Discussion of Zoning Ordinance Revisions
from
the October 1, 2008 Supervisors meeting.
Click here to hear the
discussion
(This is an mp3 audio file.)
[Click here to see the
additions from 11/21/08]
[Audio file of 9/3/08 meeting]
Here is the text of my letter to the editor published in the Ephrata Review on October 29, 2008:
Editor,
On October 1st, the East Cocalico Supervisors approved a zoning ordinance amendment consisting of 19 unrelated revisions. Of these, only one was ever discussed at a public supervisors meeting (about a year ago). The other 18 were written in complete secrecy, and never mentioned at a public supervisors meeting. The first notice to the public that these changes were being made was when the hearing was advertised in the Lancaster newspapers (but not the Ephrata Review). The changes had apparently all been signed off on by each of the supervisors individually, so that the public hearing was only a formality. There was never any real chance for the public to provide any input into these changes. Comments were made about the changes at the hearing, but as usual, were all ignored.
Why, when the supervisors are making changes in the Township’s ordinances shouldn’t there be opportunity for input from the public before the language is finalized? That’s what public meetings are for. I thought this was supposed to be a democracy…
Another important process is currently being done “out of public view.” The proposed nearly half million square foot Benderson shopping center project is fast approaching final approval. None of the remaining steps in the approval process require any public notice. The two steps required for final approval are preliminary and final plan approval by the supervisors. These will happen at a regular supervisors meeting sometime in the next few months. Since the board of supervisors has refused to publish their meeting agendas prior to their meetings, there will be no warning to the public when these approvals are to be voted on. Again, there will be no real chance for additional public input since no one will know when it will be discussed.
The supervisors could keep the public informed about this very important process on their web site or through press releases to the newspapers without any cost to the taxpayers. The question is, will they? If they follow their usual pattern, the shopping center will receive final approval with less notice than for the 19 recent zoning ordinance revisions.
Ken McCrea
Stevens, PA
Here is my reply to the editorial comments made by the Review concerning the above letter:
Editor,
In my letter of 11/17, I wrote about the secrecy that had been used by the East Cocalico Township supervisors in preparation of a zoning ordinance amendment which made 19 separate changes to that ordinance. The Review added an editorial note stating “Supervisor Noelle Fortna said the 19 ordinances voted on during the above mentioned meeting were talked about previously.” She also said “These ordinances weren’t written in secrecy – we didn’t see them before and didn’t write off on them.”
These statements do not correspond to what was said about the process used to write them as described in response to my questions at that meeting. I have been at all but a few of the supervisors regular and workshop meetings in the last year. I have read the minutes of those meetings when I was not present. Nowhere in those minutes did I see any mention of the 18 added ordinances, and I don’t recall ever hearing them discussed. Noelle, if it was really discussed at a public supervisors meeting, please provide proof of you claims by responding to this letter in the Review with the dates where those discussions can be found in your official meeting minutes (as posted on the Township’s official web site).
I have placed my audio recording of the discussion in response to my questions from the October 1st meeting on my web site at EastCocalico.us so everyone can hear them and make up their own mind on the truth about this issue.
Ken McCrea
Stevens, PA---------------------------
Response letter to the editor in the Ephrata Review of 11/19/08:
Editor,
Ephrata Review,
In the 11/19/08 issue of the Review, there was a response letter from the East Cocalico Board of Supervisors concerning my previous letters to the editor on a 19 part zoning ordinance amendment passed by the Board on Oct. 1. In that letter, the Board claims that they had discussed the ordinance numerous times over the last two plus years. My comments centered around the fact that the Board of Supervisors never discussed 18 of the 19 ordinance changes in the Supervisor’s public meetings.
In their response, the Supervisors claim that “A total of 37 meeting minutes document the many opportunities for public awareness throughout a two and a half year process, and for the public to ask questions and present comments prior to the board’s adoption of the ordinance.” Nothing could be further from the truth.
I reviewed all of the 2008 Board of Supervisors minutes and did find several times in which the ordinance was mentioned in passing. However, there never was any discussion of the content or details of the ordinance. Furthermore, it was only ever referred to as the “Horse Boarding Ordinance,” the one of the 19 parts that had been discussed in public. It was never even mentioned that there was anything else in the ordinance other than “Horse Boarding.”
I have placed the complete text of the sections of their meeting minutes from 2008 relating to this ordinance on my web site at:
www.EastCocalico.us
I have also added an audio recording of the Township Solicitor, Thomas Goodman, talking about the ordinance at the 9/3/08 meeting. His exact words to describe the ordinance were: “what I call the Horse Boarding Amendment.”
Although the “Horse Boarding Ordinance/Amendment” was mentioned a number of times, the Supervisors never revealed that it contained anything other than regulations governing the keeping of horses. The very first time it was revealed at a Supervisors meeting that there were 18 other changes was at the public hearing when it was passed.
It appears that not only are the supervisors very good at maintaining secrecy, but they (as can be seen in their recent letter) are also very adept at the art of deception.
Ken McCrea
Stevens, PA---------------------------------------------
Full text of the sections of the East Cocalico Board of Supervisors minutes from 2008 where the "Horse Boarding Ordinance" was discussed:
BOARD OF SUPERVISORS JANUARY 7, 2008
SOLICITOR:
The Solicitor continues to work with staff on reviewing Zoning Ordinance Amendments
BOARD OF SUPERVISORS JANUARY 16, 2008
Nothing
01/17/08-7:30PM-EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS
WORKSHOP MEETING
Nothing
BOARD OF SUPERVISORS FEBRUARY 7, 2008
INTERIM ZONING OFFICER:
No report. Brent Lied noted that there is a committee working on certain Amendments to the Zoning Ordinance.
BOARD OF SUPERVISORS FEBRUARY 20, 2008
Nothing
02/21/08-7:30PM-ECTS WORKSHOP MEETING
Nothing
BOARD OF SUPERVISORS MARCH 5, 2008
Nothing
BOARD OF SUPERVISORS MARCH 19, 2008
Nothing
MARCH 27, 2008 7:30PM EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS WORKSHOP MEETING
ZONING MATTERS:
1. ZONING ORDINANCE AMENDMENTS: Committee discussion is scheduled for 03/31/08 at 1pm at Twp Bldg.
03/29/08-7AM-EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS - ROAD/BRIDGE TOUR/INSPECTION:
Nothing
APRIL 10, 2008 - 7:00AM - EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS AUDIT MEETING MINUTES
Nothing
APRIL 10, 2008 – 7:30PM-MINUTES OF JOINT DISCUSSIONS BETWEEN EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS AND PLANNING COMMISSIONERS
Nothing
BOARD OF SUPERVISORS APRIL 16, 2008
Nothing
APRIL 17, 2008-7:30PM-EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS WORKSHOP MEETING
LAND PLANNING MATTERS-8:30PM-BRENT LIED:
Proposed Zoning Ordinance Amendments: Mr. Lied noted he will respond to the Chairman’s questions regarding the most current draft version.
APRIL 22, 2008 – 7:00PM – EAST COCALICO TOWNSHIP BOARD OF
SUPERVISORS CONDITIONAL USE HEARING FOR THE
COCALICO COMMONS SHOPPING CENTER
Nothing
East Cocalico Township Board of Supervisors April 22, 2008 - Conditional Use Hearing for the Cocalico Commons Shopping Center
Nothing
BOARD OF SUPERVISORS MAY 7, 2008
Nothing
MAY 15, 2008-7:30PM-EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS WORKSHOP MEETING
Nothing
BOARD OF SUPERVISORS MAY 21, 2008
Nothing
BOARD OF SUPERVISORS JUNE 4, 2008
Nothing
East Cocalico Township Board of Supervisors June 12, 2008 - Conditional Use Hearing for the Cocalico Commons Shopping Center
Nothing
BOARD OF SUPERVISORS JUNE 18, 2008
Nothing
JUNE 19, 2008-7:30PM-EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS WORKSHOP MEETING
Nothing
BOARD OF SUPERVISORS JULY 2, 2008
Nothing
East Cocalico Township Board of Supervisors July 9, 2008 - Conditional Use Hearing for the Cocalico Commons Shopping Center
Nothing
BOARD OF SUPERVISORS JULY 16, 2008
Nothing
July 17, 2008-7:30 P.M-EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS WORKSHOP MEETING
Nothing
BOARD OF SUPERVISORS AUGUST 6, 2008
SOLICITOR:
The Solicitor requests the Board to refer the draft Zoning Ordinance Amendment and the draft Subdivision Land Development Ordinance to the Lancaster County Planning Commission and the East Cocalico Township Planning Commission for review and comments.
MOTION: Chairman Mackley made a motion, seconded by Vice Chairman Fry to refer the draft Zoning Ordinance Amendment and the draft Subdivision Land Development Ordinance to the Lancaster County Planning Commission and the East Cocalico Township Planning Commission for review and comments. Chairman Mackley asked if there were any questions. There were none. Motion carried.
BOARD OF SUPERVISORS August 14, 2008 - Conditional Use Hearing to render a decision
Nothing
BOARD OF SUPERVISORS AUGUST 20, 2008
SOLICITOR:
The Solicitor is working on storm drainage issues, letters of credits, communicating and working on Parkside Vista Care matters, on-lot sewage matters, and the Zoning and Subdivision Land Development Ordinance Amendments, and the Solicitor is reviewing the recently legislated Pennsylvania Act 34 concerning East Cocalico Township Water Connection Ordinance.
AUGUST 21, 2008-7:30 PM-EAST COCALICO Township (ECT) BOARD OF SUPERVISORS WORKSHOP MEETING
Nothing
BOARD OF SUPERVISORS SEPTEMBER 3, 2008
SOLICITOR:
ZONING/SALDO AMENDMENTS
Tom Goodman noted the Zoning Ordinance Amendments and the Subdivision and Land Development were sent to the County Planning Commission, for review and comment, and advertised for Board action on September 17, 2008. It was also noted that the Township Planning Commission made a favorable recommendation at the August 25, 2008 Planning Commission meeting.
Audio recording of the Township Solicitor
Thomas Goodman giving this report.
[The ordinance was only referred to as the Horse Boarding Ordinance
or Amendment at all of these meetings.]BOARD OF SUPERVISORS SEPTEMBER 17, 2008
SOLICITOR:
The Lancaster County Planning Commission will be reviewing the Zoning Ordinance Amendments and the Subidivion and Land Development Ordinance (SALDO) Amendment. The Solicitor will be in attendance at the October 1, 2008 Board of Supervisors Meeting if the Ordinance is ready for adoption.
EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS WORKSHOP MEETING MINUTES SEPTEMBER 18, 2008
Nothing
BOARD OF SUPERVISORS OCTOBER 1, 2008
PUBLIC HEARING:
Thomas Goodman, Township Solicitor and Harry Roth, Township Zoning Consultant were in attendance for the Hearing to discuss the Zoning Ordinance Amendment(s) and the Subdivision, Land Development Ordinance Amendment.
ORDINANCE NO. 2008-03: Zoning Ordinance Amendment(s)
Tom Goodman discussed Ordinance No. 2008-03 noting recommended adoption by the East Cocalico Township Planning Commission was on August 25, 2008. Lancaster County recommended adoption on September 22, 2008. The proposed Ordinance was sent to the Lancaster County Law Library on September 12, 2008. Harry Roth read and briefly described the nineteen amendment changes to Ordinance No. 2008-03:
[1] Revising the regulations governing horse and livestock boarding and the noncommercial keeping of livestock, [2] strengthening regulations governing the use of flag lots, [3] permitting nursery and garden centers by right within the general commercial zone, [4] permitting veterinary offices by right within the general commercial zone, [5] clarifying standards for outdoor signs, [6] correcting references to where echo housing is permitted, [7] adding specific criteria attached to grant of special exception for the sales of automobiles, boats, farm machinery and trailers, [8] adding planned centers as uses permitted by right and special exception within the C-1, C-2 and I-1 zones, [9] strengthening the regulations governing permitted residential density within the conservation zone, [10] adding home occupations as a use permitted by special exception within the general commercial zone, [11] allowing for accessory dwellings within the general commercial zone, [12] allowing for adaptive use of buildings within the general commercial zone, planned commercial zone, light industrial zone and heavy industrial zone, [13] clarifying the manner by which uses are permitted within shopping centers, [14] clarifying language on the use of specific criteria, [15] revising the standards for alleys within the village overlay zone, [16] adding off-street parking requirements for automobile filling stations, [17] adding a minimum size of retail sales permitted within shopping centers, [18] requiring information submitted to demonstrate compliance with the zoning ordinance can be readily copied for all interested parties and citizens, and [19] generally changing reference to the term “building permit” to “zoning permit”.
Bob Roggenburg expressed his disagreement with the proposed Flag Lot changes and indicated that Flag Lots should not only be permitted in the Agriculture Zone but other zones as well.
Ken McCrea asked if the flying of the American Flag at car dealerships as been specifically corrected.
Tom Goodman addressed that on page 29 of the Ordinance §220-45A(20) “No regulation contained within this Chapter shall be interpreted to prevent the display of a flag of the state or federal government.”
Ken McCrea asked about the many significant changes done to this Ordinance and noted that the public should have some advanced notice of everything which is proposed to be changed in any Ordinance.
The Board indicated that the newspaper ad covered the major areas that were changed and that the Law requires advertising in one Local paper. It was also noted and as outlined in the published ad copies of the proposed ordinances have been available at the Township for review.
MOTION: Secretary Fortna made a motion, seconded by Vice Chairman Fry, to approve Ordinance No. 2008-03. Chairman Mackley asked if there were any questions or comments. There were none. Motion carried. BOARD OF SUPERVISORS OCTOBER 1, 2008 3
Return to the Unofficial East Cocalico Township web site.
(C) 2008 Kenneth D. McCrea