The Regular Meeting of the East Pennsboro Township

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					                            EAST PENNSBORO TOWNSHIP
                            BOARD OF COMMISSIONERS
                         REGULAR MEETING, JANUARY 16, 2008


Regular Session                                                                    8:30 p.m.

       The Regular Meeting of the East Pennsboro Township Board of Commissioners was held
on Wednesday, January 16, 2008, at 8:30 p.m. at the Community and Municipal Center, 98 S.
Enola Drive, Enola, Pennsylvania.

       Those present were: Commissioners - George DeMartyn, President, James Hertzler, Vice
President, John Kuntzelman, Dolores McAlister, and E. Thomas Fry; Robert L. Gill, Township
Manager; Henry F. Coyne, Esquire, Township Solicitor; John Pietropaoli, Assistant Township
Manager; Joseph Bonarrigo, Township Engineer; John B. Owens, Codes and Zoning Officer;
Deborah Thornton, Administrative Assistant; James Bumgardner, Fire Marshal; and Chief
McMaster and Mark Green, Police Department.

I.     CALL TO ORDER

       President DeMartyn called the meeting to order at 8:30 p.m. A moment of silent
meditation was observed, followed by the Pledge of Allegiance to the Flag.

II. APPROVAL OF MINUTES

       MOTION approving the minutes of the following meetings:

       1. December 19, 2007
       2. December 27, 2007
       3. January 2, 2008

was made by Mr. Fry, seconded by Mr. Hertzler, and was carried by a unanimous aye vote.

III. APPROVAL OF REPORTS

       MOTION approving the following itemized reports:

       1. Financial Report - December 2007
       2. Overtime Report - 2007

was made by Mrs. McAlister, seconded by Mr. Kuntzelman, and was carried by a unanimous aye
vote.

       President DeMartyn noted for the record that the board met in Executive Section from
6:00 p.m. to 7:40 p.m. for personnel issues.
Board of Commissioners
January 16, 2008
Page 2


        Ms. Linda Irvin, of 782 Valley Street, Enola, addressed the board regarding sign changes
on Valley Street. From Wertzville Road to Enola Drive it is Valley Road; from Enola Drive to
the red light it is Valley Street. She had reason to call 911 recently and they had confusion based
on what she called it with what their maps indicated. Mr. Bumgardner stated it is an issue with
the State as well. Mr. Kuntzelman noted the township went through this a few years ago trying
to get that corrected.

        Mr. Owen stated the township has been in contact with the county after receiving
notification from the county that certain addresses in the township will have to change. The
township has requested a spokesman from the county to explain to the township on how they
intend to fix the problem, whether it will be Valley Road or Valley Street, since they are
changing their 911 dispatch system to avoid incidents like this, but they have not made one
available. A similar problem exists with Third Street in West Fairview and Third Street in
Summerdale, as well as High Street.

V.     ITEMS FOR DISCUSSION AND APPROVAL

      MOTION authorizing payment of invoices and payroll pending review and signatures of
Commissioners, was made by Mrs. McAlister, seconded by Mr. Fry, and was carried by a
unanimous aye vote.

       MOTION to approve the utilization of the East Pennsboro Township Senior Center for
the 2008 elections on Tuesday, April 22, and Tuesday, November 4, 2008, was made by Mr.
Hertzler, seconded by Mr. Fry, and was carried by a unanimous aye vote.

        MOTION to accept with regret the letter dated December 31, 2007, from Fred J. Lauver
resigning his position on the Environmental Advisory Council effective immediately, was made
by Mr. Kuntzelman, seconded by Mrs. McAlister, and was carried by a unanimous aye vote.

        The board reviewed the final subdivision plan for Absolute Homes. Richard Ernest
represented the plan, which he noted is a subdivision of residual lot from George Sullenberger's
subdivision along Chester Road. It was lot number 5 on that subdivision, the 10 townhomes are
right next door. A variance was approved in January of last year to disturb the steep slope just
for the building area. The intention was just to subdivide the property in half, since there is a
duplex already constructed on the site. With excavation for the foundation for the building, there
was some slope disturbance outside the footprint of the building and thus a land development
plan became necessary to stabilize the slope disturbance. A revised plan was submitted to the
Cumberland County Conservation District on December 19, 2007, and comments on the revised
plan are anticipated.
Board of Commissioners
January 16, 2008
Page 3


        To protect the slopes, they propose building a series of walls at the rear of the building
like landscape walls but with bigger blocks. The builder expressed concerns about the
disturbance that Doli Construction has created. He showed photographs of what the site looked
like beforehand. He stated Doli created a bench and more of a steep slope that he has to deal
with now. They also left a lot of debris laying around, and they destroyed his silt fencing. When
he purchased the property, he was aware of the easement through the property. However, he was
not aware that there would be a bulldozer going through there cutting that slope away.

        During construction he thought they were removing it to do whatever they needed to do
and would return the dirt, but that never happened. Mr. Owen indicated not until March will they
bring top soil in and seed it. The Planning Commission recommended approval pending receipt
of approval of the erosion and sedimentation plan by the county.

       MOTION to approve the final subdivision plan for Absolute Homes, subject to
Cumberland County Conservation District approval of erosion and sedimentation measures by
the property owner, was made by Mr. Fry, seconded by Mrs. McAlister, and was carried by a
unanimous aye vote.

        The board then reviewed the final minor subdivision for George J. Miller, Jr. Mr. Ron
Shaffer, with Act One Consultants, reviewed the plan. It is an existing tract on which they
propose to divide off the portion with the existing dwelling. That portion will be gifted to
Central Pennsylvania College, and the remaining tract has several restrictions. No construction is
proposed on the existing lot 1. Lot 1A will be bequeathed to the school, and the remaining lot
will be left in the estate of George Miller.

       Mr. Owen indicated the Planning Commission recommended approval with all five
waivers requested. A waiver was requested for preliminary to final plan, plan specification,
awaiting approval of the erosion and sediment control plan, stormwater management plan, and a
waiver of sidewalks being constructed.

       Staff had concerns of the residual tract of 9 acres now in the estate of George Miller,
which is the property of Shippensburg University Trust. The zone is residential high density, but
the remaining 9 acres is not developable.

       MOTION to approve the final minor subdivision plan for George J. Miller, Jr., With the
five waivers requested, was made by Mrs. McAlister, seconded by Mr. Fry, and was carried by a
unanimous aye vote.

      The board then reviewed the final subdivision plan for Floribunda. Mark Allen with
Alpha Consulting Engineers, representing the final land development plan for Floribunda
Board of Commissioners
January 16, 2008
Page 4


Heights, Phase 1, Section 10A, indicated the preliminary plan was before the board on May 1,
2007, which was granted approval along with a waiver for a traffic study. They submitted the
final plan, which is 7 lots, where the preliminary plan consisted of 33 lots. The remaining 26 lots
will be included in Section 10B.

        It took six months to receive the NPDS Permit. They are almost 1,700 feet upstream
from Mr. Byron Jacobs' and Mr. Ed Freed's properties and are sensitive of the flows coming from
the area above them and are trying to direct the flows north of those residences. The systems are
designed to handle a 100-year flood. It will cost $10,000 to $15,000 per lot just for the new
systems that have to address the nitrates, phosphates, and total solids. The cost for maintaining
the system for the lots will be borne by the condominium association. Staff requests that to be a
condition of approval.

        All the roof gutters dump into the system 4 feet deep, 18 feet wide, by almost 50 feet
long. They have an overflow mechanism which then goes into the other system that goes into the
level spreader. They are trying to put all the surface flows of stormwater back into the ground at
the point source as opposed to storing it and releasing it out over time.

        Mr. Owen noted the Planning Commission recommended approval of the plan based
upon working out the homeowner association documents. Staff received the HOA documents
and along with the Solicitor are reviewing them. They are requesting the documents need to be
more precise as far as the outlet structures and the maintenance thereof. Mr. Gill noted with
regard to the lots in Section 10B, the township is considering digging a sanitary sewer line,
taking it out to the Oyster Mill sewer line and tying it into the Oyster Mill pumping station.
Construction for that sanitary sewer line would not happen until the spring of 2009. The seven
lots in Section 10A go in another direction and would not be part of it.

       MOTION to approve the final subdivision plan for Floribunda Heights, Phase 1, Section
10A, pending satisfactory approval of HOA documents by the Township Solicitor, that Section
10B will have similar HOA documents but the rest of Floribunda will remain incorporated under
the Master document, and per the verbiage of the original Master document of the HOA, all
homeowners will start paying dues and become assessed for these maintenance requirements,
was made by Mr. Hertzler, seconded by Mr. Fry, and was carried by a unanimous aye vote.

       Mr. Freed asked for the conditions of the HOA final draft.

        MOTION to approve payment of invoice to Henry F. Coyne, Esquire, Township
Solicitor, for professional services rendered during the period of December 13, 2007, through
January 10, 2008, in the amount of $3,515.00, was made by Mrs. McAlister, seconded by Mr.
Kuntzelman, and was carried by a unanimous aye vote.
Board of Commissioners
January 16, 2008
Page 5


        Mr. Hertzler stated the board heard from Gannett Fleming this evening and there have
been some additional preliminary discussions at COG relative to the Chesapeake Bay. He
indicated they are all interested in doing the right thing and interested in responsible and effective
action to improving the environment and doing our part in helping to restore the environmental
quality of the Chesapeake Bay, stressing the key words: Our part, responsible, and effective. He
expressed that the existing Chesapeake Bay strategy does not appear in many minds to be either
equitable and fair or responsible and effective.

         There are now serious questions about the lawful basis for the largely unfunded
bureaucratic mandate that the township is being asked to undertake. The board has had
preliminary discussions with Attorney Scott Wieland and there is a request from COG going out
to all the municipal members of COG, along with other municipalities that are impacted by the
Chesapeake Bay Strategy, to consider going together in a legal challenge, including the fact that
there is a question as to whether this was mandated as a result of unlawful regulatory review
process and illegal rulemaking, in addition to the fact that it unfairly places the burden of
compliance on the customers of treatment plants rather than upon the Commonwealth at large or
upon the root causes in an equitable way.

         A memorandum was sent out by Perry Albert, Executive Director of the Capital Region
Council of Governments, to the entities regarding sharing the costs for at least the initial legal
challenge. If there is sufficient interest and participation, then the challenge will go forward.
The township's share could be $4,000 because the township has an authority, which Mr. Hertzler
indicated it is a small contribution if it can save ratepayers millions of dollars. Mr. Gill noted the
township does have a sewer authority, which has not been active for 25 years, but technically is
still valid, although nonfunctional. If it is deemed not acceptable, the township share would be
$6,000.

        MOTION authorizing the Township Manager to notify the Capital Region Council of
Governments that East Pennsboro Township is interested in participating in the legal challenge
of the Chesapeake Bay Tributary Authority and authorizing the expenditure of up to $4,000.00,
was made by Mr. Hertzler, seconded by Mrs. McAlister, and was carried by a unanimous aye
vote.

        Mr. Eugene Assanti, of 817 Acri Road, Mechanicsburg, asked if this is a separate
challenge other than what the State might do yet. Mr. Hertzler stated the township has asked the
State to take a moratorium, which would be the second prong of a two-prong effort. The legal
challenge is in addition to a call on the legislature to provide the proper legal oversight.

        President DeMartyn noted that close to 3 months ago the board challenged Mr. Hertzler
to get other municipalities involved because he had a concern going back to last February or
Board of Commissioners
January 16, 2008
Page 6


March about this issue and he has done a great job in getting out the information and getting
other municipalities involved.

       (Whereupon, the meeting was recessed at 9:35 p.m. in order to hold Executive Session
regarding the legal issue of Chinniah vs. East Pennsboro, and was reconvened at 9:56 p.m.)

       MOTION to adjourn the meeting at 9:56 p.m. was made by Mr. Kuntzelman, seconded
by Mrs. McAlister, and was carried by a unanimous aye vote.

				
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