LITTLE BRITAIN TOWNSHIP MAY 12, 2009 The Little Britain Township Board of Supervisors held its regular monthly meeting on Tuesday, May 12th, at the Municipal Building, 323 Green Lane, Quarryville, Pennsylvania. Prior notice of the meeting was given. Chairman, Gregory Culler called the meeting to order at 7:00 p.m. A moment of silence was followed by the salute to the Flag. PRESENT: Greg Culler Randy Jackson Jerry Emling Jeff Wood Margaret DeCarolis Please see page 7 for a listing of those present. MINUTES: Motion made by Mr. Jackson, seconded by Mr. Emling and carried to adopt the minutes of the April 14th meeting as presented. Motion made by Mr. Emling, seconded by Mr. Wood and carried approving the minutes of the special meeting that was held on April 30th. SANITATION: It was reported that Mr. Stoner collected $525.00 in sanitation fees during the month of April. ZONING: Zoning Officer, Christine Jackson reported issuing 12 building, 14 occupancy and 3 demolition permits during the month of April along with the acceptance of 1 Zoning Hearing and 1 Conditional Use Applications. Ms. Jackson also advised of the following: Zoning Hearing Application received from Bennie Lapp. Update on the Levi Lapp zoning violation appeal. Responses by Mr. Lapp to the court as ordered by Judge Madenspacher were enclosed for review. Construction quality issue on a home built for James Vasco. Per Commonwealth Code Inspection Services, while the contractor was able to meet Building Code regulations, the quality of the home constructed was poor and has referred Mr. Vasco to the Attorney General’s office. Advised of Act 132 – The Home Improvement Consumer Protection Act. She advised that this act becomes effective as of July 1st. All contractors performing work in excess of $5,000 per year must register with the state. Information pertaining to the act is available in her office. Complaint received from resident on Little Britain Road North pertaining to the spreading of manure in what they believed was running into the gutters and running into the nearby stream. Ms. Jackson contacted the Lancaster County Conservation District who investigated the complaint and found it unsupported. Has been advised that Areva NP, the company responsible for moving 3 large generators from the port of Baltimore to Three Mile Island will be utilizing the old 1 Little Britain Elementary School as an overnight facility. Whatever changes are made to accommodate them during this time, will be removed and the property restored to its original condition when work is completed. TAXES: Tax Collector, Charlesie Coates reporting collecting $44,504.79 in Real Estate tax and $214.67 in Interim tax during the month of April. Ms. Coates also advised of a training session that she wished to attend in York. Motion was made by Mr. Emling, seconded by Mr. Wood and carried authorizing Ms. Coates to attend the seminar as requested. ROADS: Roadmaster, Jerry Emling reported on the following April road crew activities: Opened up Park turned on water and mulched limbs. Hauled ½ inch stone to Township building. Cut low limbs on and widened Dogwood Rd. Swept development roads for skin patching. Hauled recyclables and tires to landfill. Skin patching in West Nottingham, Fulton, Drumore, East Drumore and Little Britain Townships. Back dragged Scott, Eagle and Fern Crest Rds. Performed routine equipment maintenance. Filled in potholes. Mowed road banks. Attended PSAT’s Convention in Hershey. Took off bank and seeded Ashville Rd. Widened and installed inlet boxes on Dogwood Rd. Relocated stone to salt shed. Cleaned side gutters on Ashville and Springhill Rds. Replaced brushes on sweeper. Filled in holes on Honeysuckle Rd. PLANS FOR JUNE/JULY Widen and pave Shady Rd. Work on Camp Rd Bridge. Mr. Emling advised that the takeback of Lloyds Rd has been approved. He further stated that once funding for the project is received, he would advertise for bids and notify residents of work to be done along with a timetable for the project. PAYMENT OF BILLS: Mr. Wood inquired as the proposed payment to West Nottingham Township. Mr. Emling advised that this was for the emulsion oil that was used for the skin patching. It was further noted that approval was given when contract bids were awarded for the Township to purchase its oil from this Municipality based on the significance of their contractors bid price. Motion made by Mr. Jackson, seconded by Mr. Emling and carried authorizing the payment of General Fund checks 6974 through 2 7007 in the amount of $23,788.92 and State Fund checks 1785 through 7839 in the amount of $33,812.25. PUBLIC PARTICIPATION: Park Board member, Pat Wood advised the Board that the Egg Hunt had gone well and thanked all of the volunteers who helped that day. Judge of Elections, Linda Bolt reminded the Board of Election Day on Tuesday, May 19th and inquired about obtaining a key. She will obtain that from the Secretary/Treasurer as in the past. Jeff Wood acknowledged the clean-up work that had taken place at the park. He thanked the volunteers from both Saturdays and indicated that the pigmy goat club and/or their parents were extremely helpful. EXECUTIVE SESSION: At 7:15 p.m., Mr. Culler called an executive session for the Board to discuss personnel issue. The meeting was reconvened at 7:26 p.m. SUPERVISORY OPENING: Mr. Culler advised that the Board had held the executive session to discuss the opening on the Board of Supervisors due to the death of Mr. Eller. He further indicated that due to Mr. Proffitt’s wife being a distance relative of his wife’s that should he become a nominee for the opening that he would abstain from voting to avoid any possible appearance of conflicts of interests. He indicated that he has consulted the Township Solicitor pertaining to this matter and was advised by legal council that all Board members should abstain from voting on the appointment or hiring of any family member. Additionally, he stated that due to the relationship between Mr. Wood and Mr. Groff as well as himself and Mr. Proffitt that per attorney recommendations neither of them should be participating in any discussions or voting on an appointment involving relatives. Mr. Culler further indicated that the Board had held a public meeting on May 30th at which time Mr. Curtis Jones was appointed as the replacement for Mr. Eller. Since that time, Mr. Jones has confirmed that he is unable to accept the position due to scheduling conflicts with some of his other obligations and was uncomfortable by the negative press since the announcement of his appointment. Therefore, he was opening up the floor for nominations. Resident, Harry Eller commented on Mr. Culler’s statement of abstaining from voting due to family relations and questioned why Mr. & Mrs. Jackson were both employed by the Township or why Curtis and Troy Jones both being employees of the Township didn’t pose a problem. Mr. Culler advised that Zoning Officer, is appointed by the Board of Supervisors for that position and that Ms. Jackson has served in that position nearly 10 years. Mr. Jackson serves as Supervisor, which he was elected to serve for. Additionally, Mr. Jackson has not voted on any matters that could have a personal financial effect on Ms. Jackson. As for Curtis and Troy Jones’ father and son relationship, Curtis Jones is no longer in a position to have any say of work being performed by the Township and when he did serve as a Board member, he also abstained from any issues that could have effected Troy’s position with the Township. Mr. Eller then stated he would like to nominate Christ Groff as a candidate for the opening on the Board. He stated his belief that Mr. Groff was a lifelong member of the Township and qualified to serve on the Board, would reflect the positions that David Eller represented and requested that those in attendance be allowed to vote. Mr. Eller was advised that the nominations being sought this evening were from the Board, not the residents. The person being appointed this evening would serve at the Boards request 3 until the end of the year. The residents would be able to voice their choices on filling the opening in the November election when a vote would be held for someone to fulfill the final 4 years of Mr. Eller’s term. Resident, Thanh Tran inquired whom the Board was considering for the position. Mr. Emling advised that he had nominated Mr. Jones due to the number of years he had previously served on the Board and his ability to step into the position with knowledge of the issues facing the Township. Additionally, he indicated that the difference of votes between Mr. Jones and Mr. Eller in the previous elections were minor and felt that due to the substantial number of votes he received he obviously had support of Township residents. Numerous other residents stated their support of Mr. Groff and commented on their desire to see him serve. Mr. King, the Township Republican Committeeman advised the Board of the State Ethics Code, which he read from as it pertained to conflicts of interests and what constituted a family member. Following a lengthy discussion, Mr. Culler motioned to appoint Mr. Groff to serve as Supervisor until the end of the year. Mr. Wood seconded the motion. Mr. Emling and Mr. Jackson opposed the motion, which failed to be carried. Mr. Emling then indicated he would like to nominate Erwin Saniga who he advised had also served as a Board member for 12 years and also obtained support in the primary election 2007. Following Mr. Saniga confirming that he was willing to serve the Township in this capacity at the request of the Board after concerns had arisen from those in attendance as to his willingness to accept the position Mr. Emling motioned he be appointed for the opening. The motion was seconded by Mr. Jackson and carried. Mr. Wood opposed the motion. Several comments following the vote were stated when Mr. Culler advised that the Board has always during his tenure as Supervisors worked for the best of the residents it serves. He further stated his dismay by those who attend meetings merely to complain and attempt to have the regulations in force voided on their behalf. He further defended the concerns stated over the years pertaining to Zoning and Building Code issues. He clearly indicated his belief that the current Zoning Officer performed her duties with integrity and fairness to all. Additionally, he explained that while the Board may or may not be pleased by some of the regulations they are forced to work within due to State or Federal mandates that it was their responsibility to ensure that they as well as all of those employed by them to abide by all legal requirements and to ensure that all of them were consistently applied to everyone equally. RESOLUTION #8-09: Electronic Access to PennDOT Systems – Following a review of the resolution which authorizes the Secretary/Treasurer access to the PennDOT system for form completion and relevant information needed by the road department a motion was made by Mr. Wood, seconded by Mr. Emling and carried adopting Resolution #8-09. RECYCLING TRAILER: Mr. Culler advised that a public meeting was held to discuss concerns over the current recycling trailer. Mr. Aument from Fulton Township attended the meeting and stated that his Township would be agreeable to taking the trailer and continuing its recycling program with it, however, he did not feel that any financial considerations were warranted as the trailer had been purchased primarily through grant funding. Mr. Proffitt of Econ Refuse Service had also attended the meeting and advised that his company could provide a trailer and all required service for the disposal of the recyclables for approximately $2,000.00 a year. Mr. Emling stated his thoughts that 4 recycling should be handled by a private business and not by government and motioned to allow Econ Refuse to provide the service to the Township. Mr. Wood stated his concern over the expense and indicated his desire to ride along the next time the trailer was taken to be dumped. Following a brief discussion, Mr. Culler indicated his belief that due to the expense that the matter should be placed for bid. Mr. Wood then motioned that the matter be tabled until additional information pertaining to this could be obtained. Mr. Jackson seconded the motion, which carried. It was also noted that volunteers were needed to man the recycling during July and August. Mr. Culler indicated he would cover the first Saturday in July and residents Jim and Sue Bullitt agree to man the recycling day in August. SPRING CLEAN UP DAY: It was noted that approximately 95 residents participated in the event this year. Total expenses for the event were $1,833.23 with $1,025.23 being paid by the Township for costs not covered through fees charged. There were 61 tires collected the day of the event and 16.13 tons of other items disposed of following the clean up event. It was noted that 2 individuals disposed of items free of charge as they had collected them while cleaning up the roadsides on Kirks Mill Rd. FARMLAND PRESERVATION TOWNSHIP CHALLENGE GRANT: The Board was advised of information received from the County announcing the 2009/2010 Farmland Preservation Challenge Grant. The memo indicated that Townships would need to contribute 50% of the funding required in preserving farmland. Ms. Jackson, Zoning Officer indicated that she had contacted the County expressing concerns over the financial obligations being requested through this program and inquired how the Townships inability to participate in the program would affect residents seeking to have their farms preserved. She was advised that Townships willing to participate in the Grant Challenge program would see residents from their municipalities moved up the list. Following a discussion, the Board confirmed they the Township would be unable to participate in the program due to the funding requirements. INTER-MUNICIPAL COUNCIL: Mr. Wood indicated that he attended the last meeting of the Inter-Municipal Council where they discussed a cost sharing health insurance plan. While he indicated he did not understand all of the information presented, he felt that it would be a good idea for the Township to provide the information being requested to confirm what type of plan the representative of the insurance company would proposed and what expenses for such a plan would be. Mr. Emling stated this was the type of insurance provided by School Districts and had they had been laden with problems. Following a brief discussion, the Board indicated they would provide the information being requested and see what programs were recommended as a result. Mr. Wood advised that an additional meeting would be held on June 16th at the Quarryville Library with further information if other Board members were interested in obtaining more information. TOWNSHIP WEBSITE: It was noted that the person who had been maintaining the Township Website had been unreachable and updates to the site have not taken place since January. Numerous attempts have been made to reach the person via phone and e- 5 mail to no avail. The Secretary/Treasurer requested approval to seek another person or company who could provide updating services for the Township. Mr. Saniga advised that he could possibly obtain a college student to update the site and train individuals on updating the site internally going forward. Resident, Mr. Tran indicated that no one at the Township was IT expert, which is beneficial in maintaining a website such as the Townships, and highly recommended a consult be hired for that work. COMPREHENSIVE PLAN: Mr. Emling stated his concerns over the amount of financial responsibility it appears the Township would be forced to encounter under the proposed plan. Zoning Officer, Ms. Jackson advised that the Township has the ability to establish what figures it chooses to input into the implementation boxes within the plan. The Board agreed to establish a date for a public hearing on the Proposed Comprehensive Plan. They will check their schedules and advised of available dates so a hearing can be scheduled. It was also noted that the Road Opening Ordinance also required a hearing and will therefore be scheduled for review at the same time. Resident, Pat Wood inquired if the Township Zoning Officer would be revised once the comprehensive plan is adopted. The Board felt confident that the current Zoning Ordinance would be opened for review following the adoption of the Comprehensive Plan. PLANNING COMMISSION: Motion made by Mr. Emling, seconded by Mr. Jackson and carried adopting the minutes of the April 28th Township Planning Commission meeting. RELEASE OF ESCROW: Following a review of comments provided by Township Engineer, Ed Fisher motion was made by Mr. Wood, seconded by Mr. Emling and carried authorizing the release of escrow being held on Daniel Miller and the Jesse and Ruth Ann Wood subdivision. TRAINING/SEMINARS: Upcoming training and seminars were reviewed. ANNOUCEMENT: Resident, Christ Groff advised that he would be seeking the remaining 4 years of Mr. Eller’s term as Supervisor on the November ballet. He further indicated that as a business owner and long term resident he felt he would be able to assist in the daily operations of the Township. He indicated he did not wish to replace employees or “bully” anyone, he just desires to be able to give back to his community through his service as a Supervisor. ADJOURNMENT: At 8:30 p.m., being no further business, motion was made by Mr. Wood, seconded by Mr. Emling and carried to adjourn the meeting. Respectfully Submitted, Margaret D. DeCarolis Secretary/Treasurer url 6 THOSE IN ATTENDACE AT THE MEETING Linda Bolt Ron Bolt Larry Brown Mark Brown Jim Bullitt Sue Bullitt Charlesie Coates Angel Coldiron Scott Coldiron Harry Eller Pat Eller Christ Groff Lisa Groff Rosemary Groff Debbie Housekeeper Larry Housekeeper Troy Jones Benuel King Bernie King Christine King Daniel King Kenny King David Knight Daniel Miller Allen Monk Dan Proffitt Debbie Proffitt John F. Stoltzfus Bill Sumner Louise Tomlinson Thanh Tran John Wagner Jesse Wood Jesse James Wood Pat Wood Tammy Wood Ed Wylie Gerald Y Ira Zimmerman 7