M I N U T E S NOVEMBER 17, 2010 LEGISLATIVE MEETING LOWER SWATARA TOWNSHIP BOARD OF COMMISSIONERS

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1 M I N U T E S NOVEMBER 17, 2010 LEGISLATIVE MEETING LOWER SWATARA TOWNSHIP BOARD OF COMMISSIONERS The regular monthly meeting of the Lower Swatara Township Board of Commissioners, held at the Lower Swatara Township Municipal Building, was called to order at 7:00 P.M. by Commissioner Thomas R. Clark. He then turned the floor over to Solicitor Henninger. Solicitor Henninger explained that since both the President and Vice President are absent this evening, the Board needs to appoint a temporary Chairman of the meeting. He opened the floor for nominations. A motion was made by Commissioner Loych, seconded by Commissioner Mehaffie, to appoint Thomas R. Clark as Meeting Chairman. Hearing no other nominations, the nominations were closed and the motion to appoint Chairman Clark as Meeting Chairman was unanimously approved. Chairman Clark called for the pledge of allegiance and moment of silence. He asked that everyone keep the Linn family in their thoughts and prayers with the loss of their wife/mother. Roll call was taken with the following officials in attendance: Thomas R. Clark, Commissioner Robert L. Loych, Commissioner Thomas L. Mehaffie III, Commissioner Ronald J. Paul, Manager/Secretary Peter R. Henninger, Township Solicitor Christopher K. Bauer, P.E. HRG, Township Engineer Jean R. Arroyo, Recording Secretary Excused: Frank Linn Sr., President William L. Leonard, Vice President Residents and visitors in attendance: Phyllis Zimmerman (Patriot-News) Jon Wilt (1257 Longview Drive) John & Stephanie Ponnett (21 James St.) N. Pendergrass (1835 Briarcreek Ln.) S. Leto (1501 Farmhouse Ln.) Michael Tokar & Joseph Tokar (570 Colony Dr.) Chairman Clark then opened the meeting for public comments.

2 PUBLIC COMMENTS: Chairman Clark acknowledged Boy Scout Troop 594 and asked the scouts to introduce themselves. Joseph Tokar introduced himself and his fellow scouts Michael and John, and explained that they are working on their communications merit badge. Chairman Clark welcomed them to the meeting. APPROVAL OF MINUTES: A motion was made by Commissioner Loych, seconded by Commissioner Mehaffie, to approve the Minutes of the October 20, 2010 Legislative Meeting. The motion was unanimously approved. approve the Minutes of the November 3, 2010 Workshop Meeting. The motion was unanimously approved. APPROVAL OF BILLS: A motion was made by Commissioner Loych, seconded by Commissioner Mehaffie, to approve the Payment of Bills as presented on Warrant No The motion was unanimously approved. APPROVAL OF TREASURER S REPORT: approve the Treasurer s Report for October The motion was unanimously approved. ENGINEER S REPORT: Mr. Paul reported that the Board members had received, via , copies of several invoices relative to the Meade Avenue project. He asked Mr. Bauer to update the Board on this project. Chris Bauer, HRG, noted that there has been significant movement on the project, including grading, water line relocation, and the start of excavation of the detention basin. With that work, the first pay application has been submitted by the contractor in the amount of $320, There is also a payment request from Navarro & Wright, the consulting engineer for the construction inspections, in the amount of $12, In addition, HRG has submitted a request 2

3 for payment for construction fee and administration in the amount of $28, A motion was made by Commissioner Loych, seconded by Commissioner Mehaffie, to approve the payment of bills to HRG, Inc. in the amount of $28,170.71; payment of bills to Navarro & Wright in the amount of $12,426.54; and payment of bills to Leon Wintermeyer (project contractor) in the amount of $320, The motion was unanimously approved. Commissioner Mehaffie inquired if the project is running smoothly. Mr. Bauer stated that quite a few stumbling blocks have been gotten over, and it appears that the contractor will be finished in June 2011, which is what the contract requires. The installation of the culverts will begin after Thanksgiving, and this will advance the project considerably. SOLICITOR S REPORT: Solicitor Henninger reported that he has advertised the stormwater management ordinance that needs to be in place by the end of year. This ordinance will be placed on the December agenda for formal action. In addition, he and Mr. Paul are working on some changes to the subdivision ordinance as a result of this updated stormwater management ordinance. This will most likely not be ready until the January agenda. Solicitor Henninger also reminded the Board of the Public Hearing, scheduled for December 1, at 6:00 P.M., pertinent to the proposed student housing amendment to the Commercial Neighborhood District. Action on this amendment will also appear on the December 15, 2010 legislative agenda. Solicitor Henninger requested the Board convene into executive session immediately upon conclusion of this evening s meeting in order to discuss a personnel issue. Mr. Paul referenced the new stormwater management ordinance scheduled for adoption, and noted that a fee resolution pertinent to stormwater review will also need to be adopted. The staff is proposing to implement a fee schedule similar to the one for subdivision and land development. He noted the penalty phase in that ordinance, to be consistent with the zoning and subdivision ordinances, calls for a $500 penalty per violation. Unless the Board objects, he recommended that the Township continue using this amount. There was no objection expressed by any Board member. 3

4 MANAGER S REPORT: Mr. Paul stated that he would like to read aloud the 2011 Budget Report, as prepared by Marylou Rittner, Financial Administrator. He noted both Ms. Rittner and Daniel Nolte, Township Accountant, are in attendance this evening Budget Report Revenues The year 2011 budget for Lower Swatara Township reflects total revenues, including the anticipated ending cash carryover, as $4,895,775. Given the current economic conditions, it was a challenge to present our residents with a fair and fiscally sound policy for the upcoming year. This budget is actually 4% less than the revised 2010 budget. We are pleased to report that the Real Estate Tax millage rate will remain the same for General Fund purposes. Revenues from the Local Enabling Act Taxes are budgeted at the same level as levied for the year The tax rates for Act 511 Taxes levied on behalf of the Township will remain unchanged. These taxes include the Township Per Capita, Occupation, Earned Income Tax, Real Estate Transfer Taxes and the Local Services Tax (LST). Revenues from the Real Estate Transfer Taxes are budgeted as the same as the year Due to these uncertain economic times, it is difficult to predict the movement of property sales. We have budgeted the same levels in the Earned Income Tax receipts. We are optimistic that we will overall achieve the same levels. The Local Services Tax (LST) tax is levied on those employees who work within the corporate boundaries of Lower Swatara Township and who earn $12, or more. The Township wants to reinforce that this tax is levied on those people who work (and not necessarily reside) within Lower Swatara Township. These are some of the same people who utilize our services such as the Police, Fire Department and roadways while working in our area. In this same vein, the Township, the Middletown Area School District and the Borough of Middletown were successful in having been able to levy a parking tax on the facilities associated with the Harrisburg International Airport, Cramer s and other area parking sites. This is part of the often mentioned local property tax relief plan. Having had a couple of years experience in the receiving this tax, we are comfortable with expectations of receiving $160,000. The Township is anticipating grants in excess of $104,330. A grant of approximately $69, is expected from the School Resource Officer Program (SRO). The Township and the Middletown Area School District have partnered to enter into this very worthwhile program. The grant pays for portions of the salary for the officer and his benefits. A grant of $34,000 is expected from the very successful Recycling Program. We also anticipate a $900 grant from Dauphin County for our EMA office. Some of the major projects, which are included in the permit category, include: additions to Stoneridge Commerce Park, Linden Centre, and other industrial projects. Several new housing starts are also anticipated, including growth in Old Reliance Farms, townhomes in Woodridge and the former Tinian Manor Swim Club area, and the beginning of the new Retirement Community. Overall, all permit categories are anticipated to generate considerably less revenues than in previous years. The projected cash carryover from 2010 is anticipated to be $570,000. Given the current economic situation, the Commissioners and staff were fiscally conservative in order to ride out this situation. The Township had received a much anticipated grant from the County for the 4

5 soccer/recreation areas. As the Recreation/Fire Station projects have been completed, the Township brought forward any remaining funds to be used for capital acquisitions and future staffing needs. Expenditures Expenditures are projected at $4,895,775. In the administrative categories some changes have been budgeted. A position has been budgeted for a partial year for an assistant township manager. The assistant accountant has been budgeted for a full year. Wage increases were kept to a bare minimum. Slight increases are shown for the insurances. Due to the poor economic market conditions in recent years, the township contribution for the pension plans is markedly higher. By and large, the Police Department s budget is slightly more than 1.5% than the year 2010 adjusted budget. Wages are in accordance with the contract currently in force. As part of our ongoing Capital Asset Acquisition plan, two squad cars have been budgeted. These cars will also be equipped with the necessary computer systems. These updated systems will not only help our officers to better protect our citizens but will also offer our officers better means of communication and add to their safety. The Community Policing endeavors continue to be well received and the program will continue. With the exception of slight salary increases, and increases in other benefits, the Protective Inspection department is not significantly changed from the year The Planning and Zoning Department has remained unchanged for In the Public Works Budget, an overall decrease of approximately 4% has been budgeted for 2011 from the revised 2010 budget. One of the reasons is the upcoming retirement of one employee who has been successfully educating his replacement to take over all duties in One of the other reasons for the decrease is due to our having a more limited scope of roadway improvements. As the Township has grown, so have the duties of the Public Works crew. Over time, the road system has increased by at least 8-10 miles, meaning that there is more plowing, leaf picking, and sewer line maintenance. The crew is to be commended for keeping up with the demands. The budget does reflect minor costs to maintain the existing equipment. This maintenance program will keep the department operating at maximum efficiency. In the Traffic Signal category please be advised that the old style bulbs were replaced with LED devices in all but one of our traffic lights. As a result we have experienced a significant reduction in the electric costs. The Public Works labor forces will mainly be expended on maintaining the existing roadways and upgrading the recreational area. The public works superintendent has tentative plans to do major roadwork on portions of Rosedale Avenue from the Highspire Borough line to Stoner Drive and also Spring Garden Drive from Lumber Street to Fulling Mill Road. No new major equipment has been budgeted for the public works department. The budgeted squad cars can be found on the budget under the debt principal and interest categories. Insurance premiums are expected to increase slightly for the year The Township has been able to contain some of these escalating costs due to our having joined in a consortium with several other Municipalities to purchase our insurance through the Capital Region Insurance Trust. As a result of the levying of the Local Services Tax (LST), the Township will be able to transfer $81, to the Capital Improvements Fund. Those funds then assist us in repaying the outstanding debt issues. The remainder of these funds will assist us in funding the contracted 5

6 Emergency Medical Services and to assist in the purchases for the police and public works departments. Each department was very frugal in the decisions to make any purchases for their respective division. However, due to the rising costs of the same forces which the private citizen is facing rising energy costs and the accompanying impact on the cost of the goods that the Township consumes in providing its services there may be some delays in doing some of previously planned road projects. The finance committee, manager and staff are pleased to report that no real estate tax increase for general purposes was necessary. The General fund millage rate will remain at 2.5 mills, for the 7th consecutive year, while the tax rate for the Hydrant Fund will remain unchanged for the 22st consecutive year. Miscellaneous Funds In addition to the General Fund, the Township maintains several miscellaneous funds. The activity in two of these funds should be noted. As the Township grows, the impact of these funds is also magnified. 1. Highway Liquid Fuel The anticipated allocation of State Funds for 2011 is $193,000. The Township will use this sum, along with any residual balance from 2010, for the major reconstruction of the previously mentioned roads mainly portions of Rosedale Avenue and Spring Garden Drive. Let it be noted that the State s allocation is less than the prior year. This allocation is based upon the fuel purchased and is allocated to each municipality by a complex state formula. The lesser allocation is the result of people driving fewer miles due to the higher costs of fuel and driving more fuel efficient vehicles. Capital Reserve Fund The balance in the capital reserve fund will allow the Township to fund future capital projects and to fund major equipment. The Township does maintain an informal capital acquisition schedule and this fund is available to assist us in procuring our needs. Respectfully submitted, Marylou M Rittner Financial Administrator 17 November 2010 Commissioner Mehaffie commended the Budget & Finance Committee, Ms. Rittner, and Mr. Paul for a job well done on the budget. Chairman Clark agreed, and also commended the staff for helping to keep budget items in line. He observed several at the same level it was last year statements in the report. A motion was made by Commissioner Loych, seconded by Commissioner Mehaffie, to approve advertisement of the 2011 General Fund Budget. The motion was unanimously approved. 6

7 COMMITTEE REPORTS: Police Committee Chairman Clark stated he would like to make a motion, based on the findings of the Accident Review Board, to approve a two-day suspension without pay, for Officer Scott Flowers. The motion was seconded by Commissioner Mehaffie, and unanimously approved. Chairman Clark referenced the litigation issue that the COG is involved with; this will be on the agenda this evening. Chairman Clark also referenced another item that was discussed at the COG meeting. Cumberland County has a program that it uses for its fire police, volunteer firefighters, EMS, and other county volunteers. It is called the Thanks Program and offers these volunteers discounts at various restaurants, stores, etc. The program has been quite successful, and Cumberland County is trying to branch out into York, Perry and Dauphin counties to expand this into the other areas that the COG encompasses. To that end, they will be meeting with the Dauphin County Commissioners to try to get their endorsement. Chairman Clark asked Mr. Paul to pass this information on to the Fire Department. Public Safety Commissioner Mehaffie reported that he and Chairman Clark had the opportunity to attend a welcoming ceremony for Lennox Distributors, an air-conditioning/heating distributor. The company recently placed its eastern regional distribution plant right here in the Township. Commissioner Mehaffie welcomed Lennox to the community, and thanked it for choosing Lower Swatara Township as the location for its regional hub. Public Works Commissioner Loych reported that the Public Works Department has been busy with leaf collection. As discussed at the last workshop meeting, the Township did send notices to residents who had branches overhanging the street. Commissioner Loych reported that the Olmsted Recreation Board meets Thursday. Last month, the Recreation Board received approval to move forward with the Middletown public pool. It is hoped that the pool will be up and running by the end of May Budget and Finance in the absence of Vice President Leonard, Chairman Clark reported that cash receipts for the month of October totaled $90, The major sources of revenues were from the SARAA patron parking fees, permit fees, Act 511 taxes, and other miscellaneous receipts. Cash expenditures totaled $574, and were comprised of the two transfers to the payroll account, a $115,000 transfer to the Capital Reserve Fund, the transfer of funds received on behalf of the Lower Swatara Fire Relief Association, various invoices related to the ongoing road work 7

8 projects, and all invoices due and payable. Investments totaled $788, with an average annual yield of 0.5%. UNFINISHED BUSINESS: grant a request for a 90-day time extension, as requested by the developer, for the Final Subdivision Plan for Bryn Gweled East (26 lots), located along Lumber Street, immediately south of PA 283, prepared by Dauphin Engineering Co. and submitted by B W Partnership. The plan was recommended for approval by the Planning Commission on May 24, day time extensions were granted by the Board on July 18, 2007, November 21, 2007, February 20, 2008, May 21, 2008, August 20, 2008, November 19, 2008, February 18, 2009, May 20, 2009, August 19, 2009, November 18, 2009, February 17, 2010, May 19, 2010, and July 21, The plan is due to expire on November 17, The motion was unanimously approved. grant a 90-day time extension, as requested by the developer, on the Final Land Development Plan of Residential Retirement Community, Phase 1, located along Fulling Mill Road at the intersection of Nissley Drive, prepared by Navarro & Wright, Inc. and submitted by Fulling Road LLC. The plan was recommended for approval by the Planning Commission on November 15, 2007 with stipulations. The plan was due to expire on February 20, day time extensions were granted by the Board on February 20, 2008, May 21, 2008, August 20, 2008, November 19, 2008, February 18, 2009, May 20, 2009, August 19, 2009, November 18, 2009, February 17, 2010, May 19, 2010, and August 18, The plan is due to expire on November 17, The motion was unanimously approved. table the Final Subdivision Plan of Old Reliance Farms, Section 18-B (9 lots), prepared by Dauphin Engineering, Inc. and submitted by Old Reliance Partnership. The plan was recommended for approval by the Planning Commission on May 27, A 90-day time extension was granted by the Board on April 21, A one-year time extension was granted by the Board on July 21, The plan is due to expire on August 25, The motion was unanimously approved. 8

9 NEW BUSINESS: Mr. Paul reported that the first plan under Unfinished Business is the Final Subdivision Plan and Final Land Development Plan of the Odd Fellows Home of Pennsylvania, Family Care Center Practice and Radiological/Lab Suite, located at the northeast corner of West Harrisburg Pike and Rosedale Avenue, prepared by Schlouch, Inc. and submitted by Middletown Management Associates, L.P. The plan was recommended for approval by the Planning Commission on October 28, The plan is due to expire on January 26, While the plan itself is not in a position for approval, there are several waiver requests associated with the plan. If the Board so desires, it can act on the waiver requests this evening. A motion was made by Commissioner Loych, seconded by Commissioner Mehaffie, to grant the request for an Alteration of Requirements for a waiver of the following requirements of the Code of Ordinances, Chapter 22, Subdivision and Land Development: A waiver of the Preliminary Plan as required by Section 403 (Planning Commission recommended granting said waiver). A waiver from showing existing contours for the entire parcel as required by Section 407.A.(14) (Planning Commission recommended granting said waiver). A waiver from the minimum street right of way and cartway width of Rosedale Avenue as required by Section A. Currently designated Collector Road (60 wide R/W and 28 cartway w/6 paved shoulder), this waiver will allow Rosedale Avenue to be a Minor Road (50 wide R/W and 24 cartway w/4 paved shoulder). (Planning Commission recommended granted said waiver). A waiver from Street Construction Base Course and Surface Course as required by Section B.(2) and C.(1). (A waiver to the requirement to provide a base course and surface course as required for a collector street and to allow the following Superpave mix designs: Base Course, PG 64-22, 0.3 to <3 million ESALs, 25.0mm mix, 5 inches depth; Binder Course, PG 64-22, 0.3 to <3 million ESALs, 12.5mm mix, 2 inches depth, and; Wearing Course, PG 64-22, 0.3 to <3 million ESALs, 9.5 mm mix, 1.5 inches depth). (Planning Commission recommended granting said waiver request). A waiver of curbing on West Harrisburg Pike and Rosedale Avenue as required by Section 606 (Planning Commission recommended granting said waiver) 9

10 A waiver of sidewalk on Rosedale Avenue as required by Section 607 (Planning Commission recommended granting said waiver). The motion to grant the waiver requests was unanimously approved. A motion was then made by Commissioner Loych, seconded by Commissioner Mehaffie, to table the Final Subdivision Plan and Final Land Development Plan of the Odd Fellows Home of Pennsylvania, Family Care Center Practice and Radiological/Lab Suite, located at the northeast corner of West Harrisburg Pike and Rosedale Avenue, prepared by Schlouch, Inc. and submitted by Middletown Management Associates, L.P. The motion to table was unanimously approved. The next plan on the agenda was the Preliminary/Final Land Development Plan for New Parking lot at The Penn State University Harrisburg Campus, located at the northeast corner of College Avenue and University Drive, prepared by Gannett Fleming and submitted by Penn State University. The plan was recommended for approval by the Planning Commission on October 28, The plan is due to expire on January 26, Again, the plan itself is not ready for action but there is a waiver request that the Board may act on this evening, if it so desires. A motion was made by Commissioner Mehaffie, seconded by Commissioner Loych, to grant a request for an Alteration of Requirements for a waiver of the Preliminary Plan as required by Section 404 of the Code of Ordinances, Chapter 22, Subdivision and Land Development (Planning Commission recommended granting said waiver). The motion was unanimously approved. A motion was then made by Commissioner Mehaffie, seconded by Commissioner Loych, to table the Preliminary/Final Land Development Plan for New Parking lot at The Penn State University Harrisburg Campus, located at the northeast corner of College Avenue and University Drive, prepared by Gannett Fleming and submitted by Penn State University. The motion to table was unanimously approved. A motion was made by Chairman Clark, seconded by Commissioner Loych, to approve advertisement of Ordinance No This ordinance adopts a new Stormwater Management Ordinance. The motion was unanimously approved. approve the preparation and advertisement of an Ordinance that will amend the Subdivision and Land Development Ordinance in order to make it more compatible with new adopted Stormwater Management Ordinance No The motion was unanimously approved. 10

11 A motion was made by Commissioner Loych, seconded by Commissioner Mehaffie, to approve the annual Dauphin County Planning Commission s planning contract for Municipal Planning Advisory Services for calendar year The motion was unanimously approved. A motion was made by Chairman Clark, seconded by Commissioner Loych, to approve/reject the Pennsylvania Municipal Health Insurance Cooperative Agreement. The motion was unanimously approved. approve the expenditure of $2,000 to Capital Region Council of Governments, to be used towards legal expenses to fight proposed EPA mandates pertinent to wastewater treatment systems and the clean up of the Chesapeake Bay. Chairman Clark asked Mr. Paul to elaborate on this item, for the benefit of the public in attendance. Mr. Paul explained that the Township is currently involved in construction upgrades to both the Highspire Wastewater Treatment Plant and the Middletown Wastewater Treatment Plant. This is being done in order to comply with EPA and DEP regulations. Now EPA has a new set of regulations that is desires to implement; DEP is actually opposing these regulations. Should these regulations be implemented in PA, the plants would again be obsolete and need to be upgraded at a tremendous cost. Municipalities are joining together and preparing their legal team to fight this proposal. Solicitor Henninger added that the Township s contribution for the current upgrades is approximately 10 million dollars. If these new EPA regulations are approved, a ballpark estimate for the Township s contribution for the upgrades is upwards of million dollars. He recommended the Board approve this $2,000 expenditure to fight the proposed regulations. The motion to approve was unanimously approved. approve authorization of payment for the Highspire Waste Water Treatment Plant BNR construction upgrades, Requisition No. 14, in the amount of $113, to Highspire Borough Authority. The motion was unanimously approved. A motion was made by Commissioner Loych, seconded by Commissioner Mehaffie, to approve authorization of payment for the Middletown Waste Water Treatment Plant BNR construction upgrades, Requisition 9-A, in the amount of $275, to Middletown Borough Authority. The motion was unanimously approved. The Board acknowledged receipt of the revised 2011 Minimum Municipal Obligation. 11

12 A motion was made by Commissioner Loych, seconded by Commissioner Mehaffie, to approve the following 2010 Personal Tax Exoneration Lists: List 4: Full bill Occupation $ Per Capita $ TOTAL: $ List 4: Occupation Occupation $ TOTAL: $ The motion was unanimously approved. FINAL COMMENTS: The Board members wished everyone a Happy Thanksgiving. ADJOURN AND CONVENE INTO EXECUTIVE SESSION: Hearing no other business, a motion was made by Commissioner Loych, seconded by Commissioner Mehaffie, to adjourn the meeting and convene into executive session. The motion was unanimously approved, and the meeting adjourned at 7:56 P.M. ATTEST: Ronald J. Paul Township Secretary 12