WEST HANOVER TOWNSHIP BOARD OF SUPERVISORS
7171 ALLENTOWN
BOULEVARD, HARRISBURG, PA 17112
MONDAY, OCTOBER 6, 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
PUBLIC COMMENT
Jim Zeiters, 204 Glenview. Mr.
Zeiters addressed the issue of the caboose.
State grant money was used to refurbish the caboose and it may have
stipulations for a sale of the caboose.
He recommended the Board investigate before deciding on a sale of a
donation. Solicitor Yost will research
the issue.
Gary Dunsworth, 7601 Morningstar. Mr.
Dunsworth addressed the issue of renting activity space for Parks and
Recreation programs. He questioned the
wisdom of spending over $30,000 a year for space instead of building a new
building at a smaller mortgage payment on an annual basis. He is on the Board of Mountainview Swim Club
and presented an alternative by utilizing land near the pool and Lenker
Park. Mr. Jones explained the programs
are expanding and the space is needed immediately. A study is underway to expand the current Municipal or build a
new building. Mr. Dunsworth reported
the Swim Club is financially healthy and has plans for expansion including a
new lap pool and a new handicapped pool.
Neil Shatto, 1452 Mumma Rd. Mr. Shatto
addressed the hearing for Cumulus Media.
He questioned whether this is a principle use or an accessory use. The Zoning officer will make this
determination when the land development application is filed.
Donald. Snow, 7337 Appalachian Trail. Mr. Snow
questioned the 3-mile window presented by Cumulus Media. The proposed site is not in the center of
the window.
SUPERVISORS COMMENTS. None at this time.
PRESENTATIONS/STAFF – BOARD
REPORTS
Key
Card Door Locks-Keith Schneider, Sonitrol Security Systems. Mr. Schneider presented the Board with
information on an access control system utilizing either a card or key
fob. They would be programmed through
the central station. Each card or key
fob would be individually programmed for access. The use of the card or key fob would automatically disarm the
security system. There would be a
separate monthly charge in addition to the current security system charges from
Sonitrol
PUBLIC HEARING/MEETING:
Zoning Map Amendment Request- #2003-1-Nelson
Property. Please see transcript. Mrs. Zimmerman moved, seconded
by Mr. Millard, to approve the Zoning Map Amendment request for tax parcel
#68-007-113 from C (Conservation) to R-1 (Low Density Residential) according to
the application and testimony given at the public hearing. Motion passed unanimously.
Conditional
Use Hearing #2003.01 - Cumulus Media Radio Tower – Conservation District. Please see
transcript. There was a question about
the determination of the 3-mile window.
This usable window was determined by an engineering consulting
firm. Mrs. Zimmerman clarified that she
voted no to the amendment. Mr. Millard moved, seconded by
Mr. Ziltz, to approve the Conditional use Application of Cumulus Media for a
radio tower at 7483 West Appalachian Trail, Tax Parcel #68-008-020 with the
following conditions:
1.
When
the present occupant, Hazel Werner, vacates the home on the property the
residence will no longer be rented or occupied.
2.
The
landscaping of the tower facility will be level 3 screening around the
perimeter of the tower.
3.
The
facility will meet all Township ordinances where applicable.
Motion passed with three in
favor and Mrs. Zimmerman and Mr. Hoffman voting against.
APPROVAL OF MINUTES
Workshop
meeting – September 15, 2003. Mrs. Zimmerman moved,
seconded by Mr. Ziltz, to approve the workshop minutes as presented. Motion passed unanimously.
Regular
meeting – September 15, 2003. Mrs. Zimmerman moved,
seconded by Mr. Ziltz, to approve the meeting minutes as presented. Motion passed unanimously.
TREASURER’S REPORT
Mr. Millard
read the Treasurer’s report:
Mr.
Millard identified the following prepaid expenditures:
Vouchers prepaid to meet due
dates $1,271.48
Total prepaid expenditures $57,221.64
Mr. Ziltz moved, seconded by Mr. Hoffman, to approve
the prepaid expenditures in the amount of $57,221.64. Motion passed unanimously.
Vouchers
to be approved $81,257.88
Mr.
Rimer requested deferring the JMT invoice of $6,000 to the next meeting. Mr. Jones requested a report on the income
from accounts at Fulton Bank to compare with the expenses of the accounts. Mr. Ziltz moved, seconded by
Mr. Jones, to approve payment of the vouchers in the amount of $75,257.88,
excluding the $6,000 for JMT. Motion
passed unanimously.
PLANNING COMMISSION REPORTS AND PLANS
#03.018 Bradford Estates III, IV, V & VI. Richard Yingst applicant/owner.
Mr. Greg Adams represented Richard Yingst, the applicant/owner. Mr. Adams reported on some modifications
made in order to preserve a specimen oak tree.
Mr. Jones questioned the ownership of Open Space D. A Homeowners Association typically owns the
Open Space in a development. Mr. Jones
also questioned the ownership of adjoining land. There is no land dedication for this project; they are paying
fees-in-lieu-of the land dedication. Mr.
Millard moved, seconded by Mr. Jones, to table action on the final subdivision
plan for Bradford Estates, Phases III, IV, V, and VI to allow the applicant to
research and verify the ownership of adjoining property owners and
consideration of an easement along the property for a pedestrian path. Motion passed unanimously.
#03.015 P/SB Brynfield IIIA. Richard Yingst applicant/owner.
Mr. Ziltz excused himself from the deliberations on both the preliminary
and final subdivision deliberations.
This is the last remaining portion of Brynfield and was originally
planned as a congregate care facility, however those plans have been
changed. . The property will now be 16 duplexes on a one-way loop street. For the Brynfield Phase IIIA Preliminary Subdivision
Plan waiver requests from the following Sections:
1.
Section 173-13.B(32) – Clear sight triangles for driveways
2.
Section 173-25.F(2) – Pavement design
3.
Section 173-25.F(10) – Vertical Curbs
4.
Section 173-13.C(11) – Traffic Impact Study
5.
Section 173-27.B(2) – Sidewalk Placement
6.
Section 173-15.B(10) – Adjoining property names
Mrs. Zimmerman moved, seconded by Mr. Millard, that the Board of Supervisors waive the West Hanover Township Subdivision and Land Development Ordinance sections so noted. Motion passed with four in favor and Mr. Ziltz abstaining.
Mrs. Zimmerman
moved, seconded by Mr. Millard, to approve the Brynfield Phase IIIA Preliminary
Subdivision Plan, #03-015, tax parcel #68-030-024 contingent upon:
1. Section
173-13.C(1) - Approval of the erosion and sedimentation control plan by DCCD.
2. Section
173-33.H(3) – Approval of the sanitary sewer connection by Township Water and
Sewer Authority.
3. Section
173-13.B(35) - Addressing any outstanding review comments.
4.
Section 173-13.B(35) - Other items as determined
necessary by Township Ordinances.
Motion passed with four in favor and Mr. Ziltz abstaining.
#03.016 F/SB Brynfield IIIA. Richard Yingst applicant/owner.
For
the Brynfield Phase IIIA Final Subdivision Plan waiver requests from the
following Sections:
7.
Section 173-15.B(29) – Clear sight triangles for driveways
8.
Section 173-25.F(2) – Pavement design
9.
Section 173-25.F(10) – Vertical Curbs
10.
Section 173-15.C(11) – Traffic Impact Study
11.
Section 173-27.B(2) – Sidewalk Placement
12.
Section 173-15.B(10) – Adjoining property names
Mrs. Zimmerman moved, seconded by Mr. Millard, that the Board of Supervisors waive the West Hanover Township Subdivision and Land Development Ordinance sections so noted. Motion passed with four in favor and Mr. Ziltz abstaining.
Mrs. Zimmerman
moved, seconded by Mr. Millard, to approve the Brynfield Phase IIIA Final
Subdivision Plan, #03-016, tax parcel #68-030-024 contingent upon:
1. Section
173-15.B(16 – 19) – Plan signatures, certifications and notarizations required.
2. Section
173-15.C(1) - Approval of the erosion and sedimentation control plan by DCCD.
3. Section
173-16.C – Posting of Improvement Guarantees and execution of Development
Agreements.
4. Section
173-33.H(3) – Approval of the sanitary sewer connection by Township Water and
Sewer Authority.
5. Section
173-15.B(32) - Addressing any outstanding review comments.
6.
Section 173-15.C(19) - Other items as determined
necessary by Township Ordinances.
Motion passed with four in favor and Mr. Ziltz abstaining.
OLD BUSINESS
Project/Program Status Report. There was a question about the relocation of
Fairville Ave. as part of the Exit 77 project.
There are no plans for relocation of Fairville Ave. at the Public Works
building however there will be a regrading of Route 39 in that area. This will provide for more controlled access
to the building entrance.
#2003.02 Rezoning Request –
Estate of Josephine Fenice/owner, Mark Fenice/applicant, SW corner of Manor
Drive & Route 22. This item was
tabled after the public hearing on September 15, 2003. There was discussion of rezoning a portion
of lot 3 to Commercial Highway, leaving the property bordering Sunset Dr.
R-3. Mr. Fenice requested a change for
all the parcels to avoid the high density of an R-3 zone. This is what both he and the neighbors want
to avoid. He also reported that he has
had discussions with a medical office building proposed for the site. Mr. Jones stated he was voting for the
zoning change based on Mr. Fenice’s word that the property would be used for an
asset to the Township, not a gas station or fast food franchise. Mrs.
Zimmerman moved, seconded by Mr. Millard, to approve the Zoning
Map Amendment request from the Estate of Josephine Fenice, Hillcrest Ave., for
tax parcels #68-033-051, 68-033-004, and 68-033-003 from a mixture of both
Commercial Highway and R-3 Residential (High Density Residential) to complete
Commercial Highway. Motion passed with
three in favor, Mr. Ziltz voting against and Mr. Hoffman abstaining.
Authorization to Purchase Permit tracking system. Mr. Rimer reported he has not received the complete information and wishes to table this item.
NEW BUSINESS
Consent
Items. Mr. Ziltz moved, seconded
by Mrs. Zimmerman, to approve the following consent items:
1. Conference Attendance Authorization, Section
607.4 for
a. Michael Rimer – “It’s
Easy to be Green”, APMM, Landisville, Friday, Nov. 7, 2003, cost $35.
b. Mary Ann Kelemen – PA
State Tax Collectors Association Annual Convention, Greensburg, October 17-18,
2003, Registration-$125, Lodging-$160 plus tax.
2.
Schedule Public Hearing date of 11-17-03 at 7:30 p.m. for Comprehensive
Plan Update Approval
Motion passed unanimously.
Consent to Hire Public Works Employee. Mr. Harmon has completed the interviews for the available
position and recommends Mr. Rothenberger.
Mrs. Zimmerman asked in the future the candidates resume be presented to
the Board. Mr. Ziltz moved,
seconded by Mr. Hoffman, to authorize the hiring of Thomas Rothenberger as a
full-time Public Works employee at salary level H-3 Step 1. Motion passed unanimously.
Award Bid for Micro-surfacing of Westford Crossing
Development. There was some miscommunication between the
Township Engineer and PennDot. PennDot
requires that micro-surfacing be completed before September 30 not October 31. Therefore this project cannot be completed
this fall, it will have to be put off to the spring. The Board must either reject all the bids and re-bid in the
spring or accept the bid with an altered start date of May 1. Mr. Rimer also reported that only one bid
was received which was a disappointment.
Mr. Ziltz moved, seconded by Mr. Hoffman, to reject all bids for
the Micro-surfacing of Westford Crossing Development and re-bid the project in
the spring with a start date of May 1.
Motion passed unanimously.
Award Bid for Jonestown Road Land Sale (Option A or
Option B). Mr. Rimer reported that two bids were
received for each option. He
recommended awarding the bid for Option A to Mr. Pravin Patel at a cost of
$125,000. The Board discussed the two
options, access to the plots, and the need to retain land as a part of the
greater Township property at the site. Mr.
Jones moved, seconded by Mr. Ziltz, to reject all bids for Option A. Motion passed unanimously. Mr. Jones moved, seconded by Mr.
Ziltz, to accept the high bid of $150,000 from Mr. Pravin M. Patel for Option
B. Motion passed unanimously.
Motion to Rescind Sale of Swatara Township Sewer
Capacity. Mr. Ziltz moved, seconded by Mr.
Millard, that the motion made by the West Hanover Township Board of Supervisors
at the meeting of May 7, 2001, approving the agreement for the sale of West
Hanover Township’s reserved capacity in the Swatara Treatment Plant to the
Lower Paxton Township Authority, is hereby rescinded in its entirety. Motion passed with three in favor and Mrs.
Zimmerman and Mr. Hoffman opposed.
Finding “New Home” for Caboose. Mr. Rimer reported he has received 10 to 12 inquiries as a result
of the article in the newspaper. He
asked for the Board’s wishes in either selling the caboose to a private owner
or having the caboose go to a public entity.
The Board agreed to table the item until research is completed on any
restrictions of the state grant used to refurbish the caboose.
Resolution 2003-48 – Fireman’s Relief Association
Release of Funds. This is the annual transfer
of funds received to the Firemen’s Relief Association. Mr. Millard moved, seconded by Mr.
Ziltz, to approve Resolution 2003-48, Fireman’s Relief Association Release of
Funds in the amount of $45,071.58.
Motion passed unanimously.
Weight Limit Study, set Public Hearing date of
11-03-03 or 12-01-03 for Ordinance 2003-15, Right Turn prohibited. Township Engineer Al Brulo presented the final Weight Limitation
Study for Jonestown Rd. He recommends
no right turn permitted for traffic moving south of Rt. 39 turning right onto
Jonestown Rd. Once an ordinance
authorizes this recommendation the State Police can enforce it. He also recommends posting Jonestown Road at
a weight limit of 30 tons. A fully
loaded tractor-trailer truck weighs approximately 40 tons. A follow-up to the weight limit is the
issuing of permits for trucks weighing more than the posted 30-ton limit. The permit can be issued to a specific truck
or to a facility or property owner who is responsible for the trucks entering
and exiting his facility. The State
Police have scales for use in enforcement of the weight limit. Mr. Yost suggested cooperative efforts with
other municipalities, such as Derry Township and Lower Paxton, who have a team
who weigh trucks. Mr. Ziltz
moved, seconded by Mr. Hoffman, to accept the final Weight Limitation Study
completed for Jonestown Rd. Motion
passed unanimously. Mr. Ziltz moved,
seconded by Mrs. Zimmerman, to authorize a public hearing on Dec. 1, 2003, for
amendments to the Township Vehicle and Traffic Ordinances. Motion passed unanimously.
CORRESPONDENCE
Mr. Jones addressed the letter from Bill Weaver, Lower Paxton Township,
on the engineering of the Wet Weather Treatment plant.
Mrs. Zimmerman noted the letter the excessive noise at the Dermody property. She reported more problems at the
McDonalds. The stop sign is down and
trucks are flying through the intersection.
Solicitor Yost pointed out the form on the litigation with Medco Health
Solutions. He advised completing the
paperwork.
OTHER BUSINESS THAT MAY COME BEFORE THE BOARD
Mrs. Zimmerman addressed the list of invitees for
the Township Christmas Party. The Board
agreed they want to invite everyone on the proposed list. Mrs. Zimmerman will update the section on
past Supervisors.
PUBLIC COMMENT
Ms. Maxine Schaffer, 135 Cedar Lane. Ms. Schaffer apologized for losing her temper at the last
meeting. She addressed the water
run-off from the new Yingst development going onto her land. There was discussion on the water run-off
and piping under Jonestown Rd. Mr.
Brulo addressed some concerns and invited Ms. Schaffer to his office to review
the files on the drainage and plans to address these concerns.
Linda Turns, 8000 Rabbit Lane. Ms. Turns addressed the difficulties of the audience both hearing
the proceedings at meetings and the Board providing adequate explanations of
the items under consideration by the Board.
She also questioned the status of the road running through the Fenice
property and the development of the land on the north side of the road. This would be addressed when a land
development plan is presented to the Township by the developers.
SUPERVISORS COMMENTS
Mr. Millard. Mr. Millard requested Solicitor Yost develop
a standardized agreement providing for easements for a ped path on top of
easements for existing sewer lines.
Mr. Jones. Mr. Jones asked about the status of the bid
for line painting. The bids are due on
October 17, 2003. He also questioned
whether the Township has received an application for a tower on Route 39. An application has been received in the
Zoning office. He asked about the
Agility program with PennDot. Mr. Rimer
will be asking Mr. Singleton to attend a Board meeting to report on the status
of the Agility program. There was some
discussion about liquor licenses with the reported Kokomo’s coming to the
Township.
ADJOURNMENT, 10:30 PM