Cumberland Township Minutes 2010
Minutes of the January 26, 2010 Meeting
The regular meeting was called to order at 7:00 p.m. by Chairman Waybright. Present were all Supervisors; Flo Ford, Attorney Melissa Dively, Carol Merryman, Chief Boehs, Mike Galassi, Bob Sharrah, Bernie Yannetti, David LeVan, Speros Marinos, Matt Sentz, Mr. and Mrs. Robert Plank, Erin James from the Evening Sun and Scot Pitzer from The Gettysburg Times. The meeting was tape recorded.
Chairman Waybright welcomed Randy Phiel, newly appointed Supervisor, and Melissa Dively, newly appointed Solicitor, to the meeting.
Chairman Waybright reported that the first two items on the agenda are ordinances restating the Police and Non-Uniformed Pension Plans.
Mrs. Underwood made a motion to adopt Ordinance 2010-131 seconded by Mrs. Golden. A roll call vote was taken with all Supervisors signifying aye. The motion carried.
Ordinance 2010-131
AN ORDINANCE OF CUMBERLAND TOWNSHIP RELATIVE TO THE ESTABLISHMENT AND MAINTENANCE OF THE POLICE EMPLOYEES PENSION, ANNUITY, INSURANCE AND BENFIT FUND OR FUNDS, TO AMEND CERTAIN PROVISIONS OF THE PENSION PLAN OR PROGRAM APPLICABLE TO THE POLICE OF SAID TOWNSHIP AND TO RESTATE IN ITS ENTIRETY SUCH PENSION PLAN OR PROGRAM
Mrs. Golden made a motion to adopt Ordinance 2010-132 seconded by Mr. Phiel. A roll call vote was taken with all Supervisors signifying aye. The motion carried.
Ordinance 2010-132
AN ORDINANCE OF CUMBERLAND TOWNSHIP, ADAMS COUNTY, RELATIVE TO THE ESTABLISHMENT AND MAINTENANCE OF TOWNSHIP EMPLOYEES PENSION, ANNUITY, INSURANCE AND BENEFIT FUND OR FUNDS, TO AMEND AND RESTATE THE PENSION PLAN APPLICABLE TO THE NON-UNIFORMED EMPLOYEES OF SAID TOWNSHIP IN ITS ENTIRETY
Mr. Phiel made a motion to approve the Minutes of the December 15, 2009 regular meeting, January 4, 2010 Reorganization meeting and the January 14, 2010 Emergency meeting seconded by Mrs. Underwood and carried.
Mr. Shealer made a motion to pay the bills, in the amount of $119,866.91 from the General Fund, $11,644.30 from the State Fund, $4,801.71 from the Park and Rec Fund and a $135,000.00 transfer from the Money Market Account seconded by Mr. Phiel and carried.
Mr. Speros Marinos stated that vehicular traffic is becoming louder and louder and asked the Board to take action now to alleviate some of this noise before the 150th Anniversary of the Battle of Gettysburg. He added that he does not feel that it is the township Police responsibility but, perhaps the State Police or possibly the Adams County COG.
Mr. Matt Sentz presented a yearly report of Barlow Fire Department’s activities for 2009 including 120 total calls; 41 calls in Cumberland Township and 37 calls in Mt. Joy Township. Their average turnout per call was 9 people with an average response time of 3:59. Their volunteers took 582 hours of training and spent approximately 2700 hours on 29 fundraising events. Mr. Sentz mentioned again that he wants to bring their new rescue vehicle out for the Supervisors to see.
Chief Boehs presented a written and oral report of police activities for the month of December including; 429 complaints, 34 combined arrests, 52 traffic stops and 18 traffic accidents. He added that the department patrolled 11,302 miles of road and assisted other departments 13 times and were assisted 10 times. He also reported 5,378 total complaints and 102,712 patrol miles for 2009.
Mrs. Underwood made a motion seconded by Mrs. Golden and carried to approve a Special Event permit application for the 147th Re-enactment to be held on July 2, 2010. Mr. Phiel recused himself from the vote.
Mr. Knoebel reported that the Sewage Planning Module for Robert Plank for a small flow treatment facility was discussed late last year, as well as the possibility of extending the public sewer lines and Mr. Plank has decided that he would like the module forwarded to PADEP. He added that Mr. Plank does understand that if public sewer were to come by his property, he would have to hook on. Mr. Shealer made a motion to approve the Sewage Planning Module for Robert Plank to be forwarded to PADEP for their review and approval seconded by Mrs. Underwood and carried.
Mr. Knoebel also reported that Mr. Charles Skopic is proposing a re-subdivision of Lot 7 of the Foxfield Subdivision on Foxfield Lane and there is a Sewage Planning Exemption in conjunction with this that needs to be forwarded to PADEP. He added that the S.E.O. has signed the planning exemption. Mr. Shealer made a motion seconded by Mrs. Golden and carried to approve a Sewage Planning Exemption for Charles Skopic to be forwarded to PADEP for their review and approval.
Mr. Knoebel reported that the balance of $2,500.00 being held for financial security for improvements at the D & L Enterprises storage building project on Solomon Road can now be released. Mr. Phiel made a motion to release the financial security, in the amount of $2,500.00, for D & L Enterprises seconded by Mrs. Golden and carried.
Mr. Knoebel reported that Adams County Christian Academy has requested that their financial security for a small temporary classroom building be fully released and he is recommending that this release can be made. Mrs. Golden made a motion to approve a full release of financial security, in the amount of $6,056.50, for Adams County Christian Academy seconded by Mrs. Underwood and carried.
Chairman Waybright reported that the township has been working on amending their fees and have prepared resolutions to adopt the various fee schedules. Mrs. Underwood made a motion to adopt Resolution 10-04 amending the fees and services, Resolution 10-05 establishing fees for submission, administrative processing and engineering and legal review of Subdivision and Land Development Plans, Mobile Homes and Mobile Home Parks and Resolution 10-06 establishing fees for submission, administrative processing and engineering and legal review of Stormwater Management Plans seconded by Mrs. Golden and carried. Mrs. Ford will see that the fee schedules get put on the website.
Mrs. Golden made a motion seconded by Mr. Phiel and carried to schedule and advertise a Conditional Use Hearing for Gary R. and Joyce R. Maitland for March 18, 2010 at 9:00 a.m. at the township building.
Mrs. Golden made a motion seconded by Mr. Phiel and carried to authorize Attorney Dively to advertise the Board’s intent to adopt a Mechanical Device Tax Ordinance on February 23, 2010 at 7:00 p.m. at the township building.
Mr. Phiel made a motion seconded by Mrs. Golden and carried to authorize Attorney Dively to advertise the Board’s intent to adopt a Sidewalk Ordinance on February 23, 2010 at 7:00 p.m. at the township building.
Chairman Waybright reported that the township has received a request to amend the text of the township’s MX Zoning District to add a definition for “licensed gaming facility”, adding licensed gaming facility as a permitted use and adding provisions for required off-street parking. Mr. Shealer made a motion to set the public hearing date for the MX Zoning district text amendment for March 2, 2010 at 7:00 p.m. at the township building with a public meeting to follow with consideration for approval of the request. The motion was seconded by Mrs. Underwood and carried.
Chairman Waybright also reported that the township has received a request for a text amendment to allow Assisted Living Facilities in the Residential and MX Zones. Mrs. Golden made a motion to schedule a public hearing for the Residential Zoning text change for March 23, 2010 at 6:30 p.m. at the township building seconded by Mr. Phiel and carried.
Mrs. Underwood made a motion to grant the request for a 120-day extension for approval of The Crossings I, Phase I Final Plan seconded by Mrs. Golden and carried. Approval is now needed by May 27, 2010.
Mrs. Golden made a motion to grant the request for a 120-day extension for approval of The Crossings II Preliminary Plan seconded by Mrs. Underwood and carried. Approval is now needed by May 25, 2010.
The Zoning Officer and Assistant Secretary’s reports were reviewed.
Mr. Shealer reported that there was some minor damage from the flooding. Mrs. Underwood thanked the Maintenance Department for taking care of this.
Mr. Phiel reported that the Finance Committee had its first meeting and are examining the dynamics of first quarter budget concerns and the overall budget process in light of the current economic conditions, increasing expenses and decreased reserves. He added that the committee will meet again before the next workshop and hope to have both short and longer term budget proposals for the Board to consider.
Being no further business the meeting was adjourned at 7:36 p.m. by motion of Mrs. Golden seconded by Mrs. Underwood and carried.
Minutes of the February 23, 2010 Meeting
The regular meeting was called to order at 7:00 p.m. by Chairman Waybright. Present were all Supervisors; Flo Ford, Attorney Melissa Dively, Carol Merryman, Chief Boehs, Tim Knoebel, Mike Galassi, Bernie Yannetti, Matt Sentz, Holly Martin, Tom Gilbert and Scot Pitzer from The Gettysburg Times. The meeting was tape recorded.
Chairman Waybright reported that the first order of business was the possible adoption of two ordinances as follows:
ORDINANCE 2010-133
AN ORDINANCE OF THE TOWNSHIP OF CUMBERLAND, ADAMS COUNTY, PA PROVIDING FOR THE CONSTRUCTION, MAINTENANCE AND REPAIR OF SIDEWALKS AND CURBS
Mr. Shealer made a motion to adopt Ordinance 2010-133 seconded by Mr. Phiel. A roll call vote was taken and all Supervisors voted in favor of the motion. The motion carried.
ORDINANCE 2010-134
AN ORDINANCE OF THE TOWNSHIP OF CUMBERLAND, ADAMS COUNTY, PA PROVIDING FOR A MECHANICAL AMUSEMENT DEVICE LICENSE TAX, REQUIRING LICENSING PAYMENT OF FEES AND PENALTIES
Mrs. Underwood made a motion to adopt Ordinance 2010-134 seconded by Mrs. Golden. A roll call vote was taken and all Supervisors voted in favor of the motion. The motion carried.
Mrs. Golden made a motion to approve the Minutes of the January 26, 2010 regular meeting seconded by Mrs. Underwood and carried.
Mr. Phiel made a motion to pay the bills, in the amount of $101,834.41 from the General Fund, $7,743.13 from the State Fund, $125.10 from the Park and Rec Fund and a $50,000.00 transfer from the Money Market Account seconded by Mr. Shealer and carried.
Mr. Mike Galassi expressed his appreciation to Mr. Shealer and the Road Department crew for the excellent job that they did removing the massive amounts of snow that we recently had.
Mr. Matt Sentz reported that they have been working on getting the Crown Victoria, that the Township donated to them, on the road and they could use a light bar and he noticed that the township has one for sale on the Asset Auction. The Board agreed to leave this to Chief Boehs’ discretion.
Chief Boehs presented a written and oral report of police activities for the month of January including; 514 complaints, 57 combined arrests, 72 traffic stops and 13 traffic accidents. He added that the department patrolled 8,528 miles of road and assisted other departments 12 times and were assisted 8 times.
Chairman Waybright moved to Item H on the agenda. He reported that the Cumberland Township Authority Board has two vacancies and they have recommended filling these vacancies with Mike Galassi and Tom Gilbert, both present tonight. Mrs. Underwood made a motion to appoint Mike Galassi for a one-year term expiring 12/31/10 and Tom Gilbert for a four-year term expiring 12/31/14 to the Cumberland Township Authority Board seconded by Mrs. Golden and carried.
Mrs. Underwood made a motion seconded by Mr. Shealer and carried to approve a Special Event permit application for the American Odyssey Relay Run to be held on April 23, 2010.
Mrs. Golden made a motion to adopt Resolution 10-07 authorizing the sale of the 2001 Ford Crown Victoria and 1995 Ford Crown Victoria police vehicles and a 2006 Whelen LFL Liberty LED Light Bar via Asset Auctions seconded by Mr. Shealer and carried.
Mr. Phiel made a motion to adopt Resolution 10-08 authorizing the sale of the 2005 Ford Explorer XLS 4D SUV to Hamiltonban Township for the sum of $6,000.00 seconded by Mrs. Underwood and carried.
Mrs. Golden made a motion to adopt Resolution 10-09 authorizing the sale of Township equipment (as listed) via Asset Auctions seconded by Mr. Phiel and carried.
Mr. Shealer made a motion to adopt Resolution 10-10 adopting an actuarial smoothing method for the Cumberland Township Police Retirement Plan seconded by Mr. Phiel and carried.
Mr. Shealer made a motion to adopt Resolution 10-11 adopting an actuarial smoothing method for the Cumberland Township Non-Uniformed Retirement Plan seconded by Mr. Phiel and carried.
Mr. Shealer made a motion seconded by Mrs. Underwood and carried to approve a request for extension for approval of Cumberland Village, Phase II Preliminary Plan until September 1, 2010.
Mrs. Underwood made a motion seconded by Mrs. Golden and carried to approve a request for extension for approval of Cannon Ridge, Phase III Final Plan until September 1, 2010.
Mr. Shealer asked Mr. Knoebel if there has been any action on the Wayne D. and Susan C. Hill former Rudisill Property Plan and the Preserves at Plum Run Plan. Mr. Knoebel reported that the last review letter was dated April 10, 2008 and there have been no revised plans submitted since that time and he told the Board that they should take the same action on both plans because they can’t do one without the other. Mr. Shealer made a motion to deny the request for extension for the Wayne D. and Susan C. Hill former Rudisill Property Plan based on their failure to address the April 10, 2008 comments from KPI Technology seconded by Mr. Phiel and carried. Mr. Shealer also made a motion to deny the Wayne D. and Susan C. Hill former Rudisill Property Final Plan based on their failure to address the April 10, 2008 comments from KPI Technology seconded by Mrs. Underwood and carried.
Mrs. Golden made a motion to deny the request for extension for the Wayne D. and Susan C. Hill Preserve at Plum Run Revised Final Plan based on their failure to address the August 14, 2008 comments from KPI Technology seconded by Mr. Shealer and carried. Mrs. Golden also made a motion to deny the Wayne D. and Susan C. Hill Preserve at Plum Run Revised Final Plan based on their failure to address the August 14, 2008 comments from KPI Technology seconded by Mrs. Underwood and carried.
Mrs. Underwood made a motion seconded by Mr. Phiel and carried to approve a request for extension for approval of the Grandview Station Preliminary Plan until September 1, 2010.
Mrs. Underwood made a motion to approve Mr. Jerry Neth’s request to rescind the Subdivision Plans for the Jerry Neth (Phillip O. Neth) property seconded by Mr. Phiel and carried.
Mrs. Golden made a motion seconded by Mrs. Underwood and carried to approve a request for extension for approval of the Charles E. and Lynn H. Skopic Re-subdivision of Lot 7 Final Plan until September 1, 2010.
Mr. Phiel made a motion seconded by Mrs. Underwood and carried to adopt Resolution 2010-12 for the endorsement of the Journey through Hallowed Ground Partnership’s Civil War 150th Living Legacy Program.
Mrs. Ford reported that the paperwork for the possible reimbursement for expenses incurred for the two snow storms will be completed and sent in to the County tomorrow.
Mrs. Underwood reported that a debriefing was held following the two snow storms to identify any weaknesses and determine how to correct them for when the next big storm comes along and in that regard Ken Kuntz will be working on in-house contact lists.
Mr. Phiel reported that he, Mrs. Ford and Mr. Shealer will be going to Harrisburg on Thursday (weather permitting) to see about grant money from the State for financial planning.
The Zoning Officer and Assistant Secretary’s reports were reviewed.
At 7:45 p.m., Chairman Waybright adjourned the regular meeting for an Executive Session to discuss a legal matter and stated that there will be nothing to report when the meeting is reconvened.
At 8:30 p.m., Chairman Waybright reconvened the regular meeting.
Being no further business the meeting was adjourned at 8:30 p.m. by motion of Mrs. Golden seconded by Mrs. Underwood and carried.
Minutes of the March 18, 2010 Workshop Meeting
The workshop meeting was called to order at 8:30 a.m. by Chairman Waybright. Present were all Supervisors; Attorney Melissa Dively, Carol Merryman, Chief Boehs, Tim Knoebel and Scot Pitzer from The Gettysburg Times.
Mr. Knoebel reported that a request has been made for the Board to reconsider their denial of the Preserves at Plum Run and Wayne and Susan Hill Plans and the developer does have a right to appeal the decision. This item is on the agenda for Tuesday night’s meeting and can be discussed further and handled at that time.
Attorney Dively reported that the Board of Supervisors is given the authority by the Second Class Township Code and Sunshine Act to set policies and procedures regarding how public hearings are conducted. She added that the Planning Commission had done so at their last meeting and they had limited public comment to five (5) minutes, asked that a group have one spokesperson unless there is new information that the spokesperson did not cover to limit redundancies and to have the solicitor conduct the hearing. There was some discussion about whether public comment should be limited to residents and taxpayers of Cumberland Township and it was agreed to leave that to the solicitor’s discretion. Mr. Shealer made a motion to set the following procedures for public hearings: comment period shall be limited to five (5) minutes, a group shall have one spokesperson unless there is different information not given by the spokesperson and the solicitor shall conduct the hearing. The motion was seconded by Mrs. Underwood and carried.
Mr. Shealer stated that he will not be in attendance at the meeting next Tuesday and he would like to discuss the complaint filed by Wesley Harlow on Sachs Road regarding damage done to his driveway by the snowplow. He reported that the road crew was doing reverse plowing because of the bad drifting and the plow blade caught the corner of the concrete and lifted it up. He added that there was nothing reinforcing the concrete and appeared to already be cracked. He stated that the township’s policy has always been that the homeowner is responsible for their driveway up to the point that it touches the macadam. Mrs. Golden asked how many complaints were received and Mr. Shealer reported that he had received two complaints and she felt that the township should be responsible for the damage. This item is on the agenda for Tuesday evening’s meeting and the Board will give this some consideration between now and then.
At 8:50 a.m. Chairman Waybright recessed the workshop meeting for the first public hearing scheduled for a Conditional Use application for Gary and Joyce Maitland who wish to build a single-family detached dwelling in the “MX” Mixed-Use district. Please see the transcript for the entire record of the hearing.
At 9:10 a.m. the public hearing was closed by Attorney Dively and the workshop meeting was reconvened.
Mr. Knoebel discussed the requests for extension. He reported that there are two Grandview Station plans and the request is for the three-lot subdivision plan and not the land development plan. He added that the plan may be ready for action and he will check on that between now and Tuesday. He also reported that there is progress on the Pickett’s Choice plan by virtue of other development in the area. They are moving forward with their pump station to facilitate St. Francis.
Mrs. Golden asked Mr. Pitzer to mention in the newspaper that Ken Murdock from IESI will be attending Tuesday’s meeting to hear concerns and answer any questions regarding their trash collection services
Mr. Phiel reported that the Finance Committee is in the process of preparing an application to the State’s Department of Community and Economic Development for a 50% matching grant for the preparation of a Five-Year Fiscal Plan.
At 9:20 a.m. the workshop meeting was recessed for a public hearing on a proposed text amendment to the township’s Zoning Ordinance by adding a definition for Licensed Gaming Facility; by adding Licensed Gaming Facility as a use permitted in the “MX” Mixed-Use District; and adding provisions for required off-street parking. There were approximately sixty people present for the hearing. Please see the transcript for the entire recording of the hearing.
At 10:47 a.m. Attorney Dively closed the public hearing.
At 11:00 a.m. Chairman Waybright reconvened the recessed workshop meeting.
Chairman Waybright stated that the first order of business is a decision on the Maitland’s Conditional Use application.
Mr. Phiel made a motion to approve the Conditional Use application with their understanding that any use permitted in the MX district can come in next door to them seconded by Mrs. Underwood and carried.
Chairman Waybright stated that the next item on the agenda is a decision on the proposed text amendment for gaming facilities and that a hearing was held on the proposal this morning.
Attorney Dively added that it was duly advertised, pursuant to the MPC, that the text amendment would be considered for adoption at the conclusion of the public hearing at the reconvened meeting.
Mr. Shealer made a motion to approve the text amendment to the Zoning Ordinance to permit gaming facilities seconded by Mr. Phiel. Attorney Dively also stated, for the record, that Board member Golden has stepped out pursuant to her recusal. Mr. Shealer stated that he listened very carefully to everyone’s comments and took into consideration what was being asked by the developer and will base his decision on that. Mrs. Underwood stated that she appreciates everyone’s comments and opinions and she is very mindful of the Township’s SALDO. Mr. Phiel stated that those who know him and know his background of thirty years with the National Park Service and with the re-enactment know that probably no one gives more priority and credence to history in this community than he does, he was born and bred here and this is not a light decision but, in listening to all the parties and considering all the facts all ready given that is how he will base his decision. A roll call vote was taken as follows: Mr. Shealer voted in favor, Mr. Phiel voted in favor, Chairman Waybright voted in favor and Mrs. Underwood voted in favor. The motion carried.
Being no further business the workshop meeting was adjourned at 8:30 p.m. by motion of Mr. Phiel seconded by Mr. Shealer and carried.
___________________________
Carol A. Merryman, Asst. Secretary
Minutes of the March 23, 2010 Meeting
At 7:00 p.m., Chairman Waybright called a public hearing to order to take comment on a proposed text amendment to the Zoning Ordinance to allow Assisted Living Facilities to be developed in the Residential and Mixed Use zones. Please see transcript for entire record of the hearing.
The regular meeting was called to order at 7:04 p.m. by Chairman Waybright. Present were Supervisors Underwood, Golden and Phiel; Flo Ford, Attorney Melissa Dively, Carol Merryman, Tim Knoebel, Bill Naugle, Mike Galassi, Bob Sharrah, Attorney Bob Campbell, Wayne Hill, Ken Murdock – IESI, Tom Stang – Waste Management, six township residents and Scot Pitzer from The Gettysburg Times. The meeting was tape recorded. Mr. Shealer was absent.
Mrs. Underwood made a motion to approve the Minutes of the February 23, 2010 regular meeting seconded by Mrs. Golden and carried.
Mr. Phiel made a motion to approve the Minutes of the March 18, 2010 workshop/meeting seconded by Mrs. Golden and carried.
Mrs. Underwood made a motion to pay the bills, in the amount of $178,909.50 from the General Fund, $21,524.98 from the State Fund and a $50,000.00 transfer from the Money Market Account seconded by Mr. Phiel and carried.
Mr. Al Ferranto, 501 Knight Road, stated that he wants a copy of the Minutes put on the website before they are acted upon (or read out loud) so that he can discuss/comment on them before they are approved. Attorney Dively stated that there is no legal requirement for the Minutes to be read at the meeting. Mrs. Golden explained that the Minutes are only a public document after they are approved and the Supervisors would make any needed corrections and Mr. Ferranto could comment on the issues, not on the Minutes. Mr. Ferranto also asked that the agenda be put on the website prior to the meeting. Mrs. Ford stated that the agenda can and is changed up until the time of the meeting and we do not have an IT person in-house so it would be difficult to get our contracted IT person to do it that quickly. Mrs. Ford added that the agenda is always here and she would be happy to mail it or email it as we send to the newspaper reporters and others who request it. Mr. Ferranto also expressed his concern with the public hearing on the text amendment for the gaming facilities being held on Thursday morning and felt that it could have been held in the evening. He also expressed a concern with the fact that the Board voted for the text amendment that did not include conditions and felt that it was unfair and undemocratic. He announced that he feels that something has to be done and he is starting “Concerned Citizens of Cumberland Township” and anyone who wishes to join is welcome. He added that they will be attending the meetings and playing a role in their township. He stated that he feels that no consideration was given to the comments that were given at the hearing when a decision was made twenty minutes after the hearing.
Mr. John Longanecker, 10 Windbriar Lane, lifetime resident, asked to be allowed to express his point of view on gambling. He stated that he did not understand how the Board collects and surveys the sentiments of the people without doing a survey and feels that democracy is in limbo. He read a prepared statement regarding his opposition to gambling stating that it is the epidemic pestilential disease of our times and is spiraling out of control in our country. He asked the Board if Abraham Lincoln’s opinion on gamblers was relevant, if the Board cares where the slot machines are manufactured and why not direct people who need work in this area to one of the 50+ farms in Southeastern PA.
Mike Galassi, 121 Twin Lakes Drive, stated that the hearing was not to take comments on a proposed casino. It was to take comments on a text amendment to permit licensed gaming facilities in the MX District and feels that people are becoming very upset over a casino that may or may not ever materialize. He added that there are enough real problems that exist today that the Board has to deal with without worrying about something that may not ever happen or may happen three years from now.
Chairman Waybright stated that the State of Pennsylvania has determined that gaming facilities are a legal land use in Pennsylvania and the township’s Zoning Ordinance must allow every legal land use somewhere in the township. He added that this is something that the Board should have addressed several years ago when gaming facilities first came to the area and the Board did the text amendment to protect the township if and when a licensed gamily facility does apply to start a business in the township.
Mrs. Underwood presented the report of police activities for the month of February including; 431 complaints, 34 combined arrests, 45 traffic stops and 12 traffic accidents. She added that the department patrolled 9,969 miles of road and assisted other departments 13 times and were assisted 9 times.
Chairman Waybright reported that the Board has received numerous concerns from the residents regarding trash collection since IESI took over in January and that is why Mr. Murdock of IESI was asked to attend the meeting. Mrs. Underwood asked how they communicate with the residents to let them know of a delay in trash pick-up. Mr. Murdock stated that they put an announcement on the radio stations MIX 95.1 and WKYZ and it was suggested that they use a local station such as WGET or use the local newspaper. She also asked if they would consider using an automated phone service like the previous contractor used and Mr. Murdock stated that they would consider it. The Board also expressed their concern that people could not get through to IESI on the phone especially when the service was changing over. Mr. Murdock stated that they have five customer service reps. The Board also asked if IESI’s recycling issues had been resolved and Mr. Murdock stated that it had been taken care of in January. He added that they have plenty of recycling bins and will provide a bin for each and every customer. Mrs. Ford stated that she received many calls about the containers being dropped and trash falling out on the ground and also a complaint regarding billing. Mr. Murdock asked the Board to call him if they get any kind of complaint and he will drop everything and take care of it.
Mr. Tom Stang, Waste Management, stated that he was very glad to hear that their automated calling system worked well for the township and he was wondering if the residents were paying $3.00 per quarter for their recycling bins because that would effect the bids. Mrs. Golden stated that they did receive a lot of complaints about that and that is something that they will be looking for when the bills come out. Chairman Waybright told Mr. Stang that one of his trucks picking up dumpsters along Mason Dixon Road is spreading trash along the road.
Chairman Waybright stated that the next item on the agenda is the possible adoption of the zoning text amendment which would allow Assisted Living Facilities to be developed in the Residential and Mixed Use zones. Mr. Phiel stated that, in voting on this text amendment, the Board is taking into consideration what was heard earlier at the public hearing and information that was garnered at other times and from other sources and responsible Assisted Living Facilities create a single footprint, are aesthetically pleasing, low impact, increase tax base, improve our quality of life and provide employment opportunities. With that being said, Mr. Phiel made a motion to adopt Ordinance 136-2010 amending and supplementing the Zoning Ordinance of Cumberland Township, Adams County to allow Assisted Living Facilities to be developed in the Residential and Mixed Use zones seconded by Mrs. Underwood. A roll call vote was taken as follows: Mr. Phiel voted in favor; Chairman Waybright voted in favor, Mrs. Underwood voted in favor and Mrs. Golden voted in favor. The motion carried.
Chairman Waybright also stated that the township received a request from Suresh Oza concerning the Gettysburg Inn asking for additional time to make repairs under the Order to Vacate issued by the township. Mr. Naugle reported that he has been working with this situation from the beginning and at this point it does seem that they are making a concerted effort to make the needed repairs to the building. Mr. Oza has hired a consultant/engineer and it seems like things are headed in the right direction and he would like to see an extension be granted to see where this goes. He added that he told Mr. Oza that he had to clean up the site before the township would entertain any kind of plans or permits and the dumpster was supposed to go in yesterday. Mrs. Golden made a motion to deny the request for 60 to 90 days extension. There was no second to the motion and the motion died. Mrs. Underwood suggested that the township work with a two-week timeframe to see if progress is made. It was determined that his deadline is currently April 15, 2010 and Mrs. Golden made a motion to deny the request from Mr. Oza, as written, for a 60 to 90 day extension and amend to read that an extension would be granted until April 30, 2010 seconded by Mrs. Underwood and carried. The Board asked Mr. Naugle to stay on top of the situation.
Mrs. Underwood made a motion to approve a Special Event permit for the YWCA’s Race Against Racism 5 Mile Run to be held on Saturday, April 24, 2010 seconded by Mrs. Golden and carried.
Mrs. Underwood made a motion seconded by Mr. Phiel and carried to approve a Special Event Permit for the YWCA’s Spirit of Gettysburg 5K Run to be held on June 26, 2010. Mrs. Golden asked about the new fees for Special Events and if they can retroactively be charged if they have more participants than declared on their application and Attorney Dively will look at the ordinance to see how that is written.
Chairman Waybright reported that the township has received a complaint from Wesley Harlow, 354 Sachs Road, regarding damage that the snow plow did to a concrete apron on his driveway. Mr. Harlow filed a written complaint and submitted two bids for the repairs and this was discussed at the workshop meeting. Mr. Phiel stated that historically the township only takes responsibility to the edge of the cartway and this decision will set a precedent. Mrs. Ford suggested that the Board authorize staff to submit the claim to the insurance company with the understanding that it may be denied. Mr. Phiel made a motion to submit the claim to the township’s insurance company for their review and judgment of payment or not seconded by Mrs. Golden. Chairman Waybright and Mrs. Underwood voted against the motion and it did not carry.
Mr. Phiel made a motion to appoint Debra Golden as the township’s representative to serve as a voting member on the Journey through Hallowed Ground Pennsylvania Byway Advisory Committee seconded by Mrs. Underwood and carried.
Mrs. Golden made a motion seconded by Mr. Phiel and carried to approve a request for a 6 month extension for Pickett’s Choice Condominiums. Approval will now be needed by October 23, 2010.
Mrs. Underwood made a motion to approve a request for extension for the Grandview Station 3 Lot Subdivision until October 1, 2010 seconded by Mr. Phiel and carried.
At 8:20 p.m., Chairman Waybright adjourned the regular meeting for an Executive Session to discuss a legal issue and stated that there would be action taken on Item J – Preserves at Plum Run and Wayne and Susan Hill subdivisions when the meeting is reconvened.
At 8:55 p.m., Chairman Waybright reconvened the regular meeting.
Chairman Waybright asked Mr. Knoebel to bring everyone up to date on the Preserves at Plum Run and Wayne and Susan Hill (former Rudisill property) subdivision plans. Mr. Knoebel reported that at February’s meeting, the Board denied requests for extensions on these two plans, denied the plans and since that time have been requested by the developer’s legal counsel to reconsider this matter. He added that he did feel that there was some sound basis for the decision to deny the plan in that there are some ordinance sections that the plans are not compliant with and the Board is looking for progress on these plans and that was not demonstrated for quite some time. However, it might be prudent and he recommends that the Board reinstate the plan and rescind the denial for a specified period of time with direction to the developer and his engineer to meet with the township staff to review what the outstanding issues are on the plan and to report back to the township within the specified timeframe how they are going to address the issues. Mr. Bob Campbell stated that he agreed with the recommendation and is willing to meet with the township staff and he feels that there are some misunderstandings about what has already been done. He added, for instance, that they do have a binding agreement that is recorded that water and sewer will be provided upon approval. Mr. Phiel asked when they intend to move forward with the project. Mr. Hill reported that the development was sold and then the economy went into a tailspin and he has been left holding the bag. He added that they had someone lined up to operate the water and sewer plants that have since backed out and they have made a preliminary overture to the Authority about taking over the sewer and water plants. Mr. Phiel made a motion to reinstate the plans for the Preserves at Plum Run and Wayne and Susan Hill (former Rudisill property) final subdivision plans and rescind the denial contingent upon the developer meeting with the township staff and coming back to the Board with how they intend to address the issues within 90 days seconded by Mrs. Underwood and carried.
Mrs. Ford reported that she will be attending a meeting tomorrow in York put on by the PLCM regarding a Municipal Utility Alliance to collectively purchase electricity. She added that there will be another meeting of the TCC on Thursday night because the March meeting was not advertised and everything has to be redone. Mrs. Ford added that she will be attending an ACTPO meeting tomorrow afternoon and she will report back to the Board what gets put on the TIP. Mrs. Underwood asked if the township will be responsible for paying $40,000.00 of the Belmont Road bridge costs and Mrs. Ford stated that the township would and that project is in the final design phase. Lastly, she reported that she has signed up for a webinar on health care reform and she will update the Board on what she learned at the PELRAS Conference and there are a few minor changes that she will be making.
Mrs. Golden asked for the Board’s approval for Attorney Dively to forward her comments on the Peer-to-Peer Study on to the Committee and to see if anyone else had any questions. The Board approved and there were no questions or comments.
Mr. Phiel reported that both new members of the Authority have been seated and attended their first workshop and meeting. Mr. Phiel also reported, on behalf of the Finance Committee, that 2010 Real Estate taxes have started to come in and are helping to alleviate the first quarter budget crunch but, the committee does feel that the spending freeze should continue until it can be re-evaluated sometime in April because there may be a lag between now and the end of the discount period. Mr. Phiel reported that the cost of the snow removal was approximately $35,000.00 and we have submitted that amount to the County for reimbursement, which may or may not be realized and the Liquid Fuels payment from the State was received a month early to help pay for the snow removal costs.
Mr. Phiel made a motion to authorize Mrs. Ford to begin the application process to DCED for grant monies for a Fiscal Plan Study seconded by Mrs. Golden and carried.
The Zoning Officer and Assistant Secretary’s reports were reviewed
Being no further business the meeting was adjourned at 9:15 p.m. by motion of Mrs. Golden seconded by Mr. Phiel and carried.
_____________________________
Carol A. Merryman, Asst. Secretary
Minutes of the April 5, 2010 Special Meeting
The special meeting was called to order at 3:30 p.m. by Chairman Waybright. Present were all Supervisors; Flo Ford, Attorney Melissa Dively, Carol Merryman, Bernie Yannetti and Scot Pitzer from the Gettysburg Times. The meeting was tape recorded.
Chairman Waybright stated that there is one item on the agenda for this meeting being a Resolution authorizing the Board of Supervisors to enter into a Memorandum of Understanding (MOU) with Mason-Dixon Resorts, L.P. He added that about a week ago, the Board asked the Township’s Solicitor to draw up a document to address the concerns of the Board regarding the proposed resort and he asked Attorney Dively to speak to this.
Attorney Dively reported that on March 23, 2010, her firm received a proposed Memorandum of Understanding from Mason-Dixon’s legal counsel and they contacted Chairman Waybright for his authorization for them to review it and possibly propose some revisions to the original MOU. She added that the MOU memorializes certain obligations that are being offered to the Township in exchange for the Township’s support of their pending application to be filed on April 7, 2010. She added that the negotiations were very lengthy and the developer has already executed the MOU. Attorney Dively reviewed the MOU provision by provision (full document attached.) Some of the items highlighted by Attorney Dively were:
Mason-Dixon will be required to execute a developer’s agreement and the Township’s SALDO does not require this so this is a very important item
The minimum guaranteed payment of One Million Dollars ($1,000,000.00) will be due by February 1st of every calendar year which is very important to the Township’s cash flow during the first quarter and is offering more than is statutorily required
Mason-Dixon readily agreed to establishing two scholarship funds through Dollars for Scholars and HACC, both for township residents
At 4:00 p.m., Chairman Waybright adjourned the meeting for an Executive Session to address pending litigation.
At 4:10 p.m., Chairman Waybright reconvened the meeting.
Mr. Shealer made a motion to adopt Resolution 14-2010 seconded by Mrs. Underwood and carried. Mrs. Golden abstained.
A RESOLUTION OF CUMBERLAND TOWNSHIP, ADAMS COUNTY, PENNSYLVANIA, AUTHORIZING THE BOARD OF SUPERVISORS TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH MASON-DIXON RESORTS, L.P.
Mr. Phiel made a motion to approve the Agreement and Memorandum of Understanding between Cumberland Township and Mason-Dixon Resorts, L. P. addressing their gaming facility and he stated that he is endorsing the agreement because the Township now has a written guarantee for the minimum payment that was promised, plan submittal and developer’s agreement, thus making it stronger than Conditional Use along with the Gaming Commission’s stipulation and rules and provisions to the applicant. The motion was seconded by Mrs. Underwood and carried. Mrs. Golden abstained.
Being no further business the meeting was adjourned at 4:10 p.m. by motion of Mrs. Golden seconded by Mr. Shealer and carried.
_____________________________
Carol A. Merryman, Asst. Secretary
Minutes of the April 27, 2010 Meeting
The regular meeting was called to order at 7:00 p.m. by Chairman Waybright. Present were all Supervisors; Flo Ford, Attorney Melissa Dively, Carol Merryman, Tim Knoebel, Bill Naugle, Mike Galassi, Speros Marinos, Jay Patel, John Murphy, Cheryl Hankey, Suresh Oza, Allen Baldwin, Al Ferranto, approximately twenty visitors, Scot Pitzer from The Gettysburg Times and Tim Prudente from The Evening Sun. The meeting was tape recorded.
Mrs. Golden made a motion to approve the Minutes of the March 23, 2010 regular meeting seconded by Mrs. Underwood and carried.
Mrs. Underwood made a motion to approve the Minutes of the April 5, 2010 special meeting noting a correction to the third bullet point in the third paragraph to include that the scholarships are also through HACC. Mr. Ferranto asked that the Minutes of the April 5, 2010 special meeting be read aloud. Attorney Dively stated that the Minutes must be approved first. Chairman Waybright stated that he did not feel that it would be a problem to read the Minutes, but that there would be no discussion on the Memorandum of Understanding (MOU) because it had already been voted on and approved. Mr. Ferranto stated that he was going to be making a statement regarding the MOU tonight and was curious about what the MOU is before it is published but, he stated that if the Board did not want to read the Minutes to just say so. Chairman Waybright stated that the Minutes would not be read. Mr. Phiel seconded the motion to approve the Minutes of the April 5, 2010 special meeting, as corrected, and the motion carried.
Mr. Ferranto pointed out that there was a mistake on the Minutes of the March 18, 2010 workshop/meeting. He stated that the Minutes posted on the website indicate that the meeting was adjourned at 8:30 p.m. and in fact the meeting was held in the a.m. Mr. Phiel made a motion to correct the March 18, 2010 Minutes to read that the meeting was adjourned at 8:30 a.m. seconded by Mrs. Underwood and carried. Mr. Phiel amended his motion to correct the March 18, 2010 Minutes to read that the meeting was adjourned at 11:30 a.m. seconded by Mrs. Underwood and carried. This correction will be made in the Minute Book.
Mrs. Underwood made a motion to pay the bills, in the amount of $168,622.77 from the General Fund and $636.42 from the Park and Rec account seconded by Mrs. Golden and carried.
Chief Boehs reported that at 5:00 p.m. this afternoon, Officer Timothy Biggins was presented with an Officer of the Year award for Adams County from the American Legion. He added that Officer Biggins will also be submitted for the award at the state level and possibly the national level. The Board asked Chief Boehs to extend their congratulations to Officer Biggins.
Chairman Waybright requested that visitors limit their comments to five-minutes.
Mr. Wesley Harlow, 354 Sachs Road, stated that he appreciates that the Supervisors have turned his claim for damage to his driveway over to the insurance company but, he would like the Minutes of the March 18, 2010 workshop/meeting corrected because they state that Mr. Shealer stated that his driveway appeared not to have any reinforcement in it and it appeared to have been cracked and he has photos of his driveway that do prove otherwise. He stated that his driveway did not have a crack in it and his driveway has a 6x6 10 gauge wire in it and he requested that the statement be removed from the Minutes. Mrs. Golden asked to see the photos. Mrs. Golden stated, in an effort to rectify this situation, by the information shared by Mr. Harlow there is obviously reinforcement in the concrete and Mr. Harlow has stated that there was no crack in his driveway. Mr. Shealer stated that he is in agreement and that the Minutes were possibly misconstrued and they were not exactly what he said.
Mr. Ferranto stated that the Sunshine Act requires that a notice of all meetings be posted on the building and that has not been done as far as he knows. The Board agreed that it will be done for all future meetings. He also asked what has been done with the $1,000.00 per lot that has been collected for Park and Rec fees. Mrs. Ford reported that some money was spent on a trail project that did not come to fruition, a Peer-to-Peer Study with other municipalities with a matching grant from DCNR and some property has been purchased for a park. Mrs. Ford added that the funds actively go for any Park and Rec purchase, design, engineering of whatever project is going on. Mr. Ferranto also asked what the balance is in the Park and Rec account and Mrs. Merryman stated that it is approximately $300,000.00.
Mr. Ferranto stated that he was not impressed with IESI’s District Manager (Ken Murdock’s) statements and responses to the Board at the last township meeting and he subsequently requested a copy of the waste hauling contract. He added that to avoid future problems, he feels that the Board should ask Mr. Murdock to come back to another meeting, and he offered the assistance of the Concerned Citizen’s of Cumberland Township (CCCT), to get the contractor in line with the rules and regulations of what they should be doing to service the citizens of the township. Mr. Ferranto gave some examples of things that he feels will not be done including, but not limited too, providing notices regarding large item pick-up and recycling, littering and billing and quarterly reports. He asked that this issue be placed on the agenda. Mrs. Golden suggested that the CCCT put their concerns in writing and that correspondence, along with a letter from the township, be forwarded to IESI and they can address these concerns. Mrs. Ford reported that Mr. Murdock has stepped-up since he attended the meeting and the township has to give them a chance to make corrections to the problems that they are informed of. She added that when complaints come in, they are forwarded right to Mr. Murdock and then he copies her back in his response to the resident. Mr. Ferranto stated that they will submit written concerns and they want to work with the Board on this. Mrs. Ford stated that it means more when the complaints come directly from their customers. Mr. Ferranto read two statements, for the record, as follows:
Statement 1:
To the Cumberland Township Board of Supervisors.
In early April, Mason-Dixon Resort Developers filed an application for a Casino License. With that application, they submitted a traffic study from a firm that was contracted and paid for by Mason-Dixon Resort Developers. As I’m sure you are aware, for statistic reliability, the traffic stop research design requires the collection of information at different times of day, on different days of the week and during different seasons of the year.
CCCT is concerned that the survey results collected on behalf of Mason-Dixon Resort developers may be biased since their study was apparently conducted during winter months only and doesn’t reflect a realistic picture of traffic conditions during the height of our tourist season. At the very least, an additional traffic survey should be conducted during the summer months when traffic is at a peak and a comparison made between the two studies. This would help alleviate the concerns we have about potential traffic issues. Additionally, a survey conducted and paid for by Mason-Dixon Resort Developers leaves itself open to suspicion.
You, the Board of Supervisors are our elected representatives and we would expect that your primary concern would be the welfare, safety and quality of life of us, the citizens of the Township, who will be impacted by a Casino that isn’t being supported by the Township’s infrastructure.
Therefore, to alleviate the above concerns, we request that the Cumberland another study of all roads that will be impacted by the proposed Mason-Dixon Resort Casino. As you are aware, a casino or for that matter, any large entertainment facility will have an enormous impact on the infrastructure that currently exists.
Rather than basing future needs on possibly flawed research, we feel it would be in the best interests of the Board and of course ultimately the citizens you represent here in Cumberland Township to do due diligence now rather than to run into problems in the future.
Statement 2:
When you were elected or appointed to the Board of Supervisors, in essence you have accepted a responsibility to serve the citizens of Cumberland Township. As officials of this Township, the manner in which you govern and the decisions you make affect the lives and quality of life of the people of Cumberland Township.
The Sunshine Act of the State of Pennsylvania subsection 702 {a} FINDINGS -The General Assembly finds that the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decision making of agencies is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society. In section 703 an agencies definition is described and the words municipal and township are listed.
At the January 26th 2010 monthly Township Meeting, and I quote "Chairman Waybright reported that the Township has received a request to amend the text of the township's MX Zoning District to add a definition for "licensed gaming facility", adding licensed gaming facility as a permitted use and adding provisions for required off-street parking." A motion was made and seconded. A public hearing was set for March 2, 2010. The Board of Supervisors then changed the date of the public hearing to the morning of March 18th. By changing the date of the public hearing, it limited public participation because people that had to work could not attend the meeting. Mason Dixon Resorts and Casino requested that the ordinance change be enacted without conditions. That request made the meeting very contentious. A strong case for the ordinance to be enacted with conditions was made verbally with maps and documentation. As per the approved minutes of March 18th, 2010, the public hearing for the ordinance change began at 9:20 AM and was closed at 10:47 AM. At 11:00 AM, chairman Waybright reconvened the recessed workshop meeting. Within minutes, a vote was taken to approve the ordinance to allow gambling in a mixed use area without conditions. Approving the ordinance change without conditions was stunning. With all the testimony that was given to have the ordinance change issued with conditions, it is clear with the time frame that was stated, that a fair and impartial deliberation could not have been rendered. The Board of Supervisors justified their vote stating "That the requirements for a casino application was covered by the State and Local Land Development Ordinances and was already in place and would be redundant."
This brings us now to our current concern, the Memorandum of Understanding (MOU) between Cumberland Township and Mason Dixon Resorts Casino. On April 1, 2010, a meeting notice was placed in the legal section of the Gettysburg Times on page D2. The meeting notice stated "The Board of Supervisors of Cumberland Township, Adams County, Pennsylvania, will hold a meeting on Monday April 5, 2010 at 3:30 p.m. to review a Memorandum of Understanding with Mason-Dixon resorts. The meeting will be held at the Township Building. 1370 Fairfield Road, Gettysburg, Pa 17325. Carol Merryman, Assistant Secretary". At that meeting, a vote was taken and the MOU was signed. We would like to note for the record that a review of the MOU was to take place at that meeting and made no mention of a vote to be taken. In quoting the Gettysburg Times, "No citizens attended the 3:30 PM meeting aside from LaVann's attorney, Bernard A. Yanetti, a newspaper reporter and two police officers."
We want to be respectful but in this manner before us tonight, we need to be blunt. The way this MOU was handled was clearly not transparent nor democratic. The Board of Supervisors never informed it's citizens that an MOU with Mason Dixon Resorts Casino was being contemplated or negotiated. It was done in secret. The following are quotes from the Gettysburg Times pertaining to the MOU. "Board Chairman David P. Waybright explained that the legal pact originated from ""concerns that the board had over the proposed resort."" Legal counsel from the township and Mason Dixon began crafting the agreement two weeks ago. It was a marathon of negotiations that was going on explained township Solicitor Melissa Dively. At previous meetings casino opponents encouraged the board to place "conditional use" restrictions on the project, by making the developer jump through several hoops, so Waybright believes the board addressed those concerns with the legal agreement. This covers anything that would have come up during the conditional-use application process said Waybright."
Why the reasons for concerns at this time? The Board of Supervisors passed the ordinance without conditions. It has been stated, David LeVann is a man of his word and can be trusted. So what was done at the March 18th meeting and comments made at that time and the reasons stated in the Gettysburg Times for the MOU are contradictions.
No one came to the April 5th meeting. Once again a daytime meeting where citizen participation would be limited was held. In this matter, no participation occurred, because no one knew about it. Since no one was there, and since this MOU is an important document that affects all citizens of Cumberland Township, it would have been appropriate to reschedule the meeting at night with more notice so we could have had our questions answered and shared our views about the MOU. Unfortunately you did not do that. The fees for the township attorney for this MOU was paid for by Mason-Dixon Resorts and Casino. Also, page 14 of the MOU states "in the event that this Agreement or any matter or issue contemplated by and/or addressed by this Agreement or any matter relating to zoning, subdivision and/or land development, or any other Township action shall be challenged by any third party, Mason-Dixon hereby agrees to defend said action and shall be responsible to also pay any and all costs, expenses, attorneys fees from counsel chosen by the TOWNSHIP to represent the TOWNSHIP, expert witness fees, and similar costs and/or expenses incurred by the TOWNSHIP in defending or virtue of being named in said action{s}." Why did Mason-Dixon Resorts agree to do this, pay all attorney fees for this MOU and any future litigation?
This MOU is very troubling for the Concerned Citizens of Cumberland Township. In essence it says, go and testify in support of Mason-Dixon Resorts Casino at the Gaming Commission hearings and I will guarantee you 1 Million Dollars a year. This MOU was not needed. It was done to assist Mason Dixon Resorts in achieving their gaming license. Your presence at the gaming hearings make it appear as if you have the support of its citizens when in reality no referendum has been done by the township to know how its citizens feel about you supporting or speaking on behalf of its citizens at the gaming commission. This MOU has made the township more polarized and has diminished the trust factor between you and its citizens.
This evening, time does not permit us to ask questions about the MOU. We are requesting time on next month’s agenda to ask some questions about the language contained in the MOU.
Visitors cont’d.
Mr. Speros Marinos asked if he could comment on Item M on the agenda (The Pike – request for township enforcement of the Noise Ordinance) or if he should wait until that point in the meeting. Chairman Waybright asked him to go ahead and make his comment. Mr. Marinos stated (in part) that his family’s quality of life has eroded over the past thirty years and they are sick and tired of it. He added that past owners of The Pike have had a good business there without a bar and he does not feel that job creation is a reason to permit the loud noise coming from The Pike. He also stated that illegal motorcycle pipes during Bike Week are a problem and they chase away families coming to Gettysburg for the Museum. He stated that the zoning was downgraded from Commercial to VMX (which is more residential than commercial) and yet heavy commercial is still being permitted. He asked the Supervisors to look out for him and the others who have millions of dollars invested in that area.
John Murphy, Esquire, on behalf of Jay Patel and Jayjyoti Corporation stated that he has a comment similar to Mr. Marinos’ comment and would like to reserve that comment until the discussion of Item M.
Chief Boehs presented a written and oral report of police activities for the month of March including: 478 complaints, 86 combined arrests, 83 traffic stops, 10 traffic accidents, 10,671 patrol miles and they assisted other departments eight times and were assisted six times.
Mrs. Ford stated that the Designation of Agent Resolution is the first of many steps in the process to get back some of the money spent on the February snowstorm and it is authorizing herself, Township Manager, to sign the documents and the Resolution requires the signatures of the full Board. Mrs. Golden made a motion that Florence A. Ford, Township Manager, is hereby authorized to execute for and on behalf of Cumberland Township with the Commonwealth of Pennsylvania seconded by Mrs. Underwood and carried.
Chairman Waybright stated that the next item is a request from Gettysburg Inn for an extension of the Order to Vacate and he asked Bill Naugle, Zoning/Codes Enforcement Officer, to speak to this item. Mr. Naugle reported that the grounds have been cleaned up, Terminix has treated the inside of the building and they have prepared a plan of how they are going to go about redoing the premises and he has prepared a letter outlining his concerns and the costs associated with the Order to Vacate. He added that in order for him to issue a building permit for the work, the Order to Vacate would have to be lifted or given some type of an extension by the Board. Mrs. Golden asked Mr. Naugle to explain his concern #5 and he explained that there is always a concern while doing renovations that additional issues can arise causing additional expenses above the original estimate. Attorney Dively suggested that, due to this concern, a performance bond be required, as well as a more formal developer’s agreement and with those items in place, the Board could consider lifting the Order to Vacate. Mr. Oza agreed that he would provide the bond and developer’s agreement. Attorney Dively added that they could put a timeline in the developer’s agreement. Mr. Naugle confirmed that the township can hold the Certificate of Occupancy until all of the units are completed and that too can be made part of the developer’s agreement. Mrs. Underwood made a motion that representatives for the township and representatives for Suresh Oza meet to define a developer’s agreement and performance bond and the Certificate of Occupancy to be held until completion of the entire project within a year’s timeframe and extend the Stay Order until June 30, 2010 or until such time that the township has the agreement. The motion was seconded by Mrs. Golden and carried.
Chairman Waybright reported that the next item is a special event permit for the Face of America Bike Ride that was held on April 25, 2010. Mr. Phiel made a motion to retroactively approve the Special Event permit for the Face of America Bike Ride. He explained that the event was for wounded warriors and the organizers were negligent in applying for the permit but, the Board wanted to be supportive of the event so they were given the go ahead. The motion was seconded by Mr. Shealer and carried.
Chairman Waybright stated that we have a second special event permit application from Boyds Bear County for their Summer Daze event which includes a fireworks display to be held in June. Mrs. Underwood made a motion to approve the application from Boyds Bear Country for a special event permit for their Summer Daze event being held June 11th through June 13th with a fireworks display on June 12th seconded by Mr. Phiel and carried.
Mr. Knoebel reported that the Billy C. Leonard Final Plan is a minor subdivision located on the corner of Rt. 116 - Fairfield Road and Blackhorse Tavern Road and it proposes the subdivision of an 80 acre tract into a 10-acre lot and a 70-acre lot. The 10-acre lot will consist of the existing house and outbuildings and no development is proposed for the 70-acre lot. He added that the plan has been reviewed by the township’s Planning Commission and they have recommended approval and a resolution for final approval has been prepared. He added that there is also a Non-Building Waiver for sewage planning. Mr. Shealer made a motion to adopt the Non-Building Waiver for the Billy C. Leonard Final Plan seconded by Mr. Phiel and carried. Mrs. Golden made a motion to adopt the Resolution for Final Plan Approval 10-16 with the conditions a. through i. as illustrated by the engineer seconded by Mrs. Underwood and carried.
Mr. Knoebel also reported that the Charles Skopic Final Plan is the further subdivision of Lot 7 of the Foxfield subdivision. He added that Lot 7 is off of a private road and they were able to keep the same number of lots coming off of the private road by having the access to the newly created Lot7A being Foxfield Lane and Lot 7’s access being Plank Road. He added that the plan has been reviewed by the township’s Planning Commission and they have recommended approval and a resolution for final approval has been prepared. He added also that there is one waiver request to 502.D.3 to allow the cul-de-sac to be greater than 800 feet in length. He further explained that this waiver was granted with the first subdivision but, the plan was never recorded so this waiver will clean that up. Mr. Knoebel also appointed out that the right-of-way to Plank Road is not shown on the plan and the township may want to keep that right-of-way and that could be a condition of the waiver approval. Mr. Shealer reported that since Plank Road does flood it would be advantageous for the people who live there to keep the right-of-way. Mr. Shealer made a motion to grant the waiver to section 502.D.3 to allow the cul-de-sac to be greater than 800 feet in length contingent upon the existing right-of-way on the existing plan remaining seconded by Mr. Phiel and carried. Mrs. Underwood made a motion to adopt the Resolution for Final Plan Approval 10-17 acknowledging the waiver with the right-of-way remaining seconded by Mrs. Golden and carried.
Mr. Knoebel also reported the Grandview Station Preliminary Plan is located at the site of the old bank on Biglerville Road. The plan proposes the subdivision of the one lot into three lots all in excess of one acre. He added that there is a pending Land Development Plan for this property. There are no improvements proposed by this subdivision but, it allows flexibility for how they design the development on the property. He added that there are no waivers associated with this plan and there was a concern about the sidewalk because it was not shown going to the property line because of some conflicts with a storm drain pipe and this is a comment on his March 23, 2010 review letter. Mrs. Golden made a motion to approve the Grandview Station Preliminary Subdivision Plan contingent upon the conditions stated in the engineer’s March 23, 2010 report seconded by Mrs. Underwood and carried.
Mr. Phiel made a motion seconded by Mrs. Golden and carried to approve a reduction in the bonding for Sunny Daze on Biglerville Road by $14,777.00 leaving a balance of $35,308.99. Mr. Knoebel stated that he will follow up on this with the Authority because he suspects that the township holds the entire bond.
Mrs. Underwood made a motion seconded by Mr. Phiel and carried to approve a bond reduction for Cumberland Village, Phase 1A, in the amount of 35,750.00, leaving a balance of $430,364.00.
Mr. Phiel made a motion to approve a request for extension for approval of the Gary and Joyce Maitland Final Plan until August 1, 2010 seconded by Mrs. Underwood and carried.
Mrs. Golden made a motion to authorize the joint legal advertisement of their intention to adopt an ordinance approving the adoption of an Intergovernmental Agreement of Cooperation establishing the Gettysburg Area Recreation and Park Commission seconded by Mrs. Underwood and carried.
Mrs. Ford reported that the following Resolution was presented by Ken Kuntz, EMA Director and that this is a step in the process with the Hazard Mitigation Plan with Adams County. She added that the township must have a Hazard Mitigation Plan in place in the event of a disaster in order to receive money from FEMA and PEMA. Mrs. Underwood made a motion to adopt Resolution 10-15 Adams County Hazard Mitigation Plan Municipal Adoption Resolution seconded by Mr. Phiel and carried.
Chairman Waybright stated that the next item is a request from Cheryl Hankey, owner of The Pike Restaurant, for the township to petition the Liquor Control Board to allow the township’s Police Department to enforce the Noise Ordinance in lieu of LCB regulation. Ms. Hankey stated that she is requesting that the township take back what they did for one year. She added that she feels that it would be better for the two businesses beside her because there would be an immediate response and stated that the LCB’s restrictions are very strict and she can be cited simply if amplified music can be heard outside of her establishment by way of a door opening. She added that she has received two citations from the LCB simply from a phone call being made and no one from LCB witnessing/hearing the violation and she is making improvements to the building to help keep the noise from leaving the building when the door is opened. She added that her request is only for the township to request a hearing with the LCB and there is no guarantee that the LCB will approve it.
Attorney John Murphy, representing the owners of the Comfort Suites and an investment property (house) immediately across from The Pike, respectfully requested that the Board not support the application from The Pike and they would prefer that the LCB continue the enforcement. He added that Mr. Patel has received complaints from his guests and he can provide the night manager’s log of the complaints.
Lucy Schiff spoke on behalf of two Comfort Suites employees, Babba and Sumi that live across from The Pike and explained that the noise keeps them awake at night.
Jimen, an employee of the Comfort Suites, who also lives across the street from The Pike stated that he also has a problem sleeping at night particularly on the weekends and he has reported this to the LCB. He added that he has given the LCB the complaints that come from their guests and he further explained that the complaints are from the rooms that face the Pike and the guests hear the bass of the music that is being played at the Pike.
Mr. Speros Marinos reported that he had two officers from the LCB at his home and they could hear the amplified music 615 feet away and it is not just an issue of hearing the noise in the parking lot, it can be heard at his home. He added that there is convection from the roadway and a predominant breeze which blows the noise his way. He understands that these two things are beyond The Pike’s control but, it is not beyond their control to turn down the volume. He added that he attended the hearing for the Herr Tavern and opposed the petition for them also and he feels that the noise is disrespectful on many levels. Mr. Marinos spoke at length on the history of the ownership of the restaurant and feels that he should not suffer because they are in some kind of economic hardship.
Mr. George Marinos, who also owns property across the street from The Pike, stated that he has been very neighborly but, he can hear the noise (music) at 2:00 a.m. and 3:00 a.m. in a brick building. He added that he is there to talk at any time. He stated that the noise can be heard whether a door is open or not and he added that Bike Week is “hell on earth” and he gave a few examples of things that have happened on his property.
Mr. Phiel urged all of parties involved to talk to each other. He added that it seems to him that it could be an advantageous situation to everyone whether it be with parking, noise or whatever. Ms. Hankey agreed that she would happily sit down with everyone in an attempt to mitigate the problems. Chief Boehs reported that they have had eleven noise related calls not including Bike Week. He stated that during Bike Week they have cars stationed at The Pike to curtail some of the activities.
Mr. Patel stated that $10,000.00 worth of damage was done to his property and he doesn’t understand why they are allowed to expand beyond the township’s requirements. He also presented notes from his night auditor and many times they called and no one responded. He added that when the Police did arrive the music did go down. He stated that he does not want to put more of a burden on the police force and he feels that the LCB is doing a good job.
Mr. Speros Marinos stated that the LCB is already going to be there doing enforcement so it makes sense for them to enforce the noise too and this is paid for from the income from the liquor and he doesn’t feel that taxpayer’s money should be spent to enforce the noise ordinance. Ms. Hankey stated that the LCB is not always there and the local Police could determine if there is a true noise violation and fine her if there is.
It was clarified that the Board’s action is only to request a hearing with the LCB and they will make the determination if they will continue to enforce the noise ordinance or if it will be done by the township’s police department.
Mrs. Underwood stated that there is obviously a difference of opinion here so it may be a good idea to have this put on the record under oath at a public hearing and the Township only knows what they are hearing from their police department. Mrs. Underwood made a motion to petition the LCB to hold a hearing. Mrs. Golden stated that it appears to her that what we have here is a couple of businesses and residents that have problems other than amplified music and it is repeatedly being played out with the township and she feels that in only dealing with the amplified music the township can do a beneficial job for its citizens taking personal feelings out of the equation. Mrs. Golden seconded the motion and the motion carried.
Mrs. Golden stated that the WGAL Town Hall meeting was her item that was discussed at the workshop but, with Mr. Shealer and Mrs. Underwood being absent from the workshop, it was moved to tonight’s meeting agenda. She stated that WGAL holds these meetings about twice a year and there have been representatives from other townships in attendance to listen to the concerns and take them back to the appropriate township staff. Mr. Waybright, Mr. Phiel and Mr. Shealer expressed there concerns about one person attending and their comments or lack of comments being construed to be that of the entire Board. No motion was made and the item died.
Mr. Shealer made a motion seconded by Mrs. Underwood and carried to start the seven-year review process for the township’s Agricultural Security Area #5.
Mrs. Ford stated that she is asking for authorization to sign the grant papers for the DCED grant, in the amount of $38,675.00. Mr. Phiel made a motion to accept the grant from DCED for the five-year financial plan and authorize the Manager, Flo Ford, to sign the grant paperwork seconded by Mr. Shealer and carried. Chairman Waybright and Mr. Ferranto, on behalf of the CCCT, thanked Mrs. Ford for her work on securing this grant for the township.
Chairman Waybright reported that the township purchased the neighboring property with Park and Rec money with the intention of making some sort of a park there and had determined that the house and outbuildings are in bad condition and need to be demolished. Mrs. Golden made a motion to authorize the advertisement and request for bids for the demolishment of the buildings on the Topper property seconded by Mrs. Underwood and carried.
Mrs. Ford reported that Ron Harris, Mayor of Carroll Valley Borough, is having a meeting with Rich Far of ACTA regarding the expansion of the Freedom Transit route into Carroll Valley Borough and he would like a Board member to represent the township at this meeting on May 5th from 1:00 p.m. until 2:30 p.m. at the Carroll Valley Commons pavilion. Mrs. Underwood will attend.
Mrs. Ford also reported that she had asked for quotes for the Township and Authority from Constellation Energy, who was selected as lowest bidder for electrical generation through a vetted bidding process with PLCM. She added that she has received the bids and they are very good and the Township can save 1 ¼ cents and the Authority can save almost 2 cents from what we currently pay Met-Ed before the rate caps come off. She added that the terms are also good at three and four years. Mrs. Ford asked the Board to authorize Attorney Dively to look at the contract for form and possibly have this back on the May meeting agenda Mrs. Golden made a motion to authorize Attorney Dively to review the Constellation Energy contract for form seconded by Mr. Shealer and carried.
The Zoning Officer and Assistant Secretary’s reports were reviewed. Mr. Speros Marinos asked if The Pike Restaurant had a building permit for their renovations and Mr. Naugle stated that they do have a permit.
Mrs. Underwood apologized for missing the workshop and reported that the line painting bid packet has gone out and Carroll Valley Borough is taking the lead on this project. The spring convention of the Adams County Association of Township Supervisors will be held tomorrow night at 7:00 p.m. and they added an item regarding the TCC and she will be attending on behalf of the COG and can represent the township on that item as well. The Adams County State of the Waters Conference that was canceled in February due to bad weather has been rescheduled for Thursday, May 13th. Mrs. Underwood also reported that she has been working on the Hazard Mitigation Plan update on behalf of the township and we have received the Executive Summary from Adams County and adopted the Resolution tonight to go ahead with that. She added that thanks to Mr. Shealer, municipalities are now included in the radio system update and that is moving along.
Mrs. Golden asked if anyone attended the GMA meeting and if someone will attend that next meeting. Mr. Shealer stated that he could not attend because of a conflict and if he is free he will attend the next meting.
Mr. Ferranto requested that the agenda be placed on the website before the meeting. Mrs. Ford reported that one of the police officer’s wives puts the information on the website and she is a volunteer and we can’t ask her to do it full-time. She added that the township does not have an IT person and we do not have the programs that are needed to do it. She reported that the County is working on making a web-based program available to all of its municipalities so that someone in the municipality can upload the information to the website but, until the County gets their program (possibly another eight weeks) we just don’t have what we need to put the agenda on the website. Mrs. Ford offered again to supply Mr. Ferranto with a copy of the agenda by email, mail or fax. Mr. Ferranto stated that he gets the agenda but, he wants the entire township to have access and he would be happy to help the township with that as long as the officer’s wife does not have a problem with it. Mrs. Golden made a motion to authorize that if a volunteer from Cumberland Township is willing to come into our office and upload the agenda to the website, once we have approval from the person that designed our website seconded by Mr. Shealer and carried.
Being no further business the meeting was adjourned at 9:25 p.m. by motion of Mr. Shealer seconded by Mr. Phiel and carried.
_____________________________
Carol A. Merryman, Asst. Secretary
Minutes of the May 25, 2010 Meeting
The regular meeting was called to order at 7:00 p.m. by Chairman Waybright. Present were all Supervisors; Flo Ford, Attorney Melissa Dively, Carol Merryman, Tim Knoebel, Chief Boehs, Sergeant Molloy, Mike Galassi, Speros Marinos, Mr. and Mrs. Aruna S. (Sunny) Oza and their engineer, Nandlal Gevaria PE, Al Ferranto, Stephanie Mendenhall, approximately seven visitors who did not speak and Rick Fulton from The Gettysburg Times. The meeting was tape recorded.
Mr. Phiel made a motion to approve the Minutes of the April 27, 2010 regular meeting seconded by Mrs. Underwood and carried.
Mrs. Underwood made a motion to pay the bills, in the amount of $84,180.90 from the General Fund and $11.62 from the Park and Rec account, seconded by Mrs. Golden and carried.
Mr. Al Ferranto, 501 Knight Rd., stated that he had some questions on the March 18th workshop/meeting and April 5th special meeting. He added that he had requested that the minutes be read, but the Board declined to read them so he had to wait until they appeared on the website. He asked the Board if, at the March 18th meeting, they were aware that a Memorandum of Understanding (MOU) with Mason Dixon Resorts was being proposed. Attorney Dively stated that there was no MOU being proposed on March 18th. Chairman Waybright also stated that the Board was not aware. Mr. Ferranto asked if the Board was aware of the MOU at the March 23rd meeting and asked why it was not brought to the public’s attention. Chairman Waybright stated that the Board was aware of the MOU at the meeting of the 23rd. Attorney Dively stated that at that time the document was only for discussion between the township’s and Mason Dixon’s attorneys. Mr. Ferranto also verified that the meeting on April 5th started at 3:30 p.m. and was adjourned at 4:00 p.m. and the minutes state that Attorney Dively went through the MOU page by page. He questioned the Board’s ability to understand the entire MOU in 30 minutes because it took him several hours to read and understand the document. Attorney Dively stated she gave a synopsis of each paragraph and there were no questions.
Mr. Speros Marinos, 900 Baltimore Pike, stated that he is not a member of the Concerned Citizens although he feels that some of what they are doing has merit. He added that he does not feel that the township’s police should be present at the Neo Nazi demonstration on June 19 at the National Park and he has spoken to Chief Boehs about this and he had some good ideas why they should be there. Mr. Marinos added that he feels that the demonstrators should pay for their own security and they do not have a right to make a drain on the township taxpayers. Mr. Marinos stated that Bike Week is coming soon and there is no special event permit issued yet and he added that he has been coming before the Board for twenty years and he can not see where anything that he has asked for is being done for preservation, zoning or amusement taxes and it seems that everything is building up. He asked the Board to give his requests a little more consideration and that the Marinos family does not feel that they are being heard. Lastly, he mentioned that there was an article in the paper regarding limiting the municipalities’ powers and there is a bill in the State House in this regard. He stated that he doesn’t know whether he is in favor of that or not but, it does appear that the road and police departments are doing a good job and their problem is with the Board.
Chief Boehs presented a written and oral report of police activities for the month of April including 453 complaints, 119 combined arrests, 133 traffic stops, 11 traffic accidents and 8,285 patrol miles. He added that they assisted other agencies 16 times and they were assisted 11 times.
There was no old business on the agenda.
Chairman Waybright reported that the first item under new business is Resolution 10-18 adopting Rules and Regulations of Cumberland Township, Adams County, Pennsylvania regarding conduct of Public Meetings. Chairman Waybright stated that the township has had these policies in place, they just were not written down in the form of a resolution. Mr. Ferranto asked for discussion on the resolution and he asked if the folks in the audience could get a coy of the resolution. Chairman Waybright stated that the township does not have copies prepared at this time. Mr. Ferranto asked that this item be tabled because although he agrees with parts of the Rules and Regulations he feels that there are parts that will cause a problem and will probably result in litigation and he wants to avoid litigation and work together. He stated that this is going to confuse people because they will be coming to the meeting and won’t know the rules and he feels that a lot of this could be avoided. Mr. Ferranto asked again that the resolution be tabled and asked the Board to get together with them and talk about it and hopefully not have to adopt rules and regulations but rather move forward as a community and have debate, agreements and disagreements without having a lot of rules. Attorney Dively asked what is the basis for the threat of litigation. Mr. Ferranto stated that residents could feel that they are not being given a fair shake because they do not understand what is written in the Rules and Regulations. He added that he has questions for interpretation and he gave an example of one of his questions regarding giving three days notice to get on the agenda. He added that he feels that this will be a problem for people who only come to township meetings from time to time. Chairman Waybright thanked Mr. Ferranto for his comments and stated that the Board wants to efficiently conduct the business of the township. Attorney Dively stated that the three days notice to get on the agenda is a good point since the township office is closed on Fridays and that may need reconsideration. Mrs. Golden stated that the three days to be on the agenda is for an agenda item that needs to be voted on not to be able to speak on an agenda item.
Mr. Mike Galassi, 121 Twin Lakes Drive, stated that we have a relatively new group showing up at the meetings and they seem to be a bit confused about how the process works and it is like the government for the rest of the country. He stated that we have heard requests for democracy but, the government is a republic, you elect representatives to deal for you and if you do not like what they are doing you elect new representatives or you run yourself. He stated that you are allowed to make a request or ask a question but, the people in the audience are not a legislative body that gets to vote on ever single item that comes up. Mr. Galassi went on to state that he has not always been in agreement with everything that the Board of Supervisors has done in the twelve to fourteen years that he has been attending the meetings but, he feels that it is a hard job and they do a fairly competent job. He stated that the MOU is a done deal and it should be let go.
Mr. Ferranto asked several more questions regarding the Rules and Regulations and Chairman Waybright stated that the Board is not prepared to answer these questions at this time. He added that the Board understands the concerns and it will be up to the Board how they vote on the resolution.
Mrs. Stephanie Mendenhall, 2715 Emmitsburg Road, submitted written comments regarding Resolution 10-18 and she asked for some feedback from the Board on her comments.
Mr. Shealer made a motion to adopt Resolution 10-18 adopting Rules and Regulations of Cumberland Township, Adams County, Pennsylvania regarding conduct of Public Meetings. Mr. Phiel explained that by signing in the night of the meeting, everyone has a platform to speak and he seconded the motion. Chairman Waybright stated that these rules and regulations are the same ones used by Gettysburg for their Borough Council meetings and it seems to work well for them. The motion carried.
Chairman Waybright stated that the next item is an agreement with the Gettysburg Foundation providing money for Adams County, Gettysburg Area School District and Cumberland Township in lieu of taxes. Mr. Ferranto asked what the agreement is. Chairman Waybright reiterated that it is a payment to the afore-mentioned entities in lieu of taxes. Mrs. Ford stated that the agreement begins with a payment of $50,000.00 for two years and then goes up to $60,000.00 per year that will be proportionately divided between the taxing authorities as a payment in lieu of taxes. Attorney Dively added that there was a dispute on the exemption of the saloon and bookstore in the Visitor’s Center as being truly part of a charitable organization and in lieu of litigation, the Foundation agreed to make these yearly payments. The Board agreed that they would prefer that the whole property be taxed. Mr. Phiel made a motion to approve the agreement with the Gettysburg Foundation for the purpose of receiving the said contribution seconded by Mrs. Golden and carried.
Chairman Waybright reported that the next item on the agenda is an Improvement Agreement between the township and Aruna S. and Anjel Oza, owners of the Gettysburg Inn. Attorney Dively reported that she was charged at the last meeting to develop an agreement with the owners of the Gettysburg Inn, which is still closed under an emergency order. She added that she was assisted by Mrs. Ford and Mr. Naugle and it includes the requirements of putting a bond in place in the amount of 110% of the estimate and they are required to place $5,000.00 in an escrow account for professional fees that must be replenished to $5,000.00 should the balance fall to $1,000.00 until the completion of the project. Mr. Oza reported that he will have the money for the escrow account next Wednesday. Attorney Dively reported that the township is in the process of sending his estimate to an architect for review and the amount of the bond can not yet be determined and this is something that his engineer is familiar with and can help him work through. He asked if he can put up a cash escrow account instead of getting a bond. Mrs. Ford stated that it has been done in the past and the money will be held by the attorney’s office. Mr. Oza stated that his Inn has been closed for six months, he is loosing money, he has experienced vandalism there and he needs a quick answer from the township so he can get started with his repairs. Mrs. Ford stated that the township can get the review done by Tuesday so he can provide the money by Wednesday. Attorney Dively will have to amend the document to state that Mr. Oza will be providing an escrow account rather than a bond. Mrs. Golden asked about #2 on Mr. Naugle’s memo regarding rental by the day because there are no kitchen facilities in the rooms and she wondered how that would be monitored. Mrs. Ford stated that she feels that if that is placed on the U & O the township is protected if there are weekly rentals and that U & O can be pulled if you suspect weekly rentals. Mrs. Golden stated that she does not feel that we have anything in place to permit Mr. Naugle to go in and do an inspection. Attorney Dively suggested that Mr. Naugle be asked about it and it does seem that he is saying that the Gettysburg Inn can no longer be rented on a weekly basis and it would have to be rented night to night. Chairman Waybright stated that is not part of the Improvement Agreement that is before them now. Mrs. Ford stated that this is a policy issue that the Board may want to take a look at moving forward. Mrs. Underwood made a motion to approve the Improvement Agreement with the changes to the verbiage on page 11, #7 to be made by Attorney Dively seconded by Mr. Phiel and carried.
The next item on the agenda is an application for a Special Event permit for the Blue and Gray Cup held by the Gettysburg Youth Soccer Club on May 29th and 30th at James Gettys Elementary School. Mrs. Golden stated that, according to their website, there are other locations within Cumberland Township that are not named on the application including Eisenhower Elementary School, potentially part of the Gettysburg Middle School and land owned by Gettysburg College and she would like to have that noted. Mrs. Golden made a motion to approve the application for a special event permit for the Blue and Gray Cup starting date May 29th and ending May 30th seconded by Mrs. Underwood and carried.
Mrs. Underwood made a motion to approve a 120-day time extension for The Crossings I, Phase I until September 30, 2010 seconded by Mrs. Golden and carried.
Mr. Shealer made a motion seconded by Mr. Phiel and carried to approve a 120-day extension for The Crossings II Preliminary Plan until September 28, 2010.
Chairman Waybright reported that the township received a request from the National Park Service to support an application to PennDOT to close Taneytown Road on June 19, 2010 from 11:00 until 5:00 p.m. during the Aryan Nation demonstration on the National Park. Mrs. Ford added that the township must hold PennDOT harmless and the National Park Service police will provide the detour routing, posting and policing of the highway. Mr. Phiel made a motion to approve the road closure for the special event being held on June 19th given the fact that he was involved in the last event in 2007 when the road was not closed and there were problems. He added that the road will only be closed during the event and that will probably be for a lesser amount of time than is stated. The motion was seconded by Mrs. Underwood and carried.
Mr. Knoebel reported that he has prepared the bid documents for this year’s road projects consisting of double seal coat on portions of Herr’s Ridge Road, Blackhorse Tavern Road, Sachs Road and Ridge Road and paving Old Mill Road from Rt. 116 to Herr’s Ridge Road. The paving will be the final step of a total reclamation project that was done on this portion of Old Mil Road and will include some shoulder work. The bids will be opened on June 16, 2010. Mr. Shealer made a motion to authorize the advertisement for the road project bids seconded by Mr. Phiel and carried.
The Zoning Officer and Assistant Secretary’s reports were reviewed.
Mr. Shealer reported that, as a result of the complaint reported by Chairman Waybright at the workshop, the road department trimmed some limbs on Ridge Road that they thought may have been hitting the school bus and he asked that if there are any additional complaints to please let him know.
At 7:56 p.m., Chairman Waybright adjourned the regular meeting for an Executive Session to discuss a personnel issue.
At 8:23 p.m., Chairman Waybright reconvened the meeting.
Being no further business the meeting was adjourned at 8:23 p.m. by motion of Mr. Shealer seconded by Mr. Phiel and carried.
_____________________________
Carol A. Merryman, Asst. Secretary
Minutes of the June 22, 2010 Meeting
The regular meeting was called to order at 7:00 p.m. by Chairman Waybright. Present were all Supervisors; Flo Ford, Attorney Melissa Dively, Carol Merryman, Tim Knoebel, Chief Boehs, Sergeant Molloy, Mike Galassi, Speros Marinos, Jay Patel, John Hayes, Don Sangirardi, Elizabeth Magner, Terry Sheldon, three other visitors who did not speak and Scot Pitzer from The Gettysburg Times. The meeting was tape recorded.
Mrs. Underwood made a motion to approve the Minutes of the May 25, 2010 regular meeting seconded by Mr. Phiel and carried.
Mrs. Ford pointed out that there is no health insurance bill from Highmark included in the bills list. She explained that Highmark is changing our product to a new corporation and they do not have the bills ready and we have been assured that we will be given extra time to pay the bill when it arrives. Mrs. Golden made a motion to pay the bills, in the amount of $41,651.61 from the General Fund and $10,814.78 from the State Fund, seconded by Mrs. Underwood and carried.
A sign-in sheet was used and Chairman Waybright called on the following people to speak as they had signed in.
Mr. Terry Sheldon, representing the Samuel Feldman Planning Module will wait until that comes up on the agenda.
Mr. Speros Marinos, 912 Baltimore Pike, stated that it came to his attention that some of the Supervisors attended the meeting regarding the proposed casino and it was disappointing to him because no Supervisors have ever visited their business that has been there since 1962 and he invited the Supervisors to come out for free tours. He also mentioned that they do collect admission tax for the township. Mr. Marinos also stated that he understands now that there is no permit required for Bike Week and he feels that something must be done about that because their earning potential is diminished to 80 or 90% of a normal July day and he asked the Board to help protect them.
Mr. Jay Patel, 945 Baltimore Pike, stated that Bike Week is around the corner and that The Pike will make a lot of money from it and it is a nightmare for the neighbors. He asked what his protection is against cars illegally parked on his parking lot because his hotel is sold out for that weekend and each guest must be guaranteed a parking spot. He also asked what protection he has against a large financial loss because of all of the noise coming from the Pike’s parking lot and all of the litter that is left and that his employees have to go clean up.
Mr. John Hayes, 445 Pumping Station Road, asked Attorney Dively if she negotiated the MOU with Mason Dixon Resorts and she stated that she did coordinate things but, the negotiations were done by Brian Salzmann. Mr. Hayes also asked if he could get a copy of the original MOU proposed by David LeVan. Attorney Dively asked Mr. Hayes to file a Right to Know request in the morning for this information. He also asked who John Lashinger is and Attorney Dively stated that he is their authorized signer and he should pose that question to Mason Dixon.
Mr. Don Sangirardi, 51 Hunter’s Trail, stated that it came to his attention, through the newspaper, that the township had leased three new Tahoes and he asked when this started. He also asked for a copy of a memo dated March 28th regarding the decision to lease and he wanted to know a little history about that and how the decision was made. He also asked if the leases are open-ended or close-ended. He also stated that they have questions about the police fleet and if the township plans on keeping all eight vehicles, how the vehicles are used and how many vehicles are on the road at one time and do the officers drive the vehicles home or are they parked somewhere?
Chief Boehs presented a written and oral report of police activities for the month of May including 628 complaints, 78 combined arrests, 94 traffic stops, 13 traffic accidents and 8,806 patrol miles. He added that they assisted other agencies 14 times and they were assisted 8 times. Mrs. Underwood stated that the call volume is going up and asked if the types of calls they are receiving are more violent crimes? Chief Boehs reported that the number of serious crimes are going up. He added that the detectives are currently investigating 25 ongoing sex cases, 24 burglaries, several assaults and a handful of thefts. Mrs. Golden asked if there are any trends that the public should be aware of and Chief Boehs stated that there have been burglaries in the campgrounds, two home invasions and church burglaries.
There was no old business on the agenda.
Chairman Waybright stated that the first item under New Business is to authorize the manager to sign a contract with Constellation Energy to purchase electricity for the township. Mrs. Ford reported that the rate caps are going to be lifted in January, 2011 and the township has been interested in finding cheaper alternatives for energy purchase. She added that the PLCM has taken bids from companies around the country and Constellation Energy was awarded the bid and some of the larger boroughs such as Lancaster and Harrisburg have already started using Constellation Energy. She added that the term can be from 1 year to 4 years and the Board is looking at a 3 year agreement and it will save us 30% today even before the rate caps come off. She stated that the best time to sign is when the rates are at their lowest and if she misses this low period she will wait until September when the rates go back down to sign. Mrs. Golden made a motion to authorize the Manager to sign the contract with Constellation Energy for the purchase of electricity seconded by Mrs. Underwood and carried.
Chairman Waybright stated that the township has a request for a fireworks display on July 10, 2010 at the Allstar during Bike Week. Mr. Shealer made a motion to approve the request to hold a fireworks display on Saturday, July 10, 2010 at the Allstar seconded by Mr. Phiel and carried.
Chairman Waybright also reported that Barlow VFC as filed an application for a Special Event permit for their annual carnival to be held July 15 – July 17. Mr. Phiel made a motion to approve the special event permit for Barlow VFC annual carnival seconded by Mr. Shealer and carried.
Mr. Knoebel gave some background information on the Samuel Feldman Planning Module. He reported that they wish to place a second single-family home on a 31 +/- acre parcel on White Oak Trail which requires a land development plan and while discussing this at the workshop the question came up why they are not hooking into the private sewer lines owned by the HOA and Mr. Terry Sheldon from Carl Bert Associates was present to elaborate on that. He added that connection to the public sewer line is the back-up should their on-lot system fail and they have a letter from Cumberland Township Authority. Mr. Sheldon presented an amended Alternative Sewage Facilities Analysis to be placed in the Planning Module and explained that in order for them to connect to either the public lines on Biglerville Road or the private lines in White Oak Trail it would require them to disturb other private property or the right-of-way of White Oak Trail and they are longer distances then if they go with an on-lot system. Mr. Shealer made a motion to approve the Planning Module for Samuel Feldman with the inclusion of the Alternative Sewage Facilities Analysis seconded by Mrs. Underwood and carried.
Chairman Waybright reported that the road projects were put out for bid and the bids were opened on June 16th. Mr. Shealer reported that there were two bidders on the overlay project on Old Mill Road from Route 116 to Herr’s Ridge Road. The bids were from C. E. Williams Sons, Inc, in the amount of $103,342.54 and Valley Quarries in the amount of 113,976.50. He added that there was an alternate bid for double yellow line and thermoplastic stop bars and the COG had bid for these items and the township could see a savings of about $1,900.00 by going with the COG bid. Mrs. Underwood made a motion to approve C. E. Williams Sons, Inc. as low bidder seconded by Mr. Phiel and carried.
Chairman Waybright reported that there was a second bid for double seal coat and there was only one bidder. Mr. Shealer further reported that the bid would cover Black Horse Tavern Road from Rt. 116 to Millerstown Road, Sachs Road from Taneytown Road to the township line, Herr’s Ridge Road from Rt. 30 to Old Mill Road and Ridge Road from Emmitsburg Road to Knight Road. He added that the bid from Hammaker East, Ltd. came in under his estimate of 121,967 in the amount of $114,998.40. Mr. Phiel made a motion to award the 2010 double seal coat bid to the sole bidder, Hammaker East, Ltd., in the amount of $114,998.40, seconded by Mrs. Golden and carried. Mr. Shealer added that it looks like we will end up with a reserve carry over of around $60,000.00 and this is all state Liquid Fuels money, not township tax money.
Mrs. Underwood made a motion to schedule the public hearing for the ASA V review at 6:45 p.m. on August 24, 2010 seconded by Mrs. Golden and carried.
Chairman Waybright reported that he would like to advise the residents that the matter of Police Association representation is a decision driven by the Association and not the Board of Supervisors. He added that after receiving this request from the Association and looking into the matter, the Board has been advised by their legal counsel that it is the Association’s legal right to make this decision and the Board hopes that it will end up being a prudent decision for everyone and it will not affect the current contract that expires at the end of 2011. Attorney Dively stated that the Board is taking action on a Joint Request for Certification certifying and acknowledging that there was a recent vote to place the Teamsters Local 776 as the member’s choice for representation replacing the Cumberland Township Police Association and that will be filed with the PLRB and the Police Association has already voted. Mr. Phiel made a motion to acknowledge the Memorandum of Agreement between the Cumberland Township Police Commission and the Teamsters Local 776 seconded by Mrs. Underwood and carried.
Mrs. Ford reported that the owner of the Gettysburg Inn has established an escrow account in the amount of approximately $32,000.00 and has a $5,000.00 escrow with the township to cover related fees and Mr. Oza has requested to have the $32,000.00 released. Mrs. Underwood made a motion to release the $32,000.00 escrow account back to Mr. Oza with the township retaining the $5,000.00 escrow account for fees seconded by Mrs. Golden and carried. Mrs. Ford added that she will make sure that the $5,000.00 escrow account is replenished back to the $5,000.00, as required, before she releases the $32,000.00.
Mrs. Ford also reported that the she and Mr. Knoebel met with PennDOT at the Belmont Road bridge and they are on board with the township overlaying the road and making some drainage improvements piggybacking on to their bid and Mr. Knoebel just has to supply the quantities to Will Cameron, county bridge engineer.
Mrs. Ford reported that she is working with the Authority on the Glace contract and she will be meeting with Todd Williams next week and lastly she reported that we received notification from PEMA that we will be receiving just under $27,000.00 reimbursement for our snow removal expenses from the February snow storms.
Mrs. Underwood reported that she and Mrs. Ford attended an airport zoning meeting regarding bringing the Gettysburg Airport up to date as required by the federal government and this item will go to the Planning and Zoning Committee.
The Zoning Officer and Assistant Secretary’s reports were reviewed.
Being no further business the meeting was adjourned at 7:43 p.m. by motion of Mr. Shealer seconded by Mr. Phiel and carried.
_____________________________
Carol A. Merryman, Asst. Secretary
Minutes of the July 27, 2010 Meeting
The regular meeting was called to order at 7:00 p.m. by Chairman Waybright. Present were all Supervisors; Flo Ford, Attorney Sam Wiser, Carol Merryman, Tim Knoebel, Chief Boehs, Sergeant Molloy, Mike Galassi, Speros Marinos, John Hayes, Don Sangirardi, Al Ferranto, Mr. and Mrs. Mike Jackman, Mr. and Mrs. Bill Leonard, Ben Craddock, Peter Martin, Bob Sharrah, Attorney Bernie Yannetti, Matt Sentz, Jeff Stough, Terry Sheldon, two other visitors who did not speak, Scot Pitzer from The Gettysburg Times and Tim Prudente from The Evening Sun. The meeting was tape recorded.
Chairman Waybright reported that the Board of Supervisors held an Executive Session last night from 6:30 p.m. to 8:10 p.m. and this evening prior to the meeting from 6:00 p.m. to 6:45 p.m. dealing with a personnel issue. Chairman Waybright introduced Attorney Sam Wiser who will be taking Melissa Dively’s place who has moved on to pursue other things. Chairman Waybright also reported that Attorney Wiser is up to speed with the township’s issues.
Mrs. Underwood made a motion to approve the Minutes of the June 22, 2010 regular meeting seconded by Mrs. Golden and carried.
Mr. Phiel made a motion to pay the bills, in the amount of $185,461.41 from the General Fund and $4,564.84 from the State Fund, seconded by Mrs. Underwood and carried.
A sign-in sheet was used and Chairman Waybright called on the following people to speak.
Mr. Speros Marinos thanked Mrs. Ford for her service to the township and stated that he does not feel that she can be replaced and hopes the Borough folks know what they are getting. He added that Bike Week was not as bad as it had been in previous years and he asked the Board to please reconsider the event needing a Special Event permit and they are not against Bike Week but, they are against the loud noises that irritate and drive their customers away. Lastly, he asked the Board to support a crosswalk from The Pike to its overflow parking lot when they go to PennDOT for that.
Mr. Don Sangirardi, on behalf of Concerned Citizens of Cumberland Township (CCCTPA), also thanked Mrs. Ford for her six wonderful years of service and that in reading about her leaving he learned that the township’s tax millage has gone from under 1 mil to 5.5 mils and they feel that it is time to do some budgeting. He added that we have a good Police Chief and eight full-time police officers and they have eight police cars and they respectfully request that the department go back to the five cars that they originally had and sell three cars. Mr. Sangirardi’s written statement is attached at the end of the Minutes.
Mr. Al Ferranto, on behalf of CCCTPA , echoed the comments of the previous two speakers regarding the job that Mrs. Ford has done. He added that she has been cooperative and very professional and they will miss her. Mr. Ferranto read a prepared statement regarding the Memorandum of Understanding with Mason Dixon Resorts and the language contained particularly in #11 regarding the terms of the agreement, #12 regarding amending the agreement and that Joe Lashinger’s ownership was not disclosed at the time the MOU was signed. Mr. Ferranto’s statement goes on to ask that the Township not testify at the Gaming Board’s hearings. Mr. Ferranto’s written statement is also attached at the end of the Minutes.
Mr. John Hayes, 445 Pumping Station Road, on behalf of CCCTPA, read a written statement requesting that the health care coverage provided for the Supervisors be deleted from the budget. The statement adds that part-time employees do not receive benefits and this would reduce some of the tax burden at a time when so many township people are hurting. Mr. Hayes’ written statement is also attached at the end of the Minutes.
Mr. Bill Leonard submitted another copy of his petition for the township to close Bream’s Hill Road with Mrs. Anderson’s signature along with her daughter who actually owns the property now. Mrs. Anderson has requested that the snow be removed to her driveway. Mr. Leonard verified that the petition represents every property owner on Bream’s Hill Rd.
Mr. Matt Sentz, Barlow Fire Department, presented a six month report of fire activities including 81 calls, 4.12 minute response time, 12 people per call, 902 staff members and 1223 hours. He added for the same time period last year they had 64 calls, 4.09 minute response time, 9 people per call, and 568 staff members with a time of 754 hours. He added that calls have increased because of first alarm structure assignments into Gettysburg. He added that they ran 24 calls into Cumberland Township so far in 2010 and had run 20 calls for the same time last year. They have run a few less calls into Mt. Joy Township this year than they did last year. Lastly, he reported that their website is up and it is www.barlowfiredepartment.org.
Chief Boehs presented a written and oral report of police activities for the month of June including 558 complaints, 61 combined arrests, 100 traffic stops, 10 traffic accidents and 15,610 patrol miles. He added that they assisted other agencies 13 times and they were assisted 9 times. Mrs. Golden asked if there are any trends that the public should be aware of and Chief Boehs stated that there have been burglaries and break-ins. Chief Boehs also reported that Officer Tim Biggins is receiving a statewide Officer of the Year award from the American Legion and they will be going to Bedford where Tim will accept the award.
There was no old business on the agenda.
Mrs. Ford reported that there are bills in the State House and Senate proposing to force local governments to merge and consolidate under county administration and PSATS has written this Resolution to be sent to the state expressing the township’s discontent over these bills. Mrs. Underwood stated that the opposition is to forced mergers and the Board continues to support voluntary mergers or consolidations of local government that are initiated at the local level and have the support of the residents of all affected municipalities. Mrs. Underwood made a motion seconded by Mr. Shealer and carried to adopt Resolution 10-20 Opposition to Forced Local Government Mergers and Consolidation.
Chairman Waybright also reported that sadly, Flo Ford has submitted a letter of resignation and is taking another position. He added that Flo has done a lot of good for Cumberland and all of the townships in the past six years and she will be missed. Chairman Waybright personally wished her well. Mrs. Ford stated that she will miss the township’s residents, staff and the Board of Supervisors. Mrs. Golden made a motion to accept with regret, Florence Ford’s resignation as Township Manager. Mrs. Underwood seconded the motion and the motion carried. Chairman Waybright reported that the Board is searching for an Interim Manager and hopes to have someone on board soon. He added that Mrs. Ford will be taking vacation time and will not be available for the public and the Township will be having a Good-Bye Party on Thursday, August 12th from 11:00 a.m. until 2:00 p.m. if anyone would like to come.
Mr. Knoebel reported that the Gary and Joyce Maitland Sewage Planning Exemption is associated with a minor subdivision on Rt. 30 West and the exemption needs to be forwarded to PADEP for their approval, the paperwork is in order and Cumberland Township Authority has supplied the necessary willingness to serve letter and he recommended the approval. Mr. Phiel made a motion, given the discussion at the workshop and on recommendation of the township’s engineer, to approve the Gary and Joyce Maitland Sewage Planning Exemption seconded by Mrs. Golden and carried.
Mr. Knoebel reported that the Grandview Station 3-Lot Subdivision Sewage Planning Exemption is associated with a subdivision on Biglerville Road that was given preliminary approval with one of the conditions being sewage planning approval. He added that the exemption needs to be forwarded to PADEP for their approval, the paperwork is in order and Cumberland Township Authority has supplied the necessary willingness to serve letter and he recommended the approval. He added that, depending on the uses that eventually go on the lots; they may need to do additional sewage planning. Mr. Shealer made a motion to approve the Grandview Station 3-Lot Sewage Planning Exemption to be forwarded to PADEP seconded by Mr. Phiel and carried.
Mr. Knoebel reported that the Samuel Feldman Land Development Plan proposes the addition of a second dwelling on the Feldman property on White Oak Trail. He added that the Sewage Planning Module has been approved by PADEP and they have addressed his comments on the review letter dated July 21, 2010 and an amount for the bond has been established. He added that there is one waiver that needs to be acted on for the waiver of the submission of a Preliminary Plan and he would recommend that the waiver be granted. Mrs. Underwood made a motion to approve the request for a waiver to the requirement to submit a Preliminary Plan (SALDO Section 303) on recommendation of the township engineer and Planning Commission seconded by Mrs. Golden and carried. Mr. Shealer made a motion to approve the Samuel Feldman Land Development Plan subject to the conditions outlined in the July 21, 2010 letter from the engineer. The motion was seconded by Mr. Phiel and carried.
Mr. Knoebel reported that the Phase I Final Plan for St. Francis Xavier Church for their project located at the intersection of Table Rock Road and Boyd’s School Road includes construction of the school, parking, entrances and improvements to the intersection. He added that the plan is not ready for approval but, the Board should authorize Attorney Wiser to work with the developer’s attorney in preparing an agreement for the intersection improvements and sidewalk construction. Mr. Shealer made a motion seconded by Mrs. Underwood and carried to authorize Attorney Wiser to work with the developer’s attorney to prepare a developer’s agreement.
Mr. Knoebel reported that the Board had denied the Preserves at Plum Run and Wayne and Susan Hill subdivision plans and the plans were then reinstated with a 90-day extension to address the water and sewer and they are currently trying to work out these details and are requesting another extension. Mrs. Golden made a motion to grant a 90-day time extension for the Preserves at Plum Run and the Wayne and Susan Hill development seconded by Mr. Phiel and carried.
Mr. Knoebel reported that the developer of Patriot’s Choice wants to move forward with dedication of all streets in Phase I and a substantial portion of Phase II. He added that they are making progress on the punch list items, the amount of the maintenance bond has been established and as-built drawings have been received. He reported that there are issues with the handicap ramps that will need to be worked out. He added that all of this could be finished up and this could be ready for action at the August meeting. He recommended that the Board authorize Attorney Wiser to prepare the resolution for the adoption of the subject streets. Mrs. Golden pointed out that Mr. and Mrs. Mike Jackman, representing the Homeowner’s Association, were present at the meeting. Mr. Knoebel stated that the acceptance of the streets is not being acted on tonight and that acceptance of the streets does not eliminate any bonding that is still in place for improvements that have not yet been completed and there are some drainage improvements that still need to be done at the site. Mr. Jackman stated that the homeowners have concerns and have an interest in the streets being completed properly. He added that he participated in a walk-through on June 9, 2010 and he had brought up three concerns at that time. He added that he had requested a copy of the punch list and he was assured that he would get it, that they had only reviewed the improvements made in 2010 mostly in Phase II and he wanted to look at Phase I again before final acceptance and the conditions of the sidewalks. He added that the sidewalks have been worked on; he did not receive the punch list and has not been invited to a walk-through of Phase I. He added that their attorney did write a letter to the township requesting this. Mr. Knoebel stated that he would give Mr. Jackman a copy of his July 21, 2010 letter and he will invite him to the walk-through of Phase I. Mrs. Underwood made a motion to authorize Attorney Wiser to work on the documents needed for Patriot’s Choice street dedication seconded by Mr. Phiel. Mrs. Golden stated that, she for one, would not agree to take dedication of the streets unless Phase I is reviewed with the Homeowner’s Association. The motion carried.
Attorney Wiser reported that Act 46 was recently passed by the legislature and it extends the approval of any type of land development permit and it contains a verification process by which someone who thinks that they have one of these permits can request that the township verify the existence of the permit and the expiration date. He added that the Act provides for a fee for the administrative time that it will take for the verification in the amount of $100.00 for a residential permit verification and $500.00 for commercial permit verification. He stated that in order to assess these fees the township must adopt a resolution for the verification process and fees. Mrs. Golden made a motion to adopt Resolution 2010-21 seconded by Mrs. Underwood and carried.
RESOLUTION 2010-21
A RESOLUTION OF CUMBERLAND TOWNSHIP, ADAMS COUNTY, PENNSYLVANIA, ADOPTING FEES FOR REQUESTS FOR DEVELOPEMNT PERMIT VERIFICATION UNDER THE PERMIT EXTENSION ACT (ACT 46 OF 2010.)
Mr. Phiel made a motion to grant a request for extension for approval of the Gary and Joyce Maitland Final Subdivision Plan until November 1, 2010 while they wait for Sewage Planning Exemption approval, seconded by Mrs. Golden and carried.
Mrs. Ford reported that she has signed the contract with Constellation Energy and the township will see a 30% saving on their electric bill before the rate caps come off.
Mrs. Ford also reported that Mr. Ferranto filed a formal complaint against IESI regarding the six-month reminder for large-item pick-up and IESI has 48 hours to reply.
The Zoning Officer and Assistant Secretary’s reports were reviewed.
Mrs. Underwood stated that within the last year many properties have been coming off of the township’s tax rolls including: HACC, Gettysburg Airport, Gettysburg Foundation Visitor’s Center and we have had decreases in the Weis property, Adams County National Bank property and Westinghouse property and the township has nothing to say about it, it is done by the county and it does make an impact.
Mrs. Golden thanked Mrs. Ford for her service and wished her well in her new position.
At 8:00 p.m. Chairman Waybright adjourned the meeting for an Executive Session to address a personnel issue and he stated that there will be not report to follow.
_____________________________
Carol A. Merryman, Asst. Secretary