WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS

7171 ALLENTOWN BOULEVARD, HARRISBURG, PA  17112

MONDAY, JUNE 16, 2003

 

 

CALL TO ORDER – 7:00 p.m.

 

Chairman Jones called the meeting to order at 7 PM.  The Pledge of Allegiance was followed by an invocation offered by Mrs. Zimmerman.

 

ROLL CALL

 

Robert Jones, Chairman                              Gloria Zimmerman, Supervisor

Robert Ziltz, Vice Chairman                        Earl Hoffman, Supervisor, absent

Stephen Millard, Secretary/Treasurer         

 

PUBLIC COMMENT

 

Beth Carricato, 699 Knight Rd.  Ms. Carricato questioned whether Cumulus Media appealed the decision of the Zoning Hearing Board.  The time limit for filing an appeal is not up yet.  She asked whether there would be a public hearing on the amendments to the animal ordinance.  Currently both the animal ordinance amendments and the tower related amendments are still in the discussion and drafting stage.  A public hearing on both will be advertised and held at a later date.

 

PRESENTATIONS/STAFF REPORTS

 

Parks and Recreation.  Ms. Fesig reported to the Board the inclusion of a report on the soda issue in the parks later on the agenda.  She is recommending the full-service package where the company supplies the machine, performs maintenance, refills the machines, and turns over 25% of the profit to the Township.  Ms. Fesig reported the marquee was delivered today and should be fully installed by the end of the month.  The summer playground starts June 16.  Enrollment in the 3 to 5 year old is 20 children; in K through 6 program there are 79 children enrolled.  Mr. Millard asked about the letter in correspondence addressing various park considerations.  The Park and Rec Board has not seen the letter yet.  It will be presented at the meeting on Wednesday evening.  The first item dealt with the parking on Alva Dr., which was a direct result of a complaint received by the Board of Supervisors.  The second item concerned use of the concession stands at the parks.  A request was received to use the concession stand in addition to the field, which was properly reserved in advance.  The complaint was that the group had to ask the Baseball Association to use the concession stand.  If the stand is Township property, why is the Baseball Association in control and receiving all profits from use of Township property?  There was also some confusion over the reservation fee and donation to the Township being diverted to the Baseball Association.  Ms. Fesig also reported on ongoing contract negotiations with the Funeral Director Association.  The proposed contract will be ready for Solicitor Yost to review prior to the next meeting on July 7, 2003.

 

PUBLIC HEARING:

 

Hanoverdale Church of the Brethren Zoning Text Amendment.  Please see transcript.  Mr. Millard moved, seconded by Mr. Ziltz and Mrs. Zimmerman, to approve the text amendment for the Hanoverdale Hamlet District, Sections 195-46.B., adding the sentence “All nonresidential uses except churches are subject to the following building area regulations.”  Motion passed unanimously.

 

APPROVAL OF MINUTES

 

Workshop meeting – June 2, 2003.  Mr. Millard moved, seconded by Mrs. Zimmerman, to approve the workshop minutes of June 2, 2003, as presented.  Motion passed with Mr. Ziltz abstaining.

 

Regular meeting – June 2, 2003.  Mr. Millard moved, seconded by Mrs. Zimmerman, to approve the minutes of June 2, 2003, as presented.  Motion passed unanimously.

 

Workshop meeting – June 9, 2003.  Mrs. Zimmerman moved, seconded by Mr. Millard, to approve the workshop minutes of June 9, 2003, as presented.  Motion passed with Mr. Jones abstaining.  There was a request to send these minutes to the Fire Company.

 

TREASURER’S REPORT               (· Need Approval)

 

Mr. Millard read the Treasurer’s report:

 

General Fund Balance as of June 13, 2003                                            $927,628.67

Total Liquid Fuels Balance as of June 13, 2003                                     $584,334.81

 

Mr. Millard identified the following prepaid expenditures:

 

Payroll, June 12, 20023              Net:  $19,152.50          Gross payroll:  $27,006.20

Vouchers prepaid to meet due dates                                                         $2,710.57

                                                Total prepaid expenditures                 $29,716.77

Mrs. Zimmerman moved, seconded by Mr. Ziltz, to approve the prepaid expenditures as presented.  Motion passed unanimously.

 

Vouchers to be approved                                                                     $64,453.04

 

The Diana Reed accounting invoice is for actual services only.  There was a request for a summary of activity of Delta Development.  There was a clarification of the HRG bills that are being paid from the Exit 77 fund.  The tax withholding update invoice from Capital Computer was a result of the tax cut recently passed by Congress.  Mr. Jones moved, seconded by Mr. Millard, to approve the vouchers as presented.  Motion passed unanimously.

Financial Statement, May, 2003.  No discussion.

 

PLANNING COMMISSION REPORTS AND PLANS

 

#01.010, F/LD Vartan Bank, Clover Lane & Allentown Boulevard.  Received Time Extension from May 2, 2003, for 90 days to July 31, 2003.  Action of BOS by July 21, 2003.

Preliminary SD/LD plan for Mapleton Grove, Tax Parcel 68-028-035.  Received time extension to Aug. 18, 2003.  Action of BOS by August 18, 2003

 

OLD BUSINESS

 

Project/Program Status Report.  Mr. Rimer reported on the installation of jersey barriers and a large sign at the side entrance at the Gables Truck Stop.  He also reminded the Board of the Comp Plan Public Meeting on Monday, June 23, 2003, at 7 PM.  There also was a transposition of the last entries under the Swatara Township Sewage Capacity project and the LPTA Use of Interceptor effort.

 

Sexually Oriented Businesses Zoning Amendments – Sections 195-10 & 195-177.  This item was previously tabled for review by Solicitor Yost.  He had no additions to make to the proposed ordinance.  There was a discussion about a seeming conflict regarding the size and number of the manager’s stations.  Mrs. Zimmerman moved, seconded by Mr. Millard, to adopt Ordinance 2003-09 as presented.  Motion passed unanimously.

 

Authorize Easement on Township Property – McNaughton Homes.  Mr. McNaughton, Tim Mellott of Mellott Engineering, and Mr. Charles Swalley of Mette, Evans and Woodside presented the request for an easement for a gravity sewer line across Township property in order to eliminate the need for another pump station.  In order to minimize potential future conflicts with the use of the Township property, both the line and the manhole will be installed deeper than normal.  Comments have been received from Township Engineer Al Brulo however there was concern about the openness of the statement that the owners of the tract would be responsible for the costs of any relocation of the line.  Mr. Ziltz moved, seconded by Mr. Millard, to authorize the Township Engineer and the Township Solicitor to work with the applicant, McNaughton Homes, to develop an easement agreement across Township property to serve the Weller tract.  Motion passed unanimously.  There was limited discussion of the concept plans for the Township property.  The consensus of the Board was to share these concept plans with the public.

 

Resolution 2003-37 - Appoint New Member to EAC for Seat #3.  This item was tabled due to lack of candidates.

 

Illicit Discharge and Connection Storm Water Ordinance.  Comments have been received from both the Township Engineer and Bob Cristoff of DCED.  No comments have been received from DEP.  There was concern that the proposed ordinance was not ready for a public hearing as voted on at the last meeting.  The consensus of the Board was to move forward with the public hearing.

 

Amendments to Chapter 67 – “Animals” in Township General Code of Ordinances.  There was a continuation of the discussion started during the workshop session.  Mr. Arndt restated that to effectively enforce disturbing the peace there must be a time limit on barking.  The consensus of the Board was to eliminate any time specifications.  The Board also determined to include a new section, 67-8.A., limiting the number of pets to 5 per household except for farms, kennels, animal services or animal hospitals with an approved zoning permit.  Mr. Ziltz moved, seconded by Mr. Millard, to set Aug. 4, 2003, at 7:15 PM as the date for a public hearing on Ordinance 2003-04, amendments to Chapter 67, Animals.  Motion passed unanimously.

 

DRAFT – Tower Related Zoning Amendment Text.  Mr. Bob Leonard, Zoning Administrator, presented amendments to ordinances relating to towers.  The amendments include new definitions, areas of the township, appropriate setbacks, conditional uses, etc.  Representatives from Cumulus Media, Ron Giovella, Dave Suplee, and Buddy Sanders, were in the audience.  They explained some of the current standards and stated that there has never been a collapse of a self-supporting tower in the US.  They recommended the ordinance be flexible so the setback equals the percentage of the fall zone of a specific height tower.  There was a great deal of discussion on all the articles of the draft.  Mr. Millard moved, seconded by Mrs. Zimmerman, to authorize the Township to send the draft amendment to the Planning Commission and the Dauphin County Planning Commission for comments and set Aug. 4, 2003, at 7:15 PM as the date for a public hearing on Ordinance 2003-12,Tower related zoning amendment.  Motion passed unanimously.

 

NEW BUSINESS

 

Consent Items.  Mrs. Zimmerman moved, seconded by Mr. Ziltz, to approve the following consent items.

 

  1. Section 607 Authorizations for:  Mike Rimer, Betz England – Understanding the Local Government Unit Debt Act – PSATS Training Center, Enola – July 8, 2003, 12:30PM to 4:00 – $25 per person; and Harold Arndt – Commercial Plumbing Inspection Exam – BOCA Certification – Harrisburg – July 12, 2003, 10:30 AM - $125

2.      Authorizing Execution of Final Solid Waste and Recycling Agreement with Waste Management, Inc.

  1. Set Public Hearing Date – Amendments to Section 195-122 Buffering, Section 195-124 Screening & Section 195-90 for hearing date of July 21, 2003
  2. Set Public Hearing Date - Open Space Ownership for hearing date of July 21, 2003.

 

Motion passed unanimously.

 

Authorize Township Park Soda Machine Proposals for 2003.  Ms. Fesig recommended the contract be awarded to Pepsi Cola.  Mr. Ziltz moved, seconded by Mr. Millard, to authorize the Township to sign the contract for a full service agreement with Pepsi Cola.  Motion passed unanimously.

 

Authorize Execution of Fire Services Study Contract – Ted Tocterman.  The contract was just received today.  The item was tabled for review by the Fire Company at their next Company meeting.

 

Review and Concurrence with House Bill 651 - Language to initiate road swap and “turn back” of roads between Township to PENNDOT.  Central Dauphin School District is exploring a variety of avenues of funding the improvements to Piketown Rd. agreed upon in conjunction with the construction of the new high school.  This issue is to authorize a bill to be created to permit a road swap transfer.  This transfer would entail the Township swapping a portion of Piketown Rd. (a Township road) for a portion of a state road in the Township (for example Oak Grove Road).  This would make PennDot responsible for the improvements to the road.  Some of the concerns include the time frame, assurances the road would be built, the scope of the project, and what roads would be swapped.  The general consensus of the Board was a definite maybe.

 

Resolution – 2003-42 Establishing Fire Tax Fund Capital Reserve Fund.  This issue was discussed with the Fire Company and the resolution is a direct result of their request.  Mr. Millard moved, seconded by Mr. Ziltz, to pass Resolution 2003-42, authorizing a Fire Tax Fund Capital Reserve fund.  Motion passed unanimously.  There was a request to send this resolution to the Fire Company.

 

CORRESPONDENCE

 

Request for meeting from Dr. Hasson, CDSD.  Mr. Fred Weiser, a Fishing Creek Valley School student parent, spoke to the Board about his concerns on the closing of the school and announced a parental meeting on the closing on June 18, 2003.  He also informed the Board that a group of parents are examining the School Board’s budget line by line.  After initially receiving cooperation, they now feel they are being stonewalled.  Mr. Rimer clarified the comments made during the workshop session about the Township threatening to close the school.  The Township received a complaint about safety issues at the school: chains on the exit doors, doors not opening from the inside, and roof leakage onto an electrical panel.  A notice of violation was issued which resulted in a quick response from the building maintenance staff.  It was a very forward, open process that continues.  There was no citation issued and no threats of closing anything.  Ms. Marcie Osborn, also a parent, addressed the Board about the last School Board meeting where there were many negative comments made about West Hanover Township.  Mr. Rimer reported the following proposed dates for a meeting with Central Dauphin School District: July 8, 9, 10, 28, 29, 30 or 31.  It was noted that all these dates are after June 23, the date for adoption of the School District budget for the 2003-04 school year.  The feeling was that a meeting after June 23 would serve no purpose.  The Board asked Mr. Rimer to attempt to schedule a meeting prior to June 23.  If that is unsuccessful then the next earliest date. 

 

OTHER BUSINESS THAT MAY COME BEFORE THE BOARD

 

On behalf of Ms. Fesig, Park and Rec coordinator, Mr. Rimer requested approval to hire 2 additional counselors for the Summer Playground program.  Mr. Ziltz moved, seconded by Mr. Millard, to authorize the hiring of 2 additional playground counselors.  Motion passed unanimously.

 

PUBLIC COMMENT

 

Linda Turns, 8000 Rabbit Lane.  Ms. Turns questioned what the Township is getting in return for granting an easement to McNaughton Homes.

 

Bill Oystermyer, 7936 S. Appleby Way.  Mr. Oystermyer stated that towers should not be allowed in the conservation district.  He also stated that barking dogs are becoming a problem in the Township and the ordinance should address the issue.

 

SUPERVISORS COMMENTS

 

Mrs. Zimmerman.  Mrs. Zimmerman stated she thinks the School District knew for quite some time there were problems at Fishing Creek Valley School.

 

Mr. Millard.  Mr. Millard asked about the Township mission statement.  It appears throughout the Comprehensive Plan.

 

Mr. Ziltz.  Mr. Ziltz asked about the HRG reports accompanying the invoices for Exit 77 work.  These reports are duplicated and sent to both PennDot and DCED on a quarterly basis to account for funds spent.  He then addressed the school issue by stating that it appears the School Board is fed up with West Hanover Township.  He also stated there appeared to be no maintenance at West Hanover Elementary.  The School Board assumed that waivers for portions of the West Hanover Township ordinances would be granted and when they were not the blame was placed on the Township for delays and cost overruns.  The several times the School District appeared before the Board of Supervisors, they were poorly prepared, unable to answer appropriate questions, and did not offer viable alternatives.  Mr. Ziltz did also caution that there were only 2 school board members here and not to assume they spoke for the entire school board.  He also clarified the total permitting fee costs:

Building permit fee          $227,668.00

Zoning permit fees          $117,705.00

Electrical permit fees        $18,932.00

Plumbing permit fees             $898.00

Total permit costs           $365,203.00

 

ADJOURNMENT.  10:20 PM