WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS

7171 ALLENTOWN BOULEVARD, HARRISBURG, PA  17112

TUESDAY, SEPTEMBER 2, 2003

 

 

CALL TO ORDER – 7:00 p.m.

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

 

Linda Turns, 8000 Rabbit Lane.  Ms. Turns commented on the recent newsletter sent out from the Township.  She feels the format should be changed somewhat to incorporate the use of bullets to highlight items.  Sections should also be included on recent Board decisions, Planning Commission recommendations, and ordinances passed.

 

Joe Uram, 7425 Jonestown Rd.  Mr. Uram commented on the Mapleton Grove development.  It is not a Village type development that the Township should encourage.  The development is completely landlocked.  There should be fewer buildings and should encourage more open space.

 

Don Steinmeier, 11 N. Fairville Ave.  Mr. Steinmeier asked about the Central Dauphin workshop.  Chairman Jones stated that no plans have been made but that the meeting would probably be held as a workshop on the second Monday of the month.  Mr. Steinmeier also inquired whether an inventory is maintained on equipment in the township.  An inventory is maintained, at this time primarily for insurance purposes.

 

PRESENTATIONS/STAFF – BOARD REPORTS

 

Eric Naguski - Entomologist/West Nile Coordinator - Dauphin County Conservation.  Mr. Naguski did not attend the meeting.  Mr. Rimer reported that several positive tests have appeared in the Township and the county wishes to spray for mosquitoes.  The general consensus of the Board was to delay the spraying until a presentation is made to the Board.

 

Jim Zeiters – Status on Comp Plan Schedule and Route 39 Corridor Study.  Mr. Zeiters reported on the Comp Plan progress.  There will be a Public Meeting on Wednesday, September 10 at 7 PM.  The plan will then be forwarded to the County Planning Commission.  The Township Planning Commission will review the final plan at its meeting in October and then forward it to the Board for adoption.  On the Route 39 corridor study, there are 2 open houses and public meetings scheduled: September 11 at Linglestown Junior High School, and September 17 at the East Hanover Township Municipal building. 

 

PUBLIC HEARING/MEETING.  None.

 

 

APPROVAL OF MINUTES

Workshop meeting – August 18, 2003.  Mr. Ziltz moved, seconded by Mrs. Zimmerman, to approve the workshop meeting minutes as presented.  Motion passed unanimously.

 

Regular meeting – August 18, 2003.  Mr. Ziltz moved, seconded by Mr. Hoffman, to approve the regular meeting minutes as presented.  Motion passed unanimously.

 

TREASURER’S REPORT               (· Need Approval)

Mr. Millard read the Treasurer’s report:

 

General Fund Balance as of Aug. 29, 2003                                                       $951,966.76

Total Liquid Fuels Balance as of Aug. 29, 2003                                                $585,687.11

 

Mr. Millard identified the following prepaid expenditures:

 

Payroll, August 22, 20023           Net:  $19,488.52                      Gross payroll:  $27,494.51

Vouchers prepaid to meet due dates                                                                        $485.27

                                                Total prepaid expenditures                             $27,979.78

 

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

 

Vouchers to be approved                                                                                   $36,276.76

 

There were questions about the wireless telephone plans.  Each plan is appropriate for the usage by the department.  Mr. Rimer pointed out the vouchers for the computer hardware and software for the tax collector, which had previously been approved and budgeted by the Board.  Mr. Ziltz moved, seconded by Mrs. Zimmerman, to approve payment of the vouchers in the amount of $36,276.76.  Motion passed unanimously.

 

PLANNING COMMISSION REPORTS AND PLANS

 

Final SD/LD plan for Mapleton Grove, Tax Parcel 68-028-035.  Received time extension to October 31, 2003.  Action of BOS by Oct. 20, 2003 - TABLE

F/LD JoJo’s Pizza, Manor Drive, tax parcel 68-025-097.  Action by September 16, 2003.  Mr. Jim Cieri explained the history of several variances for parking.  The end result, with this plan, is there will be no additional paved parking.  For the JoJo’s Pizza, Frank Randazzo, owner, waiver request from the following sections:

 

1.      Section 173-11.A – Preliminary Plan Requirements

2.      Section 173-11.B(2)(bb) – Existing Contours

3.      Section 173-11.B(3)(f) – Stormwater Management Plan

4.      Section 173-11.B(3)(a) – Erosion and Sedimentation Control Plan

5.      Section 173-25.C(19) – Dedication of Additional Right-of-way

 

Mrs. Zimmerman moved, seconded by Mr. Millard, that the Board of Supervisors waive the above-mentioned sections of the West Hanover Township Subdivision and Land Development Ordinance.  Motion passed with Mr. Ziltz abstaining.

 

Mrs. Zimmerman moved, seconded by Mr. Millard, to approve the Final Land Development Plan #02.017, tax parcel #68-025-097, contingent upon:

 

1.      173-37.B(3) - Requesting in writing exemption from land dedication.

2.      173-15.C(2) - Approval of the sewage planning module or exemption by PADEP.

3.      173-15.C(19) - Addressing review comments.

4.      173-15.C(19) – Other items as determined necessary by the Township ordinances.

 

Motion passed with Mr. Ziltz abstaining.

 

F/SB Walnut Run, Rabbit Lane, tax parcel 68-020-022.  Mr. Rimer briefly reviewed the history of the project to date which calls for 18 single family homes on approximately 83 acres.  For the Walnut Run Final Subdivision Plan, Mrs. Zimmerman, seconded by Mr. Millard, hereby reaffirm the waivers granted by the Board of Supervisors during Preliminary Plan approval on August 19, 2002.  Motion passed unanimously.

 

Mrs. Zimmerman moved, seconded by Mr. Ziltz, to approve the Walnut Run Final Subdivision Plan, #03.004, tax parcel #68-020-002 contingent upon:

 

1.      Section 173-37 – Applicant shall pay a fee-in-lieu of land dedication.

2.      Article V – Improvement and Maintenance guarantees shall be posted.

3.      Section 173-15.C(19) – Addressing any outstanding review comments. 

4.      Section 173-15.C(19) – Addressing any other items as determined necessary by the Township ordinances.

 

Motion passed unanimously.

 

Albert J & Jeana M Zanetti, tax parcel 25-008-089 East Hanover/West Hanover Twp waiver of plan submission.  Only .76 acres of this plan are located in West Hanover Township with no land disturbance on this section.  For the Albert J. and Jeana M. Zanetti waiver request from Chapter 173, Subdivision and Land Development Ordinance, Mrs. Zimmerman moved, seconded by Mr. Millard, that the Board of Supervisors waive the West Hanover Subdivision and Land Development Ordinance.  Motion passed unanimously.

 

Mrs. Zimmerman moved, seconded by Mr. Millard, to approve the Albert J. and Jeana M. Zanetti Final Subdivision Plan, tax parcels #25-008-089 and 25-006–031, contingent upon:

 

1.      Copies of the recorded plan be sent to West Hanover Township.

 

Motion passed unanimously.

 

OLD BUSINESS

 

Project/Program Status Report.  Mr. Rimer reported that another inspection of Clover Lane was held today.  The guardrail needed is on order.  The report and recommendations for the permit tracking system should be ready for the September 15, 2003, meeting.

 

Consideration of Short Street Sewer Project.  Only two surveys have been returned to date.  This item was tabled until more surveys are returned.

 

Schedule Workshop with Central Dauphin School District.  The representatives from Central Dauphin who were to appear at this meeting have postponed until September 15, 2003.  Mr. Eric Bugaile, author of the legislation, assured Mr. Rimer the intent was for the Township to request a swap of Green Hill Rd. for Piketown Rd.  The letter to Dr. Hasson, about the requirement of completion of the road before occupancy of the school, will follow the September 15, 2003, meeting.

 

NEW BUSINESS

 

Consent Items.  There was a great deal of discussion about the wisdom of having 2 hearings on one night.  Mr. Gary Hoffman gave a brief review of the rezoning request of 7320 Sleepy Hollow Rd.  Mr. Millard moved, seconded by Mrs. Zimmerman, to approve the following consent items:

Set Public Hearing Date - Rezoning Request – 7320 Sleepy Hollow Road - 10-6-03

Set Public Hearing Date - Conditional Use Request – Cumulus Media - 10-6-03

Sewage Module approval – Alexander East & West

 

Motion passed unanimously.

 

Release of Security – Pilot Travel Center.  Mr. Millard moved, seconded by Mrs. Zimmerman, to deny the release of security for the Pilot Travel Center.  Motion passed unanimously.

 

Review and Consider Award of Bid for Activity Space Rental.  Mr. Rimer reviewed the sole response to the RFP for activity space.  Mr. Rimer also expressed concerns with some issues not addressed in the response.  Mr. Bob Stammel, Vice Chairman of the Parks and Recreation Board, addressed the Board on the immediate need for this activity space.  Mr. Ziltz pointed about 3 hot button issues: janitorial, security, and termination of the lease.  He feels the janitorial and security issues can be worked out with the Funeral Directors Association.  The termination section does need to be negotiated further.  Mr. John Erickson, Executive Director of the Funeral Directors Association, stated the RFP came as a surprise to his organization as he felt it contained several “poison pills”.  Mr. Millard stated he felt the proposed contract committed too much money and wanted the Board to make a firm commitment to a new building to house Park and Recreation activities.  Both Mrs. Zimmerman and Mr. Jones felt that a new facility would be completed in approximately 5 years and this rental facility would fill the gap in the interim.  The consensus of the Board was to move forward and asked that Solicitor Yost and Manager Rimer meet with the Funeral Directors Association to negotiate an acceptable contract by the next meeting.  Solicitor Yost recommended that a member of the Board join in the negotiations.  Mrs. Zimmerman volunteered to join the meeting.

 

 

Authorize Joint Bid with Lower Paxton Township for 2003 – 2004 Road Line Painting.  Mr. Rimer reported that in past years the Township has joined with Lower Paxton to issue a joint bid for line painting.  Mr. Harman, Roadmaster, has developed the list.  There was some discussion on why certain streets have one yellow line and others have two.  Mr. Ziltz moved, seconded by Mrs. Zimmerman, to authorize the Township to join with Lower Paxton Township for a joint bid for line painting.  Motion passed unanimously.

 

Authorize Sale of Truck #8.  Mr. Ziltz moved, seconded by Mr. Millard, to authorize the public sale of Truck #8.  Motion passed unanimously.

 

Mutual Release Proposal – D. Niland and D. Steinmeier – Case Summary Report from Township Manager.  Mrs. Zimmerman requested a summary of the case and a public announcement of the conditions of the release.  Mr. Jones explained that the action was brought against the Township by Mr. Niland and Mr. Steinmeier to stop the sale of the Swatara sewer capacity.  The negotiated settlement involves the Township paying $1,000 towards the attorneys’ fees to settle the matter in addition to the Board rescinding its motion made several years ago to sell the capacity to Lower Paxton Township.  Mrs. Zimmerman objected to using taxpayers’ money to pay fees of the individuals suing the Township.  Solicitor Yost agreed with Mrs. Zimmerman, however the issue has dragged on for years and this is a method to clean up the litigation.  Mr. Ziltz stated the issue was basically dead because Lower Paxton withdrew its purchase offer.  He felt it was the right action however executed the wrong way.  He stated the more he learns about the issue, selling the capacity was the right thing because it will cost triple to actual use the capacity than the money the Township already has into it.  Mr. Hoffman stated that with Mr. Steinmeier’s prior experience on the Board, he should donate the $1,000 settlement to the Township.  Mr. Millard moved, seconded by Mr. Jones, to authorize the settlement of the outstanding legal action of D. Niland and D. Steinmeier.  Motion passed with Mrs. Zimmerman and Mr. Hoffman voting against.  Mr. Jones stated he voted for the motion to simply get this thing behind us.

 

Review – 2004 Budget Activity Calendar.  Mr. Rimer reviewed the schedule of budget activities for the next few months.  This details staff, volunteer, and Board activities and deadlines.

 

CORRESPONDENCE

 

Mr. Rimer pointed out the Dauphin County Association of Township Supervisors annual meeting.  The following individuals expressed interest in attending: Mrs. Zimmerman, Mr. Millard, Mr. Jones, Mr. Ziltz, and Mr. Hoffman. 

 

Mr. Ziltz questioned the Act 14 permit.  This is the first anyone at the Township has seen this particular application.

 

Mr. Jones announced the informational meetings for the Act 50 referendum.

 

OTHER BUSINESS THAT MAY COME BEFORE THE BOARD

 

Mrs. Zimmerman requested the Township investigate possible dates for a Christmas Party.

 

PUBLIC COMMENT

 

Don Niland, 6916 Devonshire Heights Rd.  Mr. Niland addressed the Board about the lawsuit stating that the discussion has never been public before, only in executive session.  The lawsuit was initiated to have the motion to sell the capacity rescinded.  He questioned why it took the Township two years to respond.  Mr. Niland stated that no deadline was stated in the last letter, which was sent on his request not Mr. Steinmeier.  Mrs. Zimmerman responded that the last letter had a deadline date of May 7, 2003, to respond.  Mr. Niland restated that the lawsuit was initiated in order to rescind the motion for the sale and that no one has done the studies to prove the capacity has no value now or in the future.  Mrs. Zimmerman stated that all her actions were for the good of the Township, that some residents did not want future growth and by selling the capacity it would have secured that end of the Township for no growth at this time.  She stated the lawsuit was never discussed in public before because the Township was never going to use taxpayer’s money to pay Mr. Niland’s part of the lawsuit.  Mr. Niland stated there was no hidden agenda in this matter and what he did was right.  He asked why the Board did not simply rescind the motion 2 years ago and the matter would have been ended.  Solicitor Yost state the option was never given to the Board that the suit would be withdrawn if the motion was rescinded.  There were always fees, over $4,000, associated with any settlement proposed.  Mr. Niland again restated that 2 years ago if the motion had been rescinded there would have been no cost to the Township.

 

Don Steinmeier, 11 N. Fairville Ave.  Mr. Steinmeier also addressed the lawsuit issue by stating he took a stand on behalf of the taxpayers to protect the investment of $1.2 million in a sale of $650,000.  He felt the taxpayers would have been the losers in the sale.  Mrs. Zimmerman stated the capacity is only worth what someone will pay for it, the Township could only sell to entities involved in the contract, and Lower Paxton was the only one interested in purchasing it.  Mr. Steinmeier stated the Board should be looking forward to the future.  Mrs. Zimmerman stated she wanted the Township to stay rural and unique.  Mr. Steinmeier then addressed the issue of a police force in West Hanover Township.  He thinks the Board should examine the cost-effectiveness of regionalization perhaps with Lower Paxton Township.  Mrs. Zimmerman stated that the House has passed Municipal Police start-up funds that would be available to the Township.  Mr. Steinmeier suggested the issue be reviewed in the newsletter and/or a public hearing to get resident comments.  Mr. Steinmeier addressed the activity center.  He reminded the Board that the 62 acres purchased at the Sewer plant was with the idea of housing a new administration building, community center, and public works facility. 

 

Dixie Fesig, Park and Recreation Coordinator.  Ms. Fesig announced a bus trip the next day.  She also informed the Board of a fundraiser for the Four Diamonds Fund scheduled at Skyline Commons Park on September 20.  This is to be a contest of acoustic rock bands.  There will be an admission charge and sale of CD’s.  The Park and Rec Board approved the request but required adult supervision.  Ms. Fesig also discussed the recent vandalism at Skyline Commons.  Local residents have volunteered to lock gates at night if the Township provides gates at the two entrances.

 

SUPERVISORS COMMENTS

 

Mr. Millard.  Mr. Millard requested Sonitrol make a presentation to the Board on the door lock card system.  He also questioned the status of the manhole on the Sinkovitz property.  Mr. Millard also addressed the issue of enforcing ordinances.  He felt that some enforcement could be done by the Codes Administrator without a written complaint.  Mr. Millard moved, seconded by Mrs. Zimmerman, to develop a policy specifying which violation are handled by the codes ordinances and which are handled by written complaints.  Motion passed unanimously.

 

 

Mr. Jones.  Mr. Jones addressed the issue of utilizing the Swatara capacity to make money by taking back the customers in Westford Crossing who are currently making their payments to Lower Paxton Township.  There was discussion on the amount of money that could be made and whether this would be Township administration and funds or Water and Sewer Authority.  Mr. Yingst has purchased the last property that was affected by the original agreement.  He has decided to pump from his development to his other development and then to the Township plant.  Mr. Ziltz questioned whether the Intermunicipal agreement addresses the issue of conveyance in addition to the capacity.  Mr. Jones moved, seconded by Mr. Millard, to put the issue of taking back West Hanover Township residents who are customers of Lower Paxton Sewer Authority on the project list and start moving forward with it.  Motion passed with Mr. Ziltz voting against.  Mr. Jones asked about the car lots parking almost on the street.  Mr. Rimer responded that the Zoning officer is addressing the matter.  He also reported the weeds at McClure Roofing were growing approximately 4 feet high. 

 

ADJOURNMENT:  9:35 PM.