WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS

7171 ALLENTOWN BOULEVARD, HARRISBURG, PA  17112

MONDAY, AUGUST 4, 2003

 

REGULAR MEETING

 

PUBLIC WORKSHOP SESSION 6:00 PM

 

CALL TO ORDER

 

Chairman Jones called the meeting to order at 7 PM.  Mrs. Zimmerman offered a prayer followed by the Pledge of Allegiance.  .

 

ROLL CALL

 

Robert Jones, Chairman                              Gloria Zimmerman, Supervisor

Robert Ziltz, Vice Chairman                        Earl Hoffman, Supervisor

Stephen Millard, Secretary/Treasurer         

 

PUBLIC COMMENT

 

Neil Shatto, 1452 Mumma Rd.  Mr. Shatto addressed the driveway for a logging road he had brought before the Board previously.  Mr. Rimer stated that a formal complaint was filed over the signatures of Mrs. Zimmerman and Mr. Rimer.  Bob Leonard, Zoning Officer, is investigating the matter.  He confirmed that the logging has been completed and the driveway is for access only.  Mr. Shatto reiterated that the driveway has been in existence for several years based upon a temporary permit for logging access only.

 

PRESENTATIONS/STAFF – BOARD REPORTS.  None.

 

PUBLIC HEARING/MEETING:

 

Ordinance 2003-12- Zoning Ordinance Amendment 195-10, Towers.  See complete transcript.

Ordinance 2003-04- General Code Amendment Chapter 67, Animals.  See complete transcript.

 

APPROVAL OF MINUTES

 

Workshop meeting – July 14, 2003.  Mr. Ziltz moved, seconded by Mrs. Zimmerman, to approve the minutes as presented.  Motion passed with Mr. Hoffman abstaining.

Workshop meeting – July 21, 2003.  Mr. Ziltz moved, seconded by Mrs. Zimmerman, to approve the minutes as presented.  Motion passed unanimously.

Regular meeting – July 21, 2003.  Mr. Ziltz moved, seconded by Mr. Millard, to approve the minutes as presented.  Motion passed unanimously.

 

TREASURER’S REPORT               (· Need Approval)

 

Mr. Millard read the Treasurer’s report:

 

General Fund Balance as of Aug. 1, 2003                                             $952,435.76

Total Liquid Fuels Balance as of Aug. 1, 2003                                      $585,356.59

 

Mr. Millard identified the following prepaid expenditures:

 

Payroll, July 25, 20023               Net:  $22,368.89          Gross payroll:  $31,352.51

Vouchers prepaid to meet due dates                                                            $330.06

Total prepaid expenditures                                                                      $31,682.57

 

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

 

Vouchers to be approved                                                                             $78,111.80

 

Mr. Ziltz moved, seconded by Mr. Millard, to approve the vouchers as presented.  Motion passed unanimously.

 

PLANNING COMMISSION REPORTS AND PLANS

 

#01.010, F/LD Vartan Bank, Clover Lane & Allentown Boulevard.  Received time extension to Aug. 25, 2003.  Action of BOS by Aug. 18, 2003.  Tabled.

 

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.  Tabled.

 

Brynfield Phase VIII – Correction of Lot line between lots 62A & 62B and bearing behind lots 66B through 68B.  This is a correction to an engineering error on the drawings that have been previously recorded.  The lot line for 62A must move 4 feet into lot 62B.  In addition, one meets and bounds had the wrong seconds digits, .34.  Mr. Leonard provided a map with the corrected lot line shown.  For the Correction to the Final Subdivision Plan, Brynfield Phase VIII waiver request, Mrs. Zimmerman moved, seconded by Mr. Millard, that the Board of Supervisors waive the West Hanover Township Subdivision and Land Development Ordinance, Chapter 173.  Motion passed with Mr. Ziltz abstaining.

 

Mrs. Zimmerman moved, seconded by Mr. Millard, to approve the Correction to the Final Subdivision Plan, Brynfield Phase VIII, tax parcel #68-030-024 contingent upon:

1.      173-21 Recording of the corrected Plan page and cover sheet,

2.      173-15.C(19) Other items as determined necessary by the Township.

 

Motion passed with Mr. Ziltz abstaining.

 

OLD BUSINESS

 

Project/Program Status Report.  Mrs. Zimmerman asked about the Clover Lane project.  The final inspection has not been completed.  The Fire Marshall amendment has been stalled but should be before the Board shortly.  Mrs. Zimmerman also requested that the pending lawsuit regarding the sewer system be put on the project status list with all relevant dates noted.  Mr. Rimer reported that the ad for activity space has been sent to the paper and the matter will be before the Board shortly.  Mr. Millard asked about the permit tracking system.  Four firms have made presentations and the staff will be forwarding a recommendation to the Board shortly.

 

Ordinance 2003-10 - Zoning Ordinance Amendment 195-122, Buffering.  This item was tabled after the public hearing at the last meeting.  It was clarified that the 10-foot buffering is on each property, which is a reduction from the 50-foot buffering currently required.  There was a great deal of discussion regarding the buffer between any use and the buffer between residential and nonresidential uses.  Mr. Ziltz pointed out the current failure of the Village zoning district because the only development in this zone is residential with very little commercial development being proposed.  Mr. Ziltz moved, seconded by Mr. Jones, to deny adoption of the Zoning Ordinance amendment to 195-122, Buffering.  Motion failed with Mrs. Zimmerman, Mr. Millard, and Mr. Hoffman voting against. 

 

Mr. Millard moved, seconded by Mrs. Zimmerman, to adopt the Zoning Ordinance amendment to 195-122, Buffering, with the removal of the words “between any residential and nonresidential use located” in Article XIX, Section195-122.C.(6).  Motion failed with Mr. Jones, Mr. Ziltz, and Mr. Hoffman voting against.

 

Mr. Millard moved, seconded by Mrs. Zimmerman, to adopt the Zoning Ordinance amendment to 195-122, Buffering, as presented.  Motion passed with Mr. Ziltz and Mr. Hoffman voting against.

 

NEW BUSINESS

 

Consent Items.  The discussion of the consent items centered on the rezoning request, which is to expand the commercial zone at the corner of Manor and Rt. 22 back to Sunset Dr.  Mrs. Zimmerman moved, seconded by Mr. Ziltz, to approve the following consent items:

 

Fire Hydrant Application – Clover Hill Development, on Bretz Dr. +/-210 feet east of Hershey Rd.

Set public hearing date of September 15, 2003 for Rezoning Request #2003.02 Estate of Josephine Fenice

Release of Security of $76,486.72 for BVM Lodging/Ramada Limited, leaving a balance of $22,513.28

 

Motion passed unanimously.

 

Consideration of Short Street Sewer Project.  Currently the sewer line ends at the entrance to Skyline Commons Park.  A homeowner has made a request to extend the sewer line further down on Short St.  No needs survey has been completed.  It appears a pump station would have to be installed at the bottom of the hill.  The Supervisors must approve all expansion plans of the sewer system.  The consensus of the Board was to send a letter to all the Short St. residents inquiring their need for public sewer.

 

Ordinance 2003-13 – General Code Amendment Chapter 148-302.2, 302.2.1, Property Maintenance.  This amendment is presented in its’ final form and is ready for a public hearing scheduled for August 18, 2003.

 

Wells Drive, Bolton Drive and Slate Ridge Road – Sewer Survey Report.  The results of the needs survey were reported.  The general rule of thumb is if 25% of those surveyed have problems then the area should be serviced.  No wells have been tested in the area and the SEO has not been contacted to review those reporting problems.  If service were provided to the area an augmented 537 plan would have to be completed.  Mr. Millard moved, seconded by Mr. Ziltz, to authorize the Township Manager to solicit proposals from HRG, Gannett Fleming, and CET, to perform the scope of work for the Act 537 plan.  Motion passed unanimously.

 

Ordinance 2003-12 – Zoning Ordinance Amendment 195-10, Towers.  The Board discussed and made corrections to the Ordinance as a result of the public hearing.  Mr. Millard moved, seconded by Mr. Ziltz, to adopt the Zoning Ordinance Amendment 195-10, Towers, as presented with the following changes:

1.      Identifying low power as approximately 100 watts.

2.      Identifying the setback, minimum distance between the base of structure and any property line, for all towers as the distance of the fall zone as determined by an engineering statement plus 10 feet.

3.      Removing any other setback requirement

Motion passed with Mrs. Zimmerman voting against.

 

Ordinance 2003-04 – General Code Amendment Chapter 67, Animals.  As a result of the public hearing the Board discussed several changes to the proposed ordinance.  Mr. Ziltz moved, seconded by Mrs. Zimmerman, to adopt the General Code Amendment Chapter 67, Animals, as presented with the following changes:

1.      The definition of livestock should be amended to add “and other similar animals”

2.      The definition of domesticated pets should be changed to read, “Any animal domesticated and kept as a household pet under the owner’s control.”

3.      New section 67-8 should be deleted in its’ entirety.

Motion passed unanimously.

 

CORRESPONDENCE

 

#3.  Mr. Rimer has contacted the Township Engineer to review the proposal to dump fill on Township land.

 

#5, 6.  Mr. Rimer has forwarded to Dr. Hasson the information that there is no money available for the Piketown Rd. project.  There was discussion about the legislation allowing the turn-back of Piketown Rd. to PennDot who would then perform the improvements to the road that are currently the responsibility of CD School District.  Due to the length of time for processing Highway Occupancy Permits, this may be a greater obstacle to completion of the road.

 

#7.  Mr. Rimer reported that he is meeting with Solicitor Yost and Engineer Brulo on the matter of the Pilot improvement guarantee reduction on Tuesday.

 

#14.  There was some confusion about Mr. Tocterman having a second meeting with the Fire Company.  Mrs. Zimmerman recommended that an audit be performed on the Fire Company.  There was discussion about the funds and the possibility of mixing this matter with the fire services study. 

 

OTHER BUSINESS THAT MAY COME BEFORE THE BOARD

 

Mr. Rimer reviewed the complaint form provided in the workshop packet.  The Supervisors should be completing the form to register complaints and encouraging residents to do the same so they can be properly investigated. 

 

Mr. Millard reported, in reference to the “Town Center” concept, that he has contacted Harrison Bink, the Architect who was awarded the contract to review the Municipal Building for possible expansion.  Mr. Bink agreed to meet with Mr. Millard to tour Lenker Park as a possible alternative site to expansion of the Municipal building.  Mr. Ziltz questioned the appropriateness of the request for a special meeting with Mr. Bink in view of the current process of updating the Comprehensive Plan and also starting the process of evaluating the Municipal Building to address the need for more room for Township staff and programs.

 

Mr. Ziltz commented on the report of Building Permit fee reductions for school construction projects from Central Dauphin Schools in other townships.  With this report he hoped that the issue would be put to rest.

 

Mr. Rimer remarked on a newspaper article about churches being exempt from zoning regulations.  At the time of the passage of the law, the Township contacted both state and federal legislators to voice their reasons against the law.  He felt in light of current development within the Township the article was of interest.

 

PUBLIC COMMENT

 

Mary Ann Yahn, 325 Piketown Rd.  Ms. Yahn complained about the condition of her pond next to the new sewer line and pumping station.  No work has been completed on returning the area to its original condition.  Mr. Ziltz advised that the DEP and Army Corps of Engineers would be visiting the site on Thursday because it was a federal permit to work within the wetlands.

 

Neil Shatto, 1452 Mumma Rd.  Mr. Shatto questioned if there is a failure of a tower, now that the ordinance has passed, who is responsible for any injury or death.  Solicitor Yost recommended that the Board not take any public position on the issue.  A copy of the full amendment would be available tomorrow.

 

Linda Turns, 8000 Rabbit Lane.  Ms. Turns objected to the delay in voting on the Ordinance amendments till later in the meeting.  She feels they should be voted on immediately after the hearing.  The vote on the two amendments later in the meeting was stated in the agenda and announced at the time of the hearing.  She also felt the votes on the buffering amendment was terrible and didn’t need to be done.

 

SUPERVISORS COMMENTS

 

Mrs. Zimmerman.  Mrs. Zimmerman reiterated her desire for local police coverage in light of Mrs. McCahan’s report at the last meeting, the recent break-in’s at Subway and Jo-Jo’s, and the prostitution at the truck stops.  She also feels that the Township needs to develop a transportation ordinance in light of increased development and the High School coming to the Township.  She asked that the smoking bucket be removed from the front of the building.

 

Mr. Jones.  Mr. Jones requested we schedule only one hearing a night.

 

ADJOURNMENT:  10:40 PM