Monthly Business Meeting
Executive session held 6:00 PM - 7:00 PM — Litigation involving DONCO Construction; two sessions held: October 3 (5:55 PM–7:00 PM) and October 10 (6:00 PM–7:00 PM)
Summary
The Halifax Township Board of Supervisors held its monthly business meeting on October 10, 2011, running from 7:00 PM to 10:38 PM — one of the longer sessions of the year. All five supervisors were present: Chairman Kenneth Bechtel, Gary Shultz, Linda Stopfel, Carol Eppley, and Ken Hoover. The meeting was dominated by the resolution of a years-long legal dispute with DONCO Construction over the Lenker Estates development, and a strong showing of community support for Ft. Halifax Park.
- DONCO developer's agreement approved in a divided 3-1-1 vote: After more than six months of executive session negotiations, the board approved a settlement framework resolving litigation stemming from the township's 2007 denial of the Lenker Estates Phases II and III final plan. The agreement includes significant stormwater management redesign, removes requirements for neighboring landowner easements, and improves sight distances. In exchange, the developer received exclusions allowing lot sizes and setbacks up to 10% below ordinance requirements. The revised plan must still go before the Planning Commission and a public hearing before final approval. Kenneth Bechtel, Gary Shultz, and Ken Hoover voted yes; Carol Eppley voted no, stating the agreement "ties the hands of the township"; Linda Stopfel abstained.
- Three subdivision and land development actions approved unanimously: The board approved the Posavec Subdivision Plan, the revised Strohecker Mobile Home Park Subdivision Plan reflecting a setback change, and a land development waiver for Harlan Reinfeld to place a replacement mobile home (capped at 1,000 sq. ft., subject to sewage inspection and building permit).
- Nuisance enforcement actions authorized against two property owners: The board voted 5-0 to direct Solicitor Bruce Warshawsky to file legal actions against both the Kolvas and the Albrights for unresolved property violations. The Masser nuisance was reported as partially resolved — the building has been demolished and the owner committed to addressing remaining issues.
- Post-flood cleanup day scheduled for October 29: Roadmaster Corey Stazewski reported increased dumping of materials along township roads following recent flooding. The board approved advertising a community cleanup event with a dumpster for October 29.
- $37,435.31 in Fire Relief Fund received: The township received its 2011 state fire relief payment, which includes a pre-payment toward 2012.
- Ft. Halifax Park draws broad public support: Roughly a dozen residents spoke in favor of the park. Peg Wasson reported that Daughters of the American Revolution representatives examined the farmhouse foundation and believe it may predate the existing structure. Chairman Bechtel noted that Indiana University volunteers participated in a recent archaeological dig, with other universities expressing interest in future digs. Tree planting is scheduled for October 24, though PennDOT denied permission to plant sycamores on its Route 147 right-of-way.
- Public hearing on Lenker Plan set for November 21: The board scheduled a 7:00 PM hearing contingent on the Planning Commission receiving the plan at its November 7 meeting.
- Tobias litigation may head to Supreme Court: The solicitor reported that Mr. Tobias filed a petition for allowance to appeal; if not denied, the case could take 2–3 years. If there is no appeal, the board will need to resolve outstanding deed of dedication and road location issues.
Who was there
Kenneth Bechtel (Chairman/Supervisor) · Gary Shultz (Supervisor) · Linda Stopfel (Supervisor) · Carol Eppley (Supervisor) · Ken Hoover (Supervisor) · Bruce Warshawsky (Solicitor) · Carolyn Nye (Secretary) · Corey Stazewski (Roadmaster)
Public comments
Meeting business
SECRETARY/TREASURER REPORT
Chairman Bechtel explained the ARK Safety Equipment bill, which was for safety equipment purchased as a result of the recent flooding. Supervisor Hoover made a motion to approve the interim bills, seconded by Supervisor Stopfel; motion carried 5-0.
Supervisor Hoover made a motion to approve the unpaid bills, seconded by Supervisor Shultz; motion carried 5-0.
Supervisor Hoover made a motion to approve the September 12, 2011 minutes as written, seconded by Supervisor Eppley; motion carried 5-0.
PLANNING COMMISSION REPORT/RECOMMENDATION
Harlan Reinfeld requested to place a mobile home on his property to replace one that was removed. The Board approved the recommendation to waive the land development plan contingent upon the mobile home not exceeding 1,000 sq. ft., a reasonable habitation time frame, SEO inspection of the sewage system, and a building permit. Motion by Supervisor Hoover, seconded by Supervisor Shultz; carried 5-0.
Supervisor Shultz made a motion to waive Section 404 Preliminary Plan but not the data contained in the preliminary plan, seconded by Supervisor Hoover; motion carried 5-0.
Supervisor Hoover made a motion to approve the Posavec Subdivision Plan, seconded by Supervisor Shultz; motion carried 5-0.
Supervisor Hoover made a motion to approve the revised Strohecker Mobile Home Park Subdivision Plan, which reflects a change in setback, seconded by Supervisor Stopfel; motion carried 5-0.
SOLICITOR REPORT
Mr. Tobias filed a petition for allowance to appeal, which the Solicitor indicated may be denied. If not denied, the case could go to the Supreme Court and take 2-3 years. Attorney Sherr will wait 30-60 days for the Supreme Court's decision. If there is no appeal, the Board will need to address the outstanding deed of dedication and road location issues with Mr. Tobias.
Solicitor Warshawsky met with Mr. Konchar's attorney Mr. Radebach and engineer Bill Burch and determined the Konchar property is not within the boundaries of the property the Township purchased from the PA Conservancy. The problem appears to be between Mr. Konchar and the railroad. The Solicitor will contact Mr. Radebach to draft an agreement, and the Township has a legitimate concern to mark the boundary at 30 feet from the center of the railroad tracks to prevent encroachment.
The SALDO changes will exclude the flood plain because the County has not completed the flood maps, which are projected for completion by March 2012. Regarding Morris Rill, the Solicitor stated Mr. Rill needs a DEP permit because his building project is in a floodway; there is no UCC issue, and the Solicitor and Engineer will discuss any additional requirements.
Melinda Warfel will calculate the taxes owed but needs a letter from the County reflecting a figure for the past three years. Assuming approval by the School District and the County, the Township was asked to act on the agreement received.
Supervisor Hoover made a motion to authorize the Tax Appeal Agreement, seconded by Supervisor Stopfel; motion carried 5-0.
The Solicitor presented the agreement constituting the framework for resolving litigation between DONCO and the Township after six or more months of executive session discussions. The agreement addresses storm water management changes, removes requirements for neighboring landowner easements, improves site distances, and provides driveway access for a neighboring landowner. Exclusions permit property sizes up to 10% less than ordinance requirements and reduced setbacks to retain developable lots and accommodate storm water changes. After extensive public discussion involving questions from Carol Eppley, Jim Eppley, Bonnie Freeman, and others about plan certification and public inspection procedures, the motion carried 3-1-1 (Supervisors Bechtel, Shultz, and Hoover voting yea; Supervisor Eppley voting no; Supervisor Stopfel abstaining).
ROADMASTER REPORT
Roadmaster Corey Stazewski reported increased dumping of materials along township roadways and suggested providing a dumpster. The Board discussed holding a special cleanup day as a result of the recent flooding. Supervisor Shultz made a motion to advertise the special cleanup day two times for October 29; motion carried 5-0.
Roadmaster Stazewski reported on preparation work for Fellowship Drive involving excavating and compacting stone before Eastern could do the paving, which was not in the original contract bid specs. Regarding Boyer Street, Glenn Yeager asked the Board to donate pipe for repairing a pipe along Boyer Street; Corey will do a site inspection and report at the next meeting.
Roadmaster Stazewski reported that Jim Cessna of PennDOT denied the Township permission to plant sycamore trees on PennDOT's right-of-way along North Route 147 on the east side of the park property. Corey requested a written denial from PennDOT.
ADMINISTRATIVE
The Township received the 2011 Fire Relief Fund in the amount of $37,435.31, which includes a pre-payment for 2012. The Secretary will check with the Ambulance Association regarding their share of the check.
Chairman Bechtel reported on the recent archaeological dig and findings at Ft. Halifax Park, which included volunteers from Indiana University and local volunteers. He noted that universities may want to participate in future digs. Multiple members of the public also spoke in support of the park during the public comment period.
OLD BUSINESS
Trash still appears to remain on the Kolva property. Supervisor Shultz made a motion to authorize the Solicitor to file an action against the Kolvas, seconded by Supervisor Eppley; motion carried 5-0.
Supervisor Stopfel made a motion to file an action against the Albrights, seconded by Supervisor Eppley; motion carried 5-0.
The building on the Masser property has been torn down. Some weeds have not yet been sprayed. Per Supervisor Stopfel's conversation with Mr. Masser, he will spray the high weeds and remove other items from the property.
NEW BUSINESS
The Board selected October 20, November 3, and November 10, all at 6 p.m., as the dates for public budget meetings to be advertised.
Supervisor Hoover made a motion to hold a public hearing on November 21 at 7 p.m. contingent upon the Planning Commission receiving the Lenker Plan, seconded by Supervisor Shultz; motion carried 5-0.
Supervisor Stopfel gave an overview of the State Preservation Plan Photos initiative; Chairman Bechtel expressed hope it would include Taylor School, which the Halifax Historical Society is working to preserve. Separately, the Susquehanna River Trail Association's Island Hopper canoe event is scheduled for Saturday, June 23, 2012, and Supervisor Stopfel confirmed the Township's insurance covers this type of event.
This page is an automated summary of official township records. For the authoritative version, always refer to the original document.