The Manheim Township Commissioners are meeting tonight (Monday, Dec. 5) to vote on whether to approve High Real Estate Group’s plan to build The Crossings at Conestoga Creek (hotel, apartments, stores and offices) across from Long’s Park on Harrisburg Pike. This meeting is being held at a different time, date and place than the regular Commissioners meetings – and the public knows nothing about this because there has been NO PUBLIC ADVERTISEMENT – a direct violation of Pennsylvania’s Sunshine Laws.
The only announcement of this meeting was in the Sunday News’ Government Calendar of Nov. 27. Under the heading “Manheim Township Commissioners” is the following: “Manheim Township Commissioners will meet at 6:30 p.m. Monday, Nov. 28, at the municipal building, 1840 Municipal Drive. Among the agenda items are: Announcement of public meeting on Crossings at Conestoga Creek at 5:30 p.m. Monday, Dec. 5 at Stauffer Mansion, 1241 Lititz Pike.
The above was an announcement, not an advertisement. The Sunshine Law requires an advertisement. There were NO PUBLIC ADVERTISEMENTS in yesterday’s Sunday News (Dec. 4) – NOT IN THE GOVERNMENT CALENDAR OR UNDER LEGAL NOTICES OR IN THE NEWS PAGES.
In addition, there has not been “reasonable public comment during board, council, or authority meetings” as required by the Sunshine Law. This is because High wants to push this through before the end of this year, when chairwoman Carol Simpson – who has pushed for the Crossings since High first announced it in 2006 – and Larry Downing – who voted to approve the Crossings in 2008 – leave the Board.
The public needs ample opportunity to comment on how the Crossings will affect traffic in their area and what improvements will be needed to bear that traffic and who will pay for it. High will try to get the Commissioners to make as few conditions to their agreement as possible – High doesn’t want to spend any more of their own money than the 8 million they have already promised to spend, plus the 1.3 million promised them in federal earmarks money.
Compare that amount with the 91.5 million requested in TIGER I, the majority of that to meet the conditions in High’s conditional approval. Or the 28.6 million requested in TIGER III funds (which planning officials have already said they won’t get). This means huge changes in previous plans for roadway and intersection improvements to handle the greatly increased traffic.
I believe that this is a LEGITIMATE LEGAL ISSUE that should be given an airing at tonight’s meeting – if anybody finds out about it in time, that is.
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.
“Agencies” Subject to the Act
“The body, and all committees thereof3 authorized by the body to take official action or render advice on matters of agency business, of all the following: the General Assembly, the executive branch of the government of this Commonwealth, including the Governor’s Cabinet when meeting on official policymaking business, any board, council,authority or commission of the Commonwealth or of any political subdivision of the Commonwealth or any State, municipal, township or school authority, school board, school governing body, commission, the boards of trustees of all State-aided colleges and universities, the councils of trustees of all State-owned colleges and universities, the boards of trustees of all State-related universities and all community colleges or similar organizations created by or pursuant to a statute which declares in substance that the organization performs or has for its purpose the performance of an essential governmental function and through the joint action of its members exercises governmental authority and takes official action. The term does not include a caucus or a meeting of an ethics committee created under rules of the Senate or House of Representatives.”4 Senate and House of Representative caucuses and meetings of ethics committees are not subject to the Sunshine Act.5
1 65 Pa.C.S. § 702.
2 65 Pa.C.S. § 701 et seq.
3 For an interesting discussion on committees of agencies, see Lee Publications, Inc., et al., v. The Dickinson School of Law of
The Pennsylvania State University Assn., et al., 848 A.2d 178 (Pa. Cmwlth. 2004).
4 65 Pa.C.S. § 703.
5 65 Pa.C.S. § 712.
Sunshine requirement.
(2) For a recessed or reconvened meeting:
(i) Posting a notice of the place, date and time of the meeting prominently at the principal office of the agency holding the meeting or at the public building in which the meeting is to be held.
Where is Marvelous Marv Adams when we need him?????????
Oh, I forgot, LNP is in bed with High Industries on everything!!!!!
I doubt if the meeting place was posted according to the requirement.
If the Commissioners do the right thing, they’ll cancel tonight’s hearing and hold it at another time. Also, they should let the new board vote on this issue that is going to have a tremendous impact on 3 townships and the city.
I heard that the Mayor argued against high density development at the meeting of the Commissioners last Monday. I also was told there were only 5 people there. This is preposterous, considering that the zoning ordinance they passed will allow high density development in much of the county. Our roads are not able to support this kind of development, without extensive and expensive modifications. This is why, last August, I wrote to you and asked you to investigate and write about the zoning ordinance changes being requested by High, that would apply to the entire township and not just the Deisley farm.
The MT Commissioners meeting last week should have been packed with this important issue – but who knew what was at stake?