Monthly Business Meeting

7:03 p.m. – 10:02 p.m. 8 present 14 motions

The Halifax Township Board of Supervisors held its monthly business meeting on June 10, 2013, with all five supervisors present: Chairman Kenneth Bechtel, Brad Bruner, Ken Hoover, Randy Paul, and Gary Shultz, along with Solicitor Bruce Warshawsky, Engineer Tom Wilson, and Secretary/Treasurer Carolyn Nye. The nearly three-hour session was dominated by a contentious debate over proposed changes to the Sycamore Tree Ordinance, which drew divided public comment and required procedural maneuvering before ultimately passing on a split vote.

  • Sycamore Tree Ordinance fines dramatically reduced (4-1, one abstention): After extended debate, the board approved amending the ordinance to cut the standard violation fine from $7,500 to up to $500 and the willful destruction fine from $22,500 to up to $1,500. The vote came only after a motion to table passed 4-1, followed immediately by a 4-1 vote to bring the matter back. Public opinion was sharply split — Chris Kinsinger, Norma Shearer, and Frank Wilmarth argued the lower fines would fail to deter destruction, while Fred Ford and Eileen Snyder supported the reductions. A formal permit and application process for tree modifications was also noted as now being in place.

  • Seiler nuisance property given a deadline (5-0): The permit officer was directed to inspect the Seiler property on or after June 27; if conditions remain unacceptable, the board authorized filing a complaint with the District Justice.

  • Lenker Development Agreement approved (5-0): The agreement preserves Mr. Sweigard's ability to negotiate a future arrangement with Mr. Lenker without prejudice to the township.

  • Cedars Shopping Center bond release initiated (5-0): Solicitor Warshawsky was authorized to draft a Memorandum of Understanding to allow Cedars to close out its security bond obligation.

  • Noise ordinance authorized (5-0): The solicitor was directed to research and draft a noise ordinance for future consideration.

  • Patriot Energy electricity contract renewed (5-0): The township locked in a 12-month fixed rate of $0.08165/kWh.

  • Middle Road erosion unresolved: Mike Snody reported that ongoing erosion on Middle Road persists despite a drainage buffer previously installed by Larry Kauffman. The existing pipe is not on township right-of-way, leaving the problem without a clear path forward.

  • HARA agreement ending: The board reviewed HARA's response to the township's notification that their agreement will end December 31, 2013. No action was taken; funding decisions were deferred to the next budget meeting.

Kenneth Bechtel (Chairman/Supervisor) · Brad Bruner (Supervisor) · Ken Hoover (Supervisor) · Randy Paul (Supervisor) · Gary Shultz (Supervisor) · Bruce Warshawsky (Solicitor) · Tom Wilson (Engineer) · Carolyn Nye (Secretary/Treasurer)

Chris Kinsinger — Stated he is against lowering the fine regarding the Sycamore Tree Ordinance and feels the proposed fine is not sufficient.
Mike Snody — Spoke about the Middle Road water issue, noting that a buffer installed by Larry Kauffman helped at the time but erosion is still taking place. The existing pipe is not on township right-of-way.
Flo Mallonee — Spoke against the original fine in the ordinance and noted sycamore trees are obstructing sight distance. Asked if someone would check into trimming the trees.
Fred Ford — Feels the proposed fine is appropriate and stated the trees are dangerous and dirty.
Frank Wilmarth — Introduced Robert Ronngren who helps with park work. Feels the fine should be set high enough to cover any cost of willful destruction.
Norma Shearer — Prefers not to change the fine, feeling it would deter a developer from taking trees down.
Eileen Snyder — Agrees with the proposed Sycamore Tree Ordinance change regarding the fine. Was against the Township taking down healthy oak trees to plant more sycamores.

Secretary/Treasurer Report

Interim bills and current unpaid bills were approved unanimously (motions by Supervisor Hoover, seconded by Supervisor Bruner). The May 13, 2013 minutes were approved as written (motion by Supervisor Paul, seconded by Supervisor Hoover). The financial report was reviewed with no questions.

budget
5-0 Approve the payment of the interim bills.
Moved by Ken Hoover
5-0 Authorize payment of the unpaid bills.
Moved by Ken Hoover
5-0 Approve the May 13, 2013 minutes as written.
Moved by Randy Paul

EMC Report

EMC Report / ALS Issue

No EMC report was given. Chairman Bechtel reported receiving a call from Reed Township regarding the ALS issue; as of June 1, 2013, the life team has a unit housed at the ambulance building. The Board agreed to table further discussion or action on the ALS issue.

emergency-services

Planning Commission Recommendation

Flo Mallonee reported on the June 3 Planning Commission meeting, including a PennDOT meeting with representatives of Members 1st Federal Credit Union, Sheetz, township officials, and others to discuss the Members 1st Plan and the Halifax intersection. Dwight Hoffman was announced as a new Planning Commission member. The Board approved the Ivan Bechtel Stormwater Management Plan extension unanimously (motion by Supervisor Bruner, seconded by Supervisor Paul).

planningstormwaterland-development
5-0 Approve the Ivan Bechtel Stormwater Management Plan extension.
Moved by Brad Bruner

Engineer Report

Engineer Tom Wilson reviewed his June 4, 2013 report. He reported that the conservation district submitted the Act 167 Stormwater Management Plan to DEP, with a public hearing forthcoming, and indicated that Option 2 is the preferred option.

stormwateract-537

Solicitor Report

Solicitor Bruce Warshawsky gave his June 4 report. The Board is in a waiting mode on Members 1st and Sheetz as a traffic study plan will be submitted; the turn arrow concern was addressed. The Lenker Development Agreement was approved unanimously (motion by Supervisor Hoover), allowing Mr. Sweigard to seek an agreement with Mr. Lenker at a later date. The Board authorized the permit officer to assess the Seiler nuisance property on or after June 27 (motion by Supervisor Shultz, 5-0). The Kline property on Dunkle School Road was given more time for cleanup. The Hoffman SWM Application can be executed upon receipt of the approved application, with recording costs to be passed to the Hoffmans.

legalplanningpermits
5-0 Approve the Lenker Development Agreement, which allows Mr. Sweigard to come in at a later date without prejudice to seek an agreement with Mr. Lenker and does not have any adversarial affect on the Township.
Moved by Ken Hoover
5-0 Have the permit officer assess the Seiler property on or after June 27, and if conditions are not acceptable, the Board can authorize to proceed with a complaint to the District Justice.
Moved by Gary Shultz

Ft. Halifax Park Committee Report

Supervisor Shultz reported on the May 28 committee meeting attended by Frank Wilmarth, Randy Paul, and Gary Shultz. Items discussed included Fort Halifax sign repair, labeling tree specimens, picnic table repair, Friends of Fort Halifax assuming building insurance and maintenance, future Appalachian Wagon Train camping, trail construction along Armstrong and Susquehanna waterways, canal brush clearing, 4-wheeler storage for poison ivy spraying, and park rules modifications. The Board approved additional bluebird houses, requested details on the trail proposal, raised concerns about non-employee spraying, and directed that all future issues be brought before the Board for decisions. The Solicitor advised the Township could secure building insurance with Friends of Fort Halifax paying the bill.

fort-halifaxparksrecreation

SEO Report

A report was received from Light-Heigle for sewage enforcement work done in May. Flo Mallonee commended Light-Heigle for the SEO work being done for the township.

permits

Old Business

Price Road

The Board reviewed the Engineer's cost estimate for road improvements along with a proposal from Supervisor Paul. After much discussion, the issue was tabled.

roadsinfrastructure
Cedars Security Bond Release

The Township received official notification regarding the Cedars security bond release. The Board authorized the Solicitor to draft a Memorandum of Understanding to accommodate Cedars Shopping Center in ending their bond (motion by Supervisor Bruner, seconded by Supervisor Shultz, 5-0).

legalcontracts
5-0 Authorize the Solicitor to draft a Memorandum of Understanding to accommodate Cedars in ending their bond.
Moved by Brad Bruner
Sycamore Tree Ordinance

The properly advertised amended ordinance was debated at length. The original $7,500 violation fine (with $22,500 for willful destruction added in 2007) was proposed to be reduced to up to $500 per violation and up to $1,500 for willful destruction. After public comment both for and against the change, Supervisor Bruner proposed adding a tree replacement provision for willful destruction; the Solicitor advised that such a major change would require tabling. The motion to table carried 4-1, but was subsequently brought back and the amended ordinance was ultimately approved 4-1 with one abstention. A formal permit and application process was also noted as now being in place.

ordinancesenvironment
5-0 Waive the reading of the amended Sycamore Tree Ordinance.
Moved by Ken Hoover
4-1 Table the Sycamore Tree Amended Ordinance vote for tonight.
Moved by Gary Shultz
4-1 Bring back the proposed Sycamore Tree Amended Ordinance for a vote.
Moved by Brad Bruner
4-1 abstention Approve the amended Sycamore Tree Ordinance, modifying violations from $7,500 to up to $500 and willful destruction fine from $22,500 to up to $1,500.
Moved by Ken Hoover
HARA Response Letter

The Township had previously notified HARA that their agreement would end as of December 31, 2013. HARA's response letter was reviewed and no action was taken. The Solicitor noted the Board can decide during the next budget meeting what funds to appropriate to HARA.

community-events

New Business

Noise Ordinance

A sample noise ordinance was provided to the Board for review. The Board authorized the Solicitor to investigate and prepare a noise ordinance (motion by Supervisor Paul, seconded by Supervisor Bruner, 5-0).

ordinanceslegal
5-0 Authorize the Solicitor to investigate and prepare a noise ordinance.
Moved by Randy Paul
Patriot Energy Renewal

The Board approved a Patriot Energy 12-month fixed rate contract at a rate of $0.08165 per kWh (motion by Supervisor Paul, seconded by Supervisor Bruner, 5-0).

utilitiescontracts
5-0 Accept the Patriot Energy 12-month fixed rate contract at a rate of .08165 kwh.
Moved by Randy Paul
2012 Audit Report

Supervisor Bruner, Secretary Carolyn Nye, and the Roadmaster will review the auditor's recommendations and prepare a response to the auditors.

budget
Ag Security Area

Chairman Bechtel reviewed the history of the Agricultural Security Program, which protects against nuisance ordinances and eminent domain. The Board agreed to pass a resolution before year-end and process any new or changed applications with a filing fee. Secretary Carolyn Nye was instructed to publish a press release in the Upper Dauphin Sentinel. Melinda Warfel volunteered to be the contact person.

planningproperty

Adjournment

Supervisor Shultz made a motion to adjourn at 10:02 p.m., seconded by Supervisor Paul; motion carried 5-0.

5-0 Adjourn the meeting.
Moved by Gary Shultz

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