South Hanover Township Board of Supervisors 111 West Third Street Hershey, PA Tuesday, July 14, 2009

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1 1 of 5 July 14, 2009 Call to Order: South Hanover Township Board of Supervisors 111 West Third Street Hershey, PA Tuesday, July 14, 2009 The South Hanover Township Board of Supervisors Tuesday, July 14, 2009 meeting was called to order at 7:33 p.m. Supervisors Present: Robert Cassel Chairman, Michael Spivey Vice Chairman, Edward Mimnagh Secretary, Dan Collins and Richard Cassel. Also Present: Penny Pollick Township Manager, John Davidson Township Solicitor, Connie Honeycutt Administrative Bookkeeper, Sue Aldinger Parks & Recreation Coordinator and Dana Youtz Secretary. Public Present: Stephen Slusser, Amanda Eshenour, Ed Carney, Tom Brumbaugh, John Reed, Sarah Hancock, Leonard Hancock, Steve Cordaro, Charles Junkins, Kermit Katzaman, Ronald Hughes, David Hogg, Aura Hill, Art Heilman, Ackley Peffley, Rex Welden, Jean Bolton, Deb Burkholder, Marlene Welden, Dave Swartz, Russ Palmer, Nathan Eshenour, Mahendra Singh and Diane McCormick. Approval of Minutes: Motion: A motion was made by Edward Mimnagh seconded by Dan Collins to approve the June 23, 2009 meeting minutes with corrections. A 4-0 vote was taken. Chairman Cassel was absent for this vote. Public Comment: Kermit Katzaman, 13 Harrogate Drive, stated that an individual has been going through the Township searching for salvage and wanted to make the Board aware of this activity because his boat and trailer were taken without permission. John Davidson stated the Board could draft a letter to the State Police notifying them of the situation. The Manager is to look over the current trash hauling contract with Penn Waste as they may be the only company permitted to collect trash in the Township. Steve Slusser, Township Fire Chief, stated that the deadline for the submission of the Casino Grant Application is September 1, Information will be provided to Penny Pollick and Rose Kays for preparation of the grant writing. Kermit Katzaman questioned the Fire Marshal if there are any areas in the Township where you cannot burn trash or brush. Steve Slusser stated that the details are defined on the burning permit; and to call the Township if he suspects any violations. Rex Weldon, 430 N. Hanover Street, questioned the possibility of installing a stop sign instead of a yield sign in order to slow the speeding traffic coming off of Rt. 39 onto N. Hanover Street. Ackley Peffley, 434 N. Hanover Street, provided the Board with photos and a diagram showing the distance from Rt. 39 to their properties. Vice-Chairman Spivey suggested that this matter be brought before the Public Safety Advisory Board for their recommendations in regards to the dangerous situation and the possibility of installing a stop sign.

2 2 of 5 July 14, 2009 Marlene Weldon, 430 N. Hanover Street, stated that it is virtually impossible, even with the convex mirror to back out of their driveway due to the speeding traffic. Vice-Chairman Spivey added that the State Police have been asked in the past to set up radar to try to deter this activity. Manager s Report: DISCUSSION WITH RON HUGHES ON THE POSSIBILITY OF ESTABLISHING A NOISE ORDINANCE Ron Hughes, 68 Hanshue Road, stated that he has lived in the Township for 34 years and questioned if the Township could establish a Noise Ordinance due to the harsh noise pollution that occurs as a result of the lawn maintenance performed at the Hershey Links Golf Course. Mr. Hughes spoke with the Manager of Hershey Links and Ken Gall of the Hershey Trust but received no satisfaction. Vice-Chairman Spivey stated that the matter would be looked into; if no resolution is found then the Board will consider a Noise Ordinance. DISCUSSION WITH LEONARD HANCOCK ON EGRESS AND DRAINING ISSUES RELATING TO 130 SHETLAND DRIVE Leonard Hancock, 130 Shetland Drive, referred to his letter dated July 7, 2009 and presented the Board with his formal request regarding the following issues: Access to and usage of certain areas of the paved road surface on Shetland Drive to park excavation equipment and construction vehicles during his proposed project. This project entails the removal of ten large trees, excessive brush and the re-contouring of the embankment for approximately 240 feet. An effort to improve site distance. An existing storm water drainage ditch along the Shetland Drive right-of-way is merely an excavated trench with limestone rip-rap that forms a swale. Due to the design of the trench, the runoff from the Ramsgate storm drop and connecting pasture area located at 126 Shetland Drive produces a ditch filled with silt and debris causing the water flow to be restricted. Mr. Hancock requested that the Township provide a more permanent and effective means of water drainage for this location. Motion: A motion was made by Richard Cassel seconded by Edward Mimnagh to authorize the Township Engineer to assess the drainage issue on Shetland Drive. A 4-0 vote was taken. Chairman Cassel was absent for this vote. Steve Cordaro, 2 Ramsgate Drive, former Township Engineer, offered possible alternatives for the design of the storm water drain including installation of a type M culvert off of Ramsgate Drive, hard pipe or line channels and hard paving on the downstream side. Mr. Cordaro stated that when the large oak tree is removed from the stream side of Shetland Drive it will leave a 4-5 foot vertical drop which will result in shoulder loss. Further discussion ensued and the Board of Supervisors noted the following conditions: determine any DCCD issues related to the proposed project project must not interfere with original road closure end time parking must be out of the ingress/egress of emergency equipment to access resident driveways permission to commence with project does not give relief from obligation to DCCD Motion: A motion was made by Richard Cassel seconded by Edward Mimnagh to authorize access to and usage of the paved road surface of Shetland Drive as needed for excavation equipment and construction vehicle placement and for the felling of 10 large trees. A 4-0 vote was taken. Chairman Cassel was absent for this vote. BUDGET REVIEW WITH ART HEILMAN Treasurer, Art Heilman, presented the Board with a General Fund Budget Review for the first 6 months of Upon comparison of 2008 to 2009 figures, Mr. Heilman offered the following conclusions: Revenue is close to budget but areas needing close monitoring are: 1. earned income tax receipts in August 2. trend of realty transfer tax 3. building permits Expenditures have been pushed higher by the following items -

3 3 of 5 July 14, purchase of a new salt truck in the amount of $130, the Township portion of the upgrade to Swatara Township Sewer Authority Treatment Plant in the amount of $123, The above noted expenditures along with last years land payment for $54, result in a $199, difference between the 2008 and 2009 figures. We have a high level of reserves to protect against surprises Richard Cassel brought up several items from the news that could affect the Township s budget in the future. Special thanks were given to Mr. Heilman by the Board of Supervisors for his presentation. Comments were made in regards to Township finances and are as follows: Budget has been monitored closely by Mr. Heilman s monthly reports we control our own budget pending reimbursement from Act 537 Plan collection of delinquent sewer payments Township has not raised taxes in 22 years Township has not raised sewer rates because of conservative spending, the Township has not felt the affects of the current economy DISCUSSION HOUSE BILL 1500 PAYMENT FOR STATE POLICE SERVICES Penny Pollick presented the Board with the House Bill 1500, State Police Municipal Patrol Act, which is proposing to charge a per capita fee for police services. John Davidson stated that the bill is temporarily buried at the House Rules Committee. A brief discussion ensued and the question was raised if there would be an increase in police service and enforcement if this bill goes into effect. Motion: A motion was made by Dan Collins seconded by Vice-Chairman Spivey to draft a letter to State Representative Marsico expressing the Township s displeasure with the context on House Bill 1500 and what little detail was contained within it. A 5-0 vote was taken. DISCUSSION ACT 32 COLLECTION OF EARNED INCOME TAX Penny Pollick informed Chairman Cassel and Mr. Collins of the impending TCC Delegate Appointment Meetings, however, she has not received any meeting date information as of yet. PROPOSAL C.M. HIGH TRAFFIC LIGHT PREVENTATIVE MAINTENANCE CONTRACT Penny Pollick presented the Board with the C.M. High proposal for the annual Traffic Light Preventative Maintenance Contract. Motion: A motion was made by Dan Collins seconded by Edward Mimnagh to approve the C.M. High Traffic Light Preventative Maintenance Contract for the sum of $1,6ll.00. A 5-0 vote was taken. REQUEST FROM TAX COLLECTOR TO WAIVE PER CAPITA TAX ON 3 DISABLED VETERANS Penny Pollick passed on the request made by Tax Collector, Tracy Cooper, to waive the per capita tax on three 100% disabled veterans. Motion: A motion was made by Dan Collins seconded by Vice-Chairman Spivey to authorize the exoneration of the per capita tax for the three disabled veterans who reside in South Hanover Township. A 5-0 vote was taken. Other Business from the Manager: Penny Pollick stated that an unplanned expense was incurred for two junk vehicles to be used at the Camp 911 event and suggested that the Township pay the $ fee from the General Fund. Motion: A motion was made by Dan Collins seconded by Edward Mimnagh to approve a payment of $ out of the General Fund to show appreciation to the Fire Department for their impressive work done at the Camp 911 event. A 5-0 vote was taken.

4 4 of 5 July 14, 2009 Solicitor s Report: COUNTRY INN & SUITES REQUEST FOR PENNDOT PERMIT SIGNATURES AND ACCEPTANCE OF EXISTING 15 STORMWATER PIPE John Davidson presented the Board with a letter in regards to the acceptance of the existing 15 stormwater pipe within the PennDOT right-of-way at the corner of Rt. 39 and Grandview Drive. Motion: A motion was made by Vice-Chairman Spivey seconded by Edward Mimnagh to approve and sign the letter noting that Country Inn & Suites will be responsible for maintenance of said pipe. A 5-0 vote was taken. REVIEW & SIGNING OF THE FINAL JOHN & CYNTHIA DROP LAND DEVELOPMENT PLAN & SIDEWALK AGREEMENT Motion: A motion was made by Vice-Chairman Spivey seconded by Edward Mimnagh to approve and sign the John & Cynthia Drop Final Land Development Plan and Sidewalk Agreement. A 5-0 vote was taken. REVIEW & SIGNING OF REQUEST MADE TO DEP FOR A PLANNING WAVIER & NON- BUILDING DECLARATION FOR THE FREDERICK & MARY LOUISE BRETZ PRELIMINARY SUBDIVISION PLAN Motion: A motion was made by Dan Collins seconded by Edward Mimnagh to approve and sign the DEP Planning Waiver & Non-Building Declaration as presented. A 5-0 vote was taken. Motion: A motion was made Edward Mimnagh seconded by Vice-Chairman Spivey to accept the Frederick & Mary Louise Bretz Subdivision Plan as a combined Preliminary/Final Plan on the condition that a 120 day time period will be allotted for plan review. A 5-0 vote was taken. Penny Pollick is to inform the Engineer that the plan will be submitted as a Preliminary/Final. Other Business from the Solicitor: John Davidson informed the Board that Cedar Shopping Center purchased an additional 1,100 gallon sewer capacity from DTMA to be used by the Starbucks Coffee Shop. Starbucks was never constructed, therefore, the 1,100 GPD capacity remains for the proposed Hershey Associates Dental Practice. Chairman s Report: DISCUSSION POSSIBLE ALTERATIONS TO PLACEMENT OF STOP SIGNS ON MAIN AND PENN STREETS Penny Pollick provided the Board with photos of two partially hidden stop signs that may be creating a hazard. Ms. Pollick pointed out that the white rail fence which runs along Ken Hahn s property blocks the view of the stop sign on West Main and Penn Streets. In addition, a clustering of tree branches blocks the view of the stop sign from the opposing direction. Ms. Pollick is to check with PennDOT as to what is the uniform code for height of stop signs and residents are to be informed of the trees being trimmed. A suggestion was made to paint stop lines at the intersection. JENNIFER TROWBRIDGE POSSIBLE APPOINTMENT TO THE PARKS & RECREATION BOARD Chairman Cassel presented a request made by Jennifer Trowbridge to be appointed to the Park & Recreation Board. Chairman Cassel stated that Ms. Trowbridge had been quite helpful with activities in the Township and was the inspiration for the successful Camp 911 event. Motion: A motion was made by Vice-Chairman Spivey seconded by Dan Collins to appoint Jennifer Trowbridge to the Park & Recreation Board. A 5-0 vote was taken. It was noted that of the two open positions, Jennifer Trowbridge is to be given the position with the longest term. Executive Session: AN EXECUTIVE SESSION WAS CALLED AT 9:25 P.M. TO DISCUSS PERSONNEL AND LEGAL MATTERS. THE BOARD RECONVENED AT 10:24 P.M.

5 5 of 5 July 14, 2009 Dan Collins questioned who would be responsible for a downed stop sign in a company s private parking lot. John Davidson stated that it is not the responsibility of the Township, but that of the person who ran over the stop sign. Vice-Chairman Spivey questioned if grant monies would be paid to the Township or will they be paid directly to Hershey Trust for the real estate purchased. Penny Pollick is to speak with Mr. Memmi at Dauphin County concerning this payment. Chairman Cassel commented on the letter submitted by Lower Dauphin School in regards to their request for a contribution to resurface their fields. Vice-Chairman Spivey stated that we are still waiting on a response from Brinjac Engineering in regards to the Act 537 Plan. Further discussions ensued regarding the problems associated with removing the large oak tree from Shetland Drive and the severe drop off that will remain. Penny Pollick is to notify the Engineer of the situation. Approval of Payroll and Invoices: Motion: A motion was made by Edward Mimnagh seconded by Vice-Chairman Spivey to approve payroll and invoices for payment. A 5-0 vote was taken. Invoices were paid from the following accounts with their totals: Fire Protection Fund = $6, General Fund = $29, Hydrant Fund = $1, Sewer Revenue Fund = $32, Payroll = $37, Adjournment: Motion: With no further business, a motion was made by Vice-Chairman Spivey seconded by Dan Collins to adjourn this meeting at 10:31 p.m. A 5-0 vote was taken. Connie Honeycutt