EAST PENNSBORO TOWNSHIP BOARD OF COMMISSIONERS REGULAR MEETING, MAY 6, 2009 Regular Session 8:30 p.m. The Regular Meeting of the East Pennsboro Township Board of Commissioners was held on Wednesday, May 6, 2009, at 8:30 p.m. at the Community and Municipal Center, 98 S. Enola Drive, Enola, Pennsylvania. Those present were: Commissioners - George DeMartyn, President, Dolores McAlister, John Kuntzelman and E. Thomas Fry; Henry F. Coyne, Esquire, Township Solicitor; John Pietropaoli, Assistant Township Manager; Deborah Thornton, Administrative Assistant; and James Bumgardner, Fire Marshal. 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. President DeMartyn noted Commissioner Hertzler is absent this evening due to the death of his mother. II. APPROVAL OF MINUTES MOTION approving the minutes of the April 15, 2009, meeting, was made by Mrs. McAlister, seconded by Mr. Fry, and was carried by a unanimous aye vote. III. APPROVAL OF REPORTS MOTION approving the following itemized reports: 1. Residential Rental Inspection Report - April 2009 2. Building Department Report - April 2009 3. Inspection Report - March and April 2009 4. Food Establishment Inspection Report - April 2009 5. Property Maintenance Report - March 15 through April 29, 2009 6. Overtime Report was made by Mr. Kuntzelman, seconded by Mrs. McAlister, and was carried by a unanimous aye vote. Board of Commissioners May 6, 2009 Page 2 IV. BUSINESS FROM THE FLOOR Ms. Cindy Heinl, owner/operator of The New You at 70 Shady Lane, expressed concerned about the Kellam pumping station closing down and her not having sewerage service as of June 1. President DeMartyn noted the Township Manager has had a lot of calls regarding this, but the pumping station is not closing down as of June 1. A meeting is scheduled for May 18 with DEP, the township, and the estate of Sid Kellam. The estate has been notified by DEP that they are not allowed to shut it down. President DeMartyn noted there was a lot of misinformation in the letter the estate sent out to end users of the pumping station. The township had tried to negotiate with Sid Kellam, when he was alive, regarding the pumping station, and some of the things the estate noted in the letter regarding the sewer line, such as the township wanted $100,000, was absolutely not true. The township had given a price of $40,000 to take the pumping station over because it had to be substantially upgraded. The township is eager to get the situation resolved, but stressed that DEP has informed the estate that the station is not permitted to be shut down. Mr. Pietropaoli noted Sam Jacobs attended the workshop session and had to leave for another engagement but wanted to bring to the board's attention more problems at Floribunda Heights. A developer is clearing Phase 1, Section 10B, removing trees and clearing top soil, and Mr. Jacobs has had water damage again. Mr. Pietropaoli was not aware that permission had been approved for any tree removal. He will have the engineering department visit the site, as well as call Cumberland County Conservation District. Mr. Pietropaoli stated the developer is aware of the sensitive area, and is surprised that they would be cutting trees, especially this time of year with all the rain. V. 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 establish the date of Wednesday, June 3, 2009, for the public hearings at the Creekside Fire Company, 13 E. Dulles Drive, Camp Hill, Pennsylvania, at 6:30 p.m. relative to the following: Amendment to certain tax ordinances, amendments to ordinance no. 736-2007 Subdivision and Land Development and Zoning Ordinances, and the intent to adopt a recodification of township ordinances, was made by Mr. Kuntzelman, seconded by Mr. Fry, and was carried by a unanimous aye vote. Board of Commissioners May 6, 2009 Page 3 MOTION authorizing the advertisement of the ordinance for the adoption of the recodification of East Pennsboro Township ordinances and establishing an effective date, was made by Mrs. McAlister, seconded by Mr. Fry, and was carried by a unanimous aye vote. MOTION authorizing the advertisement of the ordinance for the intergovernmental cooperation agreement appointing the Mutual Utility Alliances and the consultant for the township for the purpose of bidding and purchasing certain utility products and services, was made by Mr. Kuntzelman, seconded by Mrs. McAlister, and was carried by a unanimous aye vote. MOTION to approve Change Order 1 for the Beaver Avenue pump station replacement in the amount of $4,460.77, per the recommendation of Gannett Fleming, Inc., was made by Mrs. McAlister, seconded by Mr. Fry, and was carried by a unanimous aye vote. President DeMartyn noted this bypass pump was missed in the normal design of the pumping station and had to be added in, in case the pumping station would go down they could bypass to the next pumping station. MOTION authorizing the Township Manager to go into negotiation with Londonderry Township for the purchase of their 1997 engine for Good Will Fire Company in West Fairview, was made by Mr. Kuntzelman, seconded by Mr. Fry, and was carried by a unanimous aye vote. MOTION authorizing the Township Manager to advertise the old engine 121 for sale, was made by Mr. Kuntzelman, seconded by Mrs. McAlister, and was carried by a unanimous aye vote. Mr. Pietropaoli asked about the new Creekside fire apparatus, since a township truck was taken off of the fleet, which one should be put on the maintenance plan as Creekside's. President DeMartyn concurred that the new one should be put on the township maintenance plan, which includes one apparatus from each company. Mr. Fry asked what happened with the 50-foot emergency access easement on Trail Lane that the Fire Marshal brought up at the last meeting. Mr. Pietropaoli stated staff from the Building Department visited the site. There will have to be significant regrading to restore the road that was graded away for landscaping. Mr. Bumgardner indicated they will try to live without forcing the property owner to eliminate the pillars, but he will have to restore the bank that he has graded for landscaping purposes. President DeMartyn noted that the responsibility and expense of that has to go back to the property owner. Mr. Pietropaoli stated he will review the matter with the Codes Department. Board of Commissioners May 6, 2009 Page 4 Mr. Kuntzelman stated he was at a seminar two weeks ago and learned that right now the township does not follow the International Fire Code in its entirety. Parts of it are incorporated into the building code. Mr. Bumgardner stated when the township accepted the State Building Code, portions of the International Code were not part of the adoption, which was discovered subsequently in a court case. The entire Fire Code has to be adopted separately, like the Property Maintenance Code. The Zoning Office is working to present something to the board to restore necessary language. Mr. Kuntzelman noted once that gets put in place, the township will have more authority to redress property owners, such as the one who has landscaped over an emergency right-of-way. MOTION to adjourn the meeting at 8:55 p.m., was made by Mrs. McAlister, seconded by Mr. Kuntzelman, and was carried by a unanimous aye vote.
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