Monthly Business Meeting

7:00 PM – 9:40 PM 8 present 13 motions

Executive session held 7:35 PM - 7:41 PM — Carolyn Nye age discrimination claim — review of draft answer to complaint and response to data and document request

The Halifax Township Board of Supervisors held its monthly business meeting on April 12, 2010, called to order at 7:00 PM. Chairman Kenneth Bechtel presided with Linda Stopfel, Carol Eppley, and Ken Hoover present; Gary Shultz was absent. The nearly three-hour meeting dealt with an active age discrimination lawsuit, growing tensions over a park tenant situation, unresolved driveway disputes, and the filling of the vacant Township Treasurer role on an interim basis.

  • Age discrimination lawsuit: Kenneth Bechtel recused himself from the Carolyn Nye matter. After a brief executive session, the remaining three supervisors voted 3–0 to authorize Solicitor Bruce Warshawsky to file the Township's answer and respond to a data and document request. Linda Stopfel and Carol Eppley were approved to attend the May 7 fact-finding conference, with attendance capped at two supervisors to avoid a Sunshine Law violation.

  • Assistant Treasurer appointment and pay: With the Treasurer position vacant, the board appointed Secretary Shanemarie Ferguson as Assistant Treasurer retroactive to March 8, 2010, at $200/week compensation. Her bonding was increased to $500,000, paid by the Township. The decision on permanently filling the Treasurer role was deferred to next month when a full board would be present.

  • Ft. Halifax Park tenant concerns: Multiple residents raised issues about the farmhouse tenancy at Ft. Halifax Park — an aggressive dog on the premises, a possible lease violation involving an unlisted resident, and whether the rental income ($400/month) justified the Township's ongoing liability and maintenance costs. Flo Mallonee and Donna Rode both urged the board to vacate the farmhouse entirely. The board directed the tenants to keep the dog leashed pending guidance from insurer EMC. Roadmaster Dale Shoop noted at meeting's end that the dog was in fact aggressive and not reliably leashed.

  • Driveway enforcement disputes: The board directed Dale Shoop, Tom Wilson, and Bruce Warshawsky to jointly investigate two unresolved driveway disputes — one involving property transferred from Pat Kauffman to John Heim, and another on Ebenezer Road — and to contact the former Township solicitor for background on the long-running Kauffman matter.

  • Cedar Shopping Centers left-turn signal tabled: The board deferred a decision on funding physical improvements for a southbound left-turn signal on Route 225, with cost estimates ranging from $2,700 (PERQS) to $5,000 (K&W Engineers). Cedar's representative noted the signal permit is the last item needed to record their development plan.

  • Source water protection and hazardous waste ordinances: Planning Commission Chairman Fred Ford briefed the board on HAWASA's 18-month effort with DEP to develop a source water protection plan. Linda Stopfel urged swift action on a companion hazardous waste ordinance, citing School Superintendent Robert Hassinger's warning that declining property values could threaten Halifax School District funding. The Planning Commission agreed to proceed with ordinance development.

  • Planning Commission appointment: Steven Sipe was appointed to fill a vacant Planning Commission seat through December 31, 2011.

  • Disbursements and investments: Annual disbursements of $4,000 to Medic 6 and $37,620 to HARA were made as budgeted. Maturing CD funds were directed to be reinvested in a 6-month PSECU CD, contingent on it offering the best available rate.

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

Loretta Prouse — Apologized for being unable to fulfill the Township's Census Liaison obligation after volunteering for the role, due to inability to complete required training.
Sharon Manning — Requested a sign indicating the end of the school zone coming into town. Also addressed a prior defamatory comment made about her and Supervisor Stopfel during a previous public comment period by Scott Corsnitz, and requested a letter of apology from the board for not curtailing such commentary. Chairman Bechtel agreed to provide a written apology.
Larry Moore — Deferred comment to later in the meeting under the Administrative agenda item.
Donna Rode — Expressed concerns about safety and traffic during the upcoming music festival at Ft. Halifax Park, referencing a traffic jam on Route 147 the prior year. Also raised concerns about a park tenant with a criminal record being present during park events and potential Township liability. Questioned the financial rationale of continuing to rent the old farmhouse at the park, noting the rental income appeared insufficient to cover maintenance costs and that rent had been reduced from $500/month to $400/month for the current tenants.
Flo Mallonee — Agreed that the farmhouse rental at the park has been more of a nuisance than a benefit. Noted that per the lease agreement only lease signers are to reside at the farmhouse, but an additional individual appeared to have been residing there. Suggested the Township vacate the farmhouse to eliminate associated liability and rent collection concerns.

Secretary Report

Approval of March 8, 2010 Meeting Minutes

Ken Hoover motioned to accept the March 8, 2010 minutes as presented. Carol Eppley seconded and the motion carried 4-0.

4-0 Accept the March 8, 2010 minutes as presented.
Moved by Ken Hoover

Treasurer Report

Approval of Paid Interim Bills and Unpaid Current Bills

Linda Stopfel motioned to pay the interim bills as presented, approved 4-0. Ken Hoover asked about a payment to Glen and Gloria Yeager, which Secretary Ferguson explained was a refund from a street light tax overcharge due to a rate misclassification. Ken Hoover then motioned to approve the unpaid bills, carried 4-0. Linda Stopfel questioned whether the Comcast cable franchise fee budget had increased; Ferguson confirmed the $40K figure was taken directly from the adopted budget generated by Dave Hoover.

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4-0 Pay the paid interim bills as presented.
Moved by Linda Stopfel
4-0 Approve paying the unpaid bills as presented, including a refund to Glen and Gloria Yeager stemming from a street light tax rate misclassification.
Moved by Ken Hoover

Planning Commission Report

Planning Commission Report — April Meeting

Fred Ford reported that Michael and James Bower presented plans for a potential outdoor wedding business; the Planning Commission determined the plan was not subject to SALDO but recommended the Bowers consult with SEO Michael Brown and PennDOT regarding sewage and driveway concerns. Ford welcomed new members Mark Reed and Randy Paul, and noted Reed reported on an outdoor lighting meeting attended March 31. The Commission also decided to wait for further information before acting on Act 24 (Appalachian Trail Act) compliance.

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Solicitor Report

Solicitor Report — Nye Discrimination Claim, Harn Nuisance, PHFA/Lenker Property

Bruce Warshawsky reported the Harn nuisance Sheriff's Sale was scheduled for May 6 at the Rutter Road residence. On Carolyn Nye's age discrimination claim, Chairman Bechtel recused himself and Carol Eppley served as acting chair; after an executive session (7:35–7:41 PM), the board voted 3-0 to file the answer to the complaint and response to the data request, and 3-0 to send Linda Stopfel and Carol Eppley to the May 7 fact-finding conference. The Armstrong Valley Fitness light complaint was resolved to the complainant's satisfaction. Regarding the PHFA/Lenker (Quail Commons) property, Warshawsky noted a discrepancy over whether parcel 29-020-001 had been approved for development and directed Dale Shoop and Tom Wilson to research the matter for a supplemental letter to PHFA.

legalpropertyplanning
3-0 Authorize Bruce Warshawsky to file both the answer to the Carolyn Nye age discrimination complaint and the response to the data and document request.
Moved by Ken Hoover
3-0 Approve Linda Stopfel and Carol Eppley to attend the Carolyn Nye fact finding conference on May 7, 2010.
Moved by Linda Stopfel

Engineer Report

Engineer Report — SALDO Flood Insurance Amendments, PennDOT Signal Permit

Tom Wilson reported that amendments to the SALDO for National Flood Insurance Program compliance had been drafted and recommended forwarding them to the Planning Commission for review. He also noted that K&W Engineers had prepared a signal permit drawing at Cedar Shopping Centers' request, submitted to PennDOT, which includes a left-turn signal for southbound Route 225.

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Roadmaster Report

Roadmaster Report — Building Permit, Driveway Disputes, Spring Clean-Up

Dale Shoop reported PennDOT placed additional signage on 322 directing tractor trailers to Route 147. A building permit for a 40'x25' barn on Camp Hebron Road was approved 4-0. Two driveway disputes—one involving property sold by Pat Kauffman to John Heim, and another on Ebenezer Road—were discussed; the board voted 4-0 to have Shoop, Tom Wilson, and Bruce Warshawsky investigate the facts and contact the former solicitor if needed. The Fire Company pipe permit request was declined due to maintenance liability concerns. Spring Clean-Up was scheduled for May 14 (7 AM–5 PM) and May 15 (7 AM–noon), with Rob Bowman collecting tires ($2–$5 disposal fee to residents) and Hazelton Oil providing free collection of used oil, antifreeze, and batteries.

roadspermitsinfrastructure
4-0 Approve the building permit for a 40'x25' barn on Camp Hebron Road, which is in compliance with setback requirements.
Moved by Carol Eppley
4-0 Have Dale Shoop, Tom Wilson, and Bruce Warshawsky work together to determine the facts surrounding the Kauffman/Heim driveway dispute and the Ebenezer Road driveway complaint, and to contact the former Solicitor if needed to ensure a full understanding of the history of the Kauffman issue.
Moved by Linda Stopfel

Administrative

Administrative Items — Collateralization, Banking Signatures, Disbursements, CD Investment, Assistant Treasurer, Park Tenant

Larry Moore of Dauphin County Parks and Recreation confirmed the July 17 Music Festival at Ft. Halifax Park, noting plans to address prior traffic issues. The board received a collateralization letter from Susquehanna Bank for Warshawsky to review regarding funds exceeding the $250K federal insurance limit. Banking signature authorization was confirmed for board members, Secretary, and Treasurer. Disbursements of $4,000 to Medic 6 and $37,620 to HARA were noted. The board voted 4-0 to invest maturing CD funds from January and MidPenn Bank into a 6-month PSECU CD. Secretary Ferguson was appointed Assistant Treasurer retroactive to March 8, 2010 at $200/week with bonding increased to $500,000, all approved 4-0; the official Treasurer appointment was deferred to next month when a full board would be present. Regarding the park tenant, the board discussed concerns about a dog at the Manning residence and directed the matter to be resolved after a meeting with insurance representative Tom Troutman, requiring the dog be kept on a leash in the interim.

budgetpersonnelparks
4-0 Place both the remaining monies from the January 16, 2010 CD and the MidPenn Bank CD monies available for reinvestment on April 27, 2010, into a 6-month CD at PSECU for the duration of the year, assuming it provides the best rate of return.
Moved by Linda Stopfel
4-0 Appoint Secretary Ferguson to serve as Assistant Treasurer, retroactive to March 8, 2010.
Moved by Carol Eppley
4-0 Approve an increase in the amount of bonding paid for by the Township to $500,000 for Shanemarie Ferguson.
Moved by Linda Stopfel $500,000
4-0 Compensate Shanemarie Ferguson in the amount of $200/week for the Assistant Treasurer's position, retroactive to March 8, 2010.
Moved by Linda Stopfel $200

Old Business

Old Business — Cedar's Left Turn Signal; Planning Commission Vacancy

Dale Pears requested the Township fund physical improvements for a southbound left-turn signal on Route 225 at Cedar Shopping Centers. Tom Wilson estimated the cost at approximately $5,000, while PERQS quoted $2,700 for the light and installation. The board tabled the decision until next month's meeting to confirm costs; Pears noted the signal plan was the last item needed for a highway occupancy permit. Steven Sipe was appointed to the remaining Planning Commission vacancy (term expiring 12/31/2011), approved 4-0.

infrastructureplanningroads
4-0 Appoint Steven Sipe to serve on the Planning Commission for the duration of the vacant term, to expire on December 31, 2011.
Moved by Ken Hoover

New Business

New Business — Liquid Fuels Resolution; Source Water Protection Plan Ordinance

The board adopted a resolution to submit future liquid fuels reports electronically, approved 4-0. Fred Ford presented HAWASA's Source Water Protection Plan, developed over 18 months with DEP to protect wells 1–4 and springs 1, 2, 3, 5, and 6, with a sample ordinance forthcoming after solicitor review. Linda Stopfel urged swift action on a hazardous waste ordinance as well, citing concerns from School Superintendent Robert Hassinger about declining property values threatening school district funding. Warshawsky recommended integrating such ordinances into the SALDO. The Planning Commission agreed to proceed with developing the hazardous waste ordinance.

ordinancesenvironmentutilities
4-0 Adopt the required liquid fuels resolution to grant approval to submit all future liquid fuels reports electronically.
Moved by Linda Stopfel

Announcements

Announcements — Upcoming Meetings, Ft. Halifax Park Festival Schedule

Municipal Building hours on April 29 would be 9 AM–12:30 PM for Secretary Ferguson's training. Upcoming meetings announced: Valley's Regional Comprehensive Plan (April 13), Ft. Halifax Park Master Site Plan Committee (April 15), Planning Commission (May 3), and BOS Monthly Meeting (May 10). Linda Stopfel announced the Ft. Halifax Park Festival: April 30 reserved for Halifax Elementary 5th graders with the Augusta Regiment, and May 1 open to the public featuring Family Circle, a French and Indian War reenactment, and the Lykens Valley Blue Grass Band.

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