HARRIS TOWNSHIP

BOARD OF SUPERVISORS

April 14, 2003

Prior to the commencing the business of the public hearing, Chairman Hameister led the Pledge of Allegiance.

1. CALL TO ORDER.

Chairman Hameister called the Public Hearing to order at 7:30PM.

Chairman Hameister explained that the purpose of the Public Hearing was to express any comments with relating to the adoption of the proposed Ordinances.

There were no comments.

2. ADJOURNMENT.

Chairman Hameister adjourned the Public Hearing of the April 14, 2003, Harris Township Board of Supervisors meeting at 7:32 P.M.

MEMBERS PRESENT:

Chairman Dennis Hameister, Vice- Chairman Charles (Bud) Graham, Supervisor Josephine Chesworth, Supervisor Nigel Wilson and Supervisor Cliff Warner

OTHERS PRESENT:

Todd Shea - Interim Township Manager / Zoning Ordinance Officer; Lori Cahill – Secretary; DJ Liggett – CRPA; John Drescher, C-Net; Randolph Thomas, Harris Township Resident; Ron Buckalew, CRPC Representative for Harris Township; Garry McShea, Harris Township Resident; Cheryl Bohn, Springfield House B & B; Van Winter, Boalsburg Fire Company; Sharon Faulkner, Harris Township Parks and Recreation; Lisa Berkey, Harris Township Planning Commission; Richard Wysk, Harris Township Resident; Don Franson - Township Engineer; Chief Tom King - State College Police Department.

CALL TO ORDER:

Chairman Hameister called the April 14, 2003 meeting of the Harris Township Board of Supervisors to order at 7:33 P.M.

APPROVAL OF THE MINUTES:

Supervisor Wilson stated that the Code Committee did not meet.

Upon a motion made by Supervisor Chesworth, seconded by Supervisor Wilson and carried unanimously, the Board moved to approve the minutes of the March 10, 2003 Board of Supervisors as amended. Ayes – 5; Nays – 0

CITIZENS COMMENTS:

No comments.

TOWNSHIP BUSINESS:

A. REPRESENTATIVE REPORT.

Ron Buckalew of the Harris Township Planning Commission stated that since his report dated September 9, 2002, there have been significant planning issues and projects implemented. He stated that the Centre Regional Planning Agency has provided useful documents to communicate better with regard to activities and staff. He stated that the regular report, data sheets and the annual report provided by DJ Liggett has been very useful. He stated that the Planning Commission has focused on an implementation of the comprehensive plan which, was developed in 2000, and ordinances for fire protection and stormwater. He stated that transportation has been receiving attention with regard to the ongoing highway project such as I-99 and the South Central Centre County Transportation Study. He stated that there have been a number of new staff members and the Planning Commission is in the process of clarifying status and roles as a result of evaluation of the commission in relation to other bodies such as COG and the Regional Planning Agency. He stated that the By Laws are out of date and the Planning Commission is in the process of defining precisely what is regional and what is not.

Supervisor Chesworth acknowledged the reports.

Ron Buckalew complimented DJ Liggett for preparing the reports.

B. SPECIAL EVENTS ORDINANCE REVISION.

Todd Shea stated that Chief Tom King of the State College Police Department recommended last year that the Special Events Ordinance be examined to determine if it could better address the circumstances involving crowds smaller than the 500 minimum contained in the current ordinance to apply to those smaller events that involve amplified sound. He stated that Chief King provided a revised version of the Ordinance, which the Interim Manager has edited and returned to be put into final draft form.

Chief King stated that last fall he and Tom Miller discussed complaints from residents regarding events. He stated that there are only three significant changes to the ordinance. He stated that some events held at Tussey Mountain do not meet 500 or they do not know they are going to meet 500, but do and are not registered. As a result, the police department is unaware to expect an event and does not schedule enough manpower. He stated that it creates a significant amount of traffic and noise level.

Chief King recommended that in Section 5, the definition 'business" be added so that it would not pertain to homes having an outdoor party. He stated that under "special event", the business would be required to file a request with the Township if outdoor amplified sound is used at the outdoor business event, if the outdoor event has amplified noise or not, is going to have 500 or more people, and if holding any business special event of which special services are required such as the fire, police, ambulance or any other Township services.

Chief King stated that under Section 6E, for a special event that is registered with the Township and have sold or distributed tickets for an event, they notify the Township 24 hours prior to the event of the number of tickets that have been sold for the event. He stated that representatives of the Home Owners’ Association have suggested a time restriction on audible amplified noise and whether or not there should be decibel limits.

Chief King stated that they do have the ability to use the Pennsylvania Crimes Code for enforcement.

Chief King stated that if the decibel level is going to be used, it should be monitored from the nearest residential property and could be determined with maps.

Vice-Chairman Graham entered the Harris Township Board of Supervisors Meeting at 7:51 p.m.

Supervisor Chesworth stated that she received an email suggesting lowering the limit to 250 people.

Supervisor Wilson suggested adding a clause for businesses to supply the number of tickets before the end of Fridays business day if the event is on Saturday or Sunday.

C. SMALL FIREARMS LOCAL ORDINANCE.

Mr. Shea stated that it has come to the Township’s attention that small firearms such as pellet and bb guns may not be subject to regulation unless a local ordinance exists providing such regulation, according to State College Police Department. He stated that a sample ordinance had been received from Patton Township. He stated that Chief King has been asked to discuss the police perspective on this matter and has indicated that the Crimes Code may be able to address our concerns.

Chief King stated that after reviewing Patton Township’s Ordinance, there is nothing wrong with it and that he would speak with Chief Petrick with regard to effectiveness. He stated that Section 6304 “The Crimes Code” already exists. He stated that the ordinance should have the language from “The Crimes Code” that would want to be accepted.

Chairman Hameister questioned the frequency of calls with regard to Section 6304.

Chief King stated that there are about 12 calls per year regarding BB guns phoned into the State College Police Department.

Chairman Hameister questioned the time of day in Section 6304.

Chief King stated it could be anytime.

Supervisor Wilson questioned the manner such as to endanger persons or property with regard to Section 6I.

Chief King replied by stating that a target could be set in the back of the home and be relatively safe within the compounds of the property.

Supervisor Wilson expressed concern about residents being outside.

Chairman Hameister suggested incorporating both into one new ordinance.

Chief King replied by stating that a decision would still need to be made regarding prohibiting any use of air rifles on private or public property by teenagers.

Chairman Hameister questioned the sufficiency of the Patton Township Ordinance.

Chief King replied by stating that Patton Township restrict small firearm use for minors.

Mr. Shea suggested using the Patton Township Ordinance and decide on the range.

Chief King suggested 150 yards of any dwelling and no shooting within a number range of people.

Chief King was asked to research other local ordinances and to return to the Board with a recommended draft that would address the Board's concerns.

D. LEE AVENUE PRELIMINARY SUBDIVISION PLAN.

Mr. Shea stated that the engineer for the developer dropped off revised plans and the Township engineers reviewed the plan. He stated that Mr. McShea owns a parcel of land on the South side of Lee Avenue that is almost 4 acres.

Mr. Shea stated that Mr. McShea is proposing a creation of eight lots. He stated that the Township has prepared three reviews of the plan and the Harris Township Planning Commission has reviewed the plan and by a vote of 6-1 to recommend approval of the plan contingent upon approval of waivers regarding right-of-way and fee-in-lieu. He stating that additionally the Planning Commission recommended that the developer install sidewalks on the south side of Lee Avenue. He stated that there is currently no regulation requiring the installation of sidewalks, but the planning commission felt it was worthy of recommending that the Board ask the developer to do that.

Don Franson stated that last fall he established a cost estimate to include the stormwater from Harris Avenue. He stated that the cost estimate was $65,000.00. He stated that the system is sized to handle flows between a 10 and 100 year storm. He stated that the map of Randolph Thomas shows a better property line.

Supervisor Wilson questioned 100 year storm designation and the issue of holding basin flooding. He expressed concern with regard to longer flow from the basin over time.

Mr. Thomas stated that the basin design is not doing what it is supposed to.

Supervisor Chesworth questioned the Ishler Street problem.

Mr. Fraiser stated that basin was not designed to handle a big storm. He stated that several acres would be required to handle that problem. He stated that there is no detention and to meet all conditions, a very large area would be needed. He stated that the detention area on Ishler Street is presently underground. He stated that by connecting two pipes, it would need to be kept underground.

DJ Liggett stated that a waiver is required for a right-of-way for Lee Avenue to widen to 33 ft. and 18 ft. for the cartway. She recommended Harris Township consider that waiver. She stated that the Planning Commission had discussed the issue of sidewalks and is recommending that sidewalks be incorporated into the subdivision plan on the south side of Lee Avenue due to the narrow width.

Van Winter proposed placing a fire hydrant between 2 and 3. He stated that there is currently no hydrant on Lee Avenue.

Chairman Hameister questioned the cul-de-sac issue.

Mr. Winter stated that an alternative would be to shut down or manually move everything aside.

Mr. McShea stated that there was a controversy at one point regarding ownership of an 18-ft. strip of property. He stated that when Fred Longberger previously owned his property and before improvements, there was a controversy of who owned the 18-ft strip of land. He stated that Mr. Longberger had claimed he owned it. He stated that there are no deeded records stating who is the owner of the property. He stated that after legal research, it was established that there was not a clear title and resorted back to the Longberger tract.

Ms. Faulkner of the Harris Township Parks and Recreation Committee stated that they have endorsed the idea of Fee-in-Lieu due to the limited amount of parkland that would result. She stated that as a resident of Memorial Drive, she has witnessed the amount of waterflow and had not been directly affected.

Randolph Thomas stated that as a Memorial Drive resident, he has seen water problems for 10-15 years. He stated that in the last 10 years it has occurred 2-3 times in a single year. He stated that he met with Don and Todd and agrees that Don’s solution is the only one that is going to work. He stated that with regard to the two detention basins on the Myers’ Estate, they take approximately 1/10 of the runoff and most of it goes in the opposite direction. He expressed concern for the Township to pay more attention to building things that work.

Vice-Chairman Graham questioned underground piping.

Mr. Shea stated that staff would recommend the Board to pursue the project, and apply the $21-22,000.00 reserved for other road projects. He stated that additionally, there is $10,000 currently budgeted for microsealing the bike path. He stated that the portion from the College Township line proceeding to Warner Blvd. does not need microsealed at this time due to stormwater concerns. He stated that $5,000 from that project’s reserve could be applied. He proposed that Mr. McShea pay for the installation of the pipe and inlet on his property.

Mr. Franson stated that with regard to Act 167 it would be gradual in shape to blend in. He stated that the idea is to hold the 1-2 year storm event. He stated that one measure would control the roof run off and the other being the berm taking run off and holding the additional water.

Lisa Berkey expressed concern with regard to soil infiltration and an 18-ft. cartway and adding seven additional homes without burms.

Vice-Chairman Graham questioned parking enforcement on a narrow street.

Mr. Shea stated it could be enforced, but Lee Avenue has never met minimum width standards.

Mr. McShea stated that he would provide nine-feet and pave the new surface.

Ron Buckalew stated that the majority of the Planning Commission is in favor of sidewalks.

Vice-Chairman Graham would like to see a berm or walkway for safety of pedestrians.

Mr. Franson stated that it might possibly be two feet in places from the edge of the road to the corners. He stated that there are hollow trees and brush to be removed.

Mr. McShea stated he tested passing vehicles. He stated that the dead trees and brush would need to be removed.

Supervisor Warner stated that the Tree Commission observed the trees and that there may be two lives trees worth saving in the area. He proposed planting new trees.

Upon a motion made by Supervisor Wilson, seconded by Supervisor Warner and carried unanimously, the Board moved to waive the requirements for right-of-way within cartway to allow a 33 ft. right-of-way and a 18 ft. cartway width. Ayes – 5; Nays – 0.

Upon a motion made by Supervisor Wilson, seconded by Supervisor Chesworth and carried unanimously, the Board moved to accept fee-in-lieu rather than parkland. Ayes – 5; Nays – 0.

Upon a motion made by Supervisor Chesworth, seconded by Supervisor Warner and carried unanimously, the Board moved to delay the two road projects and apply those funds to this stormwater project. Ayes – 5; Nays – 0.

Supervisor Wilson stated that for the amount of property involved there is no need for a sidewalk.

Supervisor Warner expressed the need for a walkway or path.

Mr. Franson suggested concrete located at the bus stop for the kids to stand.

DJ Liggett commented that the developer agreed to preserve the existing trees on the south side and the east and west side given the fact that the trees along Lee Avenue can not be saved.

Mr. Franson stated that the only trees shown are on the south side.

She stated that there is a provision in the ordinance that the supervisors may require street lighting if felt it is a public safety issue. She stated that in her opinion, lighting in the Township is an issue and does not feel the need for post lighting.

Upon a motion made by Supervisor Warner, seconded by Supervisor Chesworth and carried unanimously, the Board moved to approve the plan contingent upon the outstanding comments from the latest reviews absent lighting requirement by staff and CRPA. Ayes – 5; Nays – 0.

E. ADOPTION OF 2000 BUILDING CODES.

Mr. Shea stated that the 2000 Building Codes have been prepared and advertised for adoption.

Upon a motion made by Supervisor Warner, seconded by Supervisor Wilson and carried unanimously, the Board moved to adopt Ordinance No. 227 – International Building Code/2000, the Building Code. Ayes – 5; Nays – 0.

Upon a motion made by Supervisor Wilson, seconded by Vice-Chairman Graham and carried unanimously, the Board moved to adopt Ordinance No. 228 – National Electrical Code/2000, and the International Electrical Code/2000 Administrative Provisions, the Electrical Code. Ayes – 5; Nays – 0.

Upon a motion made by Vice-Chairman Graham, who stated this code does not have anything to do with the Open Burning Ordinance, seconded by Supervisor Warner, the Board moved to adopt Ordinance No. 229 – International Fire Code/2000, the Fire Code. Ayes – 3; Nays – 2 (Chairman Hameister and Supervisor Chesworth)

Upon a motion made by Supervisor Chesworth, seconded by Supervisor Wilson and carried unanimously, the Board moved to adopt Ordinance No. 230 – International Fuel Gas Code/2000, the Fuel Gas Code. Ayes – 5; Nays – 0.

Upon a motion made by Supervisor Warner, seconded by Supervisor Wilson and carried unanimously, the Board moved to adopt Ordinance No. 231 – International Mechanical Code/2000, the Mechanical Code. Ayes – 5; Nays – 0.

Upon a motion made by Supervisor Wilson, seconded by Supervisor Chesworth and carried unanimously, the Board moved to adopt Ordinance No. 232 – International Plumbing Code/2000, the Plumbing Code. Ayes – 5; Nays – 0.

Upon a motion made by Vice-Chairman Graham, seconded by Supervisor Chesworth and carried unanimously, the Board moved to adopt Ordinance No. 233 – International Residential Code/2000, the Residential Code. Ayes – 5; Nays – 0.

Motion was rescinded with regard to Ordinance No. 234 – Amending the Property Maintenance Code/1996 by adding Chapter 10, providing for the criteria, procedures, and appeals for the revocation of a Rental Housing Permit.

Mr. Shea suggested having the Board’s thoughts with regard to the number of offenses and the order they are to occur prior to the May Board of Supervisors meeting.

Upon a motion made by Vice-Chairman Graham, the Board moved to amend the motion to 2, 2, and 2.

Mr. Shea advised the Board to rescind the motion and have the Ordinance adopted at the May Board of Supervisors meeting.

F. APARTMENT REGULATIONS REVISION.

Mr. Shea stated that at the March Board of Supervisor Meeting, the Board forwarded to the Planning Commission a request from Bob Hoffman to review the regulations within the Zoning Ordinance pertaining to accessory apartments. The Planning Commission considered the matter and has forwarded a draft to the Board for approval.

Mr. Shea stated that the most substantial change the draft would address is the maximum size of accessory apartments. A 500 square foot limit currently exists. He stated that staff and the planning commission recommend that accessory apartments be no larger than 750 square feet or 25% of the floor area of the dwelling, which ever is larger. He stated that this would allow the regulations to be more consistent with other Centre Region municipalities.

Upon a motion made by Supervisor Warner, seconded by Supervisor Wilson and carried unanimously, the Board moved to direct staff to complete any changes desired and advertise the proposed ordinance for adoption at the May 12, 2003 Board of Supervisors meeting. Ayes – 5; Nays – 0.

G. COG REFERRAL ITEMS.

Regional Fire Protection Report:

Mr. Shea stated that the Planning Commission endorsed the latest report from this committee, which the Board received in an earlier agenda, and recommended that the Board do the same, realizing that the adoption at the local level may include variations from particular section of the Model Ordinance.

Upon a motion made by Spervisor Warner, seconded by Supervisor Chesworth and carried unanimously, the Board moved to direct the Interim Manager to communicate such to the COG Executive Director. Ayes – 5; Nays – 0.

Regional Refuse Contract:

Mr. Shea stated that at the March 24 General Forum meeting, the following motion was approved:

“That the General Forum receive the bidding specifications for the regional refuse and recycling contract and refer them to the participating municipalities for comment; and further, that municipal responses be forwarded to the COG Executive Director by April 16, 2003 for distribution to the Public Service Committee.”

Supervisor Chesworth commented on the use of the grass, leaf collection and hazardous waste being removed from bidding.

Vice-Chairman Graham suggested that be a separate program. He stated that they should not be included in the refuse contract.

The Board agreed to eliminate grass clippings, leaf collection and hazardous waste from the bidding.

H. BOALSBURG FIRE COMPANY REQUESTS.

Mr. Shea stated that the fire company has submitted requests for (1) approval to use the Fire Police from Centre Hall and Alpha Fire Companies to assist with traffic control before and during the Fire Company Parade on May 24, 2003, and (2) approval from PaDOT to close the right lane of Route 322 from East Pine Street to East Main Street from 4:00 p.m. until 7:00 p.m. on May 24, 2003. He stated that both requests are consistent with requests of past years.

Upon a motion made by Vice-Chairman Graham, seconded by Supervisor Warner and carried unanimously, the Board moved to approve the request to use the Fire Police from Centre Hall and Alpha Fire Companies to assist with traffic control before and during the Fire Company Parade on May 24, 2003. Ayes – 5; Nays – 0.

Upon a motion made by Supervisor Wilson, seconded by Supervisor Warner and carried unanimously, the Board moved to follow recommendations to close the right lane of Route 322 from East Pine Street to East Main Street from 4:00 p.m.until 7:30 p.m. and not to accept the request to close the highway from the bank to Warner Blvd. From 5:30 p.m. until 7:00 p.m. on May 24, 2003. Ayes – 5; Nays – 0.

I. REVISED 2003 EARNED INCOME TAX RULES AND REGULATIONS.

Mr. Shea stated that Walter Cheatle was recently notified that the 2003 EIT Rules and Regulations had been amended by Act 166 of 2002 amending the Local Tax Enabling Act. He stated that Mr. Cheatle advised that the copy is a state requirement and that local municipalities must adopt the changes.

Vice-Chairman Graham questioned the forms.

Chairman Hameister questioned tabling this issue until change is made.

Mr. Shea suggested the Board make a motion and make changes in the next calendar year since the change went into effect January 1.

Upon a motion made by Supervisor Warner, seconded by Supervisor Wilson and carried unanimously, the Board moved to adopt the “2003 Revised Rules and Regulations for Tax on Earned Income and Net Profits” as proposed and recommended by the State College Area School District and direct that such be implemented for collections by the Harris Township Tax Administration Office. Ayes – 5; Nays – 0.

MANAGER’S REPORT:

Chairman Hameister questioned a letter from Bellefonte EMS stating that they will no longer provide service to Harris Township.

Vice-Chairman Graham stated that it is not the ambulance it is the backup.

Vice-Chairman Graham expressed his displeasure with the Board’s decision with regard to the Ashworth development parkland requirements. He stated that the Board is suppose to represent all citizens of Harris Township and approximately 300 citizens deserve the right to the park as any other citizen of Harris Township.

Upon a motion made by Vice-Chairman Graham, a motion was made to require legal action against Ashworth to make them apply to the Township Ordinances.

Motion died due to lack of a second.

APPROVAL OF VOUCHERS:

Upon a motion made by Supervisor Chesworth, seconded by Supervisor Warner and carried unanimously, the Board moved to approve Voucher Transmittal Sheet No. 03-04. Ayes 5; Nays – 0.

COG COMMITTEE REPORTS:

Executive Committe No report.

Building Oversight Committee No meeting. Move in day is May 15. Dedication is scheduled with a plaque to be located on the building.

Finance Committee Meeting held and reviewed Ferguson Township’s request regarding renewals. Library funding formula is requesting municipal contributions.

Personnel Committee No report.

Code Committee No report.

Public Services Committee Meeting scheduled for April 21, 2003.

Spring Creek Watershed Committee No report.

SCCCTS Reviewed Route P-6, P-4 and Y-6 and audience comments voted the previous month.

Regional Parks Still awaiting response from the State.

Transportation Committee Meeting cancelled.

Chairman Hameister questioned road inspection scheduled for May 16.

Mr. Shea stated that the inspection would need to be advertised and a note would need to be placed in the window stating that the meeting was cancelled.

Chairman Hameister expressed the need for a workshop preferably on April 23 to pick up on the manager’s selection.

Mr. Shea replied by stating that the parks and recreation meeting is scheduled for 4:30 p.m. in the conference room and selection committee is scheduled to meet at 3:30 p.m.

Chairman Hameister stated that the deadline was March 30 and 33 applications were received and the Screening Search Committee met and cut to 12. He stated that one dropped out and the preliminary interviews are scheduled.

Consensus of the Board was to have a workshop scheduled for April 16 at 4:00 p.m. and another scheduled for April 30 at 4:00 p.m.

ADJOURNMENT:

Upon a motion made by Supervisor Wilson, seconded by Supervisor Warner and carried unanimously, the April 14, 2003, meeting of the Harris Township Board of Supervisors adjourned at 10:45 p.m. Ayes – 5; Nays – 0.

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Todd Shea, Interim Township Manager