HARRIS TOWNSHIP

BOARD OF SUPERVISORS

Minutes of October 14, 2002

 

REGULAR MEETING

 

7:30PM

 
MEMBERS PRESENT:

 

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

 

OTHERS PRESENT:

 

Thomas Miller, Township Manager; Todd Shea, Zoning Officer; C-Net; Maria Capparelli, Boalsburg Village Association; Kelleanne Foster, Greg Snipes, GTW Associates; Rob Weaver, Don Murnyack, Katie Ombalski, Jamie Olsen and Rich Olsen, Harris Township Resident; Mark Torretti, Penn Terra Engineering; Van Winter, Boalsburg Fire Company; Tom Songer, Torron Group; Roy Love, Patty Devecka, Stan Yoder Preserve; Paul Weener, Harris Township Planning Commission; Glenn Dry, Owner of Colonial Express.

 

CALL TO ORDER:

 

Prior to the commencing of business, the Pledge of Allegiance was recited.

 

Vice-Chairman Graham called the October 14, 2002, meeting of the Harris Township Board of Supervisors to order at 7:32 P.M.

 

APPROVAL OF THE MINUTES:

 

Upon a motion made by Supervisor Hameister, seconded by Supervisor Warner and carried unanimously, the Board moved to approve the minutes as corrected of the September 9, 2002, Board of Supervisors meeting.  Ayes – 4; Nays – 0

 

CITIZENS COMMENTS:

 

Maria Capparelli questioned the status of letter presented to the Township in May of 2002 regarding parking in the village.

 

Vice-Chairman Graham replied by stating that the letter was forwarded to the Village District Study Committee and Planning Commission and that the Board has received a report from the committee, that would be discussed later in the meeting.

 

Supervisor Hameister thanked those people who attended the Fire Company Open House and thanked the Centre Region Fire Inspection Program for the “smoke trailer”.

 

Supervisor Hameister thanked the eight fire departments that assisted with the structure fire on Schemp Road.

 

Supervisor Hameister stated that all voters should have received a flyer from Senator Corman with regard to a bond issue for $100,000,000 for volunteer fire companies and recommends support from voters.

    

TOWNSHIP BUSINESS:

 

A.      SPRINGFIELD COMMONS.

 

Tom Songer stated that the updated plan has been a year in the making.  He discussed re-alignment of Torrey Lane and Loop Road.

 

Kelliann Foster compared Springfield Commons and Boalsburg Village. She discussed views from different locations on the site.  She discussed various slopes and stated the mix of residential housing is to include 90 units.  She described details of the amenities of the proposed development, which would include a lookout, gazebo, garden, tot lot, clubhouse and a meadow.  She stated that much of the site would remain undisturbed.  She emphasized the absorption of storm water, on site.

 

Mr. Songer stated that the design is not final.  He stated that a master plan would need to be submitted and then presented to the Board at public hearing for approval of the master plan before final design is accomplished.  He discussed the “Best Management Practice” for storm water management and plans to incorporate those practices into the planning.

 

Vice-Chairman Graham questioned location of sidewalks.

 

Mr. Songer replied by stating that sidewalks would be located on both sides.

 

Ms. Foster stated that all structures would be connected with a sidewalk, as per ordinance requirements.

 

Supervisor Hameister expressed concern about fire accessibility to the four houses on the upper section of the property.

 

Ms. Foster stated that the private lane is only approximately 600’ long.

 

Mr. Songer stated that all streets would be paved to 20’ wide with a turnaround.

 

Todd Shea stated that the ordinance issue would need to be approved by the Planning Commission.

 

Supervisor Hameister requested that the memo of October 8th from Rob Weaver be presented to the Planning Commission at the same time.

 

Vice-Chairman Graham read through the requests to amend the Harris Township Zoning Ordinance that regulates PRD’s.

 

1.   Chapter 12, Article XV, Section 4, DENSITY AND INTENSITY: (to allow dwellings to have 10’ from setback).

 

Board members commented as follows:

 

Supervisor Warner – In favor;

Supervisor Wilson – In favor;

Supervisor Hameister – In favor;

Vice-Chairman Graham – In favor.

            

2.   Chapter 12, Article XV, Section 5, PARKLAND, RECREATION, AND COMMON OPEN SPACE REQUIREMENTS:  (to allow woodlands to be considered “open space”).

 

Mr. Songer stated that credit is being requested for woodland to be considered “usable.”  He stated that open space woodland is usable because people can walk through and use it for recreation purposes.

 

Ms. Foster stated that the land could be used for picnic areas.

 

Board members commented as follows:

 

       Supervisor Warner – In favor;

       Supervisor Wilson – In favor;

       Supervisor Hameister – In favor;

       Vice-Chairman Graham – In favor.

 

  Vice-Chairman Graham questioned if the ground would be open to the public.

 

Mr. Songer stated that anyone can walk through and it will not be a “gated community.”

 

Supervisor Hameister questioned if paths could have more connectivity.

 

Mr. Songer said yes, except where the land is too steep.

 

Mr. Shea referenced his memo of October 14, 2002 saying woodland should be “usable.”  He stated the need for amenities for recreation, trails, etc. He advised that some woodland should be considered for elimination to make room for recreation.

 

Ms. Foster stated that clearing would be a possibility, but that it would impact storm water absorption.

 

Mr. Weaver stated that trees should be preserved at the location.

 

Vice-Chairman Graham questioned the possibility of homeowners wanting a ballfield.

 

Mr. Songer stated that the land development plan would have to be amended and approved.

 

Mr. Shea stated that there is not enough land area for active recreation.

 

Paul Weener stated that a path would be made if enough people walk through the land.

 

3.   Chapter 12, Article XV, SECTION 17, TRAFFIC AND PEDESTRIAN ACCESS:  (to allow PRD with no non-residential uses to access a local street).

 

Mr. Shea stated that staff supports the concept that traffic be allowed to access local streets, but that there should be a limit of trips per day.  He expressed agreement with the concept.

 

Supervisor Hameister questioned the anticipated daily trips of transportation.

 

Mr. Songer stated the limit should be approximately maximum 900 trips per day for the development.

 

Supervisor Hameister questioned the Centre Daily Times and US Mail delivery being part of that plan.

 

Mr. Songer stated that the transportation engineer did not indicate negative impact.

 

Mr. Songer stated that the traffic analysis showed that in the a.m. peak hour, there are no left turns of people going down Torrey Lane.  He stated that in the p.m. peak hour there were eight trips.  He stated that in the p.m. peak there was less than one vehicle per minute traveling on Main Street.

 

Katie Ombalski questioned if the spring would be affected by the change in the road.

 

Ms. Foster stated that it would not.

 

Vice-Chairman Graham stated not to “over-react” to traffic on Loop Road.

 

b)   Paragraph C – RIGHT OF WAY

 

Mr. Shea stated that the Board of Supervisors could approve a 10’ easement and request that a narrower right-of-way to allow houses to sit closer to the street and would supercede the ordinance that requires a 50’ right-of-way.

 

          The Board of Supervisors was in agreement.

 

c)   Paragraph E – COMMON DRIVEWAY

 

Mr. Shea stated that there were two requests, the first being that driveways currently have to be located at least 50’ from intersections under the current ordinance.  He stated that when compared to Penn Dot regulations, the staff would recommend no less than 30’.  He stated that the second request deals with multiple driveways.  He stated that Mr. Songer is requesting a 10’ separation.  He stated that when comparing with Penn Dot regulations, staff would recommend at least 20’ separation.

 

Mark Torretti stated that under the current zoning ordinance for R-1 driveways, they could be 10’ apart.

 

Supervisor Wilson agreed that driveways should be combined where possible.

 

Supervisor Hameister questioned the width of common driveway.

 

Mr. Shea stated that common driveway entrances could be narrow and widened or they could be wider at the street line.

 

Vice-Chairman Graham stated that there is 10’ less setback.

 

Mr. Shea discussed the safety issues of sidewalks on both sides.

 

Vice-Chairman Graham stated that it would be common sense to look when pulling out or walking through a development, questioning why the Township would be concerned about safety.

 

Mr. Shea reminded the Board members that health, safety, and welfare were the chare of all governing bodies.

 

Ms. Foster questioned if a 20’ distance from driveway centerlines could be considered.

 

Mr. Shea stated that it would be hard to control driveway width.

 

Ms. Foster stated that if 20’ is required, the first house would dictate where driveways will be located on the street.  She stated that the design would be a “cookie cutter.”

 

Mr. Songer advised that 3a talks about why Torrey should be the collector in the future.

 

Roy Love questioned what will happen at the public hearing.

 

Vice-Chairman Graham stated that the Board will receive public input on the proposal ordinance change.

 

Mr. Shea stated that the PRD master plan public hearing would occur if the master plan and narrative were ready before the next Board of Supervisors meeting.

 

Mr. Songer advised that a time extension has been submitted.

 

Upon a motion made by Supervisor Wilson, seconded by Supervisor Warner and carried unanimously, the Board moved to direct staff to prepare and advertise an ordinance for consideration at the November 11, 2002 Board meeting that includes the elements requested by GTW Associates memo dated October 2, 2002. Ayes – 4; Nays – 0

 

The Harris Township Board of Supervisors recessed at 9:05 p.m. and reconvened at 9:07 p.m.

 

B.       THE “HAUNTED PRESERVE.”

 

Mr. Miller explained that the Board of Supervisors must consider the following required actions:

 

The Boalsburg Village Conservancy must provide a certificate of insurance naming Harris Township as an additional Insured for the event; limits of liability for the organizer’s insurance must be the same as the Township’s ($1,000,000 per occurrence and a $2,000,000 general aggregate limit).  This action required by the Township insurance carrier.

 

The Board of Supervisors must decide to approve or not approve the requested closure of Main Street between Wagner Street and Bailey Lane during the hours of 5:30 P.M. and 11:00 P.M., Friday, October 25, 2002 and Saturday, October 26, 2002.

 

Board members must decide whether to approve Boalsburg Fire Company Fire Polices’ participation in a non-emergency event.

 

Board members must decide on the placement of a banner to promote the event, as requested.

 

Board members must decide on the policy issue of the concept of charging persons an admission fee of $5.00 to use a publicly owned facility. 

 

Mr. Miller stated that a “donation” should be substituted for “admission fee” and that no one is denied access to the preserve as it is public land.

 

Board members must decide the issue of use of the land after dusk.

 

Members of the committee indicated the time of the road closure should be changed from 5:30 P.M. to 6:00 P.M. until 11:00 P.M.

 

Supervisor Hameister suggested that the organizers of the Haunted Preserve make refreshments available to the fire police who will be providing traffic control.

 

Upon a motion made by Supervisor Hameister, seconded by Supervisor Warner and carried unanimously, the Board moved to approve the five requests for the “Haunted Preserve” as shown in the agenda as amended.  Ayes – 4; Nays – 0.

 

C.      PROPOSED CHANGES TO THE EARNED INCOME TAX RULES AND REGULATIONS.

 

Vice-Chairman Graham stated that paragraph 2, Article IV, Section 401B, should be changed to state that Federal Tax Return forms should be accepted and that the decision not be left up to the residing tax officer.

 

Vice-Chairman Graham and Supervisor Wilson agreed that the last paragraph on the last page should be changed to state contributions to Section 125 plans should be taxed consistent with policies of the Commonwealth of Pennsylvania.

 

Supervisor Wilson stated that PA guidelines should be followed.

 

Upon a motion made by Supervisor Hameister, seconded by Supervisor Wilson, the Board moved to direct staff to forward these comments of the Board to the State College Area School District and the Centre Region Tax Collectors for consideration.  Ayes – 3; Nays – 1 (Vice-Chairman Graham).

 

D.      TAX COLLECTION AGREEMENT WITH SCASD.

 

Board members expressed concern about “item #10,” which they indicated was too restrictive.

 

Upon a motion made by Supervisor Wilson, seconded by Supervisor Warner and carried unanimously, the Board moved to direct staff to advise State College Area School District that item #10 of the agreement should be worded to require deposits be made whenever collection of amounts reaches $5,000.00, but not more than one time a day.  Ayes – 4; Nays – 0.

 

E.       ASHWORTH WOODS PARK UPDATE.

 

Mr. Miller stated that he has been in contact with Rich Kalin, local spokesman for the developers of Ashworth Woods regarding their lack of progress in dedicating parkland to the Township as they agreed to do when the development was approved. 

 

Mr. Miller stated that the problematic issue is that of insurance, being that there is private access to the park.  He stated that the owners’ insurance carrier is not agreeable to a “public” park in Ashworth Woods, with “private” access.

 

Mr. Miller stated that Mr. Kalin has provided a proposed settlement.  He stated that the insurance carrier has no problem with the land set aside in the approved plans for Ashworth Woods being developed by the owners as parkland for the use by the “residents of Ashworth Woods and their guests.”  He stated that they claim Ashworth Woods must own the land.  He stated that the developers would pay the Township up to $5,000.00 for the inconvenience.

 

Mr. Miller stated that instead of $5,000.00 being paid to the Township, a “fee-in-lieu” should be paid to the Township.

 

Mr. Miller stated if public parkland is desired, the Township is at odds with the insurance carrier (and most likely the owner of the property) which would most likely take the Township into litigation.  He stated that a second alternative would be to authorize staff to negotiate with the property owner.  He stated that parties are in agreement on issues except the amount being owed to the municipality.

 

Vice-Chairman Graham stated that there are “too many lawyers involved” and believed not having parkland at Ashworth Woods to be an intentional act of the owners.  He stated that not to deed over the land is not an accident.  He stated that he is in favor of forcing developers to develop the land.

 

Mr. Miller stated that it is not fair to just punish the tenants and again asked Board members to authorize staff to work toward developing an agreement with the landowners.

 

By consensus, Board members asked staff to research what the total cost of the playground equipment purchased for Ashworth Woods was; how much “fee-in-lieu” funding the developers of Ashworth Woods has provided so far; and what the “fee-in-lieu” would be for the entire parkland area shown on the approved plans for Ashworth Woods would be.

 

F.       REGIONAL PARK COMMENTS.

 

Supervisor Warner stated that there was a public hearing held on the grant proposal and it is currently moving forward.  He stated that if the grant were received land acquisition would not cost Harris Township any money initially. 

 

Vice-Chairman Graham questioned whom the land would be deeded to.

 

Supervisor Warner stated that Ferguson Township would own one parcel, College Township would own one parcel and Harris Township would own one acre.

 

Vice-Chairman Graham questioned responsibility of development of property.

 

Supervisor Warner stated that each township would develop their own parcel.

 

Supervisor Wilson stated that it would be hard to believe that Ferguson Township would be funding development of their tract.

 

Supervisor Warner stated that the grant amount is $713,000.00.  He stated that the house would be sold off of the property in College Township.

 

Supervisor Wilson questioned if COG could own the land.

 

Supervisor Warner stated that issue is still being discussed.

 

By consensus, Board members agreed that staff should express the following comments about regional park acquisition: Board members expressed interest in learning whether the Centre Region Council of Governments could own the land and requested verification that the municipalities in which the park land is located and who will be developing the land as “regional” parks.

 

G.     BOALSBURG COLONIAL CHRISTMAS CELEBRATION.

 

Upon a motion made by Supervisor Hameister, seconded by Supervisor Warner and carried unanimously, the Board moved to grant approval to the Boalsburg Village Association to close Main Street on Sunday, December 1, 2002 from Omega Bank to Tennis Alley from 12:00 p.m. – 4:00 p.m. for “Boalsburg Colonial Christmas Celebration”.  Ayes – 4; Nays – 0

 

H.      THE VILLAGE DISTRICT COMMITTEE REPORT.

 

Vice-Chairman Graham questioned how review of the plan would proceed.

 

Mr. Miller stated when the Planning Commission’s recommendations are complete they would be forwarded to the Board with a detailed discussion of the report and the Board can discuss the report and decide what steps to implement.

 

          Supervisor Hameister questioned a reference to a 1994 report.

 

          There was no action taken on this item.

 

MANAGER’S REPORT:

 

Vice-Chairman Graham asked if officials to assure compliance with Section 42 inspect Ashworth Woods.

 

Mr. Miller stated that road inspection is scheduled for Wednesday, October 16th at 4:00 P.M. 

 

Vice-Chairman Graham stated that he asked the Boalsburg Heritage Museum Association of Harris Township to present the Board with a request for funding and to include a list of expenses with regarding budget session.  He also requested possibly developing another dirt infield ball field for Harris Township with regard to Parks and Recreation.

 

Supervisor Hameister suggested the ball field be located in Kaywood.

 

Vice-Chairman Graham suggested moving the backstop at Blue Spring Park toward the stream and away from the basketball court.

    

APPROVAL OF VOUCHERS:

 

Upon a motion made by Supervisor Wilson, seconded by Supervisor Warner and carried unanimously, the Board moved to approve Voucher Transmittal Sheet No. 02-10.  Ayes 4; Nays – 0.

 

 

COG COMMITTEE REPORTS:

 

Executive Committee                                 No report.   

                                                           

Building Oversight Committee                       No report. 

 

Finance Committee                                   Meeting canceled. Next meeting to be held   November 2, 2002. Budget is to be mailed. Next year, COG budget is “lean”.   

                                                         

COG Program Committee                           No report.   

                                               

Personnel Committee                                  Meeting held September 10, 2002.  Reviewed computer internet and email policy.  Stated library has own policy.  Advised Betsy Allen is the first COG 30-year employee

                                                           

Code Committee                                     Discussed Code adoption process and parking structures are to be inspected every 7 years.

                                                         

Public Services Committee                           No report.        

 

Spring Creek Watershed Committee                 Approved the support for liquid fuels funding grant for Harris Township in request for funding from Centre County.  Meeting for public officials is scheduled for October 29, 2002 at the Environmental Building of Solid Waste Authority.

                                               

Regional Parks Committee                         No report.         

                                                                 

Transportation Committee                          Presentation by Ron Seybert of the Trans Associates.                                

SCCCTS Committee                                   No report.

 

 

I.        EXECUTIVE SESSION:

 

The Harris Township Board of Supervisors Meeting was recessed at 10:46 p.m. for Executive Session.

 

There was no action taken at the executive session.

 

The Harris Township Board of Supervisors Meeting reconvened at 11:00 p.m.

 

Upon a motion made by Supervisor Warner and seconded by Supervisor Wilson and carried unanimously, the Board approved acceptance of the revised Inter-Municipal Agreement for Engineering Services between College Township and Harris Township and authorized the Chairman and Secretary to sign the original agreement on behalf of Harris Township.  Ayes – 4; Nays – 0.

 

ADJOURNMENT:  

 

Vice-Chairman Graham, adjourned the October 14, 2002, meeting of the Harris Township Board of Supervisors at 11:01 p.m.  Ayes – 4; Nays – 0.