MINUTES OF SEPTEMBER 14, 2016 – Supervisors

MINUTES OF SEPTEMBER 14, 2016

The meeting was called to order at 7:00 P.M. by Chairman Donald R. Leibig, commencing with the Pledge to the Flag.

Present:

Donald R. Leibig, Chairman

Dan K. Hogeland, V. Chairman

Eric J. Weidman, Supervisor

John D. Enck, Solicitor

Lorie J. Kupp, Sec./Treas.

PUBLIC COMMENTS:

Cleason Fox was present representing Alvin Stoltzfus with a request to only partially blacktop the parking area (20’ in front of building – parking spaces) instead of the whole area (80’ x 120’) as was approved by the Land Development Plan and the driveway permit which was issued.  The township’s zoning ordinance Sec. 17.08 Improvements to Parking & Loading Areas, requires asphalt, concrete or other similar hard surface approved by the Township Supervisors.  Solicitor suggested Lebanon County Planning be contacted by Mr. Stoltzfus because they approved the Land Development and there could be violations if the site is developed differently than what was approved.

REPORTS OF ORGANIZATIONS:

Recreation Board – Bob Wright was present with the June, July & August minutes. The Board is interested in going back to 7 members instead of 5, and also questioned if the members must be residents of the township.

Planning Commission – Karen Krater present with report.

Millcreek-Richland Joint Authority minutes and financial statements were received.

Newmanstown Water Authority – minutes were received.       

Greater Lebanon Refuse Authority – minutes were received.

Police Activity report was received.

MINUTES:  Motion by Hogeland to accept the minutes as printed. Seconded by Weidman.  All aye, motion carried.

Recess: Leibig recessed regular meeting at 7:25 P.M. to convene hearing for the proposed amendments to the Zoning Ordinance.

Solicitor explained certain procedural requirements that must be met, and documents that must be put into the record of this hearing. Secretary was instructed to place the following items in the hearing record:

Exhibit 1 –           Certificate of Hand Delivery signed by Lorie Kupp, that she hand delivered a letter and a copy of proposed ordinance #091416 to Planning Commission members on July 27th, July 28th, and July 29, 2016.

Exhibit 2 –           Certificate of Hand Delivery signed by Holly Hartsock certifying that she hand delivered, a Notice of Intent to Enact proposed Ordinance #091416, a Notice of Public Hearing, and a copy of the full text of Proposed Ordinance #091416 to the Lebanon Daily News on July 27, 2016.

Exhibit 3 –           Receipt signed by Julie Cheyney, Executive Director of the Lebanon County Planning Department, dated July 27, 2016, acknowledging receipt of the full text of Proposed Ordinance #091416.

Exhibit 4 –           Acknowledgement of receipt from the Lebanon County Law Librarian, dated July 27, 2016 for receipt of an attested copy of the full text of Proposed Ordinance #091416.

Exhibit 5 –           Certificate of Posting, signed by the Township secretary certifying that the Notice of Public Hearing and Notice of Intent to Enact was posted at the township building July 27, 2016.

Exhibit 6 –            Certificate pf Posting, signed by Donald Leibig certifying that on Aug. 29, 2016 he posted in 23 different places the Notice of Public Hearing.

Exhibit 7 –            Certificate of Mailing signed by Township Secretary certifying that on Aug. 4, 2016 she mailed the Notice of Public Hearing concerning the map and text amendments to the addresses of each property inside the areas that are going to be rezoned, as listed on the attached Exhibit B.

Exhibit 8 –            Proof of publication received from the Daily News for the Notice of Intent to Enact Ordinance – published as requested on Aug. 17, 2016.

Exhibit 9 –           Proof of publication received from the Daily News for the Notice of Public Hearing – published as requested on Aug. 24, 2016 & Aug. 31, 2016.

Exhibit 10–          Comments from the Lebanon County Planning Department dated Sept. 13, 2016.

Exhibit 11 –          Comments from the Millcreek Township Planning Commission dated Sept. 7, 2016.

Enck questioned if a copy of the ordinance was available from July 27, 2016 through today? Secretary answered yes.  Did anyone review the proposed amendment?  Secretary answered yes, 4 or 5 people.

Exhibit 12 – A letter from Paul Miller expressing his concerns and comments on the proposed amendments was reviewed.

Solicitor gave a brief description of the proposed Zoning ordinance being considered this evening, the hearing was then opened for comments or questions by those present.

John Kantner, 207 S. Sheridan Rd. was present for the Newmanstown Water Authority and questioned what the purpose of the amendments are, and how will it affect the Water Authority lands?  The Board asked Karen Krater to explain as the Chair of the Planning Commission – Krater explained that the portion proposed to be changed to E-1 will further protect the water resources for the community.  The Planning Commission was working on these changes for several years, and periodically the zoning ordinance is reviewed to update and provide a variety of the uses that are necessary according to the PA Municipalities Planning Code so that the township is in compliance.

David Habecker, 128 Stricklerstown Rd. commented on the farm land rezoning and possible development.  He stated that the township does not need more development.  Also commented on the traffic and speeding already occurring on Stricklerstown Rd.

Roy Gettle, 114 Stricklerstown Rd. questioned why the changes, what’s the reason, and who’s asking for it?  Hogeland explained some of the issues with DEP Hogeland Farms has experienced. Solicitor explained a certain amount of land must be used for each type of district and uses, and if there isn’t any residential area available a developer could convince a court that they are being unconstitutionally excluded and could build wherever.   Gettle said he was present epresenting someone who’s farm is being changed and didn’t receive a notice. Secretary questioned his name to check the list, and Gettle stated he couldn’t say, that the person did not want his name mentioned. Gettle also complained about when the sewage rate went up, that he believed it was because of Newburg Village. He doesn’t want to see another development and have his rate go up again.

Val Stokes, 37 Stricklerstown Rd. was also curious about why this came about, and if there was some plan in the works? Gettle again questioned what the sewer hook-up fees are? A– contact Sewer Authority, for their fees.  Several people asked questions pertaining to the sewer authority if there were a development and they were forced to hook up.

John Witter, 89 S. Mountain Rd. Questioned the definition of Convenience Commercial and why the change.  Krater again explained why these changes were worked on and recommended.  Solicitor stated that when zoning is changed in a particular area, and you live in that area, whatever you are currently doing can still be done as a prior non-conforming use.  Witter also questioned restrictions from the Burning Ordinance.  Solicitor stated, that ordinance is separate from the zoning ordinance.

Mike Williams, 225 S. Fort Zellers Rd. stated he was disappointed in the letter that was sent out and that there was no map included. Also questioned how rezoning would affect him in regards to an accessory building? He also complained about the current truck traffic.

David Yingst, 121 S. Fort Zellers Rd. Questioned if there is any proposed building already being planned or are these changes just for the township?  Leibig stated no building planned as far as we know.

Sue Heft, 52 Stricklerstown Rd. stated that she thinks the rezoning is odd since Nestles purchased Arrowhead, and the mansion was just moved and.  Q- what is light industrial?  Krater read from the zoning ordinance, the section on this District.  Heft also commented on traffic, the schools, and who got letters.  Heft stated she heard a rumor that Nestle wants to building a bottling plant.  The Board stated they have not heard any rumors about a Bottling Plant. Heft questioned what rezoning is based on – population, size of township or something else? Krater explained there is no set rule, but you have to look at the overall zoning provided.

Paul Miller, 230 S. Fort Zellers Rd. stated that most of his questions have been addressed, but he is also concerned about the water taken out by Nestles, and any other future issues with DEP.

Nevin Wenger, 13 Brick Plant Rd. expressed his concerns about the change from Heavy Industrial to Convenient Commercial.  Wenger has approx. 3 Ac. that would be changed to commercial.

John Witter, 89 S. Mountain Rd. again questioned when the zoning changes does it negate what the land is currently being used for?  Solicitor repeated that the zoning change will not keep you from continuing to do what you’re doing on your land.  Solicitor stated that there are probably some restrictions as well as flexibilities with the change.

Terry Oxenreider, 100 E. Main St. complained about the legal notices being in the newspaper instead of the merchandiser, as well as the postings around the township.  Oxenreider also wanted an explanation for why Main St. is being changed.  Leibig stated that we did what we legally had to do regarding the postings.  Oxenreider insisted he wanted to know what Jack Keener is going to do, Oxenreider believes the township was making the change on Main St. for him.  Board again stated that none of the proposed changes were being done for any specific plans.

Chairman Leibig adjourned the hearing at 8:55 PM and reconvened the regular meeting.

SOLICITOR:

Abner Peachy agreement was reviewed and discussed. Solicitor reported that the Tax Assessment Office lists the parcel as 3 Ac. but the deed says its barely more than 2 Ac. Peachey’s believed it was closer to 3 Ac.  Solicitor reported that he spoke to Gordon Sheetz regarding the septic system, and he has yet to determine if the current system can continue tobe used for the new house. The home would need to be removed within 60 days of the Occupancy permit being issued for the new home.  Motion by Hogeland to enter into agreement with the Peachy’s for the removal of their current dwelling after the new house is finished. Seconded by Weidman.  All aye, motion carried.

Ordinance # 091416 – Proposed zoning map and text amendments was presented to the Board for their consideration. Motion by Leibig to enact Ordinance #091416 pertaining to the zoning ordinance and the map proposed amendments. Seconded by Weidman.  Weidman aye, Leibig aye.  Motion carried.  (Hogeland abstained from deliberations and voting) Resolution #091416 Adopting a New Official Zoning Map was presented to the Board for their consideration.  Motion by Weidman to adopt Resolution #091416 adopting a new official zoning map. Seconded by Leibig.  Leibig aye, Weidman aye. (Hogeland abstained from deliberations and voting)

ACTION:  none

UNFINISHED BUSINESS:

2016/2017 Salt Bid results – American Rock Salt $60.00 per ton reviewed.

Lebanon County Convention – Oct. 6th Expo – Registration 7:30 – 8:45   Motion by Leibig that whoever wants to attend the Lebanon Co. Assoc of Township Officials Convention may do so. Seconded by Weidman.  All aye, motion carried.

NEW BUSINESS:

2016/2017 Penn Dot Winter Municipal Services cost adjustment – Exhibit A reviewed and signed.

Lebanon Co. Ag Preservation 2017 funding request was reviewed. No action taken.

PSATS UC Group Trust & Pa Twps. Health Insurance Co-op ballots were discussed. Secretary to complete and return.

Fire Co./ Fire Police request permission to assist at ELCO sports events: Sept. 9 – 23; Oct. 14 – 21.   Motion by Leibig to grant Fire Co. and Fire Police permission to help out at ELCO football games. Seconded by Hogeland.  All aye, motion carried.

Insurance renewal information tabled until the next meeting.

Tomlinson Bomberger proposal _ Leibig will call for more info.

Part-time police – Weidman informed the Board that Gregory Scott Riehl who worked for us before is now available to put in some part time hours for the township. None of the part timers are able to give many hours. Motion by Weidman to hire Gregory Scott Riehl as a part time officer for Millcreek Township effective this date. Seconded by Hogeland.  All aye, motion carried.

BILL’S/TREASURER’S REPORT: Motion by Leibig to accept the Treasurers Report and pay the bills as money is available. Seconded by Weidman.  All aye, motion carried.

ADJOURNMENT: Motion by Hogeland to adjourn the meeting at 10:10 P.M. Seconded by Weidman   All aye, motion carried.

WITNESS:

Lorie J. Kupp, Sec./Treas.                                                                                              Donald R. Leibig, Chairman