South Hanover Township Board of Supervisors 161 Patriot Way Hershey, PA Tuesday, August 22, 2017

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1 1 of 6 August 22, 2017 South Hanover Township Board of Supervisors 161 Patriot Way Hershey, PA Tuesday, August 22, 2017 Supervisors: Rebecca Boehmer, Chair Scott Plouse, Vice Chairman Stephen Cordaro, Secretary Thomas Scott Douglas Walters Township Personnel: John Davidson, Township Solicitor Max Shradley, Township Engineer Art Heilman, Township Treasurer Elizabeth England, Administrative Bookkeeper Public Present: Aura Hill Tom Potter Craig Cassel Nora Blair Henry Shipman Chris Cassel Jody Cassel Greg Etnoyer Robert Cassel Chris Dunlap Debra Fisher Russ Palmer Carol Fricke Meredith Mills Randy Wright Daniel Mills Cleon Cassel Rebecca Davis Sue Eitnier Call to Order: Chair Boehmer called to order the South Hanover Township Board of Supervisors meeting for Tuesday, August 22, 2017, at 8:12 PM followed by the Pledge of Allegiance and a moment of silence. Chair Boehmer announced that there were Executive Sessions held on August 14, 15, and 17, 2017, to discuss personnel issues. Motion: Vice Chairman Plouse made a motion, seconded by Supervisor Scott, to accept the resignation letter received from Penny Pollick. Public Comment: Debra Fisher, 49 Thomas St. Mrs. Fisher said she had been before the Board previously about the speeding at her home on Grandview Ave. and nothing is being done. Mrs. Fisher said a car almost hit her as she was mowing the bank and she is going to stop mowing the bank. Vice Chairman Plouse said the Public Works crew can mow the bank if site distance becomes an issue. Chair Boehmer recommended moving the speed indicator sign to that stretch of Grandview. Robert Cassel, 289 N. Hoernerstown Rd. Mr. Cassel said the Boyd s sold their lavender farm however the new owner will continue to raise the lavender. Mr. Cassel said he was part of the negotiations for the Ridgewood Land Development plan and confirmed the internal walking paths are owned by the Homeowners Association. There is a 12 wide access easement along Stoudt Rd. that will contain a concrete sidewalk which is public. Approval of Minutes: Motion: Supervisor Cordaro made a motion, seconded by Supervisor Scott to approve the minutes of the August 8, 2017, meeting. Discussion: Mr. Davidson pointed out his recollection of the walk along Stoudt Rd. as reported on page 2 of the minutes was incorrect. The minutes, however, are correct. CHAIRMAN S REPORT: Review Sketch Plan 105 Shetland Drive Daniel & Meredith Mills. Mr. Randy Wright of Hanover Engineering presented the Mills sketch plan for 105 Shetland Dr. which is approximately a 7.7 acre lot in the RA district with on-lot sewer and water. The property borders on Shetland Dr. and Hanshue Rd.

2 2 of 6 August 22, 2017 Mr. Wright said they are asking for 2 Ordinance waivers. The first request is for Section , Preliminary Plat Submission. Only 1 new lot will be created with no new streets or public improvements so they would like to submit a preliminary/final plan. The second request is a waiver of Section c, Sidewalks. There is frontage on both Shetland and Hanshue. There is already a sidewalk on the south side of Hanshue Rd. and the existing environmental features on the north side would prevent the installation of a sidewalk or walking path. The owners plan to dedicate a 30 right-of-way on the Hanshue side. On the Shetland Rd. side of the property there would be a 25 right-of-way but because of the existing features of the barn, retaining wall, telephone pole, etc., there is not enough room for a path or sidewalk. Vice Chairman Plouse asked why there is a 30 right-of-way on Hanshue. Mr. Wright said the Gingrich Glen development dedicated a 30 right-of-way on the south side of Hanshue. Motion: Vice Chairman Plouse made a motion, seconded by Supervisor Walters, to grant a waiver of Section , Preliminary Plat Submission, and require only a Preliminary/Final submission. Motion passed with a 5-0 vote. Motion: Supervisor Walters made a motion, seconded by Vice Chairman Plouse, to grant the waiver request of Section c, Sidewalks, and require no sidewalks on both Shetland Dr. and Hanshue Rd. Discussion: Chair Boehmer said she would like to vote on each road separately. Supervisor Cordaro said there was a safety concern on Shetland. The area was tight but a curb and sidewalk does fit. Supervisor Cordaro said he would like the Township to reserve the right to require sidewalks on Hanshue sometime in the future. It makes no sense at this time but may be warranted in the future. Mr. Wright said the Ordinance does not require curbs. Supervisor Walters said the stone wall provides access to the second floor of the barn and a sidewalk on Shetland would block this. Motion passed on a 4-1 vote with Supervisor Cordaro voting against the motion. SOLICITOR S REPORT: Proposed Ordinance Amendments - Dog Kennels, Agritourism. Chair Boehmer said she sensed several Supervisors wanted to revisit these two Ordinance Amendments as a result of the comments during the Public Hearing. Motion: Supervisor Cordaro made a motion, seconded by Supervisor Scott, to table the Ordinance Amendments on Dog Kennels and Agritourism to the next meeting. Discussion: Supervisor Scott asked Mr. Davidson about the acronym ACRE and references to the Attorney General that were mentioned during the Public Hearing. Mr. Davidson said the ACRE Act (Agriculture, Communities and the Rural Environment) is designed to protect agricultural uses from local Ordinances that may be more restrictive than permitted under State law. Mr. Davidson said it may not be applicable to Agritourism but he will check. Proposed Ordinance Amendment - Hours of Construction Activity. Chair Boehmer recommended changing the Saturday hours from 9:00 AM to 7:00 AM so the hours will be the same Monday through Saturday. Vice Chairman Plouse questioned whether this was a substantive change. Mr. Davidson said it was a minor change and makes the Ordinance Amendment less restrictive. Supervisor Cordaro said he would like to discuss this further with the Planning Commission.

3 3 of 6 August 22, 2017 Motion: Supervisor Scott made a motion, seconded by Supervisor Cordaro, to table the Ordinance Amendment on Hours of Construction Activity and send it back to the Planning Commission for further deliberation. Motion passed with a 5-0 vote. Proposed Ordinance Amendment - Medical Marijuana. Motion: Supervisor Scott made a motion, seconded by Supervisor Cordaro, to approve the Ordinance Amendment on Medical Marijuana as presented and advertised. Motion passed on a 3-2 vote with Vice Chairman Plouse and Supervisor Walters voting against the motion. Supervisor Scott said he was strongly opposed to recreational marijuana but very much in favor of medical marijuana. Proposed Ordinance Amendment - Errors & Amendments. Motion: Supervisor Scott made a motion, seconded by Supervisor Cordaro, to approve the Ordinance Amendment correcting typographical errors, clerical errors, and omissions for the purpose of clarifying the provisions of several sections of Chapter 27 as presented and advertised. Motion passed on a 4-1 vote with Supervisor Walters voting against the motion. Proposed Ordinance Amendment - Accessory Building Height. Motion: Supervisor Scott made a motion, seconded by Supervisor Cordaro, to approve the Ordinance Amendment on Accessory Building Height as presented and advertised. Items of Inconsistency in Ordinance Amendments. Chair Boehmer introduced a list of 7 items showing inconsistency throughout the Ordinance Amendments. It was noted that some of the Ordinance Amendments have already been adopted. Mr. Davidson said these were editorial corrections and do not apply to the content. Motion: Supervisor Scott made a motion, seconded by Supervisor Cordaro, to approve the editorial corrections and direct the Solicitor to incorporate them into the Ordinance Amendments. Motion passed on a 3-2 vote with Vice Chairman Plouse and Supervisor Walters voting against the motion. PARKS & RECREATION COORDINATOR REPORT: Monthly Report. Mrs. Eitnier reported the gazebo has arrived and is being erected. The Milton Hershey School Community Service Day was held on August 12, Students from three homes were out in Township parks weeding and picking up trash. The Summer Rec program was completed on August 3, Several Thank You cards were received as well as a Letter to the Editor in The Sun. Mrs. Eitnier outlined the Fall Programs coming up including Yoga and Fitness classes, the Walking Club, and Senior Living. Parks & Recreation Board Vacancy - Term Expiring on December 31, The Parks & Rec Board forwarded 3 letters received from residents interested in filing the vacancy on the Parks & Rec Board. The Parks & Rec Board feels all the candidates are equally qualified and made no recommendation to the Board. Motion: Supervisor Walters made a motion, seconded by Vice Chairman Plouse, to appoint Michael C. Gourley to fill the vacancy on the Parks & Recreation Board for a term expiring on December 31, Motion passed with a 5-0 vote. Summer Program Storage Shed. Mrs. Eitnier reported the storage shed behind the Elementary School used for the Summer Rec program has been emptied. The Elementary School has requested use of the shed for playground equipment and outdoor physical education equipment. Supervisor Walters said the shed is owned by the Baseball Association. Mrs. Eitnier said the shed is on Township property and has been abandoned by the Baseball Association. The Board agreed to table this until the Baseball Association can be contacted. Naming of Park at Municipal Complex. Mrs. Eitnier reported the Parks & Rec Board has recommended naming the park in the Municipal Complex Patriot Park.

4 4 of 6 August 22, 2017 Motion: Vice Chairman Plouse made a motion, seconded by Supervisor Cordaro, to formally name the park located in the Municipal Complex Patriot Park. 175 th Anniversary Update. Mrs. Eitnier reported on the planning meeting held by the Historical Society for the 175 th Anniversary Celebration. The Celebration will be held on September 23, 2017, from 1 to 4 PM. Supervisor Cordaro asked whether they had coordinated with elected officials. They have. Supervisor Scott said he may have a contact for amplification equipment for the event. Fundraising Event Policy. Mr. Heilman reported on a new paragraph inserted on page 4 of the draft agreement. Mr. Davidson provided language for the second paragraph on the same page. On page 2 it was agreed to remove item 4 and leave the number of events within a year up to the discretion of the Board. The phrase by Resolution was added to the first paragraph under Fees and Charges. On page 3, item g. was reworded to say, Absolutely no motor vehicles of any kind may go on the walking path, grass Supervisor Scott brought up the smoking issue saying there should be a designated area for smoking. Supervisor Scott objected to item b. on page 3 that lists alcoholic beverages and illegal substances in the same sentence. Motion: Supervisor Cordaro made a motion, seconded by Supervisor Walters, to approve the Policy on Fundraising Events on Municipal Complex Property with the changes noted and including the language from the Solicitor. Motion passed on a 4-1 vote with Supervisor Scott voting against the motion. Gazebo Construction. Mrs. Eitnier said the installers of the gazebo have recommended a slightly larger concrete pad to provide a drip edge around the gazebo. They are recommending an additional 2 in diameter which would mean an additional yard of concrete at an approximate cost of $130. Motion: Supervisor Scott made a motion, seconded by Supervisor Cordaro, to approve the request for additional diameter and concrete at the site of the gazebo in Patriot Park. Historical Society 175 th Anniversary Celebration. Mrs. Eitnier reminded the Board back in the spring they had offered a contribution towards the celebration. Motion: Supervisor Scott made a motion, seconded by Supervisor Walters, to allocate up to $1,000 to reimburse expenses associated with the Historical Society 175 th Anniversary Celebration. ENGINEER S REPORT: Award Bid Hayshed & Route 39 Intersection Rehabilitation. Mr. Shradley reported there were 4 bidders on the project with E.K. Service, Inc. providing the low bid. Vice Chairman Plouse asked Mr. Shradley if he had experience with this contractor. Mr. Shradley said he had in other municipalities. Supervisor Cordaro asked whether this bid includes the crosswalk markings at other intersections. It does. Motion: Vice Chairman Plouse made a motion, seconded by Supervisor Cordaro, to award the 2017 Hayshed & Route 39 Intersection Rehabilitation project to E.K. Service, Inc., the low bidder, in the amount of $43, to be paid from the State Liquid Fuels fund. Act 537 Schedule update. Mr. Shradley presented the updated schedule for the Act 537 plan. The schedule has slid forward approximately 6 weeks. There has been no word from East Hanover Township on their request to connect to our system. Project Status Report. Mr. Shradley briefly reviewed the Project Status report. There is no news on the Grandview Estates proposed basin revisions. The MS4 PRP public review period is complete and no comments were received. The microsurfacing project has been completed.

5 5 of 6 August 22, 2017 Municipal Park Project Update. Mr. Shradley said he met with the Parks & Rec Board last week to finalize the design and submit it to DCNR. Phase 2 of the park was included in the overall Municipal Complex NPDES permit so an addendum to the permit is all that is needed. Path Along Hershey Rd. The Hershey Trust is constructing an 8 wide path along its property bordering Hershey Rd. just south of the old Members 1 st Credit Union site. They would like to remove a section of the concrete sidewalk along the south side of the old Members 1 st property and replace it with a bituminous walking path to maintain continuity and make a nicer product. This would require a modification to the Members 1 st land development plan. Motion: Vice Chairman Plouse made a motion, seconded by Supervisor Cordaro, to approve the request of The Hershey Trust to remove the concrete on the south side of the old Members 1 st property along Hershey Rd. and replace it with an 8 bituminous walkway and authorize the engineer to issue a Notice to Proceed to the Trust contingent upon a simple plan modification showing the sidewalk/path alteration. Discussion: Supervisor Scott asked why they couldn t just run the bituminous path to meet the cement. Vice Chairman Plouse said there was a grade issue. Motion passed on a 4-1 vote with Supervisor Scott voting against the motion. Suspension Bridge over Kellock Run. Supervisor Scott revisited the issue of a suspension bridge over the Kellock Run that was discussed in an earlier meeting. Supervisor Scott said he had changed his mind after viewing the location and was in favor of a study of the feasibility of a walking bridge. Motion: Vice Chairman Plouse made a motion, seconded by Supervisor Scott, to authorize the Township Engineer to review the feasibility of a suspension bridge to cross the Kellock Run at an estimated cost of $800. CHAIRMAN S REPORT: U.D.V.F.Co. Open Discussions. No items were presented for discussion. EMA Open Discussions. No items were presented for discussion. Pitney Bowes Postage Meter lease. Chair Boehmer reported that the lease on the postage meter was expiring and offered two options for a new machine. Motion: Vice Chairman Plouse made a motion, seconded by Supervisor Cordaro, to execute a lease for a Pitney Bowes DM125 Digital Mailing System at a quarterly rate of $ Community Room - Long Term Rentals. Chair Boehmer reported she had spoken with Bond Counsel regarding long term rentals of the Community Room and the restrictions specified in the Township USDA loan. A group can rent facilities for no more than 6 months at a time but can renew as often as they want. Chair Boehmer said the Board does not want one group to monopolize all three sections of the Community Room so the request from CrossPoint Church has been denied. The policy needs to be amended so Chair Boehmer asked the Parks & Rec Board to review the policy then return it to the Board for final action. TREASURER S REPORT: 2018 Budget Schedule. Mr. Heilman presented the schedule for preparation and review of the 2018 Budget culminating with final adoption at the December 12, 2017, Board meeting.

6 6 of 6 August 22, 2017 Authorize transfer to USDA account for loan payment in September. Since the Township has received a $250,000 Gaming Grant for the Debt Service on the Municipal Complex, Mr. Heilman recommended the actual funds be transferred from the General Fund into the USDA Fund for the debt service payment due September 8, The grant funds will reimburse the General Fund for the payment. Motion: Vice Chairman Plouse made a motion, seconded by Supervisor Scott, to authorize the transfer of $71,308 from the General Fund to the USDA fund for the debt service payment due on September 8, Financial Statements July, Mr. Heilman reported that the tax receipts in the General Fund were on schedule. SOLICITOR S REPORT: Authorize Chair to Sign In Lieu of Manager Gaming Grants. Mr. Davidson reminded the Board they had previously authorized the Manager to execute all the documents for the grants and should now authorize the Chair. Motion: Vice Chairman Plouse made a motion, seconded by Supervisor Cordaro, to authorize the Chair of the Board of Supervisors to execute the appropriate paperwork for the Gaming Grants. Motion passed with a 5-0 vote. EXECUTIVE SESSION: The Board recessed at 9:37 PM for an Executive Session to discuss personnel and legal issues. The Board reconvened the regular meeting at 9:55 PM. ANY OTHER BUSINESS FROM BOARD MEMBERS: There was no other business. Payroll and Invoices: Motion: Supervisor Cordaro made a motion, seconded by Supervisor Scott to approve the following invoices for payment: DCNR Fund $3, Fire Protection Fund $2, General Fund $37, Payroll $33, Sewer Revenue Fund $4, Total: $80, Adjournment: Motion: Vice Chairman Plouse made a motion, seconded by Supervisor Scott, to adjourn the meeting at 10:03 PM. Elizabeth England