WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS
7171 ALLENTOWN BOULEVARD, HARRISBURG, PA 17112
MONDAY, APRIL 2, 2001
REGULAR MEETING
CALL TO ORDER
Chairman Zimmerman called the April 2, 2001 regular meeting of the West Hanover Township Board of Supervisors to order at 7 p.m., followed by the invocation and the Pledge of Allegiance.
Gloria J. Zimmerman, Chairman
Kenneth W. Gross, Vice Chairman
Earl B. Hoffman, Sr., Assistant Secretary/Treasurer
Robert R. Jones, Supervisor
Stephen L. Millard, Supervisor
Ruth Shields, 837 Pheasant Road. Mrs. Shields said she wanted to clarify a statement she made at another meeting regarding the fact that someone was going around the area affected by the 537 Plan Augmentation flashing a badge and passing a petition. Mrs. Shields said that she had received her information from Mr. Rimer. Mr. Rimer confirmed that he had received a call from the son of a resident giving him that information.
Pat Cassel, 201 Oak Grove Road. Mrs. Cassel asked whether the circumstances between the Township and the Fire Company had been resolved. Mrs. Zimmerman asked Mr. Rimer if he met with the treasurer. Mr. Rimer said he was working with Jim Johnson to obtain the final documentation and that he had offered his assistance but that he had not met with the treasurer of the Fire Company. Mrs. Zimmerman asked Mr. Rimer to check with Mr. Johnson to set a time to meet.
Carl Hetterer, 7025 Terrann Drive. Mr. Hetterer said he was passing a petition around but that he had not been flashing a badge. He said he visited 86 homes and residents in 84 of the homes had agreed to sign the petition. Mr. Hetterer said they were glad that the Board was against the residents paying $9,600 to connect to the sewer. He went on to say that he believed that the $9,600 figure should be removed from the 537 Plan. He suggested that the Board consider the idea of having a town meeting where residents could come in and talk with the supervisors. [Mr. Hetterer presented Mrs. Zimmerman with the signed petition.]
Mrs. Zimmerman pointed out that the 537 Plan was just a plan and that it was not written in stone. Mr. Hetterer responded by saying that the Board members had assured residents they would not have to pay anymore than anyone else. He said that charging the residents any more than $2,600 would be discrimination and that if that happened, the Board could expect a federal
lawsuit for discrimination. Mr. Gross agreed that the $9,600 should not be in the plan because the Board was not going to allow the residents to be charged that much. Mr. Hetterer said the plan needed to be revised and the $9,600 removed.
Mr. Millard said the problem was that he wasn’t sure that the supervisors had that much control and that the Board could actually specify that the people would not pay $9,600.
Mr. Hetterer said he did some calculations with new development over a five-year period and that according to his calculations the Sewer Authority would realize over $2 million in income. He said if the $2 million in projected income was combined with the current reserve of $1.5 million that would mean that the Authority would realize income of over $3.6 million at no cost for running the lines. He went on to say that he believed somebody had to check to see what was going on with the Authority.
Mr. Hetterer said the residents in the Terrann Drive and surrounding areas had given up their rural atmosphere and supported the zoning change so that the developments could be built and the sewer lines could be installed.
Mr. Hetterer went on to say that Mr. Yingst had stated that if the school came into the Township, it would run the sewer line from the pumping station down to Sandy Hollow Road and that in exchange Mr. Yingst agreed to run the sewer line down Terrann Drive at no cost to the Township. Mr. Hetterer reiterated that he wanted the $9,600 figure removed from the 537 Plan Augmentation.
Mr. Gross asked Mr. Wendle if that figure could be removed. Mr. Wendle said the $9,600 could be removed but recommended that the estimated cost of the project remain in the plan.
Cheryl Bowers, 1509 Mumma Road. Ms. Bowers said that on several occasions, she had notified various people in the Township Office that she was receiving multiple newsletters. She said she still continued to receive more than one copy and also talked with other residents who received multiple copies as well as residents who did not receive a newsletter at all. Ms. Bowers noted that the Board would vote on a bill for $980 to print the newsletter later in the meeting. Mrs. Zimmerman asked Mr. Rimer to have the newsletter mailing list reviewed.
Donald Steinmeier, 11 North Fairville Avenue. Mr. Steinmeier asked about the content of #3 on the Correspondence List, a letter from Leon Oberdick at DEP regarding Fox Mill Road. [Mr. Rimer read excerpts from Mr. Oberdick’s letter.] Mr. Steinmeier asked what the Board’s response would be. Mr. Rimer said that no response was necessary because the Fox Mill Road plan had been approved.
Gloria Zimmerman. Mrs. Zimmerman asked if the necessary information had been forwarded to DCED on time. Mr. Rimer responded saying that the information was due to DCED on April 1 and had been forwarded on time. He said he received the audit report and that he would send it to the Board members prior to the next meeting.
Mrs. Zimmerman went on to say that she had received complaints about two rottweilers on Althea Avenue and Farmdale Avenue running loose. Mrs. Zimmerman said she would give the name to Mr. Rimer following the meeting and asked that a letter be forwarded to the owner. Mr. Rimer said he would do so.
Mrs. Zimmerman said the Board had been invited to a meeting with the Central Dauphin School Board on Thursday evening, April 5, at 6 p.m.
Earl Hoffman. Mr. Hoffman had no comment.
Ken Gross. Mr. Gross asked if the $9,600 figure could be removed from the 537 Augmentation Plan. Mr. Wendle said that the $9,600 figure could be removed but that the report needed to show the total cost of the project. Mr. Gross asked if it could be removed without causing a problem. Mr. Wendle said it could be removed in response to public comment. Mr. Wendle went on to say that he believed it was important to show the impact so residents had the right to comment.
Steve Millard. Mr. Millard suggested that the $9,600 figure be removed from the Plan and that a statement be added stating that the Water and Sewer Authority would fund that line. Mrs. Zimmerman said it was her understanding that the Board directed the plan but that the Sewer Authority directed the financial part of it. Mr. Millard said that since it was the Board’s plan, it would make sense that the Board could put in its Plan what it wanted. Mr. Gross said any reference as to who was paying for the project should be left out of the Plan. Mr. Yost suggested that the Board conduct the public meeting and go from there.
Bob Jones. Mr. Jones said he received a newsletter from Representative Marsico touting the fact that he was successful in obtaining $1 million grant in funding for West Hanover Township to conduct the 39 Corridor project. Mr. Rimer said that Representative Marsico was instrumental in getting the project added to the 12-year program and that he obtained a $1 million allocation towards the project. Mr. Jones asked if the project would begin in 2001. Mr. Rimer said that it would. He said he was in the process of going to the development community and existing businesses for the $960,000 that the Township needed to raise for the project. Mr. Rimer said that developers such as Dermody, Country Inn, and Pilot Oil had discussed providing some assistance towards the effort to improve the entire corridor. Mr. Rimer said when the funds were collected and the agreements were made, the Board would see the preliminary engineering begin. Mr. Jones asked who was responsible for moving the project forward. Mr. Rimer said that PennDOT was responsible and added that he had been in contact with Mark Melhensey, the project manager.
Mr. Jones asked about the progress of having the Sewer Authority repay the pension funds that the Township paid. Mr. Rimer responded by saying that the Sewer Authority had remitted the amount due for two of the three employees of the Authority. He said he would continue to do his best to recover the funds. Mr. Jones said that if the Authority did not repay the money it owed, he believed that the agreement between the Authority and the Township should be terminated and the employees would no longer be able to participate in the pension plan.
Mr. Jones said he had been reading a lot about the Central Dauphin School District building in West Hanover Township. He further said it was his understanding that eminent domain proceedings had already begun on the property they chose for building. Mr. Jones said it was his understanding that a school was not a permitted use in the FRA zoning district. He went on to say that if the Township did not allow the school district to build, it could own a farm. Mr. Rimer responded saying that he was contacted by the architects working on the project and that he had encouraged them to come to the Board and let it know what was happening regarding the property.
Mr. Jones asked if the Board had received a financial report from the Sewer Authority. He asked Mrs. Martin whether or not the audit had been done. Mrs. Martin responded saying that the audit had been completed.
Mr. Jones asked Mr. Rimer whether or not he had contacted Waste Management regarding the turnaround on Manor Drive near Florence and that the trash trucks were causing considerable damage to the road. Mr. Rimer said he mentioned something to Mr. Harman but that he had not communicated with Waste Management in writing. [Mr. Harman spoke from the audience saying that he had spoken with Steve at Waste Management regarding the problem.]
Mr. Jones asked Ms. Fesig for an update on registration for the various recreational activities. Ms. Fesig said that registration was coming along. She said there was a problem with holding the yoga classes at Skyline View Church. She said she had spoken to one person at the church and was told that the Township would be permitted to use the facility but then was told that the church board had decided not to allow the yoga classes to be held at the church. She said the yoga classes would probably be held in the lower level of the Township building.
Mr. Jones said that he noted in the newspaper that there was an animal shelter in the Township that was taking in rabbits and kittens. Mrs. Carricato addressed the Board from the audience saying that the person in question lived on Piketown Road and that she did a wonderful job. She said if anyone was interested, there would be a national telecast of her operation as well as the operation on Piketown Road on Saturday, April 28.
Public Meeting for Act 537 Augmentation Plan. Mr. Wendle gave the following background in regard to the Act 537 Augmentation Plan. Several months ago, there was a planning module that proposed an interceptor sewer along Sandy Hollow Road, along the stream to Piketown Road, and construction of a pumping station to serve three developments. As a result, DEP said that the Township needed to look at existing development in the drainage basin before it would approve the amendment to the 537 Plan. As part of the study, well samples were taken. In addition, the SEO looked at septic systems and a determination was made that the area should have public sewer because of the limitations of the soils, the size of the lots, and the existing water problems. Some alternatives were considered, but since the developers’ intent was to construct the line along the interceptor south of Sandy Hollow Road and develop up to Sandy Hollow Road, that would bring the public sewer very close to those homes. The residents on the north side of Sandy Hollow Road near the intersection on Manor Drive would have the sewer pass directly in front of their homes and they would have immediate sewer service available.
Mr. Wendle went on to say that the estimated cost would be approximately $336,000 given the fact that the developers would build a manhole near the intersection of Hollow Road and Sandy Hollow Road and another near the intersection of Sandy Hollow Road and Piketown Road, which would be about 2,500 feet of sewer contributed to the project, the cost to connect the development.
Mr. Wendle said the cost seemed to be the biggest issue with all the public comment. He said that in the text of the plan, it was mentioned that the $336,000 would equate to $9,600 per home and there were several options given as to how that could be financed—whether it would be a special district, whether it would be a tapping fee, or whether it would be different rates. He said that in the plan it was sufficient to say that in a 5-10 year planning period when development got closer to that area, Sandy Hollow Road, Hollow Road, and Terrann Drive would receive public sewer. Mr. Wendle said he saw no problem in removing the mention of the $9,600 following public comment. He said that the augmentation plan could say that the Sewer Authority would determine the financing at the time the project was undertaken. Mr. Wendle went on to say that the more development that occurred in the area, the less the total project would cost.
Mr. Gross asked why the augmentation plan stated that it would be 5-10 years until the area would be sewered when it should be available within the first year or two. Mr. Wendle responded by saying that the interceptor sewer along the creek would be available the first year but depending upon the lay out of the new homes, it could take that long to get the lines from the interceptor sewer up to Sandy Hollow Road. Mr. Wendle said that from the site of the pumping station up to the intersection of Piketown Road and Sandy Hollow Road would represent approximately 1,500 feet of sewer that the developers would not have to build until it was needed to get houses up to the corner and likewise for the manhole at Hollow Drive. Mr. Wendle clarified that the interceptor would be built but that the collection sewers would basically build their way out.
Mr. Millard said that the homes that were going to be in the development along Sandy Hollow Road were going to be downhill and that the sewer line to serve them was going to be on the downside of that lot. He said that the Authority would not be able to serve any of the homes on Sandy Hollow Road from the development because it was going to be a 150-200 foot line all the way down to those homes. Mr. Wendle said that collection sewers, in any case, would have to be built in front of the houses on Sandy Hollow Road depending upon what happened on the north side. He said if sewers were constructed from the north down through the development, there would be some collection sewer that would not have to be laid but that collection sewer would have to be ultimately laid in front of any of those houses.
Mr. Millard said he didn’t see any reason why the manholes at Hollow Drive and Sandy Hollow Road could not be run right away. Mr. Wendle responded by saying that they wouldn’t be run because no development would occur right away. Mr. Millard said “so what?” Mr. Wendle explained that he didn’t know if the developers who were going to be building that line would put in the infrastructure with no houses. He said the Authority was not intending to do that, but it got the indication from the developers that they would put manholes there ultimately. Mr. Wendle said the first phase of the project would be to build the interceptor along the creek. He said that would be built by the three developers and that S&A Homes would be the first to use it. Mr. Wendle said that it could be some time until the plans were approved and building occurred for the other two developers. Mr. Wendle said he didn’t believe the Authority could request that the developers put in the infrastructure without any homes there to support it.
Mr. Hetterer said it was his understanding that the school would be built within the next two years. He said that line would run down to the main pumping station. He also said that Mr. Yingst guaranteed that if the school ran the line, then he would run the line on Terrann Drive at his expense because he wouldn’t have to put up the money to run the line to Sandy Hollow Road. Mr. Hetterer said he believed that Mr. Yingst was a man of his word. He said that perhaps the residents on Terrann Drive could be sewered sooner.
Mr. Gross said the proposed plan was the soonest the residents on Terrann Drive would be sewered. Mr. Hetterer said that if the school went in, because of Mr. Yingst’s promise, he was going to run the line on Terrann Drive and that it wouldn’t matter if his new housing development was started or not. Mr. Jones said he wouldn’t hold his breath waiting for the new school. Mr. Hetterer he had learned that whatever government wanted, it seemed to get!
Mrs. Carricato asked Mr. Wendle exactly how the wording as far as the financing and the cost to the residents of $9,600 came to be put in the plan. She said she read the plan the day it was dropped off at the Township Office and that she was extremely aware of what was going on.
She said it was her understanding that as far as the engineer was concerned, it was of little significance to Mr. Wendle as to who paid for the project. Mr. Wendle said he didn’t have any particular direction as to what was put in the plan. He said that in order to have a public meeting, one of DEP’s requirements was to talk about the cost of the project and what the potential could be in terms of ways to finance it. Mr. Wendle said he put that information in the report to illustrate what the cost would be to the people if the Authority chose that financial option, which the Authority had indicated it would want to do it that way, so that people would have a chance to comment on it.
Mrs. Carricato said that since Mr. Wendle had mentioned the Authority, it was her understanding that the Authority as an “Authority” never suggested that go into the report and that the Chairman of the Authority had suggested that go into the report. Mr. Wendle said that he wrote the number and that he would stand by the numbers. Mrs. Carricato said that somebody had to direct his firm with the report. Mr. Wendle responded by saying that he wrote the report as a consultant to the Township, as recommended by the Authority. Mr. Wendle said that he wrote the verbiage. Mrs. Carricato asked Mr. Wendle if he did indeed write the verbiage. Mr. Wendle responded in the affirmative. He said the reason it was put in the report was because, as somebody pointed out before, the Sewer Authority was responsible for the fiscal implementation of the plan. He said the verbiage regarding the $9,600 was to show the impact if it was intended that the residents pay for the project by (1) tapping fee, (2) foot front assessment, or (3) by a special rate district and so people could comment on the proposed plan.
Mrs. Carricato said that in several other engineering reports, such as Fox Mill Road, there were four or five alternatives considered to solve the sewer problems. She asked why only one alternative had been considered in Mr. Wendle’s report. Mr. Wendle said the reason only one was considered was because the public sewer would be built all around the area in question. Mr. Wendle said that if he had been looking at serving the area from several miles away, he probably would look at a lot of things. He said he believed that since public sewer would be available so close to the area in question, he didn’t see any reason to explore other alternatives since the SEO had already stated that on-lot systems would not be feasible. Mr. Wendle said the only other alternative would be to service that area with a low-pressure sewer system with every household having a pumping station and that he didn’t believe that was feasible either.
Mrs. Carricato said that when the project originally came up, the major part of the project and the gravity line to run along the creek was based on S&A Homes, the Rustrum project, and then the Yingst project. She said at the time the Yingst project came into the equation, the Velter property, which was now going to be the Yingst development, was zoned FRA and not within the 20-year plan. Mrs. Carricato asked if she was correct on that point. Mr. Wendle stated that all the areas west of Manor Drive were not in the 20-year plan.
Mrs. Carricato said that the Velter tract was not part of the 537 Plan 20-year plan. She said the area was rezoned to R-1 to allow for Mr. Yingst’s development. She went on to say that Mr. Yingst met with the citizens and brought it before the Board. She said the whole idea was to run the gravity line down along the creek and the zoning change was enacted to help the developers to pay for the major part of the line with a new pumping station. She went on to say that as part of that agreement, it was stressed that a large part of the reason for making the zoning change to the Velter track of land was to allow for Mr. Yingst’s development because of the dire need of the residents on Sandy Hollow Road, Hollow Drive, and Terrann Drive for public sewer. Mrs. Carricato said that suddenly there was a controversy about who was going to pay for the line down Terrann Drive and it was decided to make the residents wait 5-10 years. She said it appeared that it didn’t matter that the wells were contaminated and that sewage was running across the road. She said, in addition, it now appeared that the resident would have to “pay through the nose.”
Mrs. Carricato said that once again Mr. Young was not present to address the issues and that he was not held accountable for his actions. She said that it was her understanding that Mr. Young had negotiated much of the dealings that went on with the projects and that he was not present to stand up and let everyone know what he had done and what his part was in the whole thing. Mrs. Carricato reminded the Board that on several occasions they had agreed that the residents on Terrann Drive should not have to pay $9,600. She reminded them that they needed to do the right thing and that they owed it to the citizens and the Township to do the right thing.
Mrs. Zimmerman said that the Board members had received in their packets a correction letter, two letters from people that would not be affected because they would be in the immediate hook-up area, as well as 20 letters, which were exactly the same form letter someone had written and were simply signed by different people. Mr. Jones asked who wrote the two letters that would not be affected. Mrs. Zimmerman responded that Mrs. Hoepfer and her mother had written letters, but went on to say that their property was in the immediate hook-up area.
Mrs. Zimmerman asked Mr. Wendle if it were unusual to take a plan like the augmentation plan and calculate how it would be paid for. Mr. Wendle said that when the original 537 Plan was done, there was a statement made that basically the project was too expensive and it was turned into DEP. DEP said that the Township couldn’t say it was too expensive. Mr. Wendle said the plan was then submitted with the language that basically said what the rates would be under different borrowing scenarios and that every effort would be made to obtain grants and do other things to get the cost as low as possible. Mr. Wendle said the original plan did not specifically say how payment of the project would be handled. Mr. Wendle went on to say that basically the Township would have approximately five years to work with the Authority to either get the plan implemented or changed.
Mrs. Zimmerman asked Mr. Wendle if, in his opinion, he thought that the proposed plan was the closest the residents in that area would get as far as a guarantee of being sewered within the next five years. Mrs. Zimmerman also asked Mr. Wendle if he thought it was a good plan. Mr. Wendle responded saying that he thought it was a good plan. He said that the proposed plan tried to limit the costs to the residents and/or ratepayers because private developers would be paying for a good portion of the infrastructure. Mr. Wendle said if the infrastructure were built, it would be prudent to hook the homes in the area as soon as possible. Mr. Wendle went on to say that if the infrastructure were not there, that waiting five years would not seem unreasonable given the cost that was going to be paid by others who had already made commitments to do the project.
Mr. Millard asked whether or not it would stand if the text were changed to indicate that the Authority would pay for running those lines. Mr. Wendle said he didn’t think so because of how the Township responded to the original 537 Plan. An ordinance was adopted that basically said the Authority would be responsible for the fiscal implementation of all its plans. Mr. Wendle went on to say that there was nothing that would prevent the Board from working with the Authority, possibly by providing Township funds, to work out a way to finance the project.
Mr. Millard said that the Board had a resolution in place that stated that the Board had to approve all of the Authority’s projects. Mr. Millard said he didn’t see why it wouldn’t be valid if the approval of the project specified that the Authority would be financially responsible for running the lines. Mr. Wendle said that Mr. Millard was addressing a legal issue, which he was not qualified to address.
[Mr. Millard read from the 537 Augmentation Plan.] Mr. Millard asked why the Township could not specify in the plans that instead of the residents paying for the project, that the Board expected the Authority to pay for it. Mr. Wendle said that since the original plan stated that the Authority was responsible for fiscal implementation of its own plans, whether or not the Township could now tell the Authority how to fiscally implement another project.
Mr. Millard said that the 537 Augmentation Plan was the Township’s but yet Mr. Wendle stated in the plan that the Authority expected the residents to pay. Mr. Wendle said he put that in the plan because it was his understanding that was what the Authority planned to do and that it was put in there so people could make public comment.
Mr. Jones said it appeared to him to be a legal question. Mr. Yost said that he believed it would be difficult for the Board to demand that the Authority pay for the project when it might not have the funds available to do so. He suggested that the Township might want to adopt a resolution requesting the Authority to find a way to finance the project, but reiterated that he didn’t see how the Board could adopt a motion or a resolution legally mandating the Authority to spend funds that it may or may not have. He said the most the Board could do would be make the suggestion.
Mr. Millard said he was suggesting that the text be changed to read that the Authority would pay for the project. Mr. Millard said he didn’t understand why the Authority could specify that that the residents would pay for the project but the Board of Supervisors couldn’t specify that the Authority pay for the project. Mr. Yost said that if the plan would say that it was anticipated that the Board of Supervisors was going to ask the Authority to pay for it, that could be done; however, if the Board of Supervisors tried to mandate the Authority to pay for it, that could not be done. Mr. Jones suggested that someone make a motion.
Mr. Rimer informed the Board that the plan had to be adopted by resolution. He asked the Board for specifics regarding financial matters that it wanted in the resolution.
Mr. Millard reiterated that something had to be done. He said the people on Terrann Drive were very concerned about the possibility of having to pay $9,600. He went on to say that simply by removing the $9,600 from the plan, it did not guarantee the residents that they would not still be billed for that amount. Mr. Millard asked what could be done.
Mrs. Zimmerman asked Mr. Wendle if the proposed plan was just a plan and that the Board needed to put in a specific amount of what the cost would be. Mr. Wendle responded by saying that in order to have public comment and to have DEP say that people had a chance to look at the proposed plan and see what it was going to cost, that information needed to be in the plan.
Mrs. Zimmerman asked if the financial part of the plan could be taken care of with the Authority after the plan was approved. Mr. Wendle said it was not necessary to prescribe in the plan how it would be financed.
Mr. Millard said that he had a real problem with waiting 5-10 years to connect the residents in the affected due to fact that 70 percent of the wells that were tested had problems. He asked Mr. Wendle what the feasibility would be to have a pumping station put by the little creek that crossed Sandy Hollow Road and whether or not that would be gravity up to Terrann and Sandy Hollow. Mr. Wendle said he was not clear about the location Mr. Millard had suggested. Mr. Gross said that Mr. Millard was talking about putting a pumping station right along Sandy Hollow Road by the little creek bed—out from where S&A originally wanted to come down. Mr. Wendle asked if Mr. Millard was suggesting that a pumping station be put up by Manor Drive. Mr. Millard responded in the affirmative. Mr. Wendle said that would not be gravity to Terrann and Sandy Hollow. Mr. Millard asked why not. Mr. Wendle said that it flowed the other way—that it flowed toward Beaver Creek. Mr. Millard said he knew that it did over on the other side but that he was pretty sure that would flow all the way down.
Mr. Millard also said he would like to see more options and said that one option was not acceptable. He said that when the Board considered the Fox Mill Road project, which was done by HRG, there were nine or ten different scenarios. Mr. Wendle said he understood that but said that project was totally different from the one that was being considered currently. He said the proposed plan included development that was planning to build a line ultimately right past the existing homes. He suggested that the area in question was not an independent island and that the Board did not have to figure out how the area was going to be served because there was going to be development occurring all around them. Mr. Wendle said that in his opinion, the proposed plan was the only way to go. He reiterated that the current project being considered was totally different from the Fox Mill Road project. He went on to say that developers were proposing to build an interceptor, a pumping station, infrastructure to bring it close to Terrann Drive, and, to that end, the Board had to consider how best to serve Terrann Drive. Mr. Wendle suggested that the best way to serve Terrann Drive was to connect them to the interceptor that would be constructed by developers.
Mr. Millard said again that waiting 5-10 years was too long. He said that Mr. Wendle had made the statement at an earlier meeting that all those people had UV systems but that he went out and did a sample and that only 5 of the 28 he sampled had UV systems. Mr. Wendle said that he had not said that all the people had UV systems, but clarified that the people that CET and the Authority talked with that had contaminated wells, knew they were contaminated, and had UV systems.
Mr. Wendle said the fact that it was proposed to take 5-10 years did not mean that it actually would take that long. He said it could happen sooner, but that by giving DEP that time frame, the Board would give itself some flexibility so that the Township would not be forced into connecting those homes sooner. He went on to say that the project would be far more expensive if the Board simply had suggested that public sewer service be provided to the people on Terrann Drive, which was outside the 20-year plan originally. He said it was now included in the revised area, if the plan was adopted. He reiterated that the cost to develop the infrastructure to serve that development would be far more expensive than $336,000 without the development. Mr. Wendle said he might have considered another alternative, such as a small community system, if there was nothing close by to connect the residents to public sewer, but he said that would definitely not be the case. Mr. Wendle said the intent of the plan was not to serve just Terrann Drive, Hollow Drive, and Sandy Hollow Road while ignoring all the development.
Mr. Millard asked if he was then to understand that the intent of the plan was not a public health issue, but that it was an economic issue. Mr. Wendle said that was not correct. He said that before DEP would approve any plan, the Township had to look into what could be done with the existing development. Mr. Wendle said the size of the pumping station, as well as the interceptor, would be constructed so that it could take the existing development. He said the area in question was never even considered for public sewer until developers wanted to build developments. Mr. Wendle said that when the planning module went into DEP for S&A Homes, DEP’s response was that it would not review the module unless the Township considered the other areas—Sandy Hollow Road, Hollow Drive, and Terrann Drive. He said that it was not DEP who came to the Township, without regard for development, and told the Township to figure out a way to serve the areas.
At this point, Richard Yingst came forward to speak. Mr. Yingst said the time frame was in limbo because it was necessary to make sure that the main line could be run and that the Velter tract was approved to go ahead with the project, which he said his engineer was working on currently. He said the other factor affecting the time frame would be whether or not the new school went in. Mr. Yingst said he was approached with the question whether or not he would consider running the line to the end of Sandy Hollow Road. He said he volunteered to do just that. He said it was discussed later that if the school came in and ran the line to the pumping station, whether he would then run Sandy Hollow Road and Hollow Drive instead of the main line, with the hope that the school would go down Terrann Drive. Mr. Yingst said his answer was yes. He went on to say that if the school went in and if the gravity worked, that would solve the probably totally. However, he said either way he was willing to put the line on Sandy Hollow Road and that when the Township decided to run the line on Terrann Drive, no matter where the dollars came from, he would have the connection waiting. Mr. Yingst said the only problem he could foresee would possibly be Hollow Drive because he would have to build to that point and that he didn’t know how many homes would have to be built to get to that point. He said there were two connections there—one had to go down Terrann Drive and the other had to go down Sandy Hollow Road and then another through Hollow Drive. He said he would have to build the development up to Hollow Drive, which would mean the sanitary sewer system. He said the folks in that area could have a wait. He suggested that was why Mr. Wendle had estimated 5-10 years; he said he hoped to see it within the next 2-3 year at worst case. Mr. Yingst reiterated that he was present to tell the Board that whenever it was ready, he would be ready to do whatever—however it blended out.
Mrs. Zimmerman asked if it would be in writing. Mr. Yingst said he would put it in writing.
Mr. Hetterer spoke regarding the December 18, 2000 meeting. He said that he had asked the Board, before the rezoning vote was taken, whether or not the residents on Terrann Drive would have to pay for the sewer lines and whether they would be required to pay a different amount from the folks in Skyline View. Mr. Hetterer said there were Saturday meetings held and that DEP had told the Township to get with the people of Sandy Hollow Road and Terrann Drive to work something out; he said he was under the assumption that it was worked out with the people, the developers, and the Township. He said the Board guaranteed the residents of Terrann Drive that they would not have to pay more than Skyline View. Mr. Hetterer reminded the Board that he had requested its answer prior to the rezoning vote and he said the Board gave him the answer, the vote was made, and the zoning was changed under a guarantee from five supervisors that the residents on Terrann Drive would not have to pay.
Mr. Millard said the solicitor told the Board that it didn’t have control over what the Authority did.
Mr. Hetterer said the Board thought things could be worked out with the Authority, but that if it came down to it, the Township would be responsible for it and that was one of the conditions of the zoning change. He said he expected the Township to hold up to the agreement it made with the people and that the zoning change was made under that agreement. He said if that agreement changed, then the zoning was null and void because the Board guaranteed the residents it would work something out.
Mr. Millard said the residents would pay a $2,000 tapping fee. Mr. Hetterer said they would pay the $2,600 tapping fee and the $30 a month.
Mr. Jones said that he believed everyone sitting on the Board felt that way, but pointed out that Mr. Yost said that it couldn’t be put in writing and that the Board could only make a recommendation.
Mr. Yost said the question posed to him earlier was whether the Board could adopt, as part of the plan, that it was mandating the Water and Sewer Authority to pay for the project. Mr. Yost said he didn’t believe that the Board had the legal ability to do that. However, he pointed out that the Board did have the legal ability to decide who was going to pay for it eventually. He said the Board committed to that some time ago and said that the Board could take over the project and run the whole thing. Mr. Yost pointed out that the Board already made the commitment to the people on Terrann Drive, that the Board could control the project if necessary, and that he didn’t see how the Board could do anything else except that in the resolution it would adopt with respect to the existing plan.
Mr. Hetterer said he had a lot of respect for the Board members and that he thought the Board should be willing to put it in writing that the project would be paid for by the Township or the Authority.
Mr. Gross moved, seconded by Mr. Hoffman, to pass the 537 Plan Augmentation with the corrections as discussed.
Mr. Rimer said he was going to suggest that Mr. Wendle go back and make the changes as discussed and that perhaps a resolution could be drafted for Mr. Yost to look at to determine if the language was clear and then at the next Board meeting the resolution would be adopted.
Mr. Jones moved, seconded by Mr. Millard, to table the 537 Plan Augmentation and have Mr. Yost review the resolution so it was prepared correctly.
Mr. Rimer said he already started to draft the resolution but that he had not been able to complete it for the meeting because the Board had not made a decision on what it would do with the plan. He said now that the Board had given him direction, the resolution could be prepared and put on the agenda for the next Board meeting.
The motion to table the 537 Plan Augmentation was defeated 2-3, with Mr. Hoffman, Mr. Gross, and Mrs. Zimmerman voting nay.
Mr. Yost said his understanding of Mr. Gross’ motion was to approve the 537 Plan Augmentation deleting the wording with respect to the $9,600 to residents and the preparation of a resolution after the language was changed, to be acted upon at the next Board meeting. Mrs. Zimmerman concurred.
Mr. Millard asked Mr. Yost to explain it again. Mr. Yost reiterated that it was his understanding that the motion was to approve the 537 Plan as presented, with the elimination of the language indicating that those residents on Terrann Drive and the other areas were not going to be required to pay the $9,600 and that Mr. Wendle was going to rework that language. Mr. Yost said he would prepare a resolution to formally approve the plan for the next meeting, after reviewing Mr. Wendle’s language. He said the Board might have some other things also depending on how the changes were worded. Mr. Yost said the resolution would take care of anything that the Board was not satisfied with the language changes.
Mr. Millard asked why the Board was approving the plan. Mrs. Zimmerman said the plan was being approved and then the Board would have a resolution.
The motion to approve the 537 Plan Augmentation was approved 3-2, with Mr. Jones and Mr. Millard voting nay.
APPROVAL OF MINUTES
Regular Meeting, March 5, 2001. Mr. Hoffman moved, seconded by Mr. Gross, to approve the March 5, 2001 Minutes. The motion was unanimously approved.
Regular Meeting, March 19, 2001. Mr. Gross moved, seconded by Mr. Hoffman, to approve the March 19, 2001 Minutes. The motion was unanimously approved.
General Fund Balance as of March 29, 2001 $656,206.25
Liquid Fuels Balance as of March 29, 2001 $275,110.81
Deposit on March 2, 2001 $ 6,258.61
Deposit on March 5, 2001 $ 20,134.10
Deposit on March 8, 2001 $ 9,784.14
Deposit on March 9, 2001 $ 16,044.18
Deposit on March 15, 2001 $ 4,211.50
Deposit on March 21, 2001 $ 9,784.00
Deposit on March 23, 2001 $ 12,141.26
Deposit on March 29, 2001 $ 81,367.13
Total Deposits for the month of March $159,724.92
Central Dauphin Income Tax Distribution (automatic deposit) $103,262.41
Less Payroll 03/23/01 Net: $13,827.63 Gross: $ 18,071.86
Less Vouchers to be approved 04/02/01 $ 18,859.72
Total Invoices that could be paid with Liquid Fuels funds $ 0.00
Mr. Jones moved, seconded by Mr.
Gross, to pay the payroll. The motion
was unanimously approved.
Mr. Gross moved, seconded by Mr.
Hoffman, to approve the vouchers. The
motion was unanimously approved.
Mr. Jones asked about the $425 bill from Waste Management. Mr. Harman said the bill represented charges for the dumpster at the Township Garage, which was emptied periodically.
Mrs. Zimmerman asked if Light-Heigel had furnished the Township with an itemized list. Mrs. Martin responded by saying that the bill presented for payment was not itemized.
#00.023 Pilot Oil Corporation – Final Land Development Plan. Mr. Rimer said that the Board members received the final plan in their packets, along with a memorandum from the Planning Commission, Mr. Brulo’s letter of March 30 regarding some of the final issues to be addressed, and a memo from the Township Manager that outlined the status of the agreements. Mr. Rimer added that from a staff perspective, the plan had met most of the requirements. He said Pilot was present to seek action on the plan and that no time extension had been granted to the Township.
Considerable discussion ensued which included the following issues:
§ Mr. Jones voiced his ongoing concern about the materials that were going to be used to construct Jonestown Road. He said that he believed that concrete should be used on the road. Mr. Navitsky, Pilot’s engineer, confirmed that the roadway would be upgraded to a 20-year design. Mr. Brulo said that Pilot had used the most up-to-date specifications from PennDOT regarding a 20-year roadway design.
§ Mr. Gross voiced concern about the fact that one of the lanes appeared to be only two feet from the curb. Mr. Brulo confirmed that was a true fact but that it did not violate any PennDOT requirements.
§
Mr. Millard voiced concern about the condition of the
detention pond on the property. Bill
McCahan, emergency manager for the Township, was present. He said that he had spoken with Mr. Conrad
at DEP, who had confirmed that there were ongoing problems with the Pilot site
and that most of those problems centered on maintenance issues. Mr. Navitsky
responded saying that the proposed project would go a long way to improving the
conditions of the property including the installation of a new oil and water
separate, expansion of the detention pond, and he also pointed out that Pilot
would be required to submit soil samples to DEP and that any contamination
found on the property would have to be mitigated. He also said that part of the project would be to replace the
underground fuel pipes.
§ Mr. Millard asked if there was some type of maintenance schedule for the property. Mr. Jones asked whether or not it was logged whenever the oil and water separator was maintained. Ms. Adkins, the project manager with Pilot Oil, said that records were kept on‑site.
§ Mrs. Zimmerman asked about the sight distance on Jonestown Road. Mr. Brulo said that the project met minimum stopping distance for the driveway coming out on to Jonestown Road. Mr. Brulo said that sight distance for a hanging traffic light still had to be looked at.
§ Mr. Millard noted that the plan showed sight distance for a 25 miles per hour speed limit; however, he said that the speed limit on Jonestown Road was 35 miles per hour. Mr. Brulo responded saying that would have to be verified because that could affect the sight distance.
§ Mr. Gross voiced concern over the fact that there were still 12 contingencies for the plan.
Mr. Gross moved, seconded by Mr. Hoffman, to deny the plan.
Mr. Jones asked Mr. Yost for an opinion as to what would happen if the Board denied the plan. Mr. Yost responded by saying that the Township would have to provide all of the reasons for denial that were set forth in the Township ordinances. He said at the current time he wasn’t sure there were adequate reasons for denial.
Chuck Zaleski, legal counsel for Pilot, said that Pilot went beyond what was required in the Township ordinances in an effort to cooperate with the Township.
Mr. Millard asked Mr. Zaleski if Pilot was willing to grant the Township an extension. Mr. Zaleski said that he was not aware of the speed limit issue on Jonestown Road and agreed to grant the Board a 30-day extension. He said he would do a handwritten letter before the end of the meeting and that he would send the Township Manager a “cleaned up” copy on Tuesday, April 3.
Mrs. Zimmerman asked whether or not the issue of additional landscaping had been addressed. Mr. Navitsky confirmed that an agreement about the additional landscaping had been completed.
Mr. Millard asked when Pilot proposed to begin the project. Mr. Zaleski said the project would begin as soon as the bids were received. Mr. Navitsky said that Pilot hoped to begin construction in May 2001.
Some additional discussion took place between Mr. Yost and Mr. Brulo relative to Mr. Brulo’s memo dated March 30, 2001 and several issues that were raised. Mr. Brulo responded saying that most of the items had been addressed.
Mrs. Zimmerman asked Mr. Brulo if he saw the exit on to Jonestown Road as a safety and welfare issue for the residents. Mr. Brulo said the answer to that was twofold. He said the Board needed to consider the fact that by taking trucks out to Jonestown Road to a signaled intersection, the safety on Route 39 would be improved. He said that needed to be balanced against the fact that currently there were few trucks that mixed with vehicle traffic on Jonestown Road. He said the proposed plan would increase the amount of trucks on Jonestown Road; however, he said the Board needed to balance the inconvenience of the local residents and businesses on Jonestown Road versus the safety improvement on Route 39.
Mr. Zaleski said that Pilot would return to the April 16 meeting and that the time extension would expire on April 17, 2001.
Mr. Gross rescinded his motion to deny and Mr. Hoffman rescinded his second.
Mr. Jones moved, seconded by Mr. Millard, to grant an extension until April 17, 2001. The motion was approved 4-1, with Mr. Gross voting nay.
Sewer Connection Enforcement Activities (Actions). Mr. Yost reported that two people were expected to connect to the sewer in the next month or so.
Proposed Amendments to Chapter 85 – Burning, Open. Mr. Gross moved, seconded by Mrs. Zimmerman, to table the proposed amendments to Chapter 85. The motion was unanimously approved.
Township Public Property Committee Update. Mr. Hoffman reported that Mr. Rimer located the blueprints for the Township building and that they were in the process of being copied. Mr. Jones reported that he would have a list of names to present at the April 16 meeting to serve on the Long-Range Planning Committee.
Swatara Township Sewer Capacity. Mr. Jones said that the Board had been talking about the Swatara capacity for over a year and that he believed it was time to move on it. He said the Township was getting stonewalled by Lower Paxton because they don’t want to see West Hanover take it over since it made $46,000 a year in profit. Mr. Jones said there was an agreement in place and that West Hanover could take it over any time it would like to do that. He said it would just take a motion by the Board to notify Lower Paxton that West Hanover intended to take over the capacity and start billing the residents and using the capacity.
Mr. Millard said that a transmission agreement would have to be in place. In addition, Mr. Jones said two flow meters would have to be installed to monitor it. Mr. Jones said that Lower Paxton currently had transmission agreements with Paxtang Borough, Pennbrook, Susquehanna Township, and the City of Harrisburg. He said that he called Paxtang Borough and was told that they charge $2 per year per EDU to transport the sewage through the lines. Mr. Jones suggested that the Board move forward.
Mrs. Zimmerman asked Mr. Jones if he proposed to have another meeting with the residents of Westford Crossing and Country Manor. Mr. Jones said he had not planned another meeting. He said the Township bought and paid for the capacity and that in fact it would be paid off in 2001. Mr. Jones said the Township had been paying on it for 15 years and that it was about time to start getting some income back. He said the two developments were in West Hanover Township, that the Township had the capacity, but they’re still paying their sewer bills to Lower Paxton. Mr. Jones said he had spoken to everyone concerned and that there was no problem in doing what he proposed.
Mr. Millard said he was looking toward the future and to the new connections that would be made. Mr. Millard added that it would be a good way for the Township to recoup some of its money. He said that the Township should take the total amount invested, approximately $1.2 million, divide it by the number of people that would be connected, and that would be the tapping fee. He said that way the Township would be getting some of its money back as well as the usage fees that would be charged to the customers. He said the usage fees alone, if there were 2000 units sold, would be $480,000 a year.
Mrs. Zimmerman said that Mr. Millard’s memo indicated that he had not researched some of the land contours so that some of the areas might be impractical to serve. She said she would like to see one more meeting with the residents to go over all of the information with them since it had been over one year since the first meeting.
Mrs. Zimmerman asked if Mr. Jones had letters from DEP and Pennvest. Mr. Jones said he turned the letters over to the Township over a year ago, but he said that he had received confirmation from Vicki Johnson at Pennvest and Roger Musselman, Permits Chief for Water Management, that it would not be a problem to sign the notes over to that effect. Further, Mr. Jones said he believed that if the rates were not going to be increased for Country Manor or Westford Crossing, then he saw no reason to have another meeting.
Mrs. Zimmerman asked what new people connecting to the system would pay. Mr. Jones said that was yet to be worked out but that he believed the new tap-ons should pay what other Township residents paid--$30 per month.
Mrs. Zimmerman asked Mr. Rimer for his advice. Mr. Rimer said he was interested to hear what the Board’s feeling was on the project. He said he had not looked at the Second Class Township Code to see what needed to be in place to make it happen. Mr. Jones said he didn’t believe the Second Class Township Code had anything to do with it. He said the agreement was in place between West Hanover and Lower Paxton. [Mr. Jones read from the agreement.] He said it was purely up to the Board if it wanted to take it over. Mr. Rimer said he thought there were some things, such as resolutions and/or financial requirements, that had to be put in place if the Board of Supervisors wanted to get into the sewer business. Mr. Yost confirmed that he and Mr. Rimer needed to check some things out.
Mr. Jones said he believed that West Hanover could use the $46,000 more than Lower Paxton and that West Hanover had been paying for too many years.
Mrs. Zimmerman asked Mr. Rimer if he would suggest that the Board table the issue. Mr. Rimer said that if the Board was interested in pursuing the matter, he believed there were some serious structural things that needed to be in place and that there might be financial requirements under the Code.
Mr. Jones said it was in black and white. He said that West Hanover simply had to advise Lower Paxton that it was taking over the capacity.
Mr. Hoffman said he thought the Township should try to recover some of the money that Lower Paxton owed. Mr. Jones said that he learned that Lower Paxton had almost twice as many EDUs as it could use and that it wasn’t even using West Hanover’s capacity.
Mr. Gross moved, seconded by Mr. Hoffman, to table the matter. The motion was approved 3-2, with Mr. Jones and Mr. Millard voting nay.
Article 17 – Open Space Residential and Nonresidential. This item was tabled until the April 16, 2001 meeting.
Authorize Hiring of Township Staff – Secretary/Treasurer and Building Inspector. Mrs. Zimmerman announced that an executive session was held at 6 p.m.
Mr. Jones moved, seconded by Mr. Millard, to hire a building inspector. The motion was unanimously approved.
Fred Geesaman of Piketown Road, a contractor, asked the Board to consider simplifying the process for obtaining permits and also obtaining inspections. Several of the Board members agreed with Mr. Geesaman and said it could be discussed in the future.
Approve AT&T Concrete Pad and Equipment Cabinet Detailed Proposal on Township Property. Mr. Rimer said that the proposed location for the equipment was staked out on the Township’s property. After a brief discussion followed. Mr. Millard said he did not feel that the compensation offered was sufficient to grant a right-of-way on the property.
Mr. Jones moved, seconded by Mr. Hoffman, to deny the installation of a concrete pad by AT&T. The motion was approved 3-2, with Mr. Gross and Mrs. Zimmerman voting nay.
Mr. Rimer said the Board members could disregard #7 on the list, which was a letter to the Tim Shatto, the fire marshal. He said the letter did not go out.
Mr. Rimer thanked Mrs. Shields for attending the meeting with Senator Rick Santorum’s staff. Mr. Rimer said he and Mrs. Shields discussed some of their concerns. He said one of the main items he discussed was the Exit 27 project and that the Senator’s staff offered some suggestions for financing the project. Mr. Rimer said Mrs. Shields discussed some personal issues as well as some issues on the retired community.
Mrs. Zimmerman asked if the BVM Group responded to Mr. Rimer’s letter. Mr. Rimer said that Mr. Zaver, the owner, had contacted him to let him know that someone had been contracted to clean up the area, including the Township’s property at BVM’s expense as Mr. Zaver said that he felt the trash was an eyesore and also that he felt some responsibility for it being there.
Mrs. Zimmerman asked if Mr. Rimer had received a response from Comcast. Mr. Rimer said that he had not but that Mr. Harman had received a complaint about its workers as well as some road damage that had occurred. Mr. Rimer said he planned to call Mr. Lynch directly.
Mrs. Zimmerman asked about the letter to Pilot Oil regarding tire removal. Mr. Rimer said the letter was sent late the preceding week and that often when Pilot had been notified by problems, it simply took care of the problems without advising the Township that it had been completed. He said he would follow up.
Mrs. Zimmerman asked Mr. Rimer if he had written a letter to the owners of the vacant lot at Piketown Road and Linglestown Road where tractor-trailers had been parked several months earlier. Mrs. Zimmerman said she had asked Mr. Rimer to write a letter several weeks ago asking the owners to recycle the tires that were left on the property. Mr. Rimer said he had not written the letter but would do so.
A brief discussion was held regarding the notification for the Annual Municipal/Legislators Reception scheduled for April 30 from 5:30-7:30 p.m. It was agreed that it was unclear as to what the cost was and whether only one or more of the members could attend with a complimentary ticket. Mr. Rimer said that he would obtain some additional information and report back at the next meeting.
Mrs. Zimmerman said a memo was received from Mrs. Buskirk advising the Board that she felt the Growing Smarter Workshop had been very informative. Mrs. Zimmerman said that it was good to know that the Township’s money had been well spent and that Mrs. Buskirk had been well educated on the issue.
A brief discussion was held among the Board members as to whether or not the Township should pursue having a “green assessment” where the Township’s land use ordinances would be assessed for their ability to encourage “greener growth.”
It was agreed by consensus that Mr. Rimer should obtain some additional information and report back to the Board on April 16.
Solicitor. Mr. Yost said he had no further report.
Engineer. Mr. Brulo said the Board had his written report.
Roadmaster. Mr. Harman was not present.
Codes and Zoning Administrator. Position vacant.
Park and Recreation Coordinator. Ms. Fesig informed the Board that a park inspection had been completed on March 24. The Park and Rec Board visited all six parks and prepared a list of future projects. Ms. Fesig said she would provide that list to the Board for the April 16 meeting. She also said that a meeting of the Festival Committee would be held on Thursday, April 5, at 6:30 p.m. Ms. Fesig said the festival was scheduled to be held on July 7.
Manager. Mr. Rimer said he would send a copy of the Township’s audit to the Board members prior to the next meeting. He also reminded the Board that the Open House would be held on April 28, 2001.
PUBLIC COMMENT
There was no public comment.
Earl Hoffman. Mr. Hoffman had no comment.
Ken Gross. Mr. Gross had no comment.
Bob Jones. Mr. Jones had no comment.
Steve Millard. Mr. Millard sited the Pilot Oil plan as one that the Board might have denied and voiced some concerns that the Board was not provided with the conditions under which the plan might have been denied.
Gloria Zimmerman. Mrs. Zimmerman asked Mr. Rimer whether he had checked into the situation regarding the stop sign that was down at the driveway to McDonald’s. Mr. Rimer said he had Mr. Harman contact PennDOT, and PennDOT told Mr. Harman that it was McDonald’s responsibility to put the stop sign back in place. Mr. Rimer said that Mr. Harman had been attempting to reach the manager. It was suggested that Mr. Rimer notify McDonald’s in writing.
Mrs. Zimmerman asked Mr. Rimer to send a letter to CR’s advising them that trucks continue to use the driveway that was clearly marked that trucks were not to use it as an exit. Mr. Rimer said he would do so.
Mrs. Zimmerman said that Open House was scheduled for April 28, 10 a.m. to noon. She also reminded the Board members that the dinner meeting with the Central Dauphin School Board would be held at the school’s administration building on Thursday, April 5, at 6 p.m.
Mr. Jones moved, seconded by Mrs. Zimmerman, to adjourn the meeting. The motion was unanimously approved. The meeting was adjourned at 9:45 p.m.
Gail A. Martin
Secretary/Treasurer