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EAST PENNSBORO TOWNSHIP BOARD OF COMMISSIONERS REGULAR MEETING

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					EAST PENNSBORO TOWNSHIP BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 1, 2006

Regular Session

8:30 p.m.

The Regular Meeting of the East Pennsboro Township Board of Commissioners was held on Wednesday, February 1, 2006, at 8:30 p.m. at the Community and Municipal Center, 98 S. Enola Drive, Enola, Pennsylvania. Those present were: Commissioners - George DeMartyn, President, John Kuntzelman, Thomas Fry, and Dolores McAlister; Robert L. Gill, Township Manager; Henry F. Coyne, Esquire, Township Solicitor; John Pietropaoli, Assistant Township Manager; Joseph Bonarrigo, Township Engineer; John B. Owen, 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.

I. APPROVAL OF MINUTES MOTION approving the minutes of the January 18, 2006, meeting was made by Mr. Kuntzelman, seconded by Mrs. McAlister, and was carried by a unanimous aye vote President DeMartyn noted for the record that Commissioner Hertzler is at a funeral in Reading and was unable to attend the meeting. II. BUSINESS FROM THE FLOOR Mr. Robert Redfeur, of 101 Second Street, Summerdale, addressed the board regarding absentee landlord issues at 201 Valley Street, Summerdale. He indicated that the code office is doing their job but they are limited in what they can do. The house is rented to one family, and the garage to a different individual who parks two large U-haul trucks on Second Street. The man who owns the property lives in Mountain View Estates. Mr. Owen indicated there have been constant issues with the house tenants regarding trash and rubbish. The garage is rented separately from the house. It is in the commercial limited zone between Third Street and First Street. Regarding the problems with the garage, the codes officers have talked to the neighbors about filing a complaint so the codes office and the police can work jointly based upon the complaint received.

President DeMartyn noted the board may need recommendations from the Zoning Department on what to enact in order to better protect the residents. Mr. Owen indicated the proposed rental property ordinance would deal with the house tenant issues. It would also allow the officers to gain access to the garage to see what is stored in there and what the individual is doing. Another issue is he works on friends' cars, and unless someone comes forward, they cannot track money changing hands. He pulls the vehicles in so the officers cannot see the license numbers to track them. He is legally parked in the driveway. President DeMartyn asked about the ordinance regarding commercial trucks being parked in residential areas, but Chief McMaster noted that only deals with vehicles in excess of 11,000 pounds gross weight. Board of Commissioners February 1, 2006 Page 2

Mr. Wilhelm Mabus, of 107 Valley Street, Summerdale, complained about several tenant problems that are eyesores when one drives into Summerdale. Mr. Owen noted the tenants at 201 Valley Street have been written up for violations 28 times this past year, and they complied each time. President DeMartyn asked if the code can be amended to specify how many times a residence is written up before they can be cited for a public new nuisance. Mr. Byron Jacobs, of 1295 Oyster Mill Road, asked for an update on the drainage problem on his property. Mr. Gill noted they have been out to the site the last two rainfalls and want Mr. Green to come out at the next rainfall to find out the source of the runoff. Mr. Green has not had any building permits to be issued, but the township will keep monitoring the problem. Mr. Gil Intrieri, of 127 Salt Road, asked about his previous request for the small lot off of East Penn Drive to which he and two neighbors are requesting access. Mr. Gill stated it will be discussed at the staff meeting tomorrow. President DeMartyn reminded Mr. Intrieri that the board originally said they would respond to the request in 30 days. Mr. Richard Boyer, of 101 Third Street, Summerdale, asked what he could do on the 16-foot strip of property between his lot and his neighbor's that the township no longer owns. The neighbor has a very loud dirt bike that he rides on the strip, and all the mud and water runs down the property onto his. There are currently 6 or 8 inch ruts on that strip, which is causing mud to wash onto his property. He installed a 6-foot high privacy fence to try to alleviate the runnoff from the dirt bike, but now all the mud is coming up against that. He asked if there was anything he could do to protect the fence and avert the runoff. Chief McMaster indicated if the driver goes out onto the roadway, he can be cited for a lot of fines, but the fact that he is 11 years old, the juvenile courts will not hear the case. Chief stated he does not have the manpower to stake an officer out there, but if Mr. Boyer calls the police department, they will send somebody down right away. IV. ITEMS FOR DISCUSSION AND APPROVAL

MOTION authorizing payment of invoices and payroll pending review and signatures of Commissioners, was made by Mr. Fry, seconded by Mr. Kuntzelman, and was carried by a unanimous aye vote. MOTION to approve payment to M/A Com, Inc., in the amount of $97,000.00, representing approximately one-half of the outstanding invoices for the 800 megahertz radios, was made by Mr. Fry, seconded by Mr. Kuntzelman, and was carried by a unanimous aye vote. Item no. 3 on the agenda was tabled. MOTION to adopt Resolution no. 2006-04 of the Township of East Pennsboro, Cumberland County, Pennsylvania, establishing a schedule of fees and charges for the Department of Housing and Community Development for 2006, was made by Mrs. McAlister, seconded by Mr. Fry, and was carried by a unanimous aye vote.

Board of Commissioners February 1, 2006 Page 3

The board then reviewed the land development plan for Central Penn College. Mr. Jim Turner, counsel for Central Penn College, presented the plan. He indicated it is an expansion of the existing parking lot along Valley Street, which has been recommended for approval by the Planning Commission. Mr. Owen noted they have asked for a waiver of curbing and sidewalk along portions of the project. Mr. Randy Allen, project engineer, stated the request for the waiver was to discourage pedestrian traffic along Valley Street. They are suggesting a wooden guardrail 3 feet high to discourage pedestrian traffic. Mr. Owen noted the Planning Commission voted to omit the curbing and sidewalk. President DeMartyn stated everything that has been done on Valley Road has had curbing. Mr. Turner noted one of the concerns about installing curbing and the reason for the request for waiver is the number of inlets along Valley Road, as well as being within the State's right-of-way and the somewhat irregular entrance at A Street, makes it much more of a difficulty because curbing will not line up exactly with the inlets. MOTION to approve the preliminary/final subdivision and land development plan for the proposed parking lot expansion for Central Pennsylvania College, but denying the waiver request for curbing along Valley Street and A Street, was made by Mr. Fry, seconded by Mrs. McAlister, and was carried by a unanimous aye vote. Item no. 6 on the agenda was tabled.

Mr. Gill presented to the board that the West Shore Wage Tax Bureau has done some investigation going back 4 to 5 years and believe they have found people who have not filed for wages of their earned income. The Wage Tax Bureau has gotten copies of State taxes from the Department of Revenue and started comparing the people who filed with the State and the people who filed with the Wage Tax Bureau, and they believe there is a delinquency rate of approximately 18 to 20 percent. Other jurisdictions in the State have offered an amnesty program for delinquent taxpayers to come in at one time to pay their back taxes, which they believe will recoup about 10 percent, and then they will have to go after the other 10 percent. MOTION authorizing the Township Solicitor to prepare and advertise the necessary ordinance for the amnesty program amendment to the current EIT ordinance, was made by Mr. Kuntzelman, seconded by Mrs. McAlister, and was carried by a unanimous aye vote. MOTION to approve payment to Apple Chevrolet, York, Pennsylvania, for one (1) 2006 Chevrolet extended cab truck in the amount of 26,110.00, was made by Mrs. McAlister, seconded by Mr. Fry, and was carried by a unanimous aye vote. MOTION to approve the request from HMMS Youth Soccer to utilize the soccer fields at Adams-Ricci Community Park for their 2006 tournament to be held on May 27 and 28 from 7:00 a.m. to 6:00 p.m., pending consultation with the Township Manager and that any damages or maintenance incurred to the fields or physical structures will result in repair costs being assessed to the organization, was made by Mr. Kuntzelman, seconded by Mr. Fry, and was carried by a unanimous aye vote. MOTION to approve the reappointment of Gilbert Intrieri, 127 Salt Road to the Environmental Advisory Council for a three-year term ending January 1, 2009, was made by Mrs. McAlister, seconded by Mr. Kuntzelman, and was carried by a unanimous aye vote. Board of Commissioners February 1, 2006 Page 4

MOTION to install handicapped parking signs for Barbara Shively, of 205 South Enola Drive, and Martha Ramsey, of 203 South Enola Drive, who have complied with all the regulations to get a handicapped sign, and based on the Chief's recommendation, was made by Mr. Fry, seconded by Mr. Kuntzelman, and was carried by a unanimous aye vote. MOTION to authorize the Township Solicitor to propose an ordinance to reduce the speed, as well as install necessary signs ahead of the intersection of Magaro Road and Lee Ann Court, and crossing Magaro where Lee Ann Court becomes Ellen Drive, warning motorists about the difficulty to see that intersection and the reduction in speed limit in that block to prevent accidents, was made by Mr. Kuntzelman, seconded by Mrs. McAlister, and was carried by a unanimous aye vote. MOTION to appoint Marge Beaner to the Planning Commission for a three-year term

from October of 2005 to October of 2008, was made by Mrs. McAlister, seconded by Mr. Fry, and was carried by a unanimous aye vote. MOTION to adjourn the meeting at 10:06 p.m., was made by Mr. Kuntzelman, seconded by Mr. Fry, and was carried by a unanimous aye vote. Respectfully submitted,

ROBERT L. GILL Township Manager

ANN-MARIE P. SWEENEY Recording Secretary