Monthly Business Meeting

Ken Hoover motioned to accept the August 9, 2010 minutes as presented, with the inclusion of Friends of Ft. Halifax Park's offer to serve as a holding entity for the Matter property donation, as noted by Bonnie Freeman during public comment. Linda Stopfel seconded and the motion carried 4:0.

Linda Stopfel motioned to approve the paid interim bills as presented. Ken Hoover seconded and the motion carried 4:0.

Linda Stopfel inquired about a $747 Cunningham & Chernicoff bill, which Ken Bechtel explained was for Solicitor Warshawsky's attendance at the August 4th meeting with Larson Design, CPC, and DCNR and his review of DCNR's response on farming at the Park. Linda Stopfel motioned to approve the unpaid bills; Carol Eppley seconded and the motion carried 4:0.

Planning Commission Chairman Fred Ford reported no official business at the September 8 meeting. Members reviewed Section 5 of the SALDO and planned to discuss the balance at the October meeting. Act 167 Stormwater Management discussion was tabled until October. The board discussed possibly adding a monthly Planning Commission workshop to review the SALDO.

Solicitor Warshawsky reported that a $3,260 judgment was entered against the Mannings on September 9, 2010 by District Justice Johnson for reimbursement of utility arrears and associated legal fees. The Mannings have 30 days to appeal; absent an appeal, the Township can begin the collection process.

Solicitor Warshawsky reported that PennDOT had not yet responded to the right-of-way issues at Routes 147/225. Tom Wilson noted PennDOT's legal counsel was still reviewing the matter. Warshawsky located a Township-PennDOT agreement suggesting the responsibility and cost for securing the needed land would fall on the Township, but reserved final judgment until PennDOT completed its review.

Dale Shoop reported that Mr. Masser had sprayed the Mile-a-Minute plant encroaching onto Jerry Kissinger's property. Kissinger also asked about an unresolved vehicle complaint on Masser's property. The board agreed Dale would check back in a week; if unsatisfactory, Secretary Ferguson was authorized to issue a nuisance letter requiring remedial action within 20 days.

Dale Shoop reported that Mr. Heim is proceeding with driveway installation per the approved Kauffman subdivision plan. Solicitor Warshawsky confirmed that the 1997 PennDOT HOP is still valid and that completion of the driveway would establish legal access to the property, requiring no further Township action.

Dale Shoop reported complaints about curbing on 4th Street being too high to open car doors, and paving on Matamoras Road causing water to run off on the wrong side. Eastern Industries estimated $16,000 to fix the Matamoras Road crown. Dale planned to get a separate estimate for the 4th Street curbing so the board could consider both at the next meeting.

The board scheduled three public budget meetings at the Municipal Building for the 2011 budget: Friday October 8 at 3 PM, Monday October 18 at 3 PM (later rescheduled to 10 AM), and Thursday October 28 at 7 PM. The dates would be advertised.

Mike Bistline submitted 50% of outstanding plan review fees and reported that DEP rejected his sewage facilities planning module due to a SALDO provision mandating private water and sewer for mobile homes, conflicting with DEP requirements. Tom Wilson and Solicitor Warshawsky indicated a Township engineer review of the resubmitted module would be prudent. The board agreed to let Bistline review the SALDO and present findings before deciding who would bear the review costs.

Ken Bechtel reported that the Township's insurer EMC denied James Long's $182 claim for wagon damage from a low-hanging limb, stating the Township had no prior notice of the hazard and that paying could set a dangerous precedent. Dale Shoop noted he is still trimming limbs himself despite safety concerns and is getting estimates for outsourcing or purchasing proper equipment.

Ken Bechtel suggested first determining the extent of repairs needed and expected rental income before engaging a property management company. Linda Stopfel preferred getting recommendations from a home improvement professional. The board agreed to have Ken Bechtel contact Howard Bahner to assess needed repairs and costs for the rental units.

The board approved reimbursement for travel expenses incurred by Dale Shoop ($34.50 for parking and mileage) and Gary Shultz ($39.50 for parking and mileage) to attend the Tobias litigation hearing. Linda Stopfel motioned, Carol Eppley seconded, and the motion carried 4:0.

Ken Bechtel reported that the Scheidler nuisance complaint was filed with the District Justice and Mr. Scheidler intends to defend against the allegations. The hearing was scheduled for October 21, 2010 at 10 AM. Solicitor Warshawsky indicated someone from the Township would need to attend.

DEP requested information on the Township's intentions regarding updating its Act 537 Plan. Carolyn Nye noted the prior board tabled the plan update on May 12, 2009 due to economic concerns and urged the board to address previously expressed issues before proceeding. Tom Wilson and Fred Ford noted compliance would likely be mandatory. The board agreed to determine a proper response to DEP at the next meeting after Ken Bechtel discusses outstanding SEO investigation issues with Mike Brown.

Ken Bechtel announced that Larson Design, CPC, and DCNR were prepared to hold the public meeting on Monday, October 25 at the high school cafeteria, with doors opening at 6:30 PM and the presentation at 7 PM. Linda Stopfel noted that Duane Good from the Upper Dauphin Sentinel would run the announcement twice as an article at no charge.

Ken Bechtel reported that Bob Artman informed him the Dauphin County Tax Collection Committee would be deciding on a tax collection agency for Dauphin County that Wednesday.

Ken Bechtel asked whether the board wanted to proceed with the Wind Turbine Ordinance, which only needed legal review. Linda Stopfel supported moving forward given the Planning Commission's work on the draft. Ken Hoover wanted the 3 new Planning Commission members to review it first. The board agreed to have Solicitor Warshawsky provide a cost estimate for the legal review at the next meeting.

EMC Charlie Bisking reported that while NAS quoted approximately $950, three private citizens offered to donate a laptop and printer at no cost. Ken Hoover motioned to accept the anonymous donation; Linda Stopfel seconded and the motion carried 4:0. The equipment would be Township property. The board also agreed to provide an aircard from the 2010 EMC budget for emergency internet access.

Ken Bechtel reported that he, Ken Hoover, and Dale Shoop met with Gary and Donald Lenker on Pawnee Lane regarding Mr. Baer's drainage concerns from debris. The Lenkers agreed to clean debris near the drainage area on their property. Mr. Baer offered to remove debris on Mr. Campbell's property at his own expense. Ultimately, Mr. Campbell, Mr. Lenker, and Mr. Baer agreed to meet and resolve the issue without further Township assistance.

Solicitor Warshawsky reported DCNR's August 20 response denying the Township's request to continue farming at Ft. Halifax Park, noting their position would likely be upheld in court. After extensive discussion about farming income versus rental income and public access concerns, the board agreed not to pursue the farming issue further. The board also directed Secretary Ferguson to contact insurer Tom Troutman about liability exposure from public use of the farm crossing.

Solicitor Warshawsky reported that on September 3, he, Ken Bechtel, Carol Eppley, Tom Wilson, and Fred Ford met with Gary Lenker, his attorney Mark Silver, and engineer Jim Snyder to discuss whether the litigation could be resolved without further legal action. The board agreed to hold an executive session before the next meeting to discuss findings and determine whether to continue settlement discussions.

Charlie Bisking requested the Township fund a dry fire hydrant at Lake Tobias (approximately $500) and provide manpower and equipment for trenching, noting it would reduce fire department insurance premiums. Lake Tobias had granted permission but Ken Hoover requested written confirmation. Linda Stopfel motioned to approve the funding and resources; Ken Hoover seconded and the motion carried 4:0.

Ken Bechtel asked Mike Bistline if he had located the SALDO provision mandating private water and sewer for mobile homes that he referenced earlier. Bistline indicated he needed more time to review his files. The board reiterated its willingness to help resolve his DEP issues but could not decide on review fee responsibility until Bistline presented his findings.

Ken Bechtel announced that the Dauphin County Agricultural Land Preservation Board scheduled an Agricultural Security Area Workshop for Thursday, October 14, 2010 at 6:30 PM at the DC Agriculture and Natural Resources Center (1451 Peters Mountain Road, Dauphin, PA), open to all at no cost.

Linda Stopfel motioned to adjourn the meeting at 10:08 PM. Ken Hoover seconded and the motion carried 4:0.