South Hanover Township Board of Supervisors 111 West Third Street Hershey, PA Tuesday, June 24, 2008

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Page 1 of 5 June 24, 2008 South Hanover Township Board of Supervisors 111 West Third Street Hershey, PA 17033 Tuesday, June 24, 2008 Call to Order: After the pledge to the flag and a moment of silence, the South Hanover Township Board of Supervisors Tuesday, June 24, 2008 meeting was called to order at 7:34 P.M. Supervisors Present: Robert Cassel Chairman, Michael Spivey Vice Chairman, Edward Mimnagh Secretary, Dan Collins and Richard Cassel. Also Present: Rebecca Oller- Township Manager, John Davidson Township Solicitor, Joseph Strauch Township Engineer and Pendrid Pollick Administrative Bookkeeper. Public Present: Ed Carney, Aura Hill, Stan Custer Jr., Art Heilman, Russ Palmer, Ted Young, Nan Young, Ed Peterson, Jean Miller, Jeremy Miller, Tom Brumbaugh and Diane McCormick. Approval of Minutes: Motion: A motion was made by Edward Mimnagh seconded by Dan Collins to approve the June 10, 2008 meeting minutes as presented. A 5-0 vote was taken. Public Comment: Ed Peterson, 1249 Grove Street, stated that the Hershey Antique Auto Museum was sponsoring a parade to be held on Saturday, June 28, 2008. The parade is scheduled to travel the length of Route 39. Mr. Peterson contacted the State Police and they will assist with traffic control at the entrance of Route 39 at the Giant Sports Center as well as the exit point onto Route 22. Mr. Peterson further questioned that in the event of an accident wherein the State Police would have to leave, could the South Hanover Township Special Fire Police assist as back up? Motion: A motion was made by Dan Collins seconded by Edward Mimnagh approving the Special Fire Police to assist as back up for the June 28, 2008 parade. A 5-0 vote was taken. Engineer s Report: BRIAR RIDGE BOND REDUCTION REQUEST IN THE AMOUNT OF $116,417.33 Joseph Strauch stated that he was in receipt of a letter dated May 16, 2008 wherein Jorich Land Development Corporation was requesting a bond reduction for the Briar Ridge Project in the amount of $96,212.50. Upon his review, Mr. Strauch recommended releasing $116,417.13, a portion of the total financial security withheld. Motion: A motion was made by Dan Collins seconded by Edward Mimnagh to approve the release of financial securities withheld in the amount of $116,417.33. A 5-0 vote was taken.

Page 2 of 5 June 24, 2008 GRANDVIEW ESTATES PHASE II REVISED STORMWATER PLANS Joseph Strauch noted changes were being made to Lots #23 and #24 and he was still in the reviewing process. Mr. Strauch stated that he needed to get with Jeff Reitz as several questions had arose. Questions regarding discharge to Route 39, removing of the pond, the sewer pipe still being there and infiltration issues, was it going to be a single basin on both lots? COUNTRY INN & SUITES MONITORING WELL Issues regarding the monitoring well for Country Inn & Suites were discussed. If said well was to be located where the marker is currently at it would present a problem for the snow plows as the cap and casing would be broken. Rebecca Oller stated that she was in contact with Mr. Reitz and discussions on how to correct the situation have taken place. SHETLAND DRIVE WIDENING PROJECT Plans on widening Shetland Drive were presented to the Board of Supervisors with the following points of interest being noted. Each lane will be (12) twelve feet in width and will tie into the existing bridge. There is a possibility that (1) one or (2) two trees will have to be removed and approximately 4500 cubic yards of dirt will need to be cut away from the embankment and removed. Estimated cost for this project ranges from $200,000 to $250,000. Copies of the plan were left for the Board to review. SWATARA CREEK BRIDGE PROJECT Joseph Strauch stated that a Stormwater Management Consistency Letter was previously sent and he recently reviewed the calculations provided by HRG on the flood plain work and everything appeared to be in order. Mr. Strauch has since drafted a Flood Plain Consistency Letter and requested that it be put on Township letterhead and sent out. PAVING PROJECT BIDS PREVAILING WAGE INFORMATION Joseph Strauch stated that upon the recommendation from PennDOT a prevailing wage addendum had been attached to each of the (4) four paving projects, Pine Hill Road, Stone Mill Road, Jeff Lane and Apple Tree Lane. Proposals from (4) four separate companies had been received for each of the paving projects with Handwerk Site Contractors being the low bidder on each project bid. Estimated cost for all (4) four projects ranges from $332,000 to $446,000. It was noted that bids will be awarded by the second Board of Supervisors meeting in July. Other Business from the Engineer: Mr. Strauch received a letter from Abel Construction dated June 10, 2008 regarding Whippoorwill Pump Station. Several issues regarding start up, inspection and a punch list of items was currently being worked on. Meadowlark Lane Associates sent a letter dated April 12, 2008 stating that Phase I was nearing completion and they were preparing to dedicate the streets. The streets in question were Dove Court, Christian Drive and Quail Court. Mr. Strauch stated that everything appeared to be in order and Maintenance Bonds had been calculated. Willow Creek Farms Mr. Strauch stated that he had physically walked the Hayshed Road rightof-way and found that a road could indeed be constructed but it would very expensive and very difficult as there are wetlands to contend with and rough terrain. It was noted that no revised plans had ever been submitted and the only set of plans were those of the original ones first submitted at the on start of this project. Stan Custer Jr. confirmed that the only plan on file was that of the original one. Mr. Custer stated that his company had addressed all comments and made appropriate modifications. Mr. Custer further stated it was his hope that those issues addressed could be incorporated into the original plan thus eliminating the need for a revised version. John

Page 3 of 5 June 24, 2008 Davidson noted that no park and recreation land had been dedicated and the formal traffic study that had been requested was not completed. Mr. Custer noted that approximately (6) six acres of ground will be put aside for the Home Owners Association and a fee is to be paid in lieu of said recreation land. In regards to the sewer issue and the Pheasant Run Pump Station, Mr. Custer stated they were clearly within 1000 and should be allowed to hookup to the sewer system. Mr. Custer was under the impression that the Board had approved the sewer module at the May 13, 2008 Board of Supervisors meeting. Chairman Cassel stated that only a review of the sewer module had been approved. In review of the May 13 th minutes the motion in question authorized the Township Engineer to review the Willow Creek Farms Sewer Module and report his findings. It was noted that Attorney Clippinger provided a letter dated June 23, 2008 requesting a (30) thirty day time extension so they can proceed in having the formal traffic study done and tie up any loose ends that need addressing. Motion: A motion was made by Vice Chairman Spivey seconded by Dan Collins to grant a (30) thirty day time extension until July 24, 2008. A 5-0 vote was taken. Outstanding issues are as follows: 1) The Board needs to review all letters, comments, etc., as soon as possible. 2) A zoning review should be done and a report completed. 3) A sewer module needs to be approved and submission of said module must be forwarded onto D.T.M.A. 4) The formal traffic study must be reviewed upon its completion. 5) A clear decision as to what is wanted in regards to Hayshed Road must be made as our ordinance states that the developer must contribute to said costs. It was noted that the Township Engineer was to not only look at Hayshed Road s current location but, to also look at what Mr. Custer was proposing as far as dedicating a portion of ground for a new location of said road. A suggestion was made to put money into an escrow account until such a time wherein this matter is resolved. 6) Development of a recreation area or paying a fee in lieu of needs to be resolved. Solicitor s Report: INFORMATION REGARDING THE BURNING ORDINANCE John Davidson stated that the Township ordinance adopted and enforced is that of the 2006 International Fire Code. It was noted that any kind of burning, be it in a burn barrel or an open burn, requires a burn permit which can be obtained from the Township office. The following points were noted: Burning is permitted only during daylight hours. Burning is not allowed on Sundays and not recommended on holidays. The responsible person shall be present during burning at all times and equipped to confine and control the fire. Burning materials that may cause noxious or toxic emission is prohibited. No person shall burn or set fire to any material on the public right-of-way, street or alley. Burning is not permitted when it is dangerously dry or windy. The fire must be extinguished completely before leaving the burning site. Ted Young, 3 Sunny Lane, inquired as to what should be done and who should be called when someone is in violation of the ordinance during afterhours and on weekends. General discussions ensued as to who, what, where and when. The final conclusion was research needed to be done and standards needed to be set. The possibility of revamping the ordinance wherein an area is residentially congested is being considered.

Page 4 of 5 June 24, 2008 Chairman s Report: RESIGNATION OF SPECIAL FIRE POLICEMAN, DAVID BOOKS Motion: A motion was made by Edward Mimnagh seconded by Dan Collins to accept the resignation of David S. Books. A 5-0 vote was taken. A request was made by Chairman Cassel for Township staff to prepare and send out a letter to Mr. Books thanking him for his years of service. PA AMERICAN WATER APPLICATION FOR A PUBLIC FIRE HYDRANT Rebecca Oller stated that she was in receipt of an application from PA American Water requesting installation of a new hydrant on Sunny Lane approximately 520 northeast of Hershey Road (SR0039). Reason for application is that PA American Water is in the process of resizing at this location and whenever that is done they like to take public safety into account. Motion: A motion was made by Vice Chairman Spivey seconded by Edward Mimnagh to approve the PA American Water application for a public fire hydrant to be located on Sunny Lane. A 5-0 vote was taken. SUSQUEHANNA BANK INTERNET BANKER BUSINESS AGREEMENT & APPLICATION A request was made to the Board of Supervisors to authorize internet banking services. This service will allow the Administrative Bookkeeper to view all accounts online and make transfers between accounts as necessary. Motion: A motion was made by Dan Collins seconded by Vice Chairman Spivey to approve the application for Internet Banking. A 5-0 vote was taken. It was noted that information on obtaining Business Debit/Credit Cards will be prepared for the next Board of Supervisors meeting. BOARD OF SUPERVISORS JULY 8 TH MEETING DATE REVISION Motion: A motion was made by Vice Chairman Spivey seconded by Edward Mimnagh to move the Tuesday, July 8 th Board of Supervisors Meeting to Wednesday, July 9, 2008. A 5-0 vote was taken. It was noted that an advertisement will be placed in the Hummelstown Sun for the purpose of notifying the public. Executive Session: AN EXECUTIVE SESSION WAS CALLED AT 9:08 P.M. TO DISCUSS LEGAL AND PERSONNEL MATTERS, IT WAS NOTED THAT APPROPRIATE ASSIGNMENTS HAD BEEN MADE. THE BOARD RECONVENED AT 10:04 P.M. Other Business from the Board: Dan Collins requested information regarding the numbers and capacities for the sewer system that runs through the Village. Joseph Strauch noted that a study analysis had been done by Benetac Associates and it was thought that the capacity level was that of 1.1 million gallons. Mr. Collins requested from Mr. Strauch that he prepare a letter stating what the flow rate through the pipe is now as it is old and build up has most likely occurred, what numbers (gallons) we are at now, what could that number possibly go to and when will the limit be reached. Traffic Lights A proposal was received from C.M. High to renew our Preventative Maintenance Agreement at a yearly cost of $1,611.00. This agreement, if approved would run from June 30, 2008 through June 29, 2009. Motion: A motion was made by Vice Chairman Spivey seconded by Edward Mimnagh to approve the renewal of the C.M. High Preventative Maintenance Agreement. A 5-0 vote was taken. Vice Chairman Spivey noted that he was in receipt of proposals from C.M. High regarding pre-emption modifications. A request was made by Chairman Cassel that copies of all proposals are made for the Board to review. It was noted that the bid for widening Shetland Drive had not yet gone out as some members of the Board would like to review the plans first. It was questioned by Dan Collins if the issued had been resolved regarding where the access point was between the Route 39 Bridge and the pump station in regards to use by our Fire Co. Vice

Page 5 of 5 June 24, 2008 Chairman Spivey noted that HRG had been contacted and when they were ready to address the situation the Township would be notified. It was noted that Penn Waste was raising its charge to our residents in the amount of $2.67 per year as costs of the incinerator had risen. Motion: A motion was made by Dan Collins seconded by Vice Chairman Spivey to approve a donation in the amount of $400 to USA Theaters. A 5-0 vote was taken. USA Theaters will be providing free Movies in the Park this year. Approval of Payroll and Invoices: Motion: A motion was made to approve the payroll and invoices for payment by Vice Chairman Spivey seconded by Edward Mimnagh. A 5-0 vote was taken. Invoices were paid from the following accounts with their totals: Fire Protection Fund - $6,593.62 General Fund - $119,864.03 Fire Hydrant Fund- $192.97 Payroll Fund - $13,541.13 Sewer Revenue Fund - $4,700.26 Adjournment: Motion: With no further business, a motion was made by Dan Collins seconded by Vice Chairman Spivey to adjourn this meeting at 10:17 P.M. A 5-0 vote was taken. Pendrid C. Pollick