WINDSOR TOWNSHIP BOARD OF SUPERVISORS May 3, 2004 1 ...

WINDSOR TOWNSHIP BOARD OF SUPERVISORS
May 3, 2004
1. The meeting of the Windsor Township Board of Supervisors was called to order
at 7:00 p.m. by Chairman Paul Smith.
Those present: Paul Smith, Dean Heffner, Henry Sprenkle, Atty. Charles Rausch,
Jennifer Gunnet, Jeremy Trout and Darlene Strayer. See the attached list of
citizens present.
2. The Pledge of Allegiance was recited.
3. Mr. Smith asked if anyone present had anything that they would like to discuss
that was not on the agenda. No one did.
4. On the motion of Henry Sprenkle seconded by Dean Heffner, the minutes of the
April 5, 2004 meeting were approved. Motion carried. Three votes yes.
5. The following items of correspondence were presented:
A. Mrs. Gunnet advised that any Form U applications that had been received
from Modern Landfill would be on the counter in the rear of the room.
B. A letter of resignation has been received from Shawn Smith, an elected
Auditor. His resignation was effective April 14, 2004. On the motion of
Paul Smith seconded by Dean Heffner, Ann Sprenkle was appointed as an
Auditor to fill the unexpired term. Motion carried. Three votes yes.
C. A letter was received from Ken & Diane Schriver who live in Longstown
Village regarding the Dog Officer. It was noted that they had a stray dog
in custody and Lenna Mason was not able to respond immediately to pick
up the dog.
D. A note of thanks was received from John Klinedinst for the Board
extending an invitation to him to attend the Township’s appreciation
dinner.
E. A letter was received from Representative Stanley Saylor asking that the
Board keep Kaltreider-Benfer Library in mind during budget discussions
and if possible to increase their donation.
F. A letter was received from EMC regarding the Warner lawsuit. The
lawsuit stems from an automobile accident on Freysville Rd. Our
insurance company has found that the Township was not liable for the
accident.
G. A Notice of Appeal was received stating that the Friends of Camp Security
has filed an appeal regarding the Board of Supervisor’s approval of the
preliminary plan for HUNTERS CROSSING. A copy of the notice has

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been forwarded to Atty. Rausch. Attorney Rausch asked the Board if they
want to participate in the suit. It was the consensus of the Board not to
participate.
6. Dennis Bartnick – Motorcycles/ATVs on private property. Mr. Bartnick
advised that he owns approximately 3 acres off Pleasant Grove and Snyders
Corner Roads. When he purchased the property, it was in rough shape and was
overgrown. He has cleaned the property and put together a riding circuit for his
sons and their friends to ride motorcycles on. He has lived there for four years
and this is the first year that there has been a problem. He advised that a
neighbor, Mrs. Sechrist, has complained about the dust generated from the track.
They have watered down the track with some success. Mrs. Sechrist also
complained about the noise and recorded it on a tape player. He added that tape
players can be made to sound louder than the actual noise. Mr. Bartnick advised
that he is willing to install a fence along Mrs. Sechrist’s property. However, she
did not want a fence. She wanted them to stop riding the motorcycles. Mr.
Bartnick added that he is willing to work with Mrs. Sechrist to resolve the
problem. He noted that he assumes the responsibility for the people who ride on
his property. He has also set up a popup camper for the kids to sit in while they
are waiting to ride. He added that the kids are always supervised.
When the officer from York Area Regional Police Department came to his home,
the officer mentioned that charges could be filed against him under the Disorderly
Conduct Ordinance that the Township enacted in 1959 or the Penna. Crimes
Code. Under the Township Ordinance, he could be fined up to $100 plus the cost
of prosecution or face 30 days in jail. He added that this is a couple of kids riding
motorcycles. He noted that they never ride after dark. The motorcycles the kids
ride are not modified. He asked the definition of unreasonable noise and a time
frame that would be acceptable to ride. He added that his one son is afraid for his
father to go to jail and wants to stop riding.
Mr. Bartnick stated that his two sons ride motorcycles. He added that there are as
many as nine kids there at one time but not all nine ride at one time. They are
broken down into age groups as it is not safe for the younger kids to ride with the
older ones.
Mr. Sprenkle asked Mr. Bartnick if the kids ride from morning to night. Mr.
Bartnick advised that they don’t. He added that the bikes get hot as well as the
kids.
Mr. Bartnick advised that he has circulated a petition regarding the riding of
motorcycles and has gotten 170 signatures since Saturday. A copy of the petition
is attached.

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May 3, 2004
Atty. Rausch asked how close the track is to Mrs. Sechrist’s home. Mr. Bartnick
advised that it is approximately 150 ft. Atty. Rausch asked if it could be moved
farther away from Mrs. Sechrist’s property. Mr. Bartnick advised that it could.
Atty. Rausch advised that the Township Ordinance is old and really mirrors State
statutes. The provisions of the Ordinance have been ruled invalid by the Courts in
York County. He added that this Board cannot determine unreasonable noise.
This is up to the York Area Regional Police Department and the District
Magistrate. Mr. Bartnick stated this is a group of kids that need a place to ride
motorcycles. He would rather see people riding on his property than on the roads.
This is also an alternative to play station, alcohol and drugs. Atty. Rausch
recommended that Mr. Bartnick move the track. He added that an adjoining
property owner could file a private lawsuit against Mr. Bartnick.
Mr. Bartnick thanked the Board for listening to his concerns.
Mr. Sprenkle asked if something should be done with the Ordinance. Atty.
Rausch advised that it was not really necessary.
7. Mrs. Gunnet updated the Board regarding Freysville Rd. PennDOT has
responded that they are not going to reconsider their position regarding the
improvements. She checked with the Township Engineer on the status of the
drainage study. He advised that the survey work has been completed and the
Highway Occupancy Permit application will be presented to the Board for
signature at the next meeting. Mrs. Gunnet asked that the Board authorize the
Township Engineer to begin preparing the necessary documents for an outside
contractor to do the work. It was the consensus of the Board for the Township
Engineer to prepare the bid documents.
8. The Solicitor presented the following:
A. Atty. Rausch advised that he has reviewed various agreements for
WINDSOR POINTE. This is the development next to the Freysville Park.
Mrs. Gunnet advised that the developer has contacted her to be placed on
the May 17 th meeting agenda. This matter will be held until then.
9. The following was presented on behalf of the Police Department:
A. At a recent meeting with Chief Gross, Mark Derr of York Township, Mr.
Smith and Mrs. Gunnet, there was a discussion on the amount of equity
that York Township and Windsor Township has in the York Area
Regional Police Department due to being charter members. Mrs. Gunnet
requested authorization to forward a letter to the Police Department asking
that their auditor calculate this amount and update it annually. It was the
consensus of the Board that the letter be sent.

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May 3, 2004
B. The monthly police report for March was presented.
10. The following was presented on behalf of the Public Works Department:
A. The monthly report for May was presented.
B. When the rental of equipment bids were opened earlier this year, no bids
had been received for a 210 crane to be used at the Grove Rd. project. It
needed to be rebid. See the attached tally sheet for the bid results. It was
noted that the bid from Greiner Industries appears to be lower but they
only bid a 200 ton crane. On the motion of Dean Heffner seconded by
Henry Sprenkle, the bid was awarded to Steffy Cranes. Motion carried.
Three vote yes.
C. Mr. Trout advised that last week the Deweeze mower at the Park stopped
running. It was taken to Middletown Repair Shop for repairs. He has
contacted them several times and finally had gotten a call back today.
They are still in the process of determining the extent of the damage but if
a new engine is required, the cost could exceed $7000. Upon doing some
checking, he has found that they are no longer a dealer for Deweeze.
There is a dealer near Philadelphia and another one in Maryland. He has
contacted the service departments for these dealers and has found that
their turn around time is less than Middletown.
Mr. Trout advised that a Hillsider mower from Power Pro was
demonstrated last week. It was Sonny’s opinion that this mower stayed on
the banks better than the Deweeze. Mrs. Gunnet noted that this mower
has six wheels and had tractor style tires on it. The tires did leave marks
on the banks. It was noted that the Township has dealt with Power Pro in
the past.
It was the consensus of the Board that the Deweeze was to be gotten and
taken to another dealer.
D. Mr. Trout advised that he has checked on mowers to drag the ballfields.
He found a Kubota tractor and showed the Board of picture of it. It was
the consensus of the Board that it was too big for what we needed and that
we should look for a mower that the average person would be able to use.
Mr. Trout added that he also found an Arrens mower for $1500. Mr.
Smith asked that we ask to use it to drag the fields to make sure it will
work. Mr. Trout did not think this would be a problem. If it was
sufficient to drag the fields, they authorized the purchase.
E. Mr. Trout reported that earlier today the Township bid on a tandem axle
dump truck at the States online auction. The Township purchased a 1985

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International truck that had been refurbished in 1996 at a cost of
$22,100.00.
F. Mr. Trout added that he is in the process of getting three quotes to replace
the wooden wall along the walking trail with block. He has gotten two so
far and will be meeting with the third one tomorrow.
11. Mrs. Gunnet updated the Board on the Uniform Construction Code. She
attended a meeting last week with Felicia Dell of the York County Planning
Commission. Mrs. Dell told those present that the County is taking steps to
establish a County Appeals Board. Their solicitor prepared a draft
intergovernmental agreement. The draft was to be forwarded to each municipal
solicitor and comments sent back to her by May 14. A final version will then be
distributed for approval. As for the contracting with a third party inspection
agency, the County has been advised that language in the act prohibits them from
doing this.
In light of this, Mrs. Gunnet asked if one of the Board members would like to
participate in the interview process. Mr. Heffner advised that he would. A date
and time will be set for the interviews with Commonwealth Code and Effective
Technical Applications.
Mrs. Gunnet also advised that she has been approached by Windsor Borough
about the possibility of them contracting with the Township to provide them with
the services of the third party agency that we choose. Mrs. Gunnet advised that
the only problem with this is that she and Deanna Swartz have been certified as
Building Code Officials to be able to issue Building Permits and we would be
doing these duties instead of the inspection agency. It was noted that neither
herself nor Deanna would be comfortable issuing permits for Windsor Borough.
The Board agreed. Mrs. Gunnet added that Windsor Borough was also going to
check with Red Lion Borough.
12. An application to join the Agricultural Security Area was received from
Dorothy M. Lanius for several parcels that she owns along Windsor and Cape
Horn Rds. Mrs. Lanius has advised that it is acceptable for her to wait the 180
days to be accepted into the program. The Board acknowledged receipt of the
application.
13. Mr. Smith advised that over the last several years the Board has discussed the
possibility of constructing a community center. He asked permission to check
into grants that may be available for such a project. He noted that before any
grants are awarded, we would need to have a recreation study done to determine
our needs. The Board authorized the checking of grants.

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14. Resolution No. 04R-5-3 – Closing out of Keystone Grant for Peer to Peer
Study. Mrs. Gunnet advised now that the peer to peer study is complete and the
WARC is up and running the grant can be closed out. In order to do this, a
resolution needs to be approved. On the motion of Henry Sprenkle seconded by
Dean Heffner, the resolution was approved. Motion carried. Three votes yes.
15. The Zoning Report for March was presented.
16. Golden Way/Chapelwood Stormwater Update – Mrs. Gunnet advised that she
has sent a letter to the property owner where the storm water easement would be
located, Dale Uhler. Mr. Uhler called and asked questions and asked for time to
think about it. Since then Mrs. Gunnet has left numerous messages for him and
has not received a return call. There was a brief discussion regarding using
eminent domain to obtain the easement. The Board directed that another letter be
sent to Mr. Uhler advising that the Township would prefer to work with him
rather than use eminent domain to obtain the property.
17. Jack Dehoff – Rental of land on White Oak Rd. – Mr. Dehoff had leased the
land from the former owner. He is asking if the Township is interested in leasing
out the land. Mr. Dehoff paid $65.00 per acre/per year. It was noted that all nine
acres would not be able to be farmed due to the stones from PP&L being
stockpiled on the property. Atty. Rausch was directed to prepare a lease.
18. The Dog Officer’s Report for February was presented.
19. Workinger Memorial - Mrs. Gunnet advised that the plaque has been installed
on the rock, the posts installed for the sign and the landscaping finished. We are
now waiting for the sign to be attached. Also, Mr. Smith had asked Mrs. Gunnet
if the resolution for the dedicating of the field had been approved. Upon
checking, Mrs. Gunnet found that it had not. Resolution No. 04R-5-2 was
presented to name the recreational fields to the rear of the administrative building
as Workinger Field. On the motion of Henry Sprenkle seconded by Dean
Heffner, the resolution was approved. Motion carried.
It was noted that once all the work is completed, a dedication ceremony will be
held.
20. A request has been received to post a speed limit on Vinton Drive, Sitler Ln.
and Southview Drive. None of these streets have a posted speed limit. Due to
these roads being in a residential area, a traffic study is not required in order for a
25 mph speed limit to be established. Mrs. Gunnet was directed to prepare an
ordinance.
21. The 1 st quarter of 2004 report has been received from the Animal Control &
Rescue League and is available for review.

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May 3, 2004
22. Resolution No. 04R-5-1 was presented. The York Area Council of
Governments is applying to DCED for a grant to operate the COG. One of the
requirements of the application is that resolutions from the municipalities
involved be included. On the motion of Dean Heffner seconded by Henry
Sprenkle, the resolution was approved. Motion carried. Three votes yes.
23. Resolution No. 04R-5-4 was presented to revise the official plan for the
planning module for the Stanczyk Tract (Taylor Estates, Phase IV). On the
motion of Dean Heffner seconded by Henry Sprenkle, the resolution was
approved. Motion carried. Three votes yes.
24. Mrs. Gunnet advised that she has received a request for a weight limitation on
Ness Rd. Apparently dump trucks are using it as a short cut. It was the
consensus of the Board to request that a traffic study be performed. Mr. Sprenkle
suggested that Dietz Rd. be included.
25. Mr. Smith asked if any of the Board members had any comments that they would
like to make. Neither Mr. Heffner nor Mr. Sprenkle did. Mr. Smith advised that
the WARC is sponsoring a chicken barbeque on Saturday, May 8 at the Freysville
Park. The cost of the dinner is $6.00. He added that the Township has scheduled
a volunteer work day at the Freysville Park for May 15. He extended an
invitation to any resident to come out and help with the work to be done.
26. On the motion of Henry Sprenkle seconded by Dean Heffner, the bills were
approved for payment. Motion carried. Three votes yes.
27. The meeting adjourned at 8:15 p.m.
Respectfully submitted,
Jennifer Gunnet
Secretary

CITIZENS PRESENT
May 3, 2004
Vera Miller 830 Marvell Drive York PA
Christine Curran 825 Beaverton Drive York PA
Tina Shoff 830 Bahn’s Mill Road Red Lion PA
Allen Emenheiser 1027 Hastings Blvd. York PA
Yvonne Emenheiser 1027 Hastings Blvd. York PA
Bud & Bobbie Zimmerman Zimmerman Road Red Lion PA
Dennis Bossom Windsor Township
Michael Dell Windsor Township
Christine Bozzell 4775 N. Sherman St. Ext. York PA
Robert Bailey Strinestown PA
Frances A. Goodworth 40 Codorus Furnace Rd. Hellam PA
Alex Miller 4775 N. Sherman St. Ext. Unit 201 York PA
Robert Cunningham 4775 N. Sherman St. Ext. Unit 36 York PA
Tyler Shimmel 4165 Furnace Road
Levi Shimmel 4165 Furnace Road
Jeff Campbell 640 Snyder Corner Rd. Red Lion PA
Kathleen Potter 9167 Fulton School Rd. Felton PA
Gary Grafton, Sr. 105 Morningside Drive Red Lion PA
Gary Grafton, Jr. 105 Morningside Drive Red Lion PA
Christopher Frantz 840 Bahn’s Mill Road Red Lion PA
Scott Frantz 840 Bahn’s Mill Road Red Lion PA
Fred N???z 314 Pleasant Corner Court Red Lion PA
Tara Nelson 314 Pleasant Corner Court Red Lion PA
Tony Quattrocche 314 Pleasant Corner Court Red Lion PA
Bonnie Abremski 314 Pleasant Corner Court Red Lion PA
Angela Abremski 314 Pleasant Corner Court Red Lion PA
Chris Abremski, Sr. 314 Pleasant Corner Court Red Lion PA
Chris Abremski, Jr. 314 Pleasant Corner Court Red Lion PA
Charles Silas 1500 Windsor Road Red Lion PA
Karen Nace 2410 Freysville Road Red Lion PA
Richard E. Paul 313 Pleasant Corner Court Red Lion PA
Justin Paul 313 Pleasant Corner Court Red Lion PA
Kaytlin Paul 313 Pleasant Corner Court Red Lion PA
Jodi L. McCoy 111 Morningside Drive Red Lion PA
Andrew Bartnick 122 Morningside Drive Red Lion PA
Gary Bartnick 122 Morningside Drive Red Lion PA
Brandon McCoy 111 Morningside Drive Red Lion PA
Jeremy McCoy 111 Morningside Drive Red Lion PA
Mike McCoy 111 Morningside Drive Red Lion PA
Michael McCoy 111 Morningside Drive Red Lion PA
Jared ???? 314 Pleasant Corner Court Red Lion PA
Victoria Bartnick 122 Morningside Drive Red Lion PA
Melissa Weiler York Dispatch