Hamilton Township Board of Supervisor’s



Hamilton Township Board of Supervisor’s

Regular Meeting Minutes

Monday, February 4, 2013

CALL TO ORDER:

Meeting was called to order at 7:00 pm by Chairman, Stephanie A. Egger.

Supervisors present were Stephanie A. Egger, Timothy D. Beard, III, and John C. O'Brien. Also present were Solicitor, Ronald Tomasko, Attorney, from the firm of James, Smith, Dietterick and Connelly, LLP; Township Engineer, Jason Reichard, from C. S. Davidson, Inc., Road Master, Jay Livingston; Road Superintendent, Ron Weidner; Ron Balutis, ZO/BCO; and Secretary, Deborah Brogan.

Stephanie A. Egger led the meeting in the Pledge of Allegiance to the Flag.

APPROVAL OF MINUTES:

Minutes of the Board of Supervisors Re-Organizational Meeting on January 7, 2012: Stephanie A. Egger asked Timothy D. Beard III and John C. O'Brien if they had reviewed the minutes from the January 7th Re-Organizational Meeting. Response was affirmative. Timothy D. Beard III made a motion to approve the minutes as submitted. John C. O'Brien second the motion. Stephanie A. Egger mentioned several corrections that needed to be made to the votes for the following Resolutions: 2013-01, 02, 06, 17, 19, 27, 32, & 36. Vote was abstained by the nominee. Deborah A. Brogan made note of the corrections needed. Motion passed by unanimous vote.

Minutes of the Regular Board of Supervisors Meeting on January 7, 2013: Stephanie A. Egger asked Timothy D. Beard III and John C. O'Brien if they had reviewed the minutes from this meeting. Response was affirmative. Timothy D. Beard III made a motion to approve the minutes as submitted. John C. O'Brien second the motion. Motion passed by unanimous vote.

OLD BUSINESS:

Cross Keys Diner/Hensco: Stephanie A. Egger presented the test result reports from LABS, Inc. showing the BOD levels for the Cross Keys Diner/Hensco. Timothy D, Beard III stated that the results all look good. He asked Judy Gemmill, Cross Keys Diner, if business was picking up. Judy Gemmill, Cross Keys Diner, stated yes, that they were starting to get busy again. Timothy D. Beard III stated that it looks like they are doing a good job. Timothy D. Beard III made a motion to accept the reports as submitted. John C. O'Brien second the motion. Motion passed by unanimous vote.

NEW BUSINESS:

1. State Police: Stephanie A. Egger read the statics for service in Hamilton Township for the month of January 2013.

2. Liberty Fire Co. No. 11: Mike Thomas from Liberty Fire Co. read his report for January 2013 and presented copies to the Board

3. United Hook & Ladder Co. No. 33: No one was present and no report was received.

4. Hampton Fire Co. No. 10: No one was present and no report was received.

5. SPCA Collection: Stephanie A. Egger stated that we are still collecting items for the Adams County SPCA for the care of the animals at the shelter. Their Wish List is on the sign-in table and posted on the bulletin board. Timothy D. Beard III thanked the residents for all the donations.

6. Supporting Our Troops – Hometown Heroes Drive: Stephanie A. Egger stated that we are collecting items for the Troops. The donated items will be taken to the PSATS Conference in April. Last year we had a record breaking amount of items to take to PSATS, please help again this year by bringing your items to the Township; a flyer is posted on the bulletin board and on the table.

7. Ronald McDonald House Magazine Collection: Stephanie A. Egger stated that we still collect "shiny paper" magazines and flyers to be recycled and used for the Ronald McDonald House.  A collection receptacle is located at Len Dick Signs on Route 30, if you wish, you may drop off your donations at the Township Office and we will make a trip to the collection center.

8. Resolution #2013-45: Stephanie A. Egger stated that action needs to be taken to approve Resolution #2013-45 to exonerate several residents from 2012 Per Capita and Municipal taxes. A list was made available for the Supervisors and the residents are listed on the resolution. Timothy D. Beard III made a motion to approve the resolution. John C. O'Brien second the motion. Motion passed by unanimous vote.

9. Resolution #2013-46: Stephanie A. Egger stated that action needs to be taken to approve Resolution #2013-46 to exonerate Joyce Hamm, Tax Collector, from uncollected Per Capita and Municipal taxes. Timothy D. Beard III made a motion to approve the resolution. John C. O'Brien second the motion. Motion passed by unanimous vote.

10. Resolution #2013-47: Stephanie A. Egger stated that action needs to be taken to appoint Art Stabler as an Alternate member of the Zoning Hearing Board. Term to be for three (3) years. Timothy D. Beard III made a motion to approve the appointment. John C. O'Brien second the motion. Motion passed by unanimous vote.

11. Resolution #2013-48: Stephanie A. Egger stated that action needs to be taken to appoint Bill Hudson as an Alternate member of the Zoning Hearing Board. Term to be for three (3) years. Timothy D. Beard III made a motion to approve the appointment. John C. O'Brien second the motion. Motion passed by unanimous vote.

12. Resolution #2013-49: Stephanie A. Egger stated that action needs to be taken to set and approve the wage percentage for taxes collected by Joyce Hamm, Tax Collector for 2013. Stephanie A. Egger presented a chart showing the different rates that other Townships are paying. Timothy D. Beard III made a motion to set the wage percentage at 5%. This is the same rate as 2012. John C. O'Brien second the motion. Motion passed by unanimous vote.

13. United Hook & Ladder: Stephanie A. Egger stated that we have received a request from United Hook & Ladder for a donation towards their annual budget. Stephanie A. Egger stated that if they will remember, The Chief from United Hook & Ladder was at our January meeting to explain the need for this request. After discussion, it was decided that this request is for the residents and not the Township. Timothy D. Beard III went over what it would cost for us to have a paid Fire Dept. Timothy D. Beard III stated that the donation is a lot cheaper than the imposition of a Fire Tax. John C. O'Brien made a motion to deny the donation request. Timothy D. Beard III second the motion. Motion passed by unanimous vote.

14. Holding Tank Permit: Stephanie A. Egger stated that action needs to be taken to give final review and approval of the proposed use of a holding tank for the Brian Buchanan property located at 6360 York Road. Timothy D. Beard III made a motion to approve the plan based upon the SEO recommendation. John C. O'Brien second the motion. Discussion: Stephanie A. Egger stated that she sees two items that need to be addressed with this plan. (1) The agreement with Smiths Sanitary Septic is not signed by Mr. Buchanan. (2) We need to set a dollar amount for an escrow amount to be held by the Township to guarantee that the holding tank is maintained. Stephanie A. Egger recommends a 50% escrow in the amount of $1,200 based on the yearly cost of $2,388.00 from Smiths Sanitary Septic Service. Jack Powell, Engineer for Mr. Buchanan, stated that they are aware of the needed signature and they are going to take care of that issue. Mr. Powell also stated that they would want the Township to set up the escrow account. Timothy D. Beard III withdrew his original motion and John C. O'Brien withdrew his second. Timothy D. Beard III made a motion to recommend approval of the Holding Tank Plan pending completion of the two Board recommendations. John C. O'Brien second this motion. Motion passed by unanimous vote.

15. LED Lights: Stephanie A. Egger stated that the Board has received a letter from the Roadmaster, Jay Livingston, with quotes for changing the Traffic Light at Primrose Lane & Route 194 to the use of LED lighting. We received two quotes, one of which was not a PennDot approved company. Mr. Livingston’s recommendation is to use PennDot approved, Signal Control Products. Their quote for materials is $819.00. Our crew will do the installation at an approximate cost of $538.64; making the total cost $1,357.64. Jay Livingston stated in his report that the Township will save about 60% in energy costs. Timothy D. Beard III Made a motion to accept the quote from Signal Control Products and go ahead with this project. John C. O'Brien second the motion. Motion passed by unanimous vote.

16. Stephanie A. Egger stated that the Board of Supervisors has received a letter of resignation from Henry Lutz. He is resigning from the East Berlin Area Community Center Board. Timothy D. Beard III made a motion to accept the resignation of Mr. Lutz. John C. O'Brien second the motion. Stephanie A. Egger stated that he will be truly missed. Stephanie A. Egger then stated that the township is in need of two (2) volunteers to serve on this board, if you are interested please call or come to the Township Office.

17. Zoning Ordinance Draft: Stephanie A. Egger stated that the draft of the proposed Zoning Ordinance text has been received and now needs to be reviewed by the Township Solicitor, Ronald Tomasko. The Board has received a letter of recommendation from the Planning Commission to proceed with the submitted text. John C. O'Brien made a motion to approve sending the Draft to Ronald Tomasko, Attorney, for review. Timothy D. Beard III second the motion. Motion passed by unanimous vote. Stephanie A. Egger gave Ronald Tomasko, Attorney a copy of the Zoning Ordinance Draft.

18. Zoning Map: Stephanie A. Egger stated that the Board of Supervisors has received a proposed Zoning Map. The same letter from the Planning Commission, referenced above, has their recommendation for approval of the submitted zoning map. Timothy D. Beard III made a motion to have Ronald Tomasko, Attorney, review the proposed Zoning Map in conjunction with the Zoning Ordinance text. John C. O'Brien second the motion. Motion passed by unanimous vote. Stephanie A. Egger gave Ronald Tomasko, Attorney a copy of the proposed Zoning Map. Ronald Tomasko, Attorney requested a copy of the Adams County Planning & Development comments and a copy of the previous zoning map.

19. James & Kimberly Aiello Sewer Facilities Planning Module: Stephanie A. Egger stated that Tim Wargo, SEO, has sent the proposed subdivision sewer facilities planning module for James & Kimberly Aiello for approval. The property is located along Pine Run Road and Winding Lane, (1650 Pine Run Road, East Berlin, PA 17316). The Module has been reviewed and approved by the Township SEO, Tim Wargo. After discussion with Jason Reichard, Township Engineer, it was realized that this had not been reviewed by Planning Commission. Timothy D. Beard III made a motion to send this to Planning Commission and the Zoning Officer for review and recommendation. He further motioned that this Module have conditional approval by the Board of Supervisors when the recommendation from Planning Commission and the Zoning Officer is received. John C. O'Brien second the motion. Motion passed by unanimous vote.

20. Stephanie A. Egger stated that we received notice from Comcast that they are adding 50+ Spanish Channels to their line-up. A flyer is posted on the bulletin board.

Stephanie A. Egger asked if there was any further business to be brought before the Board. There was none.

PUBLIC COMMENTS:

1. Lela Reichart, 767 Carlisle Pike, asked about the on-site septic pumping, were there any failures or residents that did not pump. Deborah A. Brogan answered her question: There are still people who need to pump and so far we have had no failures.

2. Mel Lebo, Chairman Planning Commission, Foxtown Drive, stated that the receipt of the Adams County Planning & Development comments was the reason the Zoning Map was sent back to the Planning Commission for review.

Secretary’s note: According to minutes received from Planning Commission; on 8/21/12 it was motioned that the proposed map changes would be continued at the next meeting. This was a unanimous vote. At the 9/18/12 Planning Commission meeting it was motioned that the Zoning Map presented by Andrew Merkel be recommended for approval by the Board of Supervisors. This was a unanimous vote.

3. Tony Long, 1375 Pine Run Road, addressed a question asked by Mary Beard concerning the traffic light at Primrose Lane and Rt. 194. She asked if the timing could be adjusted for the Turn onto Rt. 194. Tony Long explained the trip line for the turn lane. Jay Livingston added that this is something that would need to be done by PennDot.

4. Ron Weidner, The Spangler Road, stated that the Zoning Map was approved for recommendation by the Planning Commission two meetings ago before Adams County Planning & Development comments were received. The map has been approved twice by the Planning Commission. Further discussion was had.

PLANNING COMMISSION RECOMMENDATIONS AND STATUS OF

ACTIVE PLANS: None

COMMITTEE & DEPARTMENT REPORTS:

1. East Berlin Area Community Center (EBACC): Stephanie A. Egger stated that an update of events is posted on the bulletin board.

2. Abbottstown Paradise Joint Sewer Authority: John O'Brien stated that not much is going on at the authority. The pump at the Moulstown Road station was repaired.

3. Parks and Recreation Board: Virginia Zickafoose stated that they will meet in February and March with DCNR about the requirements for submitting the bids for the Rail Trail project.

4. Road Master’s Report: Jay Livingston, Road Master stated that they have been doing salting and cindering; putting up new road signs; trimming brush, working on the sewer and general township duties. Timothy D. Beard III stated that the crew is doing a great job.

5. COG Report: Jay Livingston stated that there was no meeting in January due to snow. The Public Works Association wants to set up a meeting, but he has not heard about a date. He also has not received any bid information.

6. East Berlin Joint Authority Report: John O'Brien stated that the sewer system is working great. They have worked on some water breaks due to freezing pipes.

7. Finance Committee Report: Stephanie A. Egger stated that there was no meeting in January.

8. East Berlin Library: Brian Campbell stated that there is nothing to report.

Solicitor’s Report – Ronald Tomasko, Attorney, presented his report to the Board of Supervisors. Ronald Tomasko, Attorney stated that David Lease is appealing the decision of the Board for Septic issues. Cross Keys Diner/Hensco is still pursuing the issue of the 2001 Declaration of Taking.

Engineer’s Report: Jason Reichard, P.E., Township Engineer, presented his report to the Board of Supervisors. A preconstruction meeting was held on 1/7/2013 with the Conservation District, Owner, H&H Contractors and representatives of C S Davidson and Hamilton Township. C S Davidson has been reviewing sanitary sewer shop drawings and cut sheets. Manhole No. 1 was installed on 1/30/2013 to provide connection with the existing sanitary sewer main along Rt. 94. Approximately 40 linear feet of sanitary sewer pipe has been installed to date. C S Davidson continues to have a representative on site all the time. Jason Reichard then pointed out that there are some labeling errors on the new Zoning Map. He gave the corrections to Ronald Tomasko, Attorney and the Board.

Zoning Officer’s Report: Ron Balutis, ZO/BCO, presented his report to the Board. Ron Balutis stated that there will be large BAE trucks driving around the township and if you hear the noise from them don’t be alarmed. They are doing some testing. Stephanie A. Egger asked that Ron Balutis give the Board some information on this issue.

MOTION TO PAY THE BILLS:

Stephanie A. Egger presented the Board with a listing of the January 2013 bills to be approved for: General Fund, Route 94 Sewer, and Traffic Light. Timothy D. Beard III made a motion to approve the bills as submitted. John C. O'Brien second the motion. Motion passed by unanimous vote.

GOOD OF THE ORDER:

John: Thanked everyone for coming. John mentioned that this year he is up for re-election and he does not plan to run.

Tim: Stated that he is very sorry that John will not be running. He wants to state that he appreciates all he has done for the Township. Tim asked everyone not to forget their Sweetie.. Thank you for coming.

Steph: Stephanie A. Egger reminded everyone of the next meeting dates.

Ann Harman, 315 700 Road, thanked John for his service to the Township.

Meeting Dates:

Next Parks & Recreation Committee Meeting – Tuesday, Feb. 12, 2013 @ 7:00 pm

Next Planning Commission Meeting – Tuesday, Feb. 19, 2013 @ 7:00 pm

Next Finance Committee Meeting – Monday, February 25, 2013 @ 6:30 pm

The Board of Supervisors Regular Meeting – Monday, March 4, 2013 @ 7:00 pm

Having nothing further to discuss, Timothy D. Beard III made a motion to adjourn at

8:05 pm. John C. O'Brien second the motion. Meeting adjourned.

Minutes taken & transcribed by:

________________________________

Deborah A. Brogan

Hamilton Township Secretary

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