WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS

7171 ALLENTOWN BOULEVARD, HARRISBURG, PA  17112

MONDAY, JULY 2, 2007

 

 

CALL TO ORDER

 

Mr. Ziltz called the meeting to order followed by the Pledge of Allegiance.  He announced there had been an Executive Session at 6:00 PM.

 

ROLL CALL

 

Bob Ziltz, Chairman,                                                  Larry Hartman, Vice Chairman

Linda Turns, Secretary/Treasurer, absent                    Adam Klein, Supervisor

Rick Mullen, Supervisor

 

PUBLIC COMMENT

 

Joe Rutter, 324 Baumgardner Rd.  Mr. Rutter asked for clarification on the Skyline Commons project.  He said he had bought his lot a premium and the construction now calls for the gazebo practically in his back yard.  He also complained about the irregular street lighting.  Mr. Ziltz said the developer determines the street lighting as part of the subdivision process.  He also said there had been public hearings on the park project and an approved plan for the construction.

 

Harry Welch, 442 Quigley Circle.  Mr. Welch also spoke about the Skyline Commons project complaining about the trees being removed directly behind his house.  He said he met with Supervisor Turns who recommended a berm for additional screening.  He wants an increase in the number of trees to be planted and said he was willing to contribute funds for more trees.

 

Pat Albright, 213 Hanoverview Circle.  Ms. Albright said she was a member of the Brynfield Homeowners Association and supported the idea of a berm with additional trees to provide screening for the homeowners.  She said this would provide the necessary privacy and return the shade to the homeowners.  She also asked what portions of the pedestrian path would be paved.  Mr. Rimer said the entire path was to be paved.

 

Dan Kelly, 7401 Sterling Rd.  Mr. Kelly spoke in favor the drainage and rebuilding project on Sterling Rd.  He said the road is being undermined by water run-off.  He said every homeowner along the affected area has agreed to a temporary construction easement and encouraged the Board to award the bid.

 

Roxanne Stevens, 7844 Jonestown Rd.  Ms. Stevens thanked Mr. Klein for walking the areas affected by misplaced truck traffic.  Representatives of the PA Motor Trucking Association have also done a site walk and were very concerned with the truck traffic they witnessed.  She reported she had received a proposal from Pilot for new signs.  She asked for an Ordinance saying it was illegal to enter private property.  She said the State Police recommended barriers at the intersection of Jonestown Rd and Route 39 to prevent right hand turns.

 

Chris Scott, 253 Berkstone Dr.  Mr. Scott addressed the Summit Restaurant plan saying he was very comfortable with the stormwater plan for the restaurant but had concerns about the stormwater plans for another project in the area, Harper Hotel.  He said there has been recent

 

dumping of construction material in the old Harper Hotel area.  He expressed concern with the environmental impact and did not want a hotel in his backyard.

 

Mr. Rimer said he has received several updates from the Township Engineer regarding the truck traffic and they will be passed on to the PSAB at their meeting on Thursday, July 5, 2007.

 

Mr. Hartman moved, seconded by Mr. Klein, to direct the staff to prepare an Ordinance making it illegal for a truck to enter private property without the owner’s express consent.  Motion passed unanimously. 

 

PUBLIC HEARING/MEETINGS

 

#2007.01 Rezoning Request for Fitser/Marlin.  Please see official transcript.  Mr. Hartman moved, seconded by Mr. Mullen, to approve Ordinance 2007-12 the rezoning request for the Fitser and Marlin property from BE to CH and to authorize the revision of the zoning map to reflect the change.  Motion passed unanimously. 

 

PRESENTATIONS, STAFF/BOARD REPORTS

 

Mr. Rimer drew attention to the memo from the Township Engineer to keep the Board informed of the progress.

 

APPROVAL OF MINUTES

 

Regular meeting – June 18, 2007.  Mr. Hartman moved, seconded by Mr. Klein, to approve the minutes of the regular meeting on June 18, 2007.  Motion passed three to one with Mr. Klein, Mr. Hartman, and Mr. Mullen voting for and Mr. Ziltz abstaining. 

 

TREASURER’S REPORT

Ms. England reported the following fund balances:

General Fund Balance as of June 29, 2007                                                     $825,091.65

Total Liquid Fuels Balance as of June 29, 2007                                              $341,586.04

Total Capital Reserve Fund Balance as of June 29, 2007                             $1,222,134.74

 

She reported the deposit activity since June 15, 2007, totaled $21,659.46, with a Monthly Earned Income Tax Deposit on July 2 2007, of $191,262.53.  She reported the gross payroll of June 22, 2007, totaled $40,468.00.  Mr. Mullen moved, seconded by Mr. Klein, to approve the payroll in the amount of $40,468.00.  Motion passed unanimously.  She reported the vouchers prepaid to meet due dates totaled $4,297.12.  Mr. Klein moved, seconded by Mr. Mullen, to approve the prepaid vouchers in the amount of $4,297.12.  Motion passed unanimously.  She reported the vouchers to be approved totaled $43,155.02.  Mr. Mullen moved, seconded by Mr. Klein, to approve the vouchers in the amount of $43,155.02.  Motion passed unanimously. 

 

Financial Statement, May, 2007.  No discussion.

 

PLANNING COMMISSION REPORTS AND PLANS

 

#07-007 F/SD Olde Towne Hanover.  Action by 08/21/07.  Mr. Leonard, Zoning Officer, introduced the plan which combines 5 parcels and then re-divides them into 3 parcels, in preparation for a mixed use land development plan.  Since the plan is to have two commercial lots along Rt. 39 available for sale, and the balance of the development will be condominium ownership, it was recommended a subdivision plan be submitted separately from the land development plan.  All three new lots will be serviced by public water and public sewer.  There are existing structures on two of the lots, but they will be demolished during land development.  The parcels are all in the Neighborhood Commercial District, and in the Comprehensive Plan’s designated growth area. 

 

He reported on May 24, 2007, the Township Planning Commission recommended approval of this subdivision plan with waivers and contingencies being granted.  On May 23, 2007, the Dauphin County Planning Commission reviewed the plan with minor technical comments, and some comments better addressed during land development.  The minor technical comments are all addressed

 

Mr. Hartman moved, seconded by Mr. Mullen, that the Board of Supervisors waive the following sections of the Subdivision and Land Development Ordinance for the Final Subdivision Plan for Olde Towne Hanover; Township ID #07.007, Tax Parcels # 68-024-088, -208, -094, -116, and -096:

1.      Section 173-11.A – Preliminary Plan requirements

2.      Section 173-11.B(3)(c) – State Highway Occupancy Permit

3.      Section 173-11.B(3)(h) – Wetlands study

4.      Section 173-11.B(3)(b) – Sewage Planning Module

5.      Section 173-37 – Parkland dedication

 

Motion passed unanimously. 

 

Mr. Hartman moved, seconded by Mr. Mullen, to approve the Final Subdivision Plan for Olde Towne Hanover; Township ID #07.007, Tax Parcels #68-024-088, -208, -094, -116, and -096, contingent upon:

1.      Section 173-11.B(3)(m) – Satisfaction of Township Engineer comments.

2.      Section 173-11.B(3)(m) - Other items as determined necessary by Township Ordinances.

 

Motion passed unanimously. 

 

#06.017 F/LD Summit Restaurant East.  Action by 08/30/07.  Mr. Klein announced a conflict of interest and said he would abstain from all deliberations and votes on this plan.  Mr. Leonard reported this Final Subdivision and Land Development Plan for a 160 seat restaurant is proposed on 4 parcels (to be combined into one) of land consisting of a total of 3.51 acres, fronting on Hershey Road, Jonestown Road, and Harper Drive.  The parcels are all zoned Commercial Highway, or CH.  The area is within the designated growth area of the Township, and is adjacent to the Exit 77 Interchange.  The restaurant use is a permitted use by right in the Commercial Highway Zoning District.  The property will be serviced by public water and sewer.

 

 

At the April Planning Commission meeting, the applicant expressed willingness to discuss off-site improvements, and expressed willingness to discuss solutions to road and runoff issues with the future developer of a tract across Harper Drive.  A proposed Sleep Inn has now been discussed at the Township regarding development of the tract across the street.  It is suggested that Mr. Loxas and Mr. Patel get together to coordinate improvements along Harper Drive.  Mr. Brulo, Township Engineer, suggested redirecting stormwater north along Harper Dr. then into the Manada Creek and joining with the hotel project to improve both sides of Harper Dr.  Mr. Loxas said he wanted to concentrate on the restaurant only.  Mr. Chris Hoover, project engineer, said the restaurant plan reduces the amount of stormwater run-off by approximately 50%.

 

Mr. Hartman moved, seconded by Mr. Mullen, that the Board of Supervisors waive the following sections of the West Hanover Township Subdivision and Land Development Ordinance for the Final Subdivision and Land Development Plan for Summit Family Restaurant East, Township ID #06.017, Tax Parcels # 68-024-142, -139, -120, and -074:

1.      Section 173-11.A – Preliminary Plan Procedure

2.      Section 173-11.B(2)(c) – Driveway profile scale

3.      Section 173-37.B(3) – Land Dedication and Fee-in-lieu

 

Motion passed three to one with Mr. Ziltz, Mr. Hartman, and Mr. Mullen voting for and Mr. Klein abstaining.

 

Mr. Hartman moved, seconded by Mr. Mullen, that the Board of Supervisors approve the Final Subdivision and Land Development Plan for Summit Family Restaurant East, Township ID #06.017, Tax Parcels # 68-024-142, -139, -120, and -074, contingent upon:

1.      173-11.B(3)(a) - Approval of Erosion and Sedimentation Plan by DCCD.

2.      173-33.H(3)(a) – Approval of the sewage connection by the WHT Water and Sewer Authority.

3.      173-11.B(2)(ee) - Incorporating staff and Township Engineer’s comments.

4.      173-11.B(2)(ee) - Other items as determined necessary by Township Ordinances.

5.      Accept the contribution of $11,300 towards improvements associated with the Exit 77 project

 

Motion passed three to one with Mr. Ziltz, Mr. Hartman, and Mr. Mullen voting for and Mr. Klein abstaining.

 

OLD BUSINESS

 

Set Maintenance Guarantee for Clover Hill Lot 11.  Tabled.  

 

Set Maintenance Guarantee for Clover Hill Lots 10 A, B, C, 12B.  Tabled.

 

Resolution 2006-71 – Accepting Bretz Dr., Carlson Rd., and Benjamin Court.  Tabled. 

 

NEW BUSINESS

 

Consent Items.  Mr. Hartman moved, seconded by Mr. Mullen, to approve the conference attendance authorization, Section 607.4, for Harold Arndt and Tim Russell to attend the 2006 IBC Accessibility and Usability Training on September 6, 2007 at Lower Allen Township at a cost of $50.00.  Motion passed unanimously. 

Mr. Jim Watson, S & A Homes, spoke about the remaining 4 items on the improvement guarantee.  He said the home on lot 57 has not been constructed yet and would like to move the improvement guarantee funds for the sidewalk and tree to the Phase 3 bonding.  He would like to move the ped path and associated trees into the Phase 4 bonding.  This would allow the time clock for the 18 month maintenance guarantee to begin.  Solicitor Yost said these were issues that should be discussed with the Township Engineer, Al Brulo.  Mr. Ziltz was concerned over the release of the 10% contingency amount.  Mr. Hartman was concerned about the completion of the ped path.  Mr. Hartman moved, seconded by Mr. Mullen, to approve the Improvement Guarantee Release #2 for Millstone Phase I in the amount of $7,742.00 leaving a balance of $58,302.08.  Motion passed unanimously.  Jim Messinger, 7932 Slepian St., said the ped path issue should be pursued.

 

Award Bid 2007-04, Hanover Heights/Fairville Rd Reconstruction and Sterling Rd. East Phase 2 Reconstruction projects.  Mr. Rimer said the bid came in at $312,134.00, approximately 50% over the budget.  He reviewed with the Board some of the reasons given for only one bidder on the project.  Mr. Brulo, Township Engineer, reviewed the 4 options for the Board.  Mr. Rimer and Mr. Harmon, Roadmaster, recommended option 3 which called for removing the reclaiming of Hanover Heights from the project bringing the cost down to $193,855.00.  Mr. Harman has done a good deal of base repair in Hanover Heights and feels that an overlay would be sufficient.  Mr. Brulo said the life span of the overlay is 10 to 15 years while the reclaim life span is 20 to 30 years.  Mr. Mullen moved, seconded by Mr. Hartman, to award the bid to Kinsley construction for a price of $193,855.00 and adjusting the quantities of materials to remove the Hanover Heights portion of reclaim.  Motion passed unanimously. 

 

Resolution 2007-45, Fire/Police Authorization.  Mr. Hartman moved, seconded by Mr. Mullen, to approve Resolution 2007-45, authorizing Fire/Police attendance at community events.  Motion passed unanimously. 

 

Resolution 2007-46, Adopt-a-highway program.  Mr. Rimer acknowledged Boy Scout Troop 27 as the impetus behind this program.  He received comments on the program manual from the Scouts and EAC.  The major change since the last time the Board reviewed the manual is the addition on page 12 of 3 options for waste disposal.  Mr. Hartman moved, seconded by Mr. Klein, to adopt Resolution 2007-46, approving the Adopt-a-Highway program and manual for the Township.  Motion passed with Mr. Klein, Mr. Ziltz, and Mr. Hartman voting for and Mr. Mullen temporarily out of the room.

 

Sen. Piccola – West Hanover Township - Town Meeting.  Mr. Rimer announced Senator Piccola’s Town meeting for Saturday, September 15, 2007, at the Township Municipal Building.

 

Skyline Commons Park Landscape Modification.  Mr. Leonard, Park and Rec Board Chairman, reported the brush and trees have been removed on the southern boundary as part of the park improvement project.  The plan calls for 7 new locust trees to be planted in the area.  He has met with some concerned homeowners over the issue of the potential invasion by the public into their back yards.  The entire Park and Rec Board has voted to recommend the installation of a berm to provide a partial screen for the homeowners.  He said the area would be approximately 20 feet wide, 4 to 6feet high, and 160 feet long.  Mr. Brulo, Township Engineer, said there appears to be enough room for the berm.  Mr. Hartman said he didn’t understand why homeowners would not want to look at the park.

 

Wally Royles, 450 Quigley Circle.  Mr. Royles said the park plans were developed prior to the complete build-out of Quigley Circle so they had no input into the park plan.  Mr. Hartman questioned why everyone in the Township should pay to screen a few houses.

 

Dan Phillips, 444 Quigley Circle.  Mr. Phillips complained that the natural screen was removed.

 

Harry Welch, 442 Quigley Circle.  Mr. Welch said he was disappointed in Mr. Hartman’s attitude.  He complained that the trees were removed and wants a buffer out of consideration of the homeowners.

 

Tim Albright, 213 Hanoverview Circle.  Mr. Albright said the donation of the land for the park was made with the homeowners’ funds.  He also cited Ordinance section 173.38.A.1 which calls for preserving the natural features of the Township and complained that the Township then tore down the trees.

 

Joe Rutter, 324 Baumgardner Rd.  Mr. Rutter asked why the gazebo was built in the wetlands.  He said the Township should forget the bridge and the gazebo.

 

Bob Carnathan, 446 Quigley Circle.  Mr. Carnathan said everyone is complaining when we should be moving forward.

 

Mr. Ziltz said that the actual construction looks very stark compared to the detail on the plans.  He said the Board is tired of hearing complaints about real estate deals and what a realtor may or may not have told a homeowner.  He said that was a matter to be taken up with the realtor, not the Township.  Mr. Ziltz moved, seconded by Mr. Mullen, to direct the Township Engineer to prepare simple plans for a 5 foot berm with appropriate foliage to achieve level 3 screening and to negotiate a proposed change order for the contractor, TR Stoner, to present to the Board for discussion at their workshop on July 10, 2007.  Motion passed unanimously. 

 

Authorize Advertisement of Bid 2007-06, Houck Memorial ADA path.  Mr. Hartman moved, seconded by Mr. Mullen, to authorize the advertisement of bidding for the Houck Memorial ADA accessible path.  Motion passed unanimously. 

 

CORRESPONDENCE

 

5.   FROM:  Capital Baptist Church

RE:  Request for Real Property Tax Abatement.  Mr. Ziltz moved, seconded by Mr. Mullen, to not consider tax abatement for the Capital Baptist Church.  Motion passed unanimously. 

 

2.      FROM:  PennDot

RE:  Bridge Construction, Fairville Ave.  Mr. Rimer said there would be a Resolution to close that section of Fairville Ave. at the August meeting.

 

15.  FROM:  Samuel P. Harris

RE:  Mumma Road Sign.  Mr. Rimer said that under the enhanced 911 system all roads must be named.  Solicitor Yost recommended giving Mr. Harris permission to post a sign saying “Private” under the street sign.

 

OTHER BUSINESS THAT MAY COME BEFORE THE BOARD:  None.

 

SUPERVISORS COMMENTS:  None.

 

ADJOURNMEN:  9:50 PM.