Monthly Business Meeting

7:04 PM – 10:03 PM 9 present 11 motions

The Halifax Township Board of Supervisors held its monthly business meeting on August 9, 2010, with all five supervisors present: Chairman Kenneth Bechtel, Linda Stopfel, Carol Eppley, Ken Hoover, and Gary Shultz. The nearly three-hour session began with a pointed effort to restore order to meetings that had grown contentious, culminating in the appointment of Solicitor Bruce Warshawsky as parliamentarian. The wide-ranging agenda covered nuisance enforcement, a pending lawsuit, environmental protection for Powells Creek, and a complicated right-of-way dispute with PennDOT over a traffic signal installed on private property.

  • Meeting decorum rules established and parliamentarian appointed: Following discussion about disruptive exchanges at prior meetings, the board voted 5-0 to appoint Solicitor Warshawsky as parliamentarian to enforce proper procedure, including a three-minute public comment limit and rules against audience interruptions.

  • Resident lodged formal complaint against supervisor: Jerry Kissinger asked the board to note on the record that Supervisor Carol Eppley tore up a photo he had submitted at the July meeting and called him a bully. Eppley responded that Kissinger had directed profanities at her. No formal action was taken.

  • Harn bankruptcy claim authorized ($11,177.30): After the Harns converted their Chapter 7 bankruptcy to Chapter 13, the board voted 5-0 to have Solicitor Warshawsky file a proof of claim to pursue recovery of $11,177.30 owed to the Township.

  • Route 147/225 traffic signal on private property: A PennDOT meeting revealed that the traffic signal at this intersection — originally a PennDOT project — was installed on private property outside the public right-of-way. Eminent domain condemnation proceedings may be required, with responsibility between PennDOT and the Township still to be determined.

  • Powells Creek environmental protection resolution adopted: The board unanimously supported Twin Valley Conservation's petition to DEP requesting a stream designation upgrade for Powells Creek to strengthen water quality protections.

  • PennDOT snow removal contract approved ($3,840): The Township renewed its agreement with PennDOT to plow Powells Valley Road for the 2010–2011 winter season.

  • Municipal building occupancy permit authorized ($204): With all code upgrades complete, the board approved obtaining an occupancy permit for the meeting room and set its capacity at 75 people.

  • Eagle Scout park project and Ft. Halifax Park updates: Chris Maichle received board support for his Eagle Scout project to build picnic benches at Ft. Halifax Park. Separately, the board authorized a dumpster and work-release labor to clean out two park rental units, and Gary Shultz reported positively on an August 4 planning meeting with Larson Design, DCNR, and CPC regarding the park's master site plan, with a public meeting planned for early October.

Kenneth Bechtel (Supervisor, Chairman) · Linda Stopfel (Supervisor) · Carol Eppley (Supervisor) · Ken Hoover (Supervisor) · Gary Shultz (Supervisor) · Justin Kuhn (Engineer (K&W Engineers)) · Bruce Warshawsky (Solicitor) · Dale Shoop (Roadmaster) · Shanemarie Ferguson (Secretary)

Patricia Powley — Thanked the Township for addressing the condition of the entrance-way at the Recycling Center at Deppen Park. Chairman Bechtel noted Dale Shoop deserved the gratitude as he volunteered to address it even though the Recycling Center is within the Borough's jurisdiction.
Jerry Kissinger — Asked to have on record Supervisor Eppley's behavior at the July meeting, stating she tore up a picture he provided and called him a bully after the meeting. Also requested guidance on addressing his neighbor's Mile-a-Minute plant encroaching onto his property. Chairman Bechtel noted the Mile-a-Minute issue would be placed on the agenda under New Business, and the prior nuisance complaint regarding a vehicle would be addressed at next month's meeting.
Chris Maichle — Sought approval from the board for his Eagle Scout project to construct picnic benches for Ft. Halifax Park. The board expressed support and thanked him for his intended contribution.
Bonnie Freeman — Announced that Friends of Ft. Halifax would be having a fundraiser pig roast on Saturday, October 2nd from 3-7 PM at the Park, rain or shine. Provided complimentary tickets to each board member.
Norma Shearer — Complimented Secretary Ferguson on the July meeting minutes. Thanked board members who attended the August 4th meeting with Larson Design, DCNR, CPC and Ft. Halifax Park's Master Site Plan Committee. Recommended the Township submit an article to the Sentinel highlighting Eagle Scout accomplishments and contributions to the Township; Linda Stopfel noted she had already contacted Duane Good at the Sentinel for a write-up. Requested that board members use their microphones during meetings.

Call to Order

Meeting Decorum and Appointment of Solicitor as Parliamentarian

Supervisor Shultz initiated discussion on proper meeting conduct. The board established rules requiring residents to raise their hand before speaking and prohibiting interruptions. Solicitor Warshawsky was appointed parliamentarian by a 5:0 vote to advise the Chairman and ensure orderly proceedings, including enforcing a 3-minute public comment limit.

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5-0 Motion to have Solicitor Warshawsky serve as parliamentarian during the Township meetings.
Moved by Gary Shultz

Secretary Report

Approval of July 12, 2010 Minutes

Chairman Bechtel noted a correction: Jim Long Junior had been incorrectly listed as Jim Long Senior in the public comment section. Ken Hoover motioned to accept the minutes with this correction; approved 5:0.

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5-0 Motion to accept the July 12, 2010 minutes as presented, given correction to Mr. Long's suffix (Jim Long Junior, not Jim Long Senior) as noted by Chairman Bechtel.
Moved by Ken Hoover

Treasurer Report

Approval of Paid Interim Bills and Unpaid Current Bills

Ken Hoover motioned to approve the paid interim bills as presented, seconded by Gary Shultz, carried 5:0. Carol Eppley motioned to approve the unpaid bills as presented, seconded by Gary Shultz, carried 5:0.

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5-0 Motion to approve the paid interim bills as presented.
Moved by Ken Hoover
5-0 Motion to approve the unpaid bills as presented.
Moved by Carol Eppley

Planning Commission Report

Planning Commission August 2, 2010 Meeting Report

PC Chairman Fred Ford reported no official business before the Planning Commission at the August 2 meeting. Members reviewed Section 4 of the SALDO, with plans to review Section 5 at the September meeting.

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Solicitor Report

RRMHP Outstanding Plan Fees

Solicitor Warshawsky reported no response to his July 20, 2010 collection letter demanding $5,317.20 in outstanding engineering and legal fees from Mr. Bistline. The board agreed to have Chairman Bechtel contact Mike Bistline personally to discuss the matter, with follow-up at next month's meeting.

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Pawnee Lane/Baer Complaint – Lenker Nuisance

Solicitor Warshawsky reported that Gary and Donald Lenker received the pre-nuisance letter regarding debris on Pawnee Lane and would contact Roadmaster Dale Shoop to schedule a meeting. Chairman Bechtel and Ken Hoover agreed to attend the meeting along with Mr. Baer. If the response is unsatisfactory, further action would be decided at the next meeting.

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David Scheidler Nuisance at 2859-A Mountain Road

Solicitor Warshawsky reported that the Scheidler nuisance matter will be presided over by Magisterial District Justice Johnson, who will determine whether Scheidler is in violation of the Township's Nuisance Ordinance. The hearing is unlikely to occur before next month's meeting.

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Tobias v. Halifax Township Litigation

Solicitor Warshawsky reported that Township counsel Tony Sherr was unable to postpone the trial date, which remains scheduled for August 23, 2010. Sherr recommended that all board members attend if possible.

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Roadmaster Report

2010 Paving Project Completion

Roadmaster Dale Shoop reported the 2010 paving project, including line painting, was complete and came in $7,000 under estimate. Liquid fuel monies would be used to cover both the paving and line painting costs.

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Volunteers to Help Maintain Park Grounds

Dale Shoop reported individuals had volunteered to help with mowing and park maintenance. Insurance agent Tom Troutman confirmed no issues with volunteers using Township equipment. The board agreed to grant Shoop latitude in utilizing these volunteers; Solicitor Warshawsky noted this was an administrative action requiring no formal motion.

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John Heim HOP for Fuhrman Road

Dale Shoop reported that he and Mr. Heim would be meeting with a PennDOT representative the following day to discuss Heim's application for a Highway Occupancy Permit for Fuhrman Road. No action was taken.

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Occupancy Permit for Municipal Building Meeting Room

Dale Shoop reported that all work to bring the meeting room up to code was complete and the Township needed an occupancy permit with a $204 application/inspection fee. Linda Stopfel motioned to set room capacity at 75 people and authorize acquiring the permit; approved 5:0.

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5-0 Motion to allow Dale Shoop to acquire an occupancy permit for the municipal building meeting room and to set the room's capacity at 75 people.
Moved by Linda Stopfel $204
Buffalo Park Road – Potential Land Donation for Park Access

Dale Shoop reported that Ms. Matter expressed interest in donating a parcel that could provide Park access via Buffalo Park Road. Bill Krenz from the Master Site Plan Committee noted ongoing discussions with Ms. Matter. Jim Eppley suggested timing the acquisition to use the land value as matching funds for a future grant. Friends of Ft. Halifax Park offered to take temporary possession if needed; Krenz indicated it was premature to involve the Solicitor until further discussions with Ms. Matter.

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Administrative

Interim Motion – PennDOT Meeting Attendees (August 5, 2010)

Chairman Bechtel reported that Tom Wilson contacted him after last month's meeting about the need for board attendance at the August 5 PennDOT meeting regarding right-of-way issues at the 225/147 traffic light. An interim decision was made with approval from 3 Supervisors for Bechtel and Ken Hoover to attend.

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PennDOT Snow Removal Agreement – Powells Valley Road 2010-2011

Dale Shoop reported the PennDOT snow removal agreement for plowing Powells Valley Road was up for renewal, with the annual amount increased to $3,840 for the 2010-2011 season. Ken Hoover motioned to approve; carried 5:0.

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5-0 Motion to approve the PennDOT snow removal agreement for plowing of Powells Valley Road during the 2010-2011 winter season at an annual amount of $3,840.
Moved by Ken Hoover $3,840
Powells Creek Water Quality Protection Resolution

Solicitor Warshawsky presented a resolution supporting Twin Valley Conservation's petition to DEP for a stream designation upgrade for Powells Creek, as discussed at the previous meeting. Gary Shultz motioned to adopt the resolution; carried 5:0.

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5-0 Motion to adopt the resolution as presented in support of a petition to be submitted to DEP by Twin Valley Conservation requesting a stream designation upgrade for Powells Creek.
Moved by Gary Shultz
EOP Resolution – Adoption of Dauphin County Emergency Operations Plan

Solicitor Warshawsky presented a resolution and promulgation for the official adoption of Dauphin County's Emergency Operations Plan, following the board's decision to adopt it at the previous meeting. Ken Hoover motioned to approve; carried 5:0.

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5-0 Motion to approve the resolution and promulgation as presented for the official adoption of Dauphin County's Emergency Operations Plan.
Moved by Ken Hoover
Civil War Sesquicentennial – Municipal Representative

Chairman Bechtel reported that Dauphin County Commissioners requested a municipal representative for the planning committee for the 150th anniversary of the Civil War. Bechtel asked Bonnie Freeman to serve as the representative and she agreed.

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HARA 2011 Budget Meeting

Chairman Bechtel noted that HARA's August meeting is a joint meeting of authority members and municipal representatives to develop the 2011 budget. Solicitor Warshawsky cautioned that if a quorum of supervisors attended, they should avoid discussions that could serve as a precursor to agency business decisions. Gary Shultz volunteered to attend.

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Old Business

Harn Nuisance – Bankruptcy Proof of Claim

Solicitor Warshawsky reported the Harns converted their Chapter 7 bankruptcy to Chapter 13, entitling the Township to submit a proof of claim for possible reimbursement of $11,177.30 owed as of May 5, 2010. Linda Stopfel motioned to have Warshawsky proceed with filing the proof of claim; carried 5:0.

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5-0 Motion to have Solicitor Warshawsky proceed with filing a proof of claim in the Harn bankruptcy court proceeding for possible reimbursement of the $11,177.30 owed to the Township as of May 5, 2010.
Moved by Linda Stopfel $11,177.3
Ken Masser's Inquiries Regarding Water Run-Off

Solicitor Warshawsky reported the DONCO-HAWASA agreement had no apparent relevance to Masser's water tower run-off issue. Chairman Bechtel noted Masser was more concerned about DONCO's proposed development impacting his property and wants those concerns addressed during final plan approval. Warshawsky noted the water authority is responsible for the current run-off since they own the property.

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Laptop for EMC

Linda Stopfel reported she was unable to find alternative funding sources, but noted laptop prices had dropped and NAS quoted approximately $650 for a suitable laptop. EMC Charlie Bisking agreed to obtain a detailed quote with needed software and hardware for next month's meeting. Bisking also reminded the board that all NIMS testing must be completed by August 30, 2010 for grant eligibility.

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Barn Clean-Up Date

Gary Shultz noted no completion date had been established for the barn clean-up. Linda Stopfel reported that Carl Dickson was waiting for cooler temperatures but committed to completing it no later than the end of October.

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Combined Clean Out of Park Rental Units

Linda Stopfel reported Carl Dickson offered to provide prisoners to clean out the two Park rental units if the Township provided a dumpster. Dale Shoop requested immediate authorization to rent a dumpster to remove carpet from the Farmhouse, noting fees were based on tonnage not duration. Stopfel motioned to approve; carried 5:0.

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5-0 Motion to provide a dumpster and allow the prisoners (provided by Carl Dickson) to clean out the 2 rental units at the Park, and to allow Dale Shoop to rent the dumpster now to remove carpet from the Farmhouse immediately.
Moved by Linda Stopfel
Park Buildings – Yeager Building Future Use

Gary Shultz noted there had been no discussion about the Yeager building since Mr. Yeager vacated it. The board agreed to have Secretary Ferguson research property management companies to handle rental responsibilities on behalf of the Township.

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Ethics Policy for Township Representatives

Gary Shultz reiterated his interest in developing an ethics policy for all Township representatives and sought board support. The board agreed to have Secretary Ferguson contact PSATS and other local municipalities to obtain sample policies for consideration.

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New Business

Ft. Halifax Park – August 4, 2010 Meeting Update with Larson Design, DCNR, and CPC

Gary Shultz reported that Alice Trowbridge from Larson Design reviewed park development plans and he was pleased with the direction. DCNR's Monica Hoffman indicated their legal counsel was still reviewing the farming question and could not comment. DCNR and CPC expressed confidence in future funding availability and willingness to assist. A public meeting is planned for early October with the date to be advertised.

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Signal at Route 147/225 – August 5, 2010 PennDOT Meeting Update

Chairman Bechtel reported on the meeting with PennDOT regarding the traffic signal at Route 147/225, which was found to be located on private property outside public right-of-way. Solicitor Warshawsky explained PennDOT originally installed the signal and indicated a condemnation proceeding under eminent domain would likely be required, with responsibility for the proceedings and restitution to be determined. PennDOT agreed this should not impede Halifax Commons' HOP approval and was reviewing its files.

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Resolution re: Anti-Township Legislation – House Bill 2431/Senate Bill 1357

Carol Eppley reported on correspondence regarding House Bill 2431 and Senate Bill 1357, which would consolidate local municipalities and/or institute county oversight. Linda Stopfel noted that the deadline to voice formal opposition by resolution had already passed.

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Kissinger Mile-a-Minute Complaint

Chairman Bechtel raised Jerry Kissinger's request from public comment for guidance on his neighbor's Mile-a-Minute plant encroaching on his property. The board decided to have Roadmaster Dale Shoop meet with Mr. Masser personally to notify him of the concern and attempt to reach an amicable resolution.

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Adjournment

Ken Hoover motioned to adjourn at 10:03 PM, seconded by Linda Stopfel; carried 5:0.

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5-0 Motion to adjourn the meeting.
Moved by Ken Hoover

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