WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS

7171 ALLENTOWN BOULEVARD, HARRISBURG, PA 17112

MONDAY, JULY 1, 2002

CALL TO ORDER

Chairman Jones called the July 1, 2002, regular meeting of the West Hanover Township Board of Supervisors to order at 7 PM. Mr. Hoffman delivered an invocation, followed by the Pledge of Allegiance.

ROLL CALL

Robert Jones, Chairman Earl Hoffman

Robert Ziltz, Vice Chairman Gloria Zimmerman

Steve Millard, Secretary/Treasurer

PUBLIC COMMENT – (Agenda Items Only)

Mrs. Zimmerman requested that residents who do not wish to stay for the second public comment session be allowed to present any item at this time. Chairman Jones had no objections. There was no public comment.

PUBLIC HEARING/MEETINGS

Jonestown Road Abandonment (July 15, 2002): This public hearing has been advertised.

PRESENTATIONS/STAFF REPORTS

Scott Tocterman – Delta Development – Status of Exit 77 Lobbying Efforts. Mr. Tocterman, joined by colleague and township resident Lou Roth, reported the hearings have been held in both the House and Senate on the transportation bill. The draft bills will take final shape in August with passage slated for September, with the Exit 77 project strongly positioned. The Transportation Equity Act, which includes the improvements to Route 39, may be started this fall with a likely vote in the spring of 2003. The township has met with PennDot regarding form 4232 that establishes a date of eligibility for the federal/nonfederal contribution match. Federal funds account for 80% of the project with local funds making up 20%. PennDot has agreed to match the local share of 10% with state funds to make up the remaining 10%. HRG has delayed some billing in order to qualify for match eligibility. Mr. Tocterman will be reporting back again in August and much more frequently as the vote draws near.

Jim Cieri – Act 1 Engineering – Status of Temporary Construction Easements – Clover Lane. Mr. Cieri presented a status report that all the easements have been obtained except for 3 property owners. There has been no response from one property owner, Mr. Charles Cerone. Mr. Robert Arehart has 2 properties and is in negotiation with the developer. Mr. Kevin Topp is also nearing completion in his negotiations. The Board agreed to allow Mr. Cieri the balance of the week to complete his negotiations and report back to the Board at their workshop meeting on Monday, July 8, 2002. At that time the Board will take final action in order to move the project forward to meet the project completion deadline this fall.

Tom Stang – Waste Management: Mr. Stang is unable to make his presentation at this time. He would like to be included on the agenda for the July 15, 2002, meeting.

APPROVAL OF MINUTES

Regular meeting – June 17, 2002: There were two corrections made to the minutes. The letter to be sent to the County Commissioners should be sent “under” the Chairman’s name. The motion for Resolution 2002-35 was carried by a vote of three to two. Mr. Millard moved, seconded by Mr. Hoffman, to approve the minutes of the regular meeting of the Board of Supervisors of June 17, 2002, with noted corrections. Motion passed unanimously

TREASURER’S REPORT

Mr. Millard read the Treasurers report:

General Fund Balance as of June 17, 2002 $860,639.66

Liquid Fuels Balance as of June 17, 2002 $550,292.97

General Fund Balance as of June 28, 2002 $926,284.39

Liquid Fuels Balance as of June 28, 2002 $550,292.97

Payroll 06/28/02 Net: $19,541.79 Gross payroll expense: $26,711.19

Mr. Hoffman moved, seconded by Mr. Ziltz, to approve the payroll of June 28, 2002. Motion passed unanimously.

Vouchers to be approved 6/17/02 $52,617.46

Payments made to meet due dates $582.23

Mr. Jones questioned the size of the UGI gas bill that was paid in order to meet the due date. He requested UGI be contacted to determine the reason for the size of the bill. Mr. Millard made one addition to the voucher list: PPL bill, $1,977.58, for streetlights. This bill is extremely high due to 4 streetlights not being billed for the past 16 months. Mrs. Zimmerman requested both the alphabetical invoice list and the list by codes be put in the packets.

Mr. Hoffman moved, seconded by Mr. Ziltz, to pay the vouchers of $54,595.04. Motion passed unanimously.

PLANNING COMMISSION REPORTS AND PLANS

#01.010, F/LD Vartan Bank, Clover Lane & Allentown Boulevard (Extension until August 3, 2002, Action by July 15, 2002). Tabled until July 15, 2002. There are still outstanding issues regarding the sidewalk agreement. Mr. Yost will investigate this further.

#02.005 P/LD Capital Baptist Church, Hershey Road. Ron Lucas, Attorney, Bud Grove, Engineer, and Pastor Hegins represented the church in presenting the preliminary Land Development plan. These plans have been before the Zoning Hearing Board regarding sidewalks/pedestrian paths, and before the Parks and Recreation board regarding dedication of land in lieu of fees. There was a discussion of several aspects of the sidewalk variance. The Board was uncomfortable with the 5-year deadline for construction of the ped path. There was also discussion of the alternatives for the $35,000 financial security.

There was a great deal of discussion regarding the proposal to dedicate a .95 acre parcel to the Township in lieu of fees required by Section 173.37 – Parkland, Recreation, and Open Space Requirements of the Subdivision and Land Development Ordinance. The Ordinance requires 5% recreation land, 2.88 acres, if no improvements are offered. The Board reviewed the site plans with representatives of the church to explore different alternatives.

Mrs. Zimmerman moved, seconded by Mr. Hoffman, for the Capital Baptist Church Preliminary land development Plan #02.005, that the Board of Supervisors waive the West Hanover Township Subdivision and Land Development Ordinance for Curb requirements of Section 173-26 and direct the Planning Commission memorandum be incorporated into and made part of this motion. Motion carried unanimously.

Mrs. Zimmerman moved, seconded by Mr. Hoffman, to approve the Capital Baptist Church Preliminary land development plan #02.005, tax parcel #68-024-170 contingent upon:

· Finalization of the agreement to deed acreage along the northern boundary of the property, adjacent to the Township property, to satisfy Section 173-37 Parkland, Recreation and Open Space,

· Addressing outstanding Engineering review comments dated June 27, 2002

· Other items as determined necessary by the Township to include:

Adjustments to the Sidewalk Variance: Removing the 5-year limitation of financial security in the amount of $35,000 to be used by the Township in constructing a sidewalk or pedestrian path within a 10-foot wide portion of the 50-foot buffer yard along the eastern property line. A construction easement shall be granted by the property owner for construction of the pedestrian path. The financial security item shall be adjusted to read that applicant shall execute an agreement to construct, or contribute to, the cost of construction of a sidewalk or ped path not to exceed a cost of $35,000 as increased by a 2 % per year inflation factor, with no financial security posted, at such time as the township deems appropriate.

Motion carried unanimously.

Chuck Emerick - Truckstops of America – Modification of Requirements - Land Development Plan Review. Mr. Emerick presented information on expansion of their repair bays by 1171 sq. ft., or approximately 5.7% of the existing building, to accommodate the larger size trucks currently on the road. Mr. Paul West, General Manager of TA was also in attendance to answer questions. Mr. Emerick was requesting a waiver of the Land Development regulations. The proposed expansion does not affect storm water runoff, amount or type of traffic, employment at the site, or increase the burden of any facilities in the township.

Mr. Emerick also stated that the Corporate offices of TA would be contributing to the Exit 77 project at an undetermined level. The Board was very disturbed to hear that the Planning Commission had linked this proposal to the lack of participation in the Exit 77 project. The Board was very adamant in its’ stand that the two issues have nothing to do with each other. The Board reiterated that he must complete the application to the Planning Commission with a written justification of waiver of the Land Development Plan, and the issue would remain on the agenda for the July 15, 2002 meeting.

OLD BUSINESS

Project/Program Status Report: Mr. Rimer presented the updated project status report. Mr. Millard requested the addition of the issue of the GIS update. Mr. Rimer reported that there is a new initiative to update the GIS mapping. He will follow through on both avenues. Mr. Rimer also informed the Board that the grant for reconditioning the tennis courts was denied.

Motion – Ordinance 2002-5 –Adoption of Chapter 79 –Building Code Board of Appeals. Mr. Ziltz moved, seconded by Mr. Millard to adopt the revised Chapter 79 – Building code Board of Appeals. Motion passed unanimously.

Motion – Release of Security, Sagewicke Phase II & XA. Mr. Hoffman moved, seconded by Mr. Ziltz, to release the improvement guarantee of $166,431.75 reflecting work completed to date for Sagewicke Phases II and XA. Motion passed unanimously.

Motion – Release of Security, Sagewicke Phase III & VA. Mr. Hoffman moved, seconded by Mr. Ziltz, to release the improvement guarantee of $57,310 reflecting work completed to date for Sagewicke Phases III and VA. Motion passed unanimously.

NEW BUSINESS

Motion – BOS Conference Authorization Twp. Code Section 607. (4) Mrs. Zimmerman moved, seconded by Mr. Hoffman, to authorize Harold Arndt’s attendance at the seminar entitled Solving Means of Egress Problems in Commercial Structures, 2000, at a cost of $99. Motion passed unanimously.

Review – Clover Lane Construction Easement Status Report. This matter was discussed earlier in the meeting.

Declare Vacancy of Seat #2 of West Hanover Township Water and Sewer Authority. A letter was received from Mark Salisbury requesting the Board to declare seat #2 vacant because Mr. Young had missed three meetings of the Water and Sewer Authority. Mr. Hoffman moved, seconded by Mr. Ziltz, to declare seat #2 of the Water and Sewer Authority vacant. Motion carried four to one with Mrs. Zimmerman opposed.

Mrs. Zimmerman then read a letter offering her resignation from the Water and Sewer Authority effective July 1, 2002. Mr. Ziltz moved, seconded by Mr. Millard, to accept Mrs. Zimmerman’s resignation from the Water and Sewer Authority. Motion carried four to one with Mrs. Zimmerman abstaining.

Resolution 2002-39 – Appointment to Water and Sewer Authority (Seat #2). Mr. Millard put forth the name of Don Steinmeier for consideration for the vacancy of Seat #2. There was discussion of the fact that Mr. Steinmeier is still in active litigation with the Township. Mr. Millard moved, seconded by Mr. Hoffman, to appoint Don Steinmeier to fill the vacant seat #2 on the West Hanover Township Water and Sewer Authority. Motion carried four to one with Mrs. Zimmerman opposed.

Resolution 2002-40, Appointment to Water and Sewer Authority seat #5, will be addressed at the July 15, 2002 meeting.

Schedule Public Meeting and Presentation for Pedestrian Path Plan (August 5, 2002). The Ped Path committee has arranged a final review/workshop meeting for Monday, July 29, 2002, with the following groups: Board of Supervisors, Planning Commission, EAC, and Park and Recreation Board. A public meeting, for adoption of the plan, at the Board of Supervisors meeting on Monday August 5, 2002 will follow this. Mr. Ziltz moved, seconded by Mr. Hoffman, to schedule and advertise the two meetings for the Ped Path plan. Motion carried unanimously.

Discuss and Authorize Revisions to Sidewalk Agreement with Vartan Bank. Mr. Yost will contact the attorneys for the Vartan project to try to resolve the sidewalk agreement, then once resolved it can go back to the Zoning Hearing Board for revision of their prior opinion.

Authorize 5K run for Kidney Health. Mr. Rimer presented information from Local 520 for their proposed 5K run scheduled for October 5, 2002. This involves a temporary road closure by the Board. Mrs. Zimmerman moved, seconded by Mr. Hoffman, to authorize the use of townships roads for the 5K run for Kidney Health sponsored by Local 520 on October 5, 2002. Motion carried unanimously.

CORRESPONDENCE

There was some discussion regarding the letter from East Hanover Township to CPT Lincoln, PA National Guard, Fort Indiantown Gap. The Board requested Mr. Rimer review the information to report back to the Board at its’ next meeting.

OTHER BUSINESS THAT MAY COME BEFORE THE BOARD

Mr. Jones presented a report on the status of voting precincts in the Township with future population trends necessitating additional voting precincts. Mr. Ziltz moved, seconded by Mr. Millard, to send a letter to the County Commissioners requesting assistance in developing a new voting precinct. Motion carried unanimously.

Mr. Jones also presented a report on the Township’s capacity at the Swatara Township Water and Sewer Authority. This matter will be discussed in further detail in future meetings.

OTHER REPORTS

Solicitor: Mr. Yost reported that one lien has been filed.

Manager: Mr. Rimer reported on a citation issued by the Codes Administrator for violation of Section 67-2 “livestock at large prohibited”. He also reported the new pavilion is moving along, however the movie screen has not been completed so the movie on July 2, 2002, has been cancelled.

PUBLIC COMMENT

Don Steinmeier, 11 N. Fairville: Mr. Steinmeier thanked the board for his appointment to the Water and Sewer Authority.

Beth Carracato, Knight Rd: Ms. Carracato reported on the sighting of bears, mother and cubs, on Appalachian Rd.

John Kershner, Fine Line Homes: Mr. Kershner thanked the board for the smooth closing of Clover Lane.

SUPERVISORS COMMENTS

Bob Ziltz: Mr. Ziltz brought up the situation of the gentleman from TA not having a pleasant experience at the Planning Commission meeting. The general consensus of the Board was that this was an intolerable occurrence in addition to being unprofessional. Mr. Ziltz moved, seconded by Mr. Hoffman, to address this at the next Executive Session of the Board. Motion carried four to one with Chairman Jones opposed.

Mr. Millard commented on the tall grass to be mowed by the agility program. We are currently waiting for the contract agreement to sign.

Mrs. Zimmerman: Mrs. Zimmerman met with EAC at the Dermody building. She had concerns about the parking lot access at the Dermody building. She also questioned the pipes at Glenview and Skyline Dr.

ADJOURNMENT Time: 10:45 PM