Is East Hempfield approval of Crossings proposal invalid?

The agenda for the East Hempfield Supervisors in the Government Calendar in the Sunday News issue of Dec. 4, 2011 made no mention of the Crossings impact proposal by the developer – High Real Estate – yet that proposal was discussed, voted on and approved at the Supervisors’ meeting on Dec. 7.

The amount of money offered by High ($1.3 million) will pay only a fraction of the actual costs of the Crossings’ traffic on roadways in East Hempfield. The Supervisors were deluded into thinking that $1.3 million would cover the entire bill when, in fact, it will cover only a fraction of both the immediate and long-term costs.

One seriously impacted road – narrow, winding Farmingdale Road – will need widening, straightening and leveling if it is to safely carry the heavy traffic it will be getting from the Crossings. If this is not done, there are certain to be many accidents on this road.

Farmingdale Road – in reality, a macadamized farm lane – is not capable of carrying the thousands of vehicles daily that it will get from the Crossings. High is planning two entrance/exits from the Crossings onto this road alone. Roads connecting with Farmingdale will also be adversely affected.

The taxpayers in East Hempfield will bear the entire responsibility of improvements and maintenance, as well as fire and police protection, on township roadways carrying Crossings traffic even though they will get NONE of the real estate taxes from the Crossings. Those taxes will all go to Manheim Twp

The resolution by the East Hempfield Supervisors should be declared null and void as it was done without anyone who lives in East Hempfield having any way of knowing that their supervisors would be discussing and voting on this important item of business at that meeting. As a result, the taxpayers in East Hempfield were deprived of their right for reasonable public comment as stated in the PA Sunshine Act.

Note the absence of an item on High’s proposal on the agenda of the East Hempfield Supervisors’ meeting in the Lancaster Sunday News, Dec. 4 issue, Section D under Government Calendar:

East Hempfield Supervisors

East Hempfield Township Board of Supervisors will meet at 7:30 p.m. Wednesday, Dec. 7, at the municipal building, 1700 Nissley Road, Landis­ville. Among the agenda items:

Subdivision and land develop­ment: 61 Church St., conditional approval and modifications.

2012 budget: establishing 2012 tax rate at 1.32 mills.

Manager’s report.

The Pennsylvania Sunshine Act

Pennsylvania Legislator’s Municipal Deskbook, Third Edition (2006)

Pennsylvania General Assembly * Local Government Commission Page 41

The right of the public to be present at all meetings of certain defined public bodies (i.e., “agencies”) and to witness the deliberation, policy formulation, and decision making of agencies is “vital to the enhancement and proper functioning of the democratic process.”1

In addition to guaranteeing this right, the Sunshine Act2 also requires the advertising and public notice of agency meetings and provides for reasonable public comment during board, council, or authority meetings. It also provides for limited exceptions and establishes penalties for violations of the act.

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