Monthly Business Meeting

7:00 PM – 10:00 PM 9 present 18 motions

Executive session held 6:00 PM–6:55 PM — litigation matters

The Halifax Township Board of Supervisors held its monthly business meeting on January 10, 2011, with all five supervisors present: Chairman Kenneth Bechtel, Ken Hoover, Linda Stopfel, Carol Eppley, and Gary Shultz. An executive session on litigation matters preceded the public meeting. The nearly three-hour session was dominated by a contentious and extended debate over how to fill the Secretary-Treasurer vacancy, with multiple motions failing on split votes before the board settled on an interim arrangement and a public advertisement for the position.

  • Secretary-Treasurer vacancy sparks divided votes: The board unanimously accepted Shanemarie Ferguson's resignation as Secretary-Treasurer (effective January 14) and retained her as Treasurer at $150/week. A motion to appoint Carolyn Nye as Secretary — contingent on her dropping a pending age discrimination claim against the Township — failed 1–2–2. Linda Stopfel raised a conflict-of-interest concern over Chairman Kenneth Bechtel's relationship with Nye; Solicitor Bruce Warshawsky advised it did not violate the 2nd Class Township Code but offered to research the ethics question further. A separate motion to advertise for a Secretary/Grant Writer with a supervisor interview committee also failed 2–2–1. The board ultimately voted 4–1 to appoint Ferguson as interim Assistant Secretary and 3–2 to advertise the vacancy in the Sentinel and Patriot-News with a January 28 application deadline.

  • Berkheimer appointed as EIT collector: The board unanimously approved an agreement designating Berkheimer as the Township's earned income tax collector and passed four related resolutions covering collection authority, delinquent cost recovery, and Tax Hearing Officer appointment.

  • Manning asset deposition authorized: Solicitor Warshawsky was directed to pursue an asset deposition against the Mannings if they do not file for bankruptcy by the end of January, though he noted they appear to have few assets of substantial value.

  • 2011 SALDO fee schedule adopted: The annual subdivision and land development fee resolution was approved unanimously, authorizing the Township to seek reimbursement from developers at current-year legal and engineering rates.

  • 38 McClelland Road back taxes: The board voted unanimously to follow the School District's approach in determining whether to strike off delinquent back taxes on the property.

  • LED traffic light upgrade saves money: PERC installed LED lights at a Township traffic signal at a net cost of approximately $600 (after a $750 grant), with projected annual savings of roughly $790 and a five-year guarantee.

  • Tractor trailer traffic concerns: Linda Stopfel raised concerns about increased tractor trailer traffic on the mountain after signage changes made such traffic largely permissible. The board agreed to send a letter to Senator Piccola's office asking why the changes were made.

  • Public praise for outgoing secretary: Residents Eileen Snyder and Donna Rode both thanked Ferguson for her service. Snyder urged the board to consider rehiring Carolyn Nye, while Nye addressed the board directly citing treasury experience from Jackson Township.

Kenneth Bechtel (Chairman) · Ken Hoover (Supervisor) · Linda Stopfel (Supervisor) · Carol Eppley (Supervisor) · Gary Shultz (Supervisor) · Tom Wilson (Engineer) · Bruce Warshawsky (Solicitor) · Dale Shoop (Roadmaster) · Shanemarie Ferguson (Secretary)

Eileen Snyder — Thanked Shanemarie Ferguson for her performance as Secretary-Treasurer. Encouraged the board to reconsider hiring Carolyn Nye, noting her proficiency as Secretary and potential ability to serve as Treasurer and grant writer. Advised careful consideration of grant types pursued given limited funding available to all communities.
Carolyn Nye — Expressed interest in the Secretary-Treasurer position and noted some experience with Treasury functions from her recent position with Jackson Township.
Donna Rode — Applauded the new board and Solicitor for resolving long-standing issues over the past year. Thanked Shanemarie Ferguson for her performance as Secretary-Treasurer and encouraged the board to continue working together.

Secretary Report

Approval of December 13, 2010 Minutes

Ken Hoover motioned to accept the December 13, 2010 minutes as presented. Gary Shultz seconded and the motion carried 5:0.

5-0 Accept the December 13, 2010 minutes as presented.
Moved by Ken Hoover

Treasurer Report

Approval of Bills

Ken Hoover motioned to approve the paid interim bills as presented (seconded by Gary Shultz, carried 5:0). Gary Shultz motioned to approve the unpaid current bills for payment (seconded by Ken Hoover, carried 5:0). The December 2010 financial reports were also presented for board review.

budget
5-0 Approve the paid interim bills as presented.
Moved by Ken Hoover
5-0 Approve for payment the unpaid bills as presented.
Moved by Gary Shultz

Planning Commission Report

PC Chairman Fred Ford submitted a written report for board review as he was ill and unable to attend. Chairman Bechtel noted the contents were self-explanatory and did not review it.

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Solicitor Report

Manning Lease – Asset Deposition

Solicitor Bruce Warshawsky reported that the Mannings are moving towards bankruptcy but recommended scheduling an asset deposition if they do not file by the end of January. Linda Stopfel questioned the cost given the Mannings' financial position. Ken Hoover motioned to have Bruce proceed with an asset deposition if the Mannings do not file bankruptcy by end of January; the motion carried 5:0.

legal
5-0 Authorize Solicitor Warshawsky to proceed with an asset deposition if the Mannings do not file bankruptcy by the end of January.
Moved by Ken Hoover
Kauffman Litigation – Status Inquiry

Carol Eppley asked for clarification on the Kauffman Litigation. Solicitor Warshawsky noted it was separate from the resolved Kauffman/Heim issue and that Mrs. Kauffman had initiated a lawsuit against the board some time ago. He indicated he would review the status of the file and report back to the board.

legal
Konchar Litigation – Status Update

Carol Eppley inquired about the Konchar litigation status. Solicitor Warshawsky reported that though the matter had been inactive for over two years, the court prompted the plaintiff to state intent to proceed, and Mr. Konchar's attorney filed a notice of intent. Bruce advised the Township to forego initiating resolution unless forced, given the associated expense.

legal
38 McClelland Road – Back-Taxes Strike-Off

Solicitor Warshawsky advised the board to follow the same approach as the School District in determining whether to strike off back-taxes for 38 McClelland Road. Linda Stopfel motioned to proceed accordingly, Carol Eppley seconded, and the motion carried 5:0.

legaltaxesproperty
5-0 Proceed in the same fashion as the School District in making the determination as to whether or not to strike off the back-taxes for 38 McClelland Road.
Moved by Linda Stopfel

Engineer Report

Baker Storage Units – Application Fee Disposition

Since the Baker Storage Units plan had been withdrawn, Ken Hoover asked who would cover the costs of the fee estimate. Secretary Shanemarie Ferguson noted the applicant had submitted a $200 application fee. Ken Hoover motioned to match expenditures against the application fee and forego billing the applicant; the motion carried 5:0.

contractsland-development
5-0 Match the engineering expenditures against the $200 application fee submitted by Baker Storage Units and forego billing the applicant for the remaining expense, given that the applicant withdrew their plan.
Moved by Ken Hoover $200

Roadmaster Report

Dale Shoop reported that Gary Lenker applied for 28 permits for Lenker Estates Phase I development, but the associated Final Plan could not be located; Tom Wilson offered to provide a replacement plan set at no charge. Dale also reported a nuisance complaint on Dunkle School Road where property owners are taking action, LED lights installed at the traffic light expected to save approximately $790/year with a net initial cost of $600, and an update on the Somerville nuisance where Mr. Somerville was given until the February meeting to address remaining issues including a mobile home.

roadsinfrastructurepermits

Administrative

Timing of Budgeted Disbursements

The board set disbursement schedules for several budgeted items: $600 EMC Stipend quarterly at quarter-end; Shoop and Maus retirement bonuses on February 1, 2011; HARA contribution on March 1, 2011; UDHS, Halifax Senior Center, Halifax Communities that Care, and Diakon Volunteer Home Care contributions immediately; and Raymond Maus' Medicare Part B reimbursement quarterly at quarter-end.

budgetpersonnel
Alex Acres 2011 Mobile Home Park Permit

Solicitor Warshawsky noted that Alex Acres recently submitted payment for their 2010 Mobile Home Park Permit but had not yet paid for 2011. The board agreed to send a follow-up letter if payment for the 2011 permit is not received by January 31, 2011.

permits
Nightwine Reimbursement of Solicitor Invoice #48997

Chairman Bechtel noted that Mr. Nightwine has not responded to the initial notice requesting reimbursement of $162 for Solicitor's Invoice #48997. The board agreed to send a second notice, and Solicitor Warshawsky advised it be sent via certified mail.

legalbudget
SALDO Fee Resolution – Adoption of 2011 Fee Schedule

Solicitor Warshawsky explained the board must annually adopt a resolution authorizing reimbursement of legal and engineering fees from developers at current-year rates. Linda Stopfel motioned to waive the reading of the resolution (carried 5:0), then Ken Hoover motioned to adopt the 2011 fee schedule resolution as presented (carried 5:0).

land-developmentplanningcontracts
5-0 Waive the reading of the SALDO fee schedule resolution.
Moved by Linda Stopfel
5-0 Adopt the 2011 SALDO fee schedule resolution as presented, authorizing the Township to seek reimbursement for legal and engineering fees from developers at current year rates.
Moved by Ken Hoover
PSAT Annual Convention

Linda Stopfel indicated she would attend and was appointed as the Township's voting delegate. Chairman Bechtel noted he would like to attend on Sunday. No board action was required as attendance was included in the 2011 budget.

planning
Secretary-Treasurer Vacancy

Shanemarie Ferguson submitted her resignation effective January 14, 2011, and offered to continue as Treasurer at $150/week. After extensive discussion, the board accepted her resignation (5:0), retained her as Treasurer at $150/week (5:0), and appointed her as Assistant Secretary until the day after the next meeting (4:1, Gary Shultz opposed). A motion to appoint Carolyn Nye as Secretary contingent on dropping her age discrimination claim failed 1:2:2. A motion to advertise for a Secretary/Grant Writer with a committee to process applications failed 2:2:1. The board voted 3:2 to advertise the Secretary vacancy in the Sentinel and Patriot newspapers with an application deadline of January 28, 2011.

personnel
5-0 Accept Shanemarie Ferguson's letter of resignation as Secretary-Treasurer for Halifax Township, effective January 14, 2011.
Moved by Carol Eppley
5-0 Retain Shanemarie Ferguson as Treasurer after the effective date of her resignation as Secretary-Treasurer.
Moved by Gary Shultz
5-0 Retain Shanemarie Ferguson as Treasurer at a rate of $150 per week.
Moved by Linda Stopfel
2-2-1 Advertise for the position of Secretary/Grant Writer and have a committee of supervisors process applications and conduct interviews to ensure the position is filled with a qualified applicant.
Moved by Linda Stopfel
1-2-2 Appoint Carolyn Nye as Township Secretary, contingent upon her dropping her age discrimination claim against the Township.
Moved by Ken Hoover
4-1 Appoint Shanemarie Ferguson to serve as Assistant Secretary and perform the core duties of the secretarial position until the day after the next Board of Supervisors meeting, at an hourly rate commensurate with her current salary.
Moved by Carol Eppley
3-2 Advertise the prospective Secretary vacancy in the next two issues of the Sentinel and the next two issues of the Patriot's Sunday newspaper, with an application deadline of January 28, 2011.
Moved by Carol Eppley

Old Business

EIT Resolutions and Agreement with Berkheimer

Solicitor Warshawsky presented an agreement and four resolutions related to Berkheimer's appointment as EIT collector, including authorization to impose and retain delinquent tax collection costs, appointment as Tax Hearing officer, and designation of Township officials as the communications portal. The board waived reading of the resolutions (5:0), assigned the Township Treasurer as the authorized representative to receive tax information, and approved entering the agreement, passing the resolutions, and authorizing related correspondence (5:0).

taxesbudget
5-0 Waive the reading of the four EIT resolutions presented by Solicitor Warshawsky.
Moved by Ken Hoover
5-0 Enter into an agreement with Berkheimer as the Township's EIT collector, pass the four associated resolutions (adopting Berkheimer as EIT collector; authorizing Berkheimer to impose and retain costs of collection on delinquent taxes; appointing Berkheimer as Tax Hearing Officer; authorizing Township officials as communications portal with Berkheimer), and authorize distribution of correspondence to the State System of Higher Education and the Bureau of Financial Management.
Moved by Linda Stopfel

New Business

Forestry Management Plan for Park Property

Chairman Bechtel reported that Alice Trowbridge from Larson Design suggested a forestry management plan for park woodlands, noting it could proceed without completing the Master Site Plan. Bechtel indicated marketable timber could fund park development projects. The board agreed to have Linda Stopfel pursue a grant for trees and have Chairman Bechtel further investigate the forestry management plan.

parksenvironment
Tractor Trailer Traffic on Mountain Road

Linda Stopfel raised concerns about continuing tractor trailer traffic on the mountain. Patricia Powley noted that signage had been changed making tractor trailer traffic now mostly permissible. Linda recommended sending a letter to Senator Piccola's office expressing the Township's concerns and asking why the changes were made.

roadsinfrastructure

Adjournment

Ken Hoover motioned to adjourn the meeting at 10:00 PM. Carol Eppley seconded and the motion carried 5:0.

5-0 Adjourn the meeting.
Moved by Ken Hoover

This page is an automated summary of official township records. For the authoritative version, always refer to the original document.