WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS
7171 ALLENTOWN
BOULEVARD, HARRISBURG, PA 17112
MONDAY, APRIL 7, 2003
Chairman Jones called the workshop meeting to order at 6 PM.
Nick
Oyer, Questions. Mr. Oyer came before the Board to address
issues relating to the improvement guarantee for the Municipal State Police
Training building. These included the
sidewalks and street trees on the cul-de-sac.
He presented a letter detailing his objections and revised amounts along
with an estimate of the improvement guarantee provided by the Township Engineer
and his revised estimate. For the
original Bretz subdivision, Mr. Oyer acted as both the builder, of Troop H, and
the developer. As such, notes were made
on his plans for improvement of the road and a variance was granted upon an
agreement for the waiver of sidewalks.
Mr. Oyer never executed the agreement on the sidewalks so that variance
is considered null and void. Mr. Oyer
does not want to install or bond either the sidewalks or street trees beyond
his property. He feels these two items
are more appropriate for the future property owners. Mr. John Murphy from Alpha Consulting assisted Mr. Oyer. Mr. Rimer reminded the Board that by
ordinance the coordination, negotiation and certification of improvement
guarantees is the responsibility of the Township Engineer. Any conclusions the Board reaches would be
used as advisement to Mr. Brulo. The
Board determined there was not enough information to make a decision on the issue. They recommended Mr. Oyer work with the
Township Manager, Engineer, and Solicitor to resolve the matter. In the meantime they advised Mr. Oyer to
prepare the letter of credit in the full amount stated by Mr. Brulo so work can
begin on the site and resolve the disputes later.
WHTFC Fire Tax Annual Report. Mr. Millard report on a program offered by Dean Fernsler that was
very helpful and informative. Both Mrs.
Zimmerman and Mr. Millard would like to form a committee to work with the Fire
Company on a variety of issues.
Consent Items: Act 14 Notification. There was some clarification on the joint permit with Central
Dauphin School. The Conservation
District required 1 permit, for both the road and the site, instead of 2
separate permits.
Solicitor Yost requested Board action on abandoning
the appeal of the tax case of Northwestern Human Services, Inc. The PA Supreme Court has recently ruled in
an identical case that they do qualify for an exemption. The County is recommending abandoning the
appeal and would like the Township concurrence.
WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS
7171 ALLENTOWN
BOULEVARD, HARRISBURG, PA 17112
MONDAY, APRIL 7, 2003
CALL TO ORDER – 7:00 p.m.
In
honor of Local Government Week, Chairman Jones introduced Levi Williams who led
us in the Pledge of Allegiance. Mrs.
Zimmerman gave the invocation.
ROLL CALL
PUBLIC COMMENT
Beth Carricato, 699 Knight Rd. Ms. Carricato
came before the Board to address the rezoning requested by Fine Line
Homes. She reviewed the history of the
rezoning request. She stated there was
a severability clause in the ordinance:
the provision of this ordinance shall be severable if any of its
provisions shall be held to be unconstitutional, illegal, or invalid. The MPC states clearly, section 603, J, if a
municipality amends its zoning ordinance in a manner not generally consistent
with its comprehensive plan; it shall concurrently amend its comprehensive plan
in accordance with article 3. Ms.
Carricato feels that the Board violated its own ordinance by not updating the
comprehensive plan at the time of the rezoning. These should have been done concurrently. She further asked the Board to sever the
rezoning approval. She was not stating
that the rezoning was inappropriate, only that it was done in the wrong way.
Linda Turns,
8000 Rabbit Lane. Ms. Turns advised the
Board that the property next to Zink Pipe is for sale via auction on April
28. She feels that is a viable piece of
property and may want to bid on it.
There was some discussion of the liens the Township has against the
property.
Bill McCahan,
Emergency Management Coordinator. Mr.
McCahan wanted to bring the Board up to date on work on the new Emergency plan
for the Township. He asked for
clarification of the continuity of government in the event of an
emergency. It was determined that the
continuity should be listed by position, not individuals, with the following
order: Chairman, Board of Supervisors,
Vice Chairman, Secretary/Treasurer, the remaining supervisors in order of
tenure, and the Township Manager.
Carol Buskirk,
6908 Fox Hill Rd. Ms. Buskirk urged the
Board to reconsider the issue of rezoning for Fine Line Homes, especially if
members feel a mistake was made.
Lt. Heath,
Troop H State Police. Lt. Heath checked
in with the Township. She was thanked
for the recent patrols on Rte. 22. Mrs.
Zimmerman asked for increased patrols through the Township parks as the weather
gets nicer. Mr. Jones brought up the
issue of skateboarding. Lt. Heath
stated they do not enforce local ordinances but can perform drive-throughs and
comment on activities.
Marlin Moyer,
7214 Linglestown Rd. Mr. Moyer reminded
the Board of the advice from the Planning Commission against rezoning of the
Watson property. This issue will be
coming before the Board in a few meetings.
Melvin Stewart, 7348 Trent St. Mr. Stewart came
before the Board to address the issue of mandated the pumping of septic
tanks. Mr. Stewart quoted experts in
the field that a tank need not be pumped until the sludge reaches a point of 1/3
depth of the tank. He has a 5-foot tank
with only 3” of sludge. His tank was
last pumped in 1994 and received a statement at that time from the pumper that
his tank would not need to be pumped for 15 years. He was challenging the requirement and stated the Board has
granted exemptions in the past. Mr.
Stewart has already received one extension, missed the deadline for the appeal
process, and is now in the citation process because of the lack of any further
extension. The consensus of the Board
was it was too late for the Board to take action at this time.
Don Steinmeier, 11 N. Fairville Rd. Mr.
Steinmeier stated the blame for the pumping requirement is with the DEP. This requirement was imposed as part of the
Act 537.
Steve Millard,
7400 Wells Dr. Mr. Millard stated that
there is a $12 million public sewer system to alleviate failing septic systems.
Parks and Recreation Report. Ms. Fesig reviewed past activities of the
Park and Recreation department. She
reported on price quotes for the Township marquee. Mrs. Zimmerman moved, seconded by Mr. Millard, to authorize
purchase of the marquee from Signs Plus and to authorize quotes for
installation. Motion passed unanimously. Mrs. Zimmerman also recommended contacting Dauphin
County Vo-Tech school to do the brick work for the sign base.
The
damage to the dugout will be repaired this week. The drainage project has been started. The Ped Path committee had its second meeting, with the Director
of Parks and Recreation in both Derry Township and Lower Paxton as guests. Ms. Fesig also led a discussion of the
Funeral Director Association facility as a possible location for classrooms and
other activities. She is waiting for
guidance/action/decision by the Supervisors on facilities
APPROVAL OF MINUTES
Regular meeting – March 17, 2003. Mrs. Zimmerman moved, seconded by Mr. Hoffman, to approve
the workshop minutes as presented.
Motion passed unanimously. Mrs.
Zimmerman moved, seconded b y Mr. Ziltz, to approve the meeting minutes as
presented. Motion passed unanimously.
TREASURER’S REPORT (· Need Approval)
Mr. Millard read the Treasurer’s report:
Mr.
Millard identified the following prepaid expenditures:
Vouchers prepaid to meet due
dates $2,524.12
Total prepaid expenditures $56,299.00
Mrs. Zimmerman moved, seconded by Mr. Ziltz, to
approve the prepaid expenditures.
Motion passed unanimously.
Vouchers to be approved $66,313.64
There
were three additional vouchers presented for payment. Mr. Ziltz moved, seconded by
Mrs. Zimmerman, to approve the payment of the vouchers in the amount of
$66,605.48. Motion passed unanimously.
PLANNING COMMISSION REPORTS AND PLANS
#01.010, F/LD Vartan Bank,
Clover Lane & Allentown Boulevard. Received
Time Extension from February 1, 2003, for 90 days to May 2, 2003. Action by April 21, 2003.
#03.006 F/LD Pennsylvania
State Bank, Allentown Boulevard & Jonestown Road. Ms. Tanya Rideman, Ganflec Architects, and Mr. Herb Wideman, PA
State Bank, presented the final land development plan. They provided a rendering of the bank. For
the Pennsylvania State Bank waiver requests from Preliminary Plan procedure,
from the sidewalk location along Allentown Blvd, and from Dedication of Park
Land, Mrs. Zimmerman moved, seconded by Mr. Millard, that the Board of
Supervisors waive the West Hanover Township Subdivision and Land Development
Ordinance Sections 173-12, 173-13, 173-27.B.(1), and 173-37.B.(3). Motion passed unanimously.
Mrs.
Zimmerman moved, seconded by Mr. Ziltz, to approve the Pennsylvania State Bank
Final Land Development Plan, lot # 03.006, tax parcel #68-048-001 contingent
upon:
1. 173-15.C.(1) - Approval of the
erosion and sedimentation control plan by Dauphin County.
2. 173-15.C.(2) - Approval of the
sewage planning module by PADEP.
3. 173-37 - Paying the fee-in-lieu of parkland
dedication.
4. Article V - Posting of the proper improvement
guarantee and execution of a development agreement.
5. 173-15.C.(19) - Approval of connection to the
public sewer by West Hanover Water and Sewer Authority.
6. 173-15.C.(19) - Addressing all outstanding
staff review comments.
7. 173-15.C.(19) - Other items as determined
necessary by the Township including the NPDES permits.
Motion passed unanimously.
#03.001 F/SB David &
Peggy Hinson, Umberger Street, Waiver request.
Charles Junkins, Surveyor, presented the request of exemption from
FILO. There are no new building lots,
just realigning the lot lines. For
the David & Peggy Hinson waiver request from paying fee in-lieu-of dated
March 20, 2003, Mrs. Zimmerman moved, seconded by Mr. Ziltz, that the Board of
Supervisors waive the West Hanover Township Subdivision and Land Development
Ordinance Section 173-37.B.(4) since no new building lots are being
created. Motion passed unanimously.
OLD BUSINESS
Project/Program Status Report. The Board requested a copy of the Sexually Oriented Business ordinance provisions for the April 21st meeting. The RFP for the Public Works building is on hold pending the completion of the site survey, which will be done in conjunction with the Exit 77 survey.
Motion – CTSI Switching Station Agreement. Mr. Ziltz moved, seconded by Mrs. Zimmerman, to approve and
authorize execution of the agreement to locate the CTSI switching station
behind the caboose in exchange for consideration of $15,000. Motion passed unanimously.
Request for Workshop. Municipal Solid Waste Contract - April 16, 2003. This workshop will be to review the 5-year
contract for waste hauling with all 4 municipalities involved in the contract.
Ordinance 2003-03 Chapter 104, Lock Box System. Section 104.6 is a new section resulting from the public
comment. There was discussion of the
term “dial-up”. It should also mean remote
reporting. Mr. Ziltz moved,
seconded by Mr. Millard, to table enactment of the ordinance for further
revisions until the regular meeting on April 21, 2003. Motion passed unanimously.
Motion – Award 2003 Public Property Mowing Bid
Contract. The Parks and Recreation Board has reviewed
the bids and made their recommendations to the Board. Mr. Millard moved, seconded by Mr. Ziltz, to award the
contracts for the weed killing and feeding and aeration of athletic fields to
TruGreen Chemlawn and to award the contracts for the standard weekly cut and
special cuts and services to Way’s Lawn Care.
Motion passed unanimously.
NEW BUSINESS
Consent Items. Mrs.
Zimmerman moved, seconded by Mr. Ziltz, to approve the following consent items:
1. BOS Section 607 Authorization – Attendance at Conferences for:
Certification Exam-Commercial
Building Inspector: Harold Arndt
Organizing Municipal Public
Works: An Overview, and Asphalt Roads: Common Maintenance Programs and Asphalt
Surface Treatments: Harold Harman
Basic Course for Zoning
Officials: Robert Leonard, Mary Ann
Yahn, Linda Turns, Beth Carricato and any members of the Planning Commission
and Zoning Hearing Board.
2. Authorize Advertising of Township Uniforms RFP
3. Act 14 Notification – Central Dauphin School District
4. Set Public Hearing Date of May 5, 2003 for S & A Homes Rezoning
Request
5. Set public hearing date of May 19, 2003 for the SOB Ordinance and
Street Names & Signs
Motion passed unanimously.
Pilot Travel Center Improvement Guarantee Reduction
#3. Mrs. Zimmerman moved, seconded by Mr.
Ziltz, to deny the Pilot Travel Center Improvement Guarantee Reduction #3 based
on the Township Engineer recommendations.
Motion passed unanimously.
Review and Authorize Execution of Public Disaster
Assistance Application and Agreement
Resolution 2003-38 – Designation of Agent for Public
Disaster Assistance Application. The President’s Day storm
was declared a Federal Disaster, which enables us to apply for reimbursement
for expenses during a 48-hour storm period.
Mr. Ziltz moved, seconded by Mrs. Zimmerman, to authorized execution
of the President’s Day Blizzard Agreement and application for Public Disaster
Financial Assistance and Resolution 2003-38 designating the Township Manager as
agent. Motion passed unanimously.
WHTFC Fire Tax Annual Report Review and
Authorization of Fire Tax Payment for 2003.
This item was discussed at the workshop resulting in a committee of Mrs.
Zimmerman and Mr. Millard to meet with the Fire Company. Mr. Ziltz moved, seconded by Mr.
Hoffman, to table authorization of Fire Tax payment until representatives of
the Board, Mrs. Zimmerman and Mr. Millard, can meet with the Fire Company. Motion passed unanimously.
Wetland Presence/Absence Determination – Municipal
Park. The report shows some wetlands but only
approximately .5 acres of the total site.
The consensus of the Board was to move forward with expansion of the
Municipal building.
Architectural Services RFP. This is a proposed RFP for services to expand the Municipal
building if the Supervisors wish to move in this direction. There was discussion on the length of time
the project would take. Typically the
response time to this RFP is 30 days.
CORRESPONDENCE
There was a great deal of discussion on the traffic light at Clover
Lane and Rte. 22. The results of the
study should show which intersections might warrant traffic lights.
OTHER BUSINESS THAT MAY COME
BEFORE THE BOARD
In a review of the Township audit, the Board
requested the list of property, plant & equipment in order to update it.
Mr. Millard reported on another spill at Pilot on
March 25. This spill was not reported
to either the Township or DEP. Mr.
Millard also presented a sample Illicit Discharge Ordinance that he recommends
the Township put into effect. The
consensus of the Board was to have Solicitor Yost review the sample ordinance
and report back to the Board.
Mr. Millard also requested quick action of the
Swatara Capacity. He would like the
Township to act before Lower Paxton completes their action. He recommended Mr. Rimer send a letter and
open a dialogue as soon as possible.
Mr. Yost requested consent of the Board to abandon
the tax appeal case of Northwestern Human Services tax assessment appeal. Mr. Ziltz moved, seconded by Mrs.
Zimmerman, to authorize abandonment of the tax appeal. Motion carried unanimously.
Mrs. Zimmerman questioned
the status of the computer for the tax collector. We have been unable to purchase the computer until verification
from Ms. Kelemen on her proprietary software.
She also questioned the current sign at the Dermody property. Apparently that sign was a mistake and
another one will be installed
PUBLIC COMMENT
Beth Carricato, 699 Knight
Rd. Ms. Carricato addressed the issue
of trash at construction sites. Mrs.
Zimmerman commented on the mud and gravel drug out onto the road by the Central
Dauphin school site.
Linda Turns, 8000 Rabbit
Lane. Ms. Turns stated the illicit
discharge ordinance should be adopted now.
She also urged the Supervisors to build a facility to house the Park and
Recreation programs.
SUPERVISORS COMMENTS
Mr. Hoffman. Mr. Hoffman requested the disposition of the
recreation building at the Catholic Church.
Mr. Jones committed to find out.
Mr. Millard. He requested comments from the consultant on
the Comp Plan regarding the S & A rezoning request. It was clarified that until the new Comp
Plan is in place the rezoning request must be evaluated based on the current
Comp Plan.
Mrs. Zimmerman. Mrs. Zimmerman reminded everyone of the Open
House on Saturday, April 12, 2003.
Mr. Jones. Mr. Jones requested a spring road
inspection. It will be held at 4 PM,
Monday, April 14, 2003. They will also
try to tour the facilities at the Funeral Directors Association building.
ADJOURNMENT. 9:45 PM