Monthly Business Meeting
Executive session held August 30, 2011, 7:00 PM - 8:20 PM — Konchar litigation
Summary
The Halifax Township Board of Supervisors held their monthly business meeting on September 12, 2011, from 7:00 to 9:18 PM. Four of five supervisors were present — Kenneth Bechtel (Chairman), Linda Stopfel, Carol Eppley, and Ken Hoover — with Gary Shultz absent. The meeting dealt extensively with flood aftermath, ongoing nuisance enforcement across multiple properties, and a pointed public discussion about the future of Ft. Halifax Park and the Township's use of email for official business.
- Flood response and septic concerns: The fire company reported on its flood response efforts and provided guidance on well treatment for affected residents. Linda Stopfel raised concerns about residents unable to use septic systems or water due to flood damage; Tim Neiter later reported that only Derry Township's municipal sewage plant was closed.
- Strohecker land development plan accepted: The board voted 4-0 to accept the Strohecker Plan and refer it to the Planning Commission and Township Engineer for review, after the September 7 Planning Commission meeting was cancelled.
- McClellan Road drainage repair estimated at $7,000: Roadmaster Corey Stazewski reported a drainage problem requiring repair, with an initial estimate of $7,000. The board took no action pending additional estimates.
- Harn nuisance enforcement escalated: Solicitor Bruce Warshawsky reported that writs of execution were served on Clifford and Katherine Harn, with personal property levied and tagged by the Sheriff. The board directed a formal letter be sent notifying the Harns their property is under levy.
- Ft. Halifax Park use and sale questions: Deb Snyder urged the board to allow sporting events at the park, but Chairman Bechtel clarified the grant restricts it to passive recreation. Norma Shearer asked directly whether the solicitor had been engaged to explore selling the park — the answer was no — and noted any change in use would require replacement land of equal value.
- Email transparency debate: Flo Mallonee raised concerns about official business being conducted via email, citing archaeological surveying at Ft. Halifax Park that three of five supervisors were unaware of. Solicitor Warshawsky clarified that no official action is taken by email, that township emails are public records under the Right-to-Know Law, and that discussion among fewer than three supervisors does not constitute official action.
- Flood plain ordinance update deferred: The solicitor advised against amending the SALDO until FEMA finalizes updated flood plain regulations, expected by March 2012.
- Veterans memorial tree planting planned: The board agreed to plant trees 33–35 feet from the road line at Ft. Halifax Park, with George Kutt donating trees. Linda Stopfel proposed dedicating the planting to veterans and Brian Mowery, who was killed in a helicopter accident while serving. The Friends of Ft. Halifax Park requested a plaque recognizing George Kutt, Sr. as the original tree donor.
Who was there
Kenneth Bechtel (Chairman/Supervisor) · Linda Stopfel (Supervisor) · Carol Eppley (Supervisor) · Ken Hoover (Supervisor) · Corey Stazewski (Roadmaster) · Bruce Warshawsky (Solicitor) · Tom Wilson (Engineer) · Carolyn Nye (Secretary)
Public comments
Meeting business
EXECUTIVE SESSION
Chairman Bechtel announced that an executive session was held on August 30 from 7 p.m. to 8:20 p.m. regarding the Konchar litigation.
SECRETARY/TREASURER REPORT
Supervisor Hoover motioned to authorize payment of interim bills (passed 4-0). Supervisor Eppley asked about the Miller Services bill; Roadmaster Stazewski confirmed stumps were ground down with a guide wire cable in the last stump still to be removed, and Chairman Bechtel noted field seeding is complete. Current bills were approved 4-0. Minutes were approved 4-0. No questions on the financial report.
EMC REPORT
Tim Neiter from the fire company reported on the recent flood and the fire company's involvement, including information on treatment of wells. Brad Bruner commended the fire company's efforts. Supervisor Stopfel raised a question about what residents can do when unable to use septic systems and water due to the flood.
PLANNING COMMISSION RECOMMENDATION
Fred Ford announced the September 7 Planning Commission meeting was cancelled. Solicitor Warshawsky recommended the Board accept the Strohecker plan to start the review process since the Planning Commission meeting had been cancelled. Supervisor Hoover motioned to accept the Strohecker Plan for Planning Commission and Engineer review (passed 4-0).
ENGINEER REPORT
Engineer Tom Wilson read his September 1 report. Roadmaster Stazewski reported a portion of McClellan Road needs repair due to drainage problems, with a cost estimate of $7,000; he will seek additional estimates. Regarding the Morris Rill property along the river, Tom Wilson explained that if the property is in the floodway, Mr. Rill would need a DEP permit under Chapter 105 for reconstruction, and if in the flood fringe, the facility must be flood proof per building regulations.
SOLICITOR REPORT
Solicitor Warshawsky reported on five matters: (1) DONCO Agreement — a third draft is pending review with Mr. Silver; the plan must be consistent with the agreement or Lenker would be in violation. (2) Clifford and Katherine Harn — writs of execution served, personal property levied and tagged by the Sheriff; Board instructed a letter be sent to the Harns. (3) SALDO — amendment should wait until flood plane regulations are settled; FEMA may authorize the updated Flood Plane Ordinance by March 2012 per Janine Parks of Dauphin County Planning Commission. (4) Cable franchise fees — a solicitation from a law firm was received; the Township has a 15-year COMCAST contract and is five years in. (5) The Solicitor clarified that no official action is conducted by email, that township emails are public records subject to Right-to-Know Law, and that attorney-client privilege exceptions may apply to solicitor communications regarding personnel and litigation.
ROADMASTER REPORT
Roadmaster Stazewski reported an agreement is needed for a 10-foot strip of land on the Galli Road plan made available to the Township. Solicitor Warshawsky will prepare an agreement allowing the Township to correct the runoff problem, which must be reviewed and signed by the landowners and then recorded.
ADMINISTRATIVE
The secretary requested authorization to install a locked mailbox and eliminate the PO Box for deliveries; Supervisor Hoover motioned to authorize this (passed 4-0), and Roadmaster Stazewski was authorized to install it. For the Annual Township Convention on October 6, Supervisors Stopfel and Bechtel and Tax Collector Melinda Warfel will attend.
OLD BUSINESS
Tree planting: The Board agreed to plant trees 33-35 feet from the road line; George Kutt will deliver trees and donate four extra if needed. Supervisor Stopfel proposed planting in honor of veterans and Brian Mowery, killed in a helicopter accident; matching funds will come from the veterans group. Norma Shearer stated the Friends of Ft. Halifax Park would like to recognize George Kutt, Sr. as the original donor with a plaque. Nuisance updates: Gene Nye property cleaned and vacant; Susan Abright's high weeds unmowed with a 20-day notice to be posted; Kolva property partially cleaned; Stewart property grass cut and trash removed, awaiting dumpster removal with costs to be sent to the Solicitor; Bitting property partially completed; Masser building down but debris not yet removed; Joyce Reinfeld runoff complaint deemed a private matter; Harner/Hoover SEO complaint — water lines removed but sewage disposal status unconfirmed. Sewage issue: Tim Neiter contacted Dauphin County EOC and found only Derry Township's municipal sewage plant is closed. Harman Stove Plan: revised plan received but the letter describing changes has not; the secretary will contact Mr. Harman. Recycling entrance update was addressed during public comment — the Borough is working with the County on paving.
NEW BUSINESS
Rudi Erb will check on the status of the oak tree that fell in the creek near the Strohecker property and report back. The Board agreed to help with cleanup and provide a site for a dumpster for Twin Valley Conservation's roadside cleanup effort. Chairman Bechtel announced Bob Stout requested a meeting with the Township before the end of September regarding the Fire Company Agreement for a five-year plan.
ADJOURNMENT
Supervisor Hoover motioned to adjourn at 9:18 p.m., seconded by Supervisor Eppley; motion carried 4-0.
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