WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS
7171 ALLENTOWN BOULEVARD, HARRISBURG, PA 17112
MONDAY, APRIL 16, 2001, 7 P.M.
REGULAR MEETING
Chairman Zimmerman called the regular meeting of April 16, 2001 to order at 7 p.m., followed by the invocation and the Pledge of Allegiance.
Mrs. Zimmerman announced that an executive session was held at 6 p.m. to discuss personnel matters.
Gloria J. Zimmerman, Chairman
Kenneth W. Gross, Vice Chairman
Earl B. Hoffman, Sr., Assistant Secretary/Treasurer
Robert R. Jones, Supervisor
Stephen L. Millard, Supervisor
Mike Heisey. Mr. Heisey said he lived in the Piketown area of the Township. He inquired about the status of hiring a codes enforcement officer. He said he had applied for the position within a week of Ms. Hardman’s resignation and had yet to hear anything regarding the position other than that the Township had received his resume. There was a brief discussion as to whether Mr. Heisey had applied for the codes enforcement position or the building inspector position. Mr. Rimer said it was his recollection that Mr. Heisey had applied for the building inspector position. Mr. Rimer went on to say that a candidate had been hired and would begin work on May 3. Mrs. Zimmerman said she was not aware that Mr. Hesiey had applied for the position.
Mr. Heisey raised the question as to why he was not even interviewed for the position. A brief exchange ensued between Mr. Heisey and Mr. Rimer. Mr. Yost suggested that the discussion not continue in a public forum. He said that even though Mr. Heisey was not an employee of the Township, the discussion dealt with personnel issues. Mrs. Zimmerman indicated to Mr. Heisey that he would be hearing from the Board.
Earl Hoffman. Mr. Hoffman had no comments.
Ken Gross. Mr. Gross had no comments.
Bob Jones. Mr. Jones asked whether or not Waste Management had been contacted regarding the road damage at Manor and Florence Drives. Mr. Rimer responded saying that he had been in contact with Waste Management and that he had prepared a letter to the Public Relations Department. Mr. Jones said that something should be done soon or the road would be destroyed.
Mr. Jones said he believed that, even though it was not required, the Board of Supervisors should conduct an annual road inspection. He said no road inspection was conducted since 1999.
Steve Millard. Mr. Millard said he also supported an annual road inspection.
Gloria Zimmerman. Mrs. Zimmerman congratulated Mr. Hoffman and his company for being selected for the President’s Award.
Mrs. Zimmerman asked who had replaced the stop sign at McDonald’s. Mr. Rimer said that Wilco had replaced the sign.
Mrs. Zimmerman asked whether Mr. Rimer had forwarded a letter, as she had requested at the previous meeting, to CR’s regarding trucks using the incorrect exit from the property. Mr. Rimer said he had not prepared the letter, but that he would do so shortly.
No public hearings/meetings were scheduled.
Presentation of Township Audit Report by Lisa A. Ritter of Boles, Grove, and Metzger, P.C., Township Auditor. Mr. Rimer referred the Board to the audit report that was included with the packets. Ms. Ritter reviewed the Management Letter with the Board. Mr. Rimer said that the audit would be advertised in the newspaper as set forth in the Second Class Township Code.
Jim Zeiters, Route 39 Corridor Study Project Update. Mr. Zeiters said the Study Committee met in the beginning of April and that, in accordance with the Bylaws that were established when four or more municipalities had signed a resolution, the committee could be organized. He said that all of the municipalities involved, except Derry Township, had adopted a resolution. Mr. Zeiters said that officers were elected, and that he was elected Chairman, Dan Collins from South Hanover was elected Vice Chairman, and Ron Nissley from East Hanover was elected Secretary/Treasurer.
Mr. Zeiters went on to say that the Committee was in the process of preparing a Request for Proposal (RFP). He said the Committee had also applied to PennDOT for special study funds, in addition to working on other sources of funding. He said that once the RFP was prepared, the Committee would like to have input from the municipalities’ engineers to be sure that everything was in proper order. He said the Committee would be requesting the municipalities to provide up to eight hours of engineering time. Mr. Zeiters said he had spoken to Al Brulo and that HRG also represented Susquehanna Township. Mr. Brulo had advised Mr. Zeiters that HRG could represent both municipalities, which would be a saving for West Hanover and Susquehanna. Mr. Zeiters said that once the review process was completed, the RFP would go out and that by early summer a consultant should be chosen. He said it would then take approximately 1 year to 1-1/2 years to complete the study at a cost of $100,000-$150,000.
Mr. Jones asked Mr. Zeiters which municipalities were participating on the Committee. Mr. Zeiters responded by saying that Susquehanna, Lower Paxton, and the three Hanovers (East, South, and West) were participating and that the Committee felt that Derry should also participate as it was the catalyst for a lot of the activity taking place on Routes 743 and 39. He
Regular Meeting, April 2, 2001. Mr. Jones said there was a change at the top of page 16 saying that the motion should read as follows: “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.”
Mr. Gross moved, seconded by Mr. Hoffman, to approve the Minutes as amended. The motion was unanimously approved.
General Fund Balance as of April 10, 2001 $750,261.66
Liquid Fuels Balance as of April 10, 2001 $445,949.71
Deposit on April 3, 2001 $ 4,759.80
Deposit on April 6, 2001 $ 6,621.86
Deposit to Liquid Fuels Tax Account April 2, 2001 $155,419.38
Deposit to the Liquid Fuels Tax Account April 2, 2001 (Turnback) $ 14,450.00
Less Payroll 4/6/01 Net: $11,034.06 $ 14,791.94
Less Vouchers to be approved 4/6/01 $ 38,879.61
Total Invoices that could be paid with Liquid Fuels money $ 0.00
Mr. Jones moved, seconded by Mr. Hoffman, to pay the payroll. The motion was unanimously approved.
Mr. Hoffman moved, seconded by Mr.
Gross, to approve payment of the vouchers.
The motion was unanimously approved.
Mrs. Zimmerman raised a question about the bill from Rettew Associates in the amount of $3,212.91. Mr. Rimer said that he had requested an itemized bill and would provide it to the Board upon receipt.
PLANNING COMMISSION REPORTS AND PLANS
#00.023 Pilot Oil Corporation – Final Land Development Plan (Extension Deadline 4/17/01). Cathy Adkins of Pilot Corporation addressed the Board and referred them to her memorandum dated April 10, 2001 regarding some of the concerns that had been raised at earlier meetings. Ms. Adkins had several people address the Board, specifically Bob Landino of BL Company, Jason McCain of Pilot Corporation, and Bill Mulligan of Pilot Corporation.
Mr. Landino stated that he was President of BL Company. He said that there had been a typographical error made on the plan stating that the speed limit on Jonestown Road was 25 miles per hour when it in fact it was 35 miles per hour. He said the site distance for the proposed driveway fell well within the range required.
Jason McCain stated that he was an environmentalist with Pilot Corporation. He said he had given a report to Mr. Rimer outlining two fuel spills that had occurred at the Pilot Oil site in West Hanover Township. He stated that currently Pilot had satisfied all of DEP’s requirements regarding the spills. Mr. McCain also that state-of-the-art equipment would be used to upgrade the Pilot facility.
Bill Mulligan stated that he was the Director of Development for Pilot Corporation through the United States. Mr. Mulligan stated that upgrading the Pilot property would be an asset to West Hanover Township and would make Route 39 safer by routing the truck traffic to a signaled intersection. He offered to give the Township his direct number at Pilot Oil to report any problems or complaints regarding the site.
Chuck Zaleski, the local attorney for Pilot Corporation, said that he had been in touch with the Township Solicitor and that the agreements were in the final stages of approval. He asked the Board to take action on the plan.
Mr. Jones asked Mr. Brulo if he was satisfied with the design for the road. Mr. Brulo stated that BL Company had designed a 20-year road surface and that a geotextile material would be put down the road before surfacing, which should make the roadway more sturdy.
Mr. Millard moved, seconded by Mr. Jones, for the Pilot Oil Corporation final land development plan #00.023 F/LD to have the Board of Supervisors waive the West Hanover Township Subdivision and Land Development Ordinance for preliminary plan requirements, providing driveway profile, curbing, anti-seep collar on the stormwater embankment, sidewalk spacing along Jonestown Road, and direct the Planning Commission memorandum be incorporated into and made part of this motion. A roll call vote was taken. The motion failed 2‑3, with Mrs. Zimmerman, Mr. Gross, and Mr. Hoffman voting nay.
[After a brief discussion, the Board of Supervisors went into executive session at 7:50 p.m. and reconvened at 8 p.m.]
Mr. Hoffman moved, seconded by Mr. Gross, to reconsider the earlier motion. The motion was unanimously approved.
Mr. Millard moved, seconded by Mr.
Jones, for the Pilot Oil Corporation final land development plan #00.023 F/LD
to have the Board of Supervisors waive the West Hanover Township Subdivision
and Land Development Ordinance for preliminary plan requirements, providing
driveway profile, curbing, anti-seep collar on the stormwater embankment,
sidewalk spacing along Jonestown Road, and direct the Planning Commission
memorandum be incorporated into and made part of this motion. The motion was approved 3-2, with
Mrs. Zimmerman and Mr. Gross voting nay.
Mr. Millard moved, seconded by Mr.
Jones, to approve the Pilot Oil Corporation final land development plan #00.023
F/LD, 7961 Linglestown Road, tax parcel #68-024-039, 040, and 150 contingent
upon verification of survey monuments and markers by the Township Engineer,
approval of the sewage exemption module by the Department of Environmental
Protection, submission and approval of an agreement as per the Zoning Hearing
Board variance to provide sidewalks along Linglestown Road when requested by
the Township, submission and approval of required financial securities for
on-site improvements, submission and approval of a security agreement,
submission and approval of an off-site improvement agreement and financial
security, and corrections recommended by the Township Staff, Township Engineer,
and Dauphin County Planning Commission are incorporated into the plan and
reviewed by staff. The motion was
approved 3-2, with Mrs. Zimmerman and Mr. Gross voting nay.
#00.011 Manada Marketplace, Robert J. Fried, 260 Hershey Road – Final Land Development Plan (Extension Deadline 6/14/01). Mr. Rimer said that Mr. Fried’s plan was completed and was ready for Board action.
Mr. Gross moved, seconded by Mr.
Hoffman, for the Manada Marketplace final land development plan #00.011 of
Robert J. Fried to have the Board of Supervisors waive the West Hanover
Township Subdivision and Land Development Ordinance for preliminary plan
requirements, original property description map scale, subdivision plan scale,
and contours at 2‑foot intervals, and direct the Planning Commission
memorandum be incorporated into and made part of this motion. The motion was approved 4-0, with Mr. Jones
abstaining.
Mr. Gross moved, seconded by Mr. Hoffman, to approve the Manada Marketplace final land development plan #00.011 of Robert J. Fried, tax parcel #68-024-072 contingent upon submission of financial security for on-site improvements, submission of financial security agreement for off-site improvements, landscape plan shall be sealed by a landscape architect licensed by the Commonwealth of Pennsylvania, payment of outstanding engineering fees, and corrections recommended by Township Staff, Township Engineer, and Dauphin County Planning Commission are incorporated into the plan and reviewed by staff. The motion was approved 4-0, with Mr. Jones abstaining.
Sewer Connection Enforcement Activities (Actions). Mr. Yost reported that one property was supposed to have been connected to sewer on April 12, but he said that he was unable to reach the contractor to verify the connection. He said he would have a full report for the Board on May 7.
Proposed Amendments to Chapter 85 – Burning, Open. Mr. Yost said that all of the comments had been incorporated into the document and that it was ready for Board action.
Mr. Millard moved, seconded by Mr. Jones, to advertisement enactment of the proposed amendments to Chapter 85 – Burning, Open. The motion was unanimously approved.
Township Public Property Committee Update. Mr. Hoffman said there was nothing new to report. Mr. Jones said there was nothing new to report, although he was continuing to work on organizing the Long-Range Planning Committee.
Swatara Township Sewer Capacity. Mr. Rimer said that the Board had some official responsibilities before it could get into the sewer business. He referred the Board to the memorandum he had included with the packet.
Mr. Jones said he didn’t see a problem with going it and Mr. Millard agreed saying that the Township had been paying on the capacity for 15 years and using it had never been addressed. Mr. Millard said he believed it was worthwhile doing it.
Following a brief discussion, by consensus, it was agreed to hold a workshop on Monday, May 14, to discuss the Swatara Township capacity.
Article 17-Open Space Residential and Non-residential. Mr. Rimer said the amendments to Article 17 of the Zoning Ordinance had been duly advertised for adoption and that it was ready for Board action. Mr. Rimer said the main purpose of the amendments was to clarify the section on open space preservation and clean up some staff issues.
Mr. Jones moved, seconded by Mr. Millard, to adopt Ordinance 2001-2. The motion was unanimously approved.
Amendment to Code of Ordinances – Article 1, Section 158-9 – Maintenance of On-Lot Septic Systems. Mr. Rimer said the Notice of Enactment was properly advertised on April 2 and April 9, 2001. He said it was ready for Board action.
Mr. Jones moved, seconded by Mr. Millard, to adopt Ordinance 2001-4. The motion was approved 4-1, with Mr. Hoffman voting nay.
NEW BUSINESS
Resolution 2001-30 Act 537 Plan Augmentation (Sandy Hollow Road/Piketown Road Service Area). Mr. Millard said he did not receive the corrected plan until he arrived at the meeting on April 16. Mrs. Zimmerman responded saying that she hand delivered the plans to the Township building on Friday, April 13, and personally placed a copy with each Board packet, except Mr. Hoffman’s because he had already picked his up. She said she placed Mr. Rimer’s copy on the table because he was not in the office.
Mr. Rimer said that the resolution incorporated the language that Jeff Wendle from CET had provided. Mr. Rimer went on to say that it was modeled after the previous resolution from 1992 when the original plan was adopted. He said a copy had been provided to the solicitor for review. Mr. Rimer also said that the resolution before the Board clarified what occurred at the April 2 meeting and that it replaced the resolution that was in the original draft plan.
Mrs. Zimmerman asked if the wording had been removed as requested by the Board. Mr. Rimer said that it had.
Mr. Jones said he was under the impression that the Board had requested something to be put into the resolution that recommended to the Water and Sewer Authority that a fee of $2,600 would be charged to the residents in the affected area. Mr. Millard said he was under the same impression. Mr. Gross said the Water and Sewer Authority could only charged at that time what the tap-on fee was since the $9,600 had been removed from the 537 Plan Augmentation.
Mr. Yost said that the 537 Plan Augmentation did not control what was going to be charged at the time the people in the affected area would connect. He said that was an issue that the Board would have to deal with. Mr. Yost went on to say that it was his understanding that once the language changes were made, the Board would clean it up in the resolution. He said he was satisfied with the language changes and that the resolution Mr. Rimer had drafted was fine. Mr. Yost also said that he thought that sometime in the future it would be appropriate for the Board to adopt a resolution of its own that requested the Authority to establish the rates in accordance with what the Board had discussed on several occasions with the residents. He said he did not believe that had to be part of the plan.
Mr. Gross moved, seconded by Mr. Hoffman, to adopt Resolution 2001-30. The motion was approved 3-2, with Mr. Jones and Mr. Millard voting nay.
Mrs. Zimmerman said the plan would be sent to DEP, who then had 120 days in which to review it.
Authorize Application for Public Fire Hydrants in Brynfield Estates. Mr. Rimer said he was requesting the Board approve completion of the application as installation of fire hydrants would trigger an expenditure from the Township Fire Hydrant Fund and also trigger a fire hydrant tax for all properties within 780 feet of the hydrant beginning January 1, 2002.
Mr. Millard raised a concern regarding #5 of the application. He asked whether or not that paragraph indicated that if the water company lost pressure and a house burned down and the owner sued the water company if the Township would also be sued. Mr. Yost responded saying that to the extent the water company was sued, the Township would have to defend it to protect itself. Mr. Yost went on to say that he assumed that language was in each application. He also said that typically a water company was not responsible for the inability to provide adequate pressure in the event of a fire.
Mr. Millard said he didn’t understand why the Township would be responsible. Mrs. Zimmerman said the Township would be responsible because it authorized the water company to install the hydrant.
Mr. Yost suggested that the Board might want to table the matter to determine if that paragraph was at all negotiable. He said the other option would be not to provide fire protection services to the residents in Brynfield.
Mr. Jones asked about the cost of a fire hydrant. Mr. Rimer said he was unsure but believed that the fee was approximately $1,200 a year.
Mr. Gross moved, seconded by Mr. Hoffman, to authorize the application for public fire hydrants in Brynfield Estates. The motion was unanimously approved.
Authorize Implementation of the Act 537 Plan – Fox Mill Road Sewer Service Area. Mr. Rimer suggested that the Board might want to consider having a workshop to decide how to proceed with the implementation of the Act 537 Plan for the Fox Mill Road area. Following a brief discussion, it was agreed by consensus to add this item to the May 14 workshop agenda.
Authorize Purchase of PC for Building Code Administrator Office. Mr. Rimer said he would be prepared to discuss this item at the May 7 meeting.
Authorize Purchase of New Basketball Nets for Lenker Park Multi-Purpose Court Upgrade Project. Mr. Rimer said this expenditure was part of the Park and Recreation budget. There was a brief discussion as to exactly which court would be upgraded.
Mr. Jones moved, seconded by Mr. Gross, to table the matter until further clarification was received as to which court which involved.
Mr. Rimer went on to say that he had hoped to pass this item because the basketball program was scheduled to begin in July and that it would take some time to receive the equipment after it was ordered. He tried to clarify for the Board’s satisfaction as to which court in Lenker Park was being upgraded. Mr. Jones and Mr. Gross agreed to rescind their motion and second respectively.
Mr. Gross moved, seconded by Mr. Millard, to authorize the purchase of new basketball nets for Lenker Park multi-purpose court. The motion was approved 4-1, with Mr. Jones voting nay.
Resolution 2001-31 Update Zoning Permit Fees. Mr. Rimer said the resolution updated the zoning permit fees, which had not been adjusted since the early ‘90s.
Mr. Gross moved, seconded by Mr. Millard, to adopt Resolution 2001-31. The motion was unanimously approved.
Authorize Budget for Township Open House on April 28, 2001. Mr. Rimer said the Board had approved up to a $200 expenditure in the 2001 for the Open House.
Mr. Gross moved, seconded by Mr. Hoffman, to authorize staff to get refreshments for the Open House not to exceed $200. The motion was unanimously approved.
Authorize Sale of Township Property. Mr. Rimer said one bid had been received for the three pieces of equipment that had been advertised for sale.
Mr. Gross moved, seconded by Mr. Hoffman, to accept the bid of $298. The motion was unanimously approved.
Mr. Rimer called the Board’s attention to #3 on the Correspondence list from Keith Hite, Executive Director of PSATS regarding ending the contract with One Source Energy Partnership for reduction of electric bills. He said the Township’s service would be returned to PP&L and that the Township was prohibited from changing suppliers for one year. Mr. Jones said he believed the Township should write a letter to the Governor stating that the electric program was a disaster.
Mrs. Zimmerman thanked Mr. McCahan for preparing a list of commercial fuel tanks in the Township and their owners, location, tank registration numbers, tank capacity, and product distribution information. Mrs. Zimmerman said he would like to have that information remain on file in the Township Office and be updated as necessary.
Mr. Rimer called the Board’s attention to #2 regarding the market value assessment of the property owned by the Township on Jonestown Road. Mr. Yost asked whether or not the Board had appealed for tax exemption. Mrs. Martin responded that the Township had appealed the matter in 1997 and had been turned down. Mr. Yost said he would like to appeal it again. By consensus, the Board agreed to have him prepare the necessary paperwork.
Mrs. Zimmerman asked about the Municipal Officials and Legislators Reception. She said that the date was changed to Thursday, May 10, 2001 from 5:30-7:30 p.m.
Mr. Gross moved, seconded by Mr. Jones,
to accept the resignation of David Wickenheiser as Assistant Roadmaster. The motion was unanimously approved.
Mr. Gross moved, seconded by Mr. Jones,
to appoint Dale Zimmerman as Assistant Roadmaster. The motion was approved 4-0, with Mrs. Zimmerman abstaining.
Solicitor. Mr. Yost said he had no further report.
Engineer. Mr. Brulo said the Board had his written report.
Roadmaster. Mr. Harman said the street sweeping project was just about completed. He said he had talked with the dispatcher at Waste Management about the road damage at Manor and Florence Drives. He said he was prepared to fix the road and send Waste Management the bill. Mr. Harman did say the dispatcher had told him the drivers would be asked to establish a different route, which would not require them to make a left-hand turn from Manor on to Florence. He went on to say that he had hoped to begin the drainage projects but that the weather had not been cooperating.
Mrs. Zimmerman asked Mr. Harman about the stop sign at the Wilco/McDonald’s. Mr. Harman responded saying that he had called the manager at Wilco and asked that the stop sign be replaced. He told the manager that if it were not replaced, then the Township would come in and replace it and charge them accordingly. He said the sign had been put back up.
Mr. Rimer called the Board’s attention to Mr. Harman’s orange shirt. He said the safety shirts would be worn by the Public Works employees during the summer.
Mr. Jones asked about the status of the road repairs. Mr. Brulo said he was completing the design specs and that they should be out for bid within the next month. He said he expected to have the results back by early July.
There was some discussion about coordinating the paving with Mr. Roberts for the section of Althea where he built the new homes. After a brief discussion, it was agreed that Mr. Rimer should write Mr. Roberts a letter asking him to come up with an overlay cost for that section of Althea Drive, make a contribution for the road, and then have the Township coordinate the paving.
Mr. Harman said he was working on the road list for 2002.
Codes and Zoning Administrator. The position is vacant.
Park and Recreation Coordinator. Ms. Fesig said she had no report.
Manager. Mr. Rimer said that EC&S was out again to service the HVAC system for the Township building. He said there was a problem with the large air conditioning unit. He said it was 17 years old and most likely would need to be replaced in 2001.
Mr. Rimer called the Board’s attention to the draft RFP to update the Township Comprehensive Plan. He said the Planning Commission and the EAC were currently reviewing it and providing comments. He asked the Board to let him know if there were any comments or corrections. He said that once the review was complete, he would be in a position to solicit proposals.
Mr. Rimer said he had received approximately four calls for the Codes and Zoning position.
Mr. Rimer said he had advised all of the candidates for supervisor that he would be available to them in the event there was any questions. He said he understood there were to be some debates. Mr. Rimer also said he had not been involved in any political frays. Mrs. Zimmerman said she believed that most, if not all, of the information any candidate might seek was public information and didn’t see a need for Mr. Rimer to make himself available.
No public comment was offered.
Earl Hoffman. Mr. Hoffman had no comments.
Ken Gross. Mr. Gross had no comments.
Bob Jones. Mr. Jones said that the Board had met with five members of the Central Dauphin School Board on April 5. He said the School Board was proceeding with eminent domain to obtain the Watson farm. He also said it was his understanding that the Board would be coming to the Planning Commission on April 19 with a sketch plan. He said he advised the School Board members that they would have to discuss off-site improvements with the supervisors and that he also suggested that they consider reconfiguration of the Route 39 and Piketown Road intersection. He went on to say that the School Board had indicated it hoped to have everything in place by October 2001. Mr. Jones said it was his understanding that the School District would have to apply for a zoning change or zoning variance and that the owner of the property would have to be a party to that. Mr. Jones said that the Township also could agree to change the zoning to allow a school in that area. He said that the CD football games would continue to be held at Landis Field.
Steve Millard. Mr. Millard had no comments.
Gloria Zimmerman. Mrs. Zimmerman referred to a memorandum from Carol Buskirk regarding the Growing Greener Program. Mrs. Zimmerman asked Mr. Rimer to prepare a report for the next meeting outlining the costs to the Township to conduct a survey for the Growing Greener Program. She said the Board had discussed it at the April 2 meeting.
Mr. Jones moved, seconded by Mr. Gross, to adjourn. The motion was unanimously approved. The meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Gail A. Martin
Township Secretary