Kyma Seafood Grill appeals impact fee decision

By on November 14, 2012

By: ALICE HUMMER Review Correspondent, Staff Writer

Nick and George Barakas, owners of Kyma Seafood Grill, have appealed the East Cocalico Supervisors’ Oct. 3 decision upholding a $28,633 traffic impact fee.

"(The addition of an awning) has nothing to do with traffic impact," said Nick Barakas, reached by phone after the Supervisors’ Nov. 7 meeting. "We feel confident going forward. It’s one judge, non-biased and he looks at all the facts," Barakas said.

The Barakas’ hope that the Lancaster County judge assigned the case will rule in January, at the latest.

East Cocalico Supervisors maintain that Kyma Seafood Grill was notified in a letter that the 74 seats added to the deck would not incur an impact fee due to being seasonal seating. Supervisors stated that any further improvements to the deck could trigger an impact fee.

The awning, which will cover the deck, and the dozen heaters proposed, extend the use of the deck beyond what is customarily considered "seasonal," according to supervisors.

The vote was 2 to 1 to uphold the impact fee. Supervisors Doug Mackley and Noelle Fortna supported upholding the impact fee while Alan Fry did not.

In other business, Police Chief George Beever said, "Corporal Arment did a great job putting together the Nov. 5 emergency simulation drill at Cocalico High School.

"Three different situations played out. We used three different sets of officers. All students were involved," he said.

Official observers for the drill were Superintendent Dr. Bruce Sensenig, Assistant Superintendent Dave Davies and Chief Beever.

Chief Beever received unanimous approval from supervisors to change internet providers from Windstream to PenTelaData.

"We need a router for $659," said Beever. "The county I.T. person will come in and configure our system for us so there’s no additional installation cost. The monthly fee will drop from $275 to $140.

"The new system will be 30 times faster than our current system," said Beever. Supervisors expressed satisfaction with the improvement the new system will provide.

Other items discussed included Supervisor Noelle Fortna’s indication that GSM Co. from Ephrata will begin the $4,810 roof repair work at 1975 N. Reading Road within 14 days, and Supervisor Alan Fry’s request that supervisors consider whether liability issues at the pool might be best addressed by removing the diving board at the pool.

Supervisors also approved the annual Farlow Communications Telephone Agreement. It increases by five percent and the rate will go from $1,430 to $1,502.

The Roadmaster’s Report stated that the new dump truck arrived. This 2013 108SD Freightliner dump truck was approved for a lease/purchase agreement in the amount of $128,328.05 at the supervisors’ Oct. 18 Workshop Meeting.

Supervisors approved the Roadmaster’s request to replace a motor head for $7,900. Township Manager Mark Hiester said that this should last 7 to 12 years. It is a better deal than spending three to four thousand for replacement parts that would last 3 to 4 years.

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