and all voted yes.
Fred made a motion to acknowledge that Real Marq-Newholl Development, 662 West Main Street, granted the Township a time extension until February 7, 2012, to review the Preliminary/Final Land Development Plan. Ray seconded the motion and all voted yes.
Brenda stated the Auditor General’s audit report on the Turn-back Program was received for the South Custer Avenue bridges at Mill Creek and Groff Run.
The Supervisors reviewed the Lancaster County Drug Task Forces second quarter of 2011 activity report.
The Lancaster County-wide Trick or Treat Night will be held on Monday October 31st from 6:00 – 8:00 p.m.
Receipts received in September were in the amount of $155,746.99 in the General Fund.
Fred made a motion to pay the expenses in the General and the Payroll Funds (Checks #13032 - 13082, #6560-6580) in the amount of $129,506.52 and the payroll taxes electronically transferred in the amount of $7,774.08, Ray seconded and all voted yes.
Meeting adjourned at 8:20 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on October 6, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler and Ray Martin.
John Komancheck, 141 Greentree Drive was present to discuss the storm water runoff impacting his property. The storm water runoff has increased since the installation of the public sewer system and the road was repaved. The farmer Jim Martin, 637 New Holland Road is also being washed out and has huge ruts in his field. The Conservation District helped fund a green grass way at one area of the farm, but the other side of the farm from Mr. Komancheck’s property is still being affected. Mr. Komancheck extended the waterway and installed very large stones, which were washed out during the recent storms. Fred recommends that the Township to install a pipe to redirect the water into the grass strip that the Conservation District planned. Rick stated they will have to look at the design and costs to determine if it is feasible for the Township to assist. Ray stated he wants to be sure the fix doesn’t impact another property and the problem is just being move from one to another. Brenda was directed to contact the Conservation District and ask if they will assist in designing/planning and funding another water way on Jim Martin’s farm.
Brenda was directed to draft a letter to A Ronald Steinmetz, 144 Redwell Road, to ask him to be instrumental and assist in getting his neighbors to provide ROW Easements to drain and redirect some of the water runoff, and too invite him to a meeting if he desires to discuss the storm water further.
David Seibel, Cozy Cabins, 455 East Farmersville Road was present to request a waiver of the land development planning process to construct an fifty foot (50’) extension to his existing building. The current Recorded Land Development Plan allowed for a thirty three thousand square foot (33,000 sq.ft.) building and he has only to date constructed an eighteen thousand square foot (18,000 sq.ft.) building. The number of parking spaces required and handicap accessibility will not be impacted. After further discussion Ray made a motion to waive the land development planning process for the fifty foot (50’) building addition for Cozy Cabins at 455 East Farmersville Road, contingent upon Mr. Seibel provides an As-Built Plan of the proposed improvement to the Township Office and Records the Plan in the Lancaster County Recorder of Deeds Office. Fred seconded the motion and all voted yes. Brenda was directed to research the tree buffer requirement for the corner of the property, which was possibly required due to the outdoor storage.
Lee presented a proposal to install gutter guards and snow guards on the Township Office building from the following:
Horst Exteriors - $3,966.00
J Law Siding - $1,960.00
Fred made a motion to award the work to J Law Siding in the amount of One Thousand Nine Hundred Sixty Dollars to install gutter guards and snow guards on the Township Office building, Ray seconded and all voted yes.
Brenda was directed to locate a copy of the current State storm water regulations to review against our current Ordinance.
Meeting adjourned at 9:30 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
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Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on October 13, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler and Ray Martin.
The purpose of the meeting was to work on the 2012 budget.
Ray made a motion to advertise for adoption an amendment to the Park and Recreation Ordinance to exempt any Residential subdivision or land development plan that will total no more than one (1) dwelling unit or one (1) lot subdivision in any zoning district from the requirement of contributing land or a fee in lieu of land. Fred seconded the motion and all voted yes.
Meeting adjourned at 9:30 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on October 20, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler and Ray Martin.
The purpose of the meeting was to work on the 2012 budget.
Brenda was directed to contact Selective Insurance regarding the snow plow damaged January 12, 2011, which has not been reimbursed by the Insurance Company.
Meeting adjourned at 9:20 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on October 27, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler and Ray Martin.
The purpose of the meeting was to work on the 2012 budget.
Brenda was directed to draft a letter to Garden Spot Village (GSV) regarding the road improvement requirements to South Kinzer Avenue, during their Land Development Planning process. A waiver was granted to complete those road improvements in five to seven (5 - 7) years and to be completed along with the west campus development. The Supervisors wish to schedule a meeting with GSV to discuss the South Kinzer Avenue roadway.
Brenda was directed to request Rate Schedules from our current Engineers, Legal Counsel, Barry Wagner and Dale High for review.
Brenda was directed to contact PSATS legal department and the MPC to determine the procedures or requirement to have legal counsel present at hearings or meetings.
Meeting adjourned at 9:30 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
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Chairman Rick Kochel called to order the Earl Township Board of Supervisors meeting, held on Monday, November 7, 2011, at 7 p.m. The following were present: Rick Kochel, Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Fred made a motion to approve the October 3rd, 6th, 13th, 20th, 27th and November 3, 2011 minutes, Ray seconded and all voted yes.
Public Comment:
Kathy Ashcroft, 133 Maple Drive, inquired how she can get the Road Department to cut down trees/branches on her property. Lee stated only trees/branches which are deemed hazardous to travel on the roadway will be removed by the Road Department; any deemed none hazardous are the responsibility of the property owner.
Police Report:
Chief Don Bowers presented the October 2011 police report.
Martindale Fire Co. Report:
Chief Groff presented the October 2011 Fire Co. report.
Supervisors reviewed the following Plans and requests:
Roger Fry, Fry Surveying Inc., presented the James O Nolt and Philip B Weaver, 544 & 546 N Railroad Avenue, Preliminary/Final Subdivision and Land Development Plan and requested the following:
- Waiver request to defer the Storm Water Management Planning until the site is developed. Fred made a motion to recommend granting the deferment of the Storm Water Management Planning, until the site is developed, Ray seconded and all voted yes.
- Approval of the Chairman signing the DEP Sewage Facilities Planning Module. Ray made a motion to sign Resolution No. 2011-08 the DEP Sewage Planning Module, Fred seconded and all voted yes.
- Conditional approval of the Preliminary/Final Subdivision and Land Development Plan. Fred made a motion to recommend granting conditional approval of the Preliminary/Final Subdivision and Land Development Plan, contingent upon the comments of the Township’s Engineer, Road Master and L.C.P.C. Rick seconded the motion and all voted yes.
When the site is developed they propose utilizing a composting toilet, due to the property is high in nitrates.
Roger Fry, Fry Surveying Inc., presented the Ervin M Zimmerman, 232 Wanner Rd, Preliminary/Final Subdivision Plan and requested the following:
- Approval of the Chairman signing the DEP Sewage Facilities Planning Module. Ray made a motion to conditionally grant approval to sign Resolution No. 2011-08 the DEP Sewage Planning Module, contingent upon receipt of the completed Nutrient Management Plan and the Conservation Plan. Fred seconded the motion and all voted yes.
- Waiver request of the requirement to dedication land or fee in lieu of land for Parks and Recreation for this one lot subdivision. Fred made a motion to recommend granting a waiver of the requirement to dedicate land for Parks and Recreation and of submitting payment of a fee in lieu of land, for this first lot subdivided from the parent property. Ray seconded the motion and all voted yes.
- Conditional approval of the Preliminary/Final Subdivision and Land Development Plan. Fred made a motion to recommend granting conditional approval of the Preliminary/Final Subdivision and Land Development Plan contingent upon the comments of the Township’s Engineer, Road Master and L.C.P.C. Ray seconded the motion and all voted yes.
The September 25th – October 23, 2011, written zoning report was submitted and will be filed in the office.
Solicitor’s Report:
Ray made a motion to adopt Ordinance No. 2011-03 An Ordinance levying a tax on earned income and net profits to requiring tax returns; requiring employers to withhold and remit tax; and related provisions. Fred seconded the motion and all voted yes. This Earned Income Tax (EIT) Ordinance, is in compliance with Act 32 of 2008 and the tax rate is unchanged.
Solicitor Cassidy reported the draft amendment to the Park and Recreation Ordinance, which provides an exemption for the first new dwelling unit or first new residential lot subdivided, has been drafted for adoption after being reviewed by the Lancaster County Planning Commission and will be advertised for adoption.
Solicitor Cassidy reported that the purchase limits requiring official bidding have been raised to Eighteen Thousand Five Hundred Dollars (18,500.00) from Ten Thousand Dollars ($10,000.00) and telephone bids are required for purchases from Ten Thousand up to Eighteen Thousand Five Hundred Dollars ($10,000.00 - $18,500.00), to be effective January 1, 2012.
The Supervisors reviewed the Sewage Enforcement Officer’s October report. The Supervisors updated Solicitor Cassidy on the continued sewage problems in the Log Cabin Mobile Home Park and the Supervisors want the sewage system permanently fixed.
Fred made a motion to advertise that the 2012 Budget is available for public review and is scheduled for adoption at the December 5, 2011 Supervisors meeting. Ray seconded the motion and all voted yes.
Ray made a motion to approve the full release of Improvement Guarantee Funds for the New Holland Recreation Center, 123 N Shirk Road, Land Development Plan, in the amount of Two Thousand Two Hundred Dollars and Fourteen Cents ($2,200.14). Fred seconded the motion and all voted yes.
Fred made a motion to approve the full release of Improvement Guarantee Funds for the Hoover Diesel Services, 118 S Shirk Road, Land Development Plan, in the amount of Seven Thousand Five Hundred Fifty Five Dollars ($7,555.00). Ray seconded the motion and all voted yes.
Fred made a motion to acknowledge that the Re-Uzit Shop, 707 & 721 West Main Street, granted the Township a time extension until February 27, 2012, to review the Preliminary/Final Land Development Plan, Ray seconded and all voted yes.
Ray made a motion to grant the ninety (90) day time extension for SOCO Townhouses, Airport Road, to record the Land Development Plan, Rick seconded and all voted yes. This Plan will now expire February 28, 2012.
Brenda reported the receipt of Three Thousand Two Hundred Thirty Four Dollars and Eight Four Cents ($3,234.84) for 2010 Pension Sate Aid due to underpayment/underreported.
The Supervisors moved to executive session at 8:10 p.m. to complete employee reviews, the regular session reconvened at 8:20 p.m.
Receipts received in October were in the amount of $54,239.57 in the General Fund.
Fred made a motion to pay the expenses in the General and the Payroll Funds (Checks #13083 - 13145, #6581-6609) in the amount of $287,169.37 and the payroll taxes electronically transferred in the amount of $10,771.61, Ray seconded and all voted yes.
Meeting adjourned at 8:30 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
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Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on November 3, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler, and Ray Martin.
The purpose of the meeting was to work on the 2012 budget.
Lee was present to suggest that the Supervisors consider outfitting the 2003 F250 Pick-up truck with a plow and salt hopper in 2013 for approximately Ten Thousand Dollars ($10,000.00), to prepare for plowing the Rosedale Subdivision upon dedication and due to the potential of other developments in the near future. Lee suggested the Earl Township Sewer Authority (ETSA) purchase the plow and hopper, due to he has been plowing the Sewer Treatment Plant and Pump Stations at no charge for many years. Fred directed Brenda to have this proposed purchase as an ETSA’s agenda item.
Lee presented purchasing an AT&T phone plan, including 1500 voice minutes, unlimited texting for two (2) phones and a third phone with voice minutes, unlimited texting, plus Data for Lee at a cost of $49.52 per line per month. After much discussion, Joy was directed to verify this plan Lee had quoted is available to the ETSA and Fred stated he would get a recommendation from the ETSA on a new phone plan.
Brenda reminded the Supervisors that we don’t have a sidewalk snow removal policy/Ordinance in place. The Supervisors directed Lee and Brenda to coordinate with New Holland Borough and draft an Ordinance for review.
Tom Plitt, 242 Orchid Court, asked the Supervisors to approve the Sixty Dollars ($60.00) fee for PSATS training for incoming newly elected Officials, schedule in December. The Supervisors agreed the training is beneficial and will formally approve the expense after the election being held on November 8, 2011.
A budget meeting will be held on November 10, 2011.
Meeting adjourned at 9:15 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on November 10, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler, Ray Martin, and Lee Zimmerman.
The purpose of the meeting was to work on the 2012 budget.
Fred made a motion to approve a three percent (3%) raise resulting in the following wages for 2012:
Lee Zimmerman's salary at ($65,590.16) and the hourly rates for Ray Reiff - $20.09, Seasonal Workers - $14.73, Doug Snader and Jerry Brackbill at $30.23, Brenda Becker - $23.93, Joy Oberholtzer - $15.41 and Gloria Hollinger - $22.32 per hour. Ray seconded the motion and all voted yes.
The Supervisors discussed the on-lot sewage system for Log Cabin Mobile Home Park, 3709 Division Highway and their concerns regarding that the system isn’t working properly. Fred reported that the owner Dr. Chadaga purchased 53.76 EDU’s in September 10, 2008 in the amount of Three Hundred Forty Nine Thousand Four Hundred Forty Dollars ($349,440.00), to guarantee sewer capacity in the Earl Township Sewer Treatment Plant. Fred reported that Dr. Chadaga now is requesting the Tapping Fee to be refunded, due to it is not financially feasible for him to connect to the public sewer system. The Supervisors discussed that on-lot sewer systems are overseen by the Township and that they want the system repaired to operate correctly permanently. They directed that Dale High, SEO to inspect the system on a weekly basis and to increase the holding tanks pumping as needed.
Brenda distributed the contracted services 2012 Rate Schedules she has received to date.
The Supervisors approved having a Community Map developed at no cost to the Township. The businesses in and around the Township will be contacted to purchase advertisements in the Map, which would then to distributed to the residents and businesses.
Brenda reported that the New Holland Shopping Center, 626 West Main Street has a large water leak again on their property and Joy has called them requesting that the leak be repaired.
Meeting adjourned at 8:45 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on November 17, 2011 at 7:00 a.m. Present were Rick Kochel, Fred Wissler, Ray Martin, and Lee Zimmerman.
Steve Lindsey, Garden Spot Village (GSV) and Mark Hackenburg, RGS Associates, were present to discuss the South Kinzer Avenue road improvements. The Township is scheduling in 2012 to overlay South Kinzer Avenue in the area of Airport Road, which was re-aligned. Mr. Hackenburg reported that Phase III required that the east side of South Kinzer Avenue to be widened and due to elevation issues the full road will need to be rebuilt. To generate the revenue to make the road re-build economically feasible, the west campus was to be developed. Mr. Lindsey reported that unfortunately due to the falling housing market the west campus development was delayed longer than anticipated. Mr. Hackenburg reported that northern portion of the west campus, which is located in New Holland Borough is being planned to be developed and that the Borough wants a through road from Orlan Street to Weaver Boulevard. This road is potentially designed to encroach into the Township even though it is proposed as a Borough road. This Borough owned road could be addressed through an inter-municipal agreement, which would assign the road to be maintained by New Holland Borough, relieving the Township of any obligation. Ray stated that it has already been eight (8) years since the GSV development had required that South Kinzer Avenue should have been improved and he is concerned that much more time may pass prior to the road improvement occurring. Lee stated the curbing and overlay are proposed for the re-alignment area and asked if GSV is willing to participate in a co-operative road improvement project for the entire stretch of South Kinzer Avenue to the Borough line. Steve stated that if the Township is agreeable to an inter-municipal agreement for the proposed road in the west campus, then they are willing to investigate and determine if funding can be obtained for the South Kinzer Avenue widening/rebuild. Easements and Right of Ways will need to be obtained from other property owners in the area of the widening. Fred stated he wants an official agreement in place for the new road encroaching into the Township and Ray concurred that an agreement is required. GSV was proposing a boulevard with an island/median as a traffic calming device on South Kinzer Avenue and the island would be maintained by GSV. Lee stated that farmers are concerned how they would navigate their equipment if there is an island installed and Lee suggested painting road marking instead of the island. Rick inquired who is responsible for the curbing of the island, which Mr. Hackenburg stated are typically the owner’s responsibility. Lee stated that Township Ordinances make the property owners responsible for sidewalks and curbs. The islands/median curbing could be maintained by GSV through an agreement. Mr. Hackenburg stated they will want conduit installed for long range planning of a future traffic signal. GSV will work on drafting the necessary agreements and present them for review. The Township is agreeable to the paving work and maybe the reclamation and the purchase of the materials under co-operative agreement with GSV. Work is proposed to begin in the summer of 2012.
Fred reported that Solicitor Cassidy contacted him to schedule a meeting with Solicitor Zwally from Harrisburg regarding Log Cabin Mobile Home Park. Brenda was directed to have the meeting schedule with all Supervisors on Thursday December 1st.
Ray reported a resident on School Lane complained about the parking on both sides of School Road and that it is unsafe to travel that road and also through the intersection at North Shirk Road.
Lee reported that a new radar system for traffic signals is being developed and may be tested at the Newholl Development site at 662 West Main Street. Lee was directed to inquire about the setup and testing option.
Lee inquired if the Sewer Authority discussed purchasing a plow for the Township’s pick-up truck; since the Township has been plowing the Authority’s facilities for many years. Fred reported that the Authority is investigating purchasing the plow for themselves to do their own plowing. Fred asked Rick how much a plow would cost.
Meeting adjourned at 8:55 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
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Chairman Rick Kochel called to order the Earl Township Board of Supervisors meeting, held on Monday, December 5, 2011, at 7 p.m. The following were present: Rick Kochel, Fred Wissler, Ray Martin, Lee Zimmerman and Solicitor Cassidy.
Fred made a motion to approve the November 7th, 10th, 17th, 2011 minutes, Ray seconded and all voted yes.
Police Report:
Sergeant Willwerth presented the November 2011 police report.
Martindale Fire Co. Report:
Deputy Chief Lavern Zimmerman presented the November 2011 Fire Co. report.
Supervisors reviewed the following Plans and requests:
The Bruce and Susan Martin, 1884 Division Highway, Ephrata, Lot Add-On Plan was reviewed for the requested approval of the Plan.
- Conditional approval of the Lot Add-On Plan. Fred made a motion to recommend granting conditional approval of the Lot Add-On Plan contingent upon the comments of the Township’s Engineer and L.C.P.C. Ray seconded the motion and all voted yes.
The Alert All, 164 Orlan Road, Minor Land Disturbance application was reviewed for the requested approval.
- Conditional approval of the Minor Land Disturbance Permit. Fred made a motion to grant conditional approval of the Minor Land Disturbance Permit, contingent upon the comments of the Township’s Engineer, seconded by Ray and all voted yes.
The October 23rd – November 20, 2011, written zoning report was submitted and will be filed in the office.
Solicitor’s Report:
Fred made a motion to adopt Ordinance No. 2011-04 An Ordinance amending chapter 22 of the earl township code of ordinances KNOWN AS THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE, PROVIDING FOR AN EXEMPTION TO THE REQuIREMENT OF MANDATORY DEDICATION OF PARK AND RECREATIONAL LAND OR A FEE IN LIEU OF DedICATION for contiguous properties held in single and separate ownership FOR creation of THE FIRST DWELLING UNIT OR FIRST NEW RESIDENTIAL LOT. Ray seconded the motion and all voted yes.
Solicitor Cassidy reported that the Log Cabin Mobile Home Park, 3709 Division Highway, on-lot sewage system is continuing to be monitored. Fred asked Dale High, SEO if there is still a problem with the on-site sewage system and Dale reported that there is a sewer problem. Fred made a motion to require that the Log Cabin Mobile Home Park’s holding tanks pumping reports are to be provided to the Township Office and SEO every time the system is pumped. Ray seconded the motion and all voted yes.
The Supervisors reviewed the Sewage Enforcement Officer’s November report.
Fred made a motion to adopt that the 2012 General Fund Budget, which included no tax increase, and to sign the 2012 TAX LEVY RESOLUTION NO. 2011-09, Ray seconded and all voted yes.
Ray made a motion to adopt the 2012 Liquid Fuels Fund Budget, Fred seconded and all voted yes.
Fred made a motion to adopt the 2012 Street Light Tax Budget, which included no tax increase, Ray seconded and all voted yes.
Ray made a motion to designate the County of Lancaster as the 2012 Municipal Property Tax Collector for Earl Township; Fred seconded the motion and all voted yes.
Ray made a motion to table signing the Aaron E & Katie Beiler, 915 West Main Street, Storm Water Management Agreement, to allow the Solicitor time to review the document, which is not the Township’s approved draft form, Fred seconded and all voted yes.
Fred made a motion to approve the partial release of Improvement Guarantee Funds for the Petra Christian Fellowship, 565 Airport Road, Additional Parking Facilities Land Development Plan, in the amount of Fifty Two Thousand Two Hundred Sixty Seven Dollars and Ninety One Cents ($52,267.91). Ray seconded the motion and all voted yes. The balance remaining shall be Five Thousand Dollars ($5,000.00).
Ray made a motion to grant the ninety (90) day time extension for Nolt Gas, 656 North Shirk Road, to record the Land Development Plan, Fred seconded and all voted yes. This Plan will now expire March 5, 2012.
The Supervisors acknowledged the Petition from Groff Run Valley Trust, 918 New Holland Road approximately forty four (44) acres and 245 Mentzer Road approximately sixty three (63) acres, which is requesting to enroll their properties in the Earl Township Agricultural Security Area (ASA). Fred made a motion to utilize the one hundred and eighty day review procedure for the ASA enrollment, Ray seconded and all voted yes.
Ray made a motion to approve the following 2012 meeting dates, Fred seconded and all voted yes.
January 3rd (Tues) April 2nd July 2nd October 1st February 6th May 7th August 6th November 5th
March 5th June 4th September 4th (Tues.) December 3rd
Ray made a motion to approve the following 2012 paid Holidays, Fred seconded and all voted yes.
January 2nd Labor Day 1/2 Day on 12/24/2012
Good Friday Thanksgiving Day Christmas Day
Memorial Day the Day after Thanksgiving 1/2 Day on 12/31/2012
July 4th
The Supervisors reviewed the Lancaster County Drug Task Forces third (3rd) quarter of 2011 activity report.
The Supervisors reviewed the following Lancaster County Conservation District’s plan approval or deficiencies and inspection reports of earth moving activities:
a. NewHoll Development, 662 West Main Street.
b. Mill Creek Stream Restoration Project – Phase III (Leid Project)
Frank Ludwig, Farmland Preservation presented Supervisor Fred Wissler with a plaque of appreciation for his eighteen (18) years of service and many thanks for assisting and working with the local farmers.
Receipts received in November were in the amount of $246,013.15 in the General Fund.
Fred made a motion to pay the expenses in the General and the Payroll Funds (Checks #13146 - 13185, #6610-6622) in the amount of $121,763.38 and the payroll taxes electronically transferred in the amount of $6,910.78, Ray seconded and all voted yes.
Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Brenda S Becker, Secretary
Chairman Rick Kochel called to order the Thursday meeting of the Earl Township Board of Supervisors on December 15, 2011 at 7:00 a.m. Present were Rick Kochel, Ray Martin, and Barry Wagner, Zoning Officer.
Ezra Martin, David Zook and Sam Zook, were present to discuss the agricultural business being conducted on the Zook’s 2.3 acre property located at 430 Voganville Road. A masonry business operated at the site from 1975 until 1997. In 2006 they started operating a humus compost distribution operation, with the humus coming from Penn Valley in Lititz. The humus is stored in large bins, which is mixed for the individual customer’s soil conditions and then delivered to their farms; the product is also packaged in a few small bags. They would like to expand the humus business, but the property is at its maximum allowable impervious lot coverage, with compacted gravel, a home, barn, sheds and a chicken house. For approximately four (4) years a buggy building business has also been operating in one of the buildings. After much discussion it was determined that the humus operation, the buggy works, and an undetermined number of sheds/accessory buildings were in violation of the Earl Township Zoning Ordinance. To alleviate these violations, it was concluded that the humus operation should be presented to the Zoning Hearing Board (ZHB) as a special exception, and a variance is also necessary for structures not located at least fifty (50) feet from all property lines. The buggy operation would appear to require a variance of the uses permitted by right and by special exception within the Agricultural District. While this would appear to be an additional principal use on the property, it was discussed that if the poultry operation were eliminated as stated, the buggy operation could be considered a replacement of that use, not increasing the number of uses on the property. The Supervisors noted that the poultry barn was not an agricultural use in that it involved the cultivation of land, but equated it more to the buggy operation in terms of vehicle traffic to and from the property, noting that the buggy use could be presented to the ZHB as a less intrusive use.
Ray made a motion to adopt the GASB 54 compliant Fund Balance Policy and authorizing Brenda Becker as the Township Treasurer to assign the expenditure of the fund balance without an established minimum unassigned fund balance. Rick seconded the motion and all voted yes.
Ray made a motion to sign the Aaron & Katie Beiler, 915 West Main Street Storm Water Management Plan as presented, Rick seconded and all voted yes.
Ray made a motion to appoint to the Western Height Water Authority Board Glen Dissinger, 817 Walnut Street to the vacated term expiring December 31, 2013 and Anthony Gay, 831 Walnut Street to the vacated term expiring December 31, 2012. Rick seconded the motion and all voted yes.
Rick made a motion to appoint Harold Wissler, 329 Wissler Road to the vacated Auditor position with the term expiring December 31, 2013; Ray seconded the motion and all voted yes.
Meeting adjourned at 9:15 a.m.
Respectfully submitted,
Brenda S Becker, Secretary/Treasurer
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