March 8, 2006


            The Regular Meeting of the Lower Oxford Township Board of Supervisors was held at the Township Building, 220 Township Road, on Wednesday, March 8, 2006.  Those present were: Supervisors Arthur A. Astle, Kenneth L. Hershey and W. Ronald Kepler; Code Enforcement Officer, Deborah Kinney; Building Inspector, John Jackson; Roadmaster, Steve Price; and Secretary, Ruth W. Libby; and 22 guests.


Chairman Astle called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance and a moment of silence.


There was no public comment concerning items on the agenda.


Angela White asked to speak about the sewer situation in Lincoln Village.  She said that it has become a health issue with the residents. She said she had written letters to the Township, Chester County Health Department, Lincoln University, Art Hershey and DEP and they all said it has got to come from the Township.  She stated they do not have the money and it needs to be addressed sooner than 2007.  Kepler attempted to explain how the Township has been working on this very problem for over ten years.  At one time we had a HUD grant to put in the lines but had to turn it back because there was no where for the sewage to go.  He said a regional Act 537 plan is nearing completion and it does address the situation in Lincoln, but it will take DEP’s approval before implementation.  The collection lines were engineered once, but how to pay for it is the problem. The new sewer plant at Lincoln University campus was designed to include Lincoln Village and once the plant has been turned over to the University, engineering plans can be revised.  He said the Township could adopt an ordinance that would make it a mandatory hook up for residents of the Village but they do not have the means to pay the $80 to $100 per foot property frontage.  John Walsh asked what kinds of lines are designed.  Sewer lines will be gravity fed to a collection point where it will be pumped to the University.  Darian White asked how many homes would be included in the sewer hookup. Bob Yeatman said that the Act 537 plan is very close to being presented to the public for review.  Once submitted to DEP, they have assured them of a fast turnaround on approval. Kepler asked how many residents there are on public water which is available in the area.  He said the Township was asked to take Park Lane into the road system so Chester Water Authority could run lines to a residence on that street. However that resident never completed the hookup.  He said ultimately the costs will be borne by the residents because it is for their benefit, but grants will be applied for so the Township can facilitate getting sewer to the Village as soon as possible.


Little League use of Bernard Park: Dwight Myers introduced Bill Brogue of Little League who asked the Supervisors if they could remove topsoil in the baseball field and replace it with Diamond Tec.  They have someone who will excavate and pile up the topsoil wherever the Township wants it.  They asked if it would be possible for the Township to supply one set of bleachers behind the backstop.  Kepler asked if the playing field was level enough and stated that we could have a Township truck available for the topsoil whenever notified they were beginning work.  The Supervisors asked Mr. Myers if the scheduling will work out with the Lincoln group. 


Home occupation application – Debbie Kinney asked if the Supervisors would hear an application for a home occupation from Carol Hauser. Mrs. Hauser said she will be baking pies for two farmers markets – one in Philadelphia and one in West Chester.  After asking questions, Kepler moved and Hershey seconded that we issue the home occupation permit for baked goods to Carol Hauser.  MOTION CARRIED.


The secretary said the minutes for the Conditional Use Hearing held January 23rd are still not complete.  Kepler moved and Hershey seconded to approve the minutes of the Regular Meeting held February 8th as presented.  MOTION CARRIED.  .



CHeck these figures.

The Secretary/Treasurer presented the bills totaling $546.36 for the Open Space Fund, and $43,558.69 for the General Fund. A copy is attached to the minutes. Hershey moved and Kepler  ershey seconded that the list of bills including the Township Solicitor’s bill be approved for payment. MOTION CARRIED.


Fiduciary Transfers: The Secretary/Treasurer said that transfers will be delayed until next month.


The following correspondence was noted:

Lancaster County Planning Commission has provided us with draft copies of their 2006 amendments to the County’s Comprehensive Plan.  We may reply with comments during the 45-day review period ending March 29th.

A letter of resignation has been received from Sara Laganelli as auditor of the township.

February State Police reports

January report from Union Fire Company


Nothing heard from PennDot on the request for lowering the speed limit on Baltimore Pike.

A letter was written asking Representative Art Hershey to oppose House Bill 881 concerning the UCC appeals board.

$5000 grant application – nothing heard yet. – phoned Art Hershey’s office


Reports: John Jackson read his February report that showed 13 inspections.  Included were two CO’s issued and one plan review.  Kepler moved and Hershey seconded that the Building Inspector’s reports be accepted.  MOTION CARRIED.


Code Enforcement Officer’s report: Deborah Kinney presented her February report that showed two permits were issued with a construction value of $15,000 resulting in permit fees of $477.00. She reported five Certificates of Occupancy and no sign permits were issued.


Violation report:  She reported a complaint about the operations at Scott’s Hyponex on Reedville Road.  The complaint has been forwarded to Hyponex.


Richetta Moyer’s trailer:  Mrs. Moyer was given a month to remove the trailer but there has been no progress.  Kepler asked if a U&O has been issued on the house and it has.  He said to give all information to the Township Solicitor and follow her recommendations and possible action.


Subdivision Report:

Beiler 3-lot Subdivision:  The Beilers have decided not to continue to sell their development rights at this time and Kepler confirmed that the County is aware of this.  A note was placed on the plans to say that if the trailer is replaced, it will be moved to be in compliance with the set back requirements.  Kepler moved and Hershey that the Beiler 3-lot Subdivision be approved.  MOTION CARRIED.


Cappelli Land Development Plan:  The Township Engineer inspected the Cappelli property yesterday and talked with the tenant about placing all outside stuff inside.  Kepler moved and Hershey seconded that since there is no need for a three-party agreement and Letter of Credit, the Cappelli Land Development Plan be approved and signed.  MOTION CARRIED.


Dougherty 2-lot Subdivision:  A Sewage Maintenance Agreement is needed for the Sewage Facilities Planning Module.  Kepler moved and Hershey seconded that the Chairman be permitted to sign the Sewage Maintenance Agreement for the Dougherty 2-lot Subdivision.  MOTION CARRIED.  Kepler moved and Hershey seconded that Resolution 2006-9, approving the Sewage Facilities Planning Module for the Dougherty 2-lot Subdivision be adopted.  MOTION CARRIED.



Fisher 2-lot Subdivision:  The Highway Occupancy Permit has been received from Penn Dot.  Kepler stated he had reservations about the driveway not entering the road at right angles but that the Township can do nothing about it since it is a state road.  Kepler moved and Hershey seconded that the Fisher 2-lot Subdivision be approved contingent on DEP issuing a stream crossing permit.  MOTION CARRIED.



Hearthstone at Oxford:  The Township has been asked to provide a letter to Penn Dot on the re-application for a road permit to change the Hayesville Road intersection with Street Road.  Hershey moved and Kepler seconded to authorize the Codes Enforcement Officer to write a letter and the Chairman sign this letter to Penn Dot for the re-application for the Hayesville/Street Road intersection.  MOTION CARRIED.



Roney 2-lot Subdivision:   A Sewage Maintenance Agreement is needed for the Sewage Facilities Planning Module.  Kepler moved and Hershey seconded that the Chairman be permitted to sign the Sewage Maintenance Agreement for the Roney 2-lot Subdivision.  MOTION CARRIED.  Kepler moved and Hershey seconded that Resolution 2006-10, approving the Sewage Facilities Planning Module for the Dougherty 2-lot Subdivision be adopted.  MOTION CARRIED.   It was determined that the plan can be approved before the DEP approval of the planning module.  Kepler moved and Hershey seconded that the Toney 2-lot Subdivision be approved. MOTION CARRIED.    


Shoppes at Lower Oxford Phase I extension approval:  The improvements have been completed and there is no need for a tri-party agreement and letter of credit.  Kepler moved and Hershey seconded that the Phase 1 portion of the Shoppes at Lower Oxford Land Development Plan be approved and signed. MOTION CARRIED.    


Kepler posed a question to Charles Fleischmann, Supervisor of Upper Oxford Township concerning the Hartmaier proposed subdivision. Mr. Fleischmann said he thought that the Upper Oxford portion of the plan had been submitted.  Kepler stated he thought the planning commissions of both Townships should work together on this plan since both portions will impact both townships.  Mr. Fleischmann said there is a new chairman of the planning commission.  Kepler will contact her.


Hershey moved and Kepler seconded that the Code Enforcement Officer’s report be accepted. MOTION CARRIED.


The Board read the February report of activities from the Township Engineer. Kepler moved and Hershey seconded that the engineer’s report be accepted. MOTION CARRIED.


Delduco Letter of Credit Release:  As-built plans have not been received.


Oxford Farm Market Letter of Credit Release:  The Township Engineer has recommended that the Letter of Credit not be released.  Kepler moved and Hershey seconded to deny the request for reduction of the Letter of Credit for the Oxford Farm Market. MOTION CARRIED.  Kepler said we have a notice from the bank that the Letter of Credit will expire on March 17th.   Kepler moved and Hershey seconded that if we do not have a letter of credit extension by March 15th, that we go get the money on March 16th. MOTION CARRIED. 


Regional Act 537 Plan: Bob Yeatman reported that they are very very close to having the Act 537 plan ready to present to the municipalities for their review.  There are waiting on Developer agreements which should be available next week. Kepler asked about John Highby’s role at the Authority.  Mr. Highby works for Arro who were reappointed as the engineers for the Oxford Sewer Authority and because of his familiarity with the area, he represents Arro at the Authority meetings. Kepler moved and Hershey seconded that Bob Yeatman’s report on the Sewer Authority be accepted.  MOTION CARRIED. 


Roadmaster: Steve Price read his February Roadmaster report, which is on file. Hershey thanked the road crew for keeping the roads in such good shape during the recent bad weather. Kepler moved and Hershey seconded that the Roadmaster’s report be accepted.  MOTION CARRIED.


Regional Recreational Authority:  Kepler said that the final layout for development was approved at their last meeting and that the Rec Authority is now looking for money.



Old Business:  Bernard Park:  The new outdoor lighting was discussed and should be installed before the spring election.


7-year review of the Ag Security Area:  The Hearing was held earlier in the evening.


Planning Commission vacancy: Interviews were held last week, but no decision as been made. Kepler moved and Hershey seconded that this item be tabled until next month...


Electrical inspectors for UCC:  After talking with the Building Inspector, a company has been selected but it was determined that the fee schedule changes are not yet complete.  It was tabled until next month.


Open Space Hearing – Sapp & Johnson:  A public hearing will be held Thursday, March 9th.


New business: Authorize commitment for new applications:  Two more applications for selling development rights have risen to the top of the county’s list.  They are 50 acres for the Astle farm and 35 acres of the Carter Gray property.  After discussion, Kepler moved and Hershey seconded that the county be notified of the Township’s willingness to commit toward these two properties.  MOTION CARRIED with Astle abstaining.


It was noted that we have a vacancy for Auditor.


Trash day:  Kepler moved and Hershey seconded that we hold trash days on March 31st and April 1st.  MOTION CARRIED.  The hours will be 7 a.m. to 3:30 p.m. on Friday and 7 a.m. to noon of Saturday.


Road materials bidding:  Kepler moved and Hershey seconded to authorized the secretary to advertise for road materials with the bid opening to be during our April meeting.  MOTION CARRIED. 



Other business:  Kepler said we should act of the letter of resignation from Sara Laganelli.  He moved and Hershey seconded that we accept, with regret, the resignation of Sara Laganelli as elected auditor of the township and that the Secretary write a thank-you letter.  MOTION CARRIED. It was suggested that a letter be written to Bill Hostetter if not already done.


With the Township ordering a new pickup truck, Kepler asked Steve Price what we should do with it.  Price said the Township should sell it.  Astle felt we should keep it.  Kepler moved and Hershey seconded that the secretary prepare a bid package for selling the existing pickup truck.  MOTION CARRIED. 


Under Public comments, Jane Smeltzer commended the Codes Enforcement Officer for permitting her daughter to design a website for the Township. However, she said the Supervisors need to set a budget and a deadline for this website. She said she had a petition with 221 signatures from last fall asking the Supervisors for a website.  A website will need to be continually updated and hosted.  Mrs. Kinney said the website is done and will be presented as a senior project in April.  Astle asked if Armstrong has been contacted about the costs to host the site.  Mrs. Smeltzer recommended that citizens review it too and feels that the ordinances should be on the site too. Mrs. Kinney said that she herself is capable of making any changes to any website and will incorporate it in as a part of her duties.


Mrs. Smeltzer also said she had a petition signed by 156 voters who wished the Board of Supervisors to study and revise the 1969 Comprehensive Plan.  Astle said that the Planning Commission will be provided copies and will study it together as time permits at their meetings.  Their mission is to become familiar with it.  Citizens can make comments at their meeting and the Planning Commission can make any recommendations they wish to the Board of Supervisors.  Mrs. Smeltzer said the Municipalities Planning Code says the Comprehensive Plan should be reviewed every ten years.  Kepler said that he would wait for any recommendations from the Planning Commission before beginning anything more formal.  He asked if there were any ordinances that have been passed that do not follow the current Comprehensive Plan.  Mrs. Smeltzer said it is embarrassing for the Township to be working off a 1969 Comprehensive Plan.


Chris Kettlerty said the school redid their comprehensive plan and asked for public input.  She says she would like to contribute too.


Mary Rucker asked how many people here would come to meetings about the comprehensive plan.  If people are not concerned enough to come to township meetings, how many would come out to one for a special purpose.


Charles Fleischman asked if there was anything further on the fair to be sponsored by the recreation authority.  No.


With no further comments, Hershey moved and Kepler seconded that the meeting be adjourned.  The meeting was adjourned at 9:27 p.m.


                                                Respectfully submitted,



                                                Ruth W. Libby