-WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS

7171 ALLENTOWN BOULEVARD, HARRISBURG, PA 17112

MONDAY, FEBRUARY 4, 2008

CALL TO ORDER

Mr. Hartman called the meeting to order with the Pledge of Allegiance. He announced there had been an Executive Session prior to the meeting to discuss personnel issues.

ROLL CALL

Larry Hartman, Chairman, Adam Klein, Vice Chairman

Linda Turns, Secretary/Treasurer Rick Mullen, Supervisor

Deb Curcillo, Supervisor

PUBLIC COMMENT

Bill Ostermayer, 7936 Appleby Rd. Mr. Ostermayer read from a prepared statement on the subject of the Harper Dr. Hotel. He asked the Board to reject the project because they cannot clean the stormwater run-off from the site going into the Manada Creek.

Mary Ann Yahn, 325 Piketown Rd. Ms. Yahn thanked the Public Works crews for their performance in the recent ice storms. She said she has a sewer pumping station on her property. During the rain storm last week the water surrounded the pumping station and covered the road. She said she was against the proposed bridge in the Brookview development upstream of her house.

Charles Barnes, 212 Berkstone Circle. Mr. Barnes spoke about the truck traffic and increasing illegal u-turns on Route 39. Mr. Klein said this was an ongoing concern that the Township is working on a continuous basis. Here is also increased State Police enforcement in the area. Mr. Rimer said the board would be reviewing studies of the problem at the next workshop meeting.

Mary Lou Smith, 8029 Redstone Dr. Ms. Smith reminded the Board of her recent appearance at the Zoning Hearing Board regarding the construction of an in-law apartment on her property. The Zoning Hearing Board ruled against her request and the Board declined to get involved in the matter. She asked for a Board member who voted against her request, which was a positive step for the community, to vote against the Harper Hotel project which she feels is a detriment to the community.

PUBLIC HEARING/MEETINGS: None.

PRESENTATIONS, STAFF/BOARD REPORTS

Dale Reigle – 2008 Elected Auditor – West Hanover Township. Mr. Reigle said he was recently elected as one out of three Auditors. Two of the seats are vacant and without at least one other Auditor there is no quorum and the job cannot be done. He said there were duties for the elected Auditors other than financial audits. He asked the Board to appointment at least one more Auditor to provide a quorum. Solicitor Yost said the Vacancy Board should make the appointments. Mr. Mullen moved, seconded by Mr. Klein, to advertise in the Patriot News for interested candidates for the two vacant Auditor positions. Motion passed unanimously.

Al Brulo, Township Engineer – Devonshire Heights Rd/Rt. 39 intersection status report. Mr. Brulo provided a status report on the intersection. He said he would be at the workshop next week to provide several concepts and their associated cost projections for a long term solution to the problem. He has spoken with Mrs. Long and is waiting for her to arrange the meeting of the neighbors at her house. On recent site visits he has also met with the Vowler’s and the Calhoun’s to discuss the intersection. He reiterated that the curbing was designed to slow traffic turning onto Devonshire Heights Rd. and reduce the possibilities of T-bone collisions. This was a conscious trade-off to the possibilities of rear end collisions by slowing traffic. Some of the interim solutions included increased signage in the area, moving the double yellow line on Devonshire Heights Rd. slightly north to provide a wider entrance lane, and positioning a blinker light on Rt. 39 to slow the traffic in the area.

APPROVAL OF MINUTES

Regular meeting – January 22, 2008. Ms. Turns moved, seconded by Mr. Mullen, to approve the minutes of the January 22, 2008, regular meeting. Motion passed unanimously.

Special meeting – January 28, 2008. Mr. Klein moved, seconded by Mrs. Curcillo, to approve the minutes of the January 28, 2008, special meeting. Motion passed unanimously.

TREASURER’S REPORT

Ms. Turns reported the following fund balances:

General Fund Balance as of February 1, 2008 $1,340,313.53

Total Liquid Fuels Balance as of February 1, 2008 $112,756.52

Total Capital Reserve Fund Balance as of February 1, 2008 $1,007,356.55

She reported the deposit activity since January 22, 2009, totaled $48,989.67, with the monthly Earned Income Tax Deposit on February 1, 2008, of $39,537.56. She reported the gross payroll of February 1, 2008, totaled $31,750.66. Mr. Klein moved, seconded by Mr. Mullen, to approve the payroll in the amount of $31,750.66. Motion passed unanimously. She reported the vouchers prepaid to meet due dates totaled $5,496.07. Mr. Mullen moved, seconded by Mrs. Curcillo, to approve the prepaid vouchers in the amount of $5,496.07. Motion passed unanimously. She reported the vouchers to be approved totaled $79,961.50. Mrs. Curcillo moved, seconded by Mr. Mullen, to approve the vouchers in the amount of $79,961.50. Motion passed unanimously.

Financial Statement, December 31, 2007. No discussion.

PLANNING COMMISSION REPORTS AND PLANS

#07.012 P/LD Harper Drive Hotel (Action by 2/8/08). Mr. Leonard, Zoning Officer, introduced the plan where the applicant is proposing to build a 48 room; 33,000 sq ft hotel on a 2.31 acre parcel along the east side of Harper Drive. The parcel is zoned Commercial Highway, or CH. The east side of Harper Drive was rezoned to Commercial Highway during the Comprehensive Rezoning of the Township, approved by the Board of Supervisors on August 15, 2005. The area is within the designated growth area of the Township, and is close to the Exit 77 Interchange. The motel and hotel use is a permitted use by right in the Commercial Highway Zoning District. The property will be serviced by public water and sewer. This Preliminary Plan meets Township Ordinance requirements, and in areas of stormwater and landscaping, exceeds Ordinance requirements. It will come back through the approval process again as a Final Plan. The information on the stormwater no-harm option was submitted along with data indicating the site was not suitable for on-site infiltration so the applicant has requested a waiver to the groundwater recharge requirement. He also said the Board needed to clarify the Exit 77 contribution. Mr. Klein asked for the comments by the County Planning Commission which Mr. Leonard provided.

Mr. Hartman said the existing vegetation does not match what is indicated on the plan. He quoted Ordinance 173.23 regarding reducing fill and adversely affecting groundwater, however the Ordinance does not restrict the amount of fill on a property. Mr. Leonard said there were two conflicting Ordinances regarding the cutting of trees on a property.

Ms. Turns questioned the contours of the property and the water run-off. The applicant showed the details on the plan to the Board. Miss Fawn Cassel, engineer for the project, said the NPDES permit was currently under review by DCCD. Mr. Brulo pointed out that permit was required by the final plan, not the preliminary plan. Mr. Klein asked about the no-harm option. Mr. Leonard explained the Township was divided in many districts. The data was provided indicating the development discharge is well before peak level for Manada Creek. Mr. Hartman questioned the proposed stormwater management including the Terre Kleen unit, which filters all the run-off water. There was considerable discussion of this unit, its maintenance requirements, and the Township inspection program of all stormwater facilities. Mr. Hartman also confirmed the developer has agreed to the contribution of $15,800 to the Exit 77 project, based on the traffic flow at the project.

Chris Scott, 253 Berkstone Dr. Mr. Scott introduced himself as the founder of mandacreek.org. He said the majority of the public question attending meetings. He said he has retained attorney William Cluck and they are presenting a reason to stop this project. He said there were many downsides to the Terre Kleen system: it is too small to be effective; it is a haven for mosquitoes which cause malaria; the system is inadequate to decrease pollutants; and it does not prevent a spike in the salinity of the run-off. He reiterated the adverse affects of this project on Manada Creek. He asked the Board to analyze the facts and long term consequences of the project.

William Cluck, attorney for Manadacreek.org. Mr. Cluck said this plan had been revised many times in the last 6 months and even changed after the Planning Commission ruled on the plan. He requested the applicant give the Township an extension to enable a hearing where he would be able to cross exam witness and offer his own experts for testimony. He said the groundwater recharge waiver was not reviewed by the Planning Commission. He quoted Ordinance 168-5.C.2 and recommended denying the exemptions. He presented a water analysis which indicated superior water quality which entitles the Manada Creek to special protections. Mr. Klein said he was not a fan of the project but he must approve it if it complies with Township Ordinances. Mr. Cluck said the groundwater recharge modification request should be denied. Solicitor Yost asked Mr. Brulo about the groundwater recharge. Mr. Brulo quoted Ordinance 168-16.B.5 regarding unsuitable soils. He said the developer provided an Engineering report that the soils were unsuitable for infiltration. This enables the Board to waive the requirement. Mr. Cluck said 168-16.B.5 does not apply. Mr. Scott said he never had a water problem until the trees were cut down and the concrete around his pool has dropped 3 inches.

John Shearer, 7949 Slepian St. Mr. Shearer said he was the president of the Fishing Club. He said the commercial properties throughout the area release their stormwater into tributaries ending up in the Susquehanna River. He said the temperature of the creek cannot be maintained for the fish to survive.

Mr. Hartman questioned whether the Planning Commission should review the plan again. Mr. Brulo said the plan has not changed; there are just additional discussion items. Mr. Hartman said he was leery of approving the plan with this stormwater plan. Ms. Turns asked the applicant for a time extension. Mr. Steve Nudel, attorney for the applicant, said the plan meets all the Ordinances. Mr. Klein asked for a time extension. Mr. Nudel declined saying the plan meets all the ordinances and there was no reason to extend the time for consideration. He said it was a classic case of “NIMBY” (not in my backyard). Ms. Carol Buskirk, Planning Commission and EAC member, said the plan meets the stormwater Ordinance requirements, however maintenance is key. Mr. Brulo said he believes the plan will meet the NPDES permit requirements.

Mr. Hartman moved, seconded by Mr. Klein, that the Board of Supervisors waive the following sections of the West Hanover Township Subdivision and Land Development and Stormwater Ordinances for the Preliminary Land Development Plan for Harper Drive Hotel, 253 Harper Drive; Township ID #07.012, Tax Parcels # 68-024-081:

1. Section 173-37 – Exemption from Parkland dedication and a waiver of FILO

2. Section 168-8.C(2)(b)(7) – Selection of the Stormwater No-harm option

3. Section 168-16 – Waiver of Groundwater recharge

Motion passed three to two with Ms. Turns, Mr. Hartman, and Mr. Klein voting for and Mrs. Curcillo and Mr. Mullen voting against.

Mr. Hartman moved, seconded by Mr. Klein, that the Board of Supervisors approve the Preliminary Land Development Plan for Harper Drive Hotel, 253 Harper Drive; Township ID #07.012, Tax Parcels # 68-024-081, contingent upon:

1. 173.13.C(1) – Approval of an E&S Control Plan by DCCD.

2. 173-13.B(35) - Incorporating staff and Township Engineer’s comments.

3. 173-13.B(35) - Other items as determined necessary by Township Ordinances.

Motion passed four to one with Ms. Turns, Mrs. Curcillo, Mr. Hartman, and Mr. Klein voting for and Mr. Mullen voting against.

#07.014 P/LD Bella Vista Office Park (Action by 2/22/08). Mr. Leonard introduced this Preliminary Plan which is a 7 lot subdivision of a 7.99 acre parcel along Linglestown Road opposite part of the Township Maintenance Building and part of the Dermody warehouses. Access to the project will be via a new cul-de-sac road. The property is zoned IE and will be serviced by public water and public sewer. The development is within the Designated Growth Area of the Township. Mr. Leonard said he is still waiting for the capacity letter from the Water and Sewer Authority.

Mr. Todd Wilson, Alpha Consulting, presented a proposed map of a sewer easement on Township property. This item plus a construction easement for improvements to Route 39 and the fair share contribution to the Exit 77 project will be determined at the final plan stage.

Mr. Klein moved, seconded by Mr. Mullen, that the Board of Supervisors waive the following section of the West Hanover Township Subdivision and Land Development Ordinance for

the Preliminary Subdivision Plan for Bella Vista Business Park; Township ID #07.014, Tax Parcel # 68-019-019:

1. Section 173-37 – Exemption from Parkland dedication and a waiver of FILO

Motion passed unanimously.

Mr. Klein moved, seconded by Mr. Mullen, that the Board of Supervisors approve the Preliminary Subdivision Plan for Bella Vista Business Park; Township ID #07.014, Tax Parcel # 68-019-019, contingent upon:

1. 173.13.C(1) – Approval of an E&S Control Plan by DCCD.

2. 173-13.C(13) – Letter of adequate capacity from the Water & Sewer Authority.

3. 173-13.B(35) - Incorporating staff and Township Engineer’s comments.

4. 173-13.B(35) - Other items as determined necessary by Township Ordinances.

Motion passed unanimously.

#07.015 F/LD Olde Towne Hanover Phase I (Action by 3/18/08). Mr. Leonard introduced this plan which starts the development of the parcels recently combined in a minor subdivision plan. The purpose of the plan is to have a mixed residential-nonresidential use on about 23.9 acres in the Neighborhood Commercial (NC) Zoning District. The plan is to have two commercial lots along Rt. 39 available for sale, and the balance of the development will be condominium ownership. All three new lots will be serviced by public water and public sewer. This Phase proposes 31 residential units and mixed non-residential structures. There are existing structures on two of the lots which will be demolished or moved. The property is in the Designated Growth Area of the Township. There is a concern with the FEMA designation of floodplain. The stormwater infiltration is all on site and all of the outstanding comments are being addressed.

Mr. Brulo, Township Engineer, addressed the offsite improvements. The developers will make all the lane improvements to Route 39 at the site. The traffic light installation will not be completed until there is a true warrant for it. However, there should be an agreement with the developer to install the light, contribute to improvements at Exit 77, and contribute to improvements at the intersection of Rt 39 and 22. Mr. Drew Williams, developer, said PennDot will not allow him to install the traffic light until it is warranted, however PennDot does require an agreement with the Township. Until increased traffic can be measured at the intersection of Rt 39 and 22, the improvements there cannot be measured or attributed to one of several developments along the Rt. 39 corridor.

Ms. Turns moved, seconded by Mr. Mullen, that the Board of Supervisors waive the additional following section of the West Hanover Township Subdivision and Land Development Ordinance for the Final Land Development for Olde Towne Hanover – Phase 1; Township ID #07.015, formerly Tax Parcels # 68-024-088, -208, -094, -116, and -096:

1. Section 173-37 – Parkland dedication

2. Reapprove the eight waivers granted under the Preliminary Plan approval.

Motion passed unanimously.

Ms. Turns moved, seconded by Mr. Mullen, that the Board of Supervisors approve the Final Land Development for Olde Towne Hanover – Phase 1; Township ID #07.015, formerly Tax Parcels # 68-024-088, -208, -094, -116, and -096, contingent upon:

1. 173.15.C(3) – Submitting a state HOP application.

3. 173-15.C(5) - Obtaining a floodplain map revision.

4. 173.15.C(1) – Approval of a revised E&S Control Plan by DCCD.

5. 173-15.C(15) – Improvements agreements and escrows.

6. 173-15.B(32) - Incorporating staff and Township Engineer’s comments.

7. 173-15.B(32) - Other items as determined necessary by Township Ordinances.

Motion passed unanimously.

#07.006 F/SB Roger & Alice Cackovic (Action by 2/5/08). Mr. Leonard introduced this plan which is a one lot (21.8 acre) subdivision of a 109.609 acre parcel in the FRA Zoning District. This plan clears up a transaction between the parties from several years ago. No land development is involved, as is noted on the plan with a non-building waiver. Any land development would necessitate showing sewerability and the construction of a cul-de-sac street. Open space has been provided which will preclude much future development. The environmental features have been shown. The new lot has adequate setbacks and lot area. The paper street and notes as a non-buildable lot give the lot required road frontage. Discussions with the Township Solicitor agree this subdivision can proceed IF a separate recorded document be created indicating that the paper street must be constructed according to current standards prior to any land development or construction.

Ms. Turns questioned the road frontage of the lot. Rob Shaffer, Act One Consultants, said that before any building permit can be issued for the lot the cul-de-sac must be constructed to meet Township standards. There are no plans to construct the cul-de-sac.

Mrs. Curcillo 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 Richard Yingst and Roger J. and Alice M. Cackovic; 7856 Appleby Road, Township ID #07.006, Tax Parcel # 68-005-060:

1. Section 173-11.A – Preliminary Plan

2. Section 173-11.B(2)(bb) – Existing contours

3. Section 173-37.B(2) – Parkland dedication exemption

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

5. Section 173-11.B(3)(a) – Erosion and Sedimentation Control Plan

6. Section 173-37.G(1) – Paying fee-in-lieu of parkland dedication

7. Section 168-11 – Exemption from Stormwater Management Plan

Motion passed unanimously.

Mrs. Curcillo moved, seconded by Mr. Mullen, to approve the Final Subdivision Plan for Richard Yingst and Roger J. and Alice M. Cackovic; 7856 Appleby Road, Township ID #07.006, Tax Parcel # 68-005-060, contingent upon:

1. Section 173-11.B(3)(m) – Recording separate agreement regarding street construction and/or dedication prior to any further land development of property.

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

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

Motion passed unanimously.

Draft – Transportation Plan Update for review and comment. Ms. Turns moved, seconded by Mr. Mullen, to move the draft Transportation Plan update to the workshop agenda. Motion passed unanimously.

Staff Report - Featherman Rezoning Request Questions. Mr. Leonard clarified the situation regarding the past rezoning of the Featherman property. In 2000 his request to rezone from Residential to Village was approved. During the comprehensive rezoning in 2005 the Village district was discontinued and the Featherman property was zoned Residential. Mr. Featherman has contacted his neighbors who are all requesting rezoning to Commercial Highway. Mr. Klein moved, seconded by Mr. Mullen, to recommend Mr. Featherman and his neighbors make 1 application for all 5 properties for rezoning to Commercial Highway and pay one submission fee. Motion passed unanimously.

OLD BUSINESS

Set Maintenance Guarantee for Clover Hill Lot 11.

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

Resolution 2006-71 – Accepting Bretz Dr., Carlson Rd., and Benjamin Court. Mr. Rimer reported he has spoken with Mrs. Bretz who is moving forward with completing the improvements in order to dedicate the streets. The board asked for an update at the March 17, 2008, meeting.

Status of Act 537 TAR for Holiday Park. Mr. Dave Smith, SEO, presented the DEP TAR (Task Activity Report) for the Holiday Park area. He said they would meet with each property owner and check both the soils and the systems. No well testing will be performed. They plan to start after receiving approval from DEP. This study will qualify for the 50% reimbursement from DEP. Ms. Turns moved, seconded by Mr. Mullen, to approve the TAR and direct the SEO to move forward with the study. Motion passed unanimously.

NEW BUSINESS

Consent Items. Mr. Hartman moved, seconded by Ms. Turns, to approve the Conference Attendance Authorization for Patti Estheimer to attend the DCNR Workshop for Community Conservation Partnership Program (C2P2) in Carlisle on February 5, 2008, at no cost. Motion passed unanimously. Mr. Mullen moved, seconded by Ms. Turns, to approve the Conference Attendance Authorization for Michael Rimer to attend the APMM Eastern Executive Development Conference at the Hotel Hershey on February 21-22, 2008, at a cost of $185.00. Motion passed unanimously. There was some discussion on the cost of the lodging for the PRPS conference. Mr. Mullen moved to approve the Conference Attendance Authorization for Dixie Fesig and Larue Lightner to attend the PRPS Annual State Conference at Seven Springs Resort in Champion, PA, on March 8-12, 2008, at a total cost of $1,306.00. The motion died for lack of a second. Mr. Mullen moved, seconded by Ms. Turns, to approve the Conference Attendance Authorization for Harold Arndt to attend the IRC 301: Energy Essentials class in Enola on March 18-19, 2008, at a cost of $195. Motion passed unanimously. Ms. Turns moved, seconded by Mrs. Curcillo, to approve the Improvement Guarantee Release #2 for the Super 8 Motel in the amount of $14,750.00 leaving a balance of $9,982.40. Motion passed unanimously.

Authorize Advertisement Bid 2008-02, Mowing and Landscaping. Mrs. Curcillo moved, seconded by Mr. Mullen, to authorize the advertising of Bid 2008-02, Mowing and Landscaping. Motion passed unanimously.

Authorize Park Use Agreement w/ WHT Baseball/Softball Association. Ms. Turns moved, seconded by Mr. Mullen, to authorize the Park Use Agreement with the West Hanover Baseball/Softball Association. Motion passed unanimously.

Authorize Participation in Shared Design Review – Swatara Township Authority Water Pollution Control Upgrade and Design. Ms. Turns moved, seconded by Mr. Mullen, to authorize participation in the shared design review for the Swatara Township Authority Water Pollution Control “value engineering” and/or “re-review” of the project in the amount of $1,694.00 from the General Fund account 42900.300. Motion passed unanimously.

Sewer Pumping Extension Request – Milliken. Ms. Turns moved, seconded by Mr. Mullen, to approve the sewer pumping extension request for 1036 Delmont Court to August 23, 2010. Motion passed unanimously.

Authorize In-kind Labor for Drainage Project at WHT Water and Sewer Authority. Mr. Mullen moved, seconded by Mr. Klein, to authorize the installation of a drainage box and piping at the Water and Sewer Authority property with the Township providing in-kind labor and the Authority paying for materials. Motion passed unanimously.

CORRESPONDENCE

4. FROM: Bill McCahan, Chair, PSAB

TO: Bill Mulligan, Pilot Travel Centers

RE: Truck traffic

The Board complimented Mr. McCahan on his letter to Pilot

6. FROM: North Middleton Township

RE: Informational Workshop on EIT collections

The following Board members expressed interest in attending the workshop: Mr. Hartman, Mrs. Curcillo, Ms. Turns, and Mr. Klein.

OTHER BUSINESS THAT MAY COME BEFORE THE BOARD

Ms. Turns moved, seconded by Mr. Mullen, to instruct the staff to include all reports, not just the summary from the Zoning Officer, from the various commissions/boards (Township Engineer, EAC, Planning Commission, PSAB, Park and Rec, and County Planning Commission) with development plans presented for Supervisor approval. Motion passed unanimously.

Mrs. Curcillo asked Mr. Rimer to contact Rep. Marsico’s office regarding funding for the blinking light at the intersection of Devonshire Heights Rd and Rt. 39.

Ms. Turns moved, seconded by Mr. Mullen, to ask the Roadmaster to report in person to the Board of Supervisors at the second meeting of each month. Motion passed unanimously.

SUPERVISORS COMMENTS: None.

ADJOURNMENT: 10:25 PM