Monthly Business Meeting
Executive session held 6:00 PM - 6:45 PM — litigation matters
Summary
The Halifax Township Board of Supervisors held its monthly business meeting on May 10, 2010, with all five supervisors present: Chairman Kenneth Bechtel, Linda Stopfel, Carol Eppley, Ken Hoover, and Gary Shultz. The board convened at 7:00 PM following an executive session on litigation matters and did not adjourn until 10:20 PM. The lengthy meeting was dominated by stormwater disputes tied to the Lenker Estates development, a split vote on filling the township treasurer position, and several infrastructure and enforcement decisions.
Shanemarie Ferguson appointed Township Treasurer at $150/week (3-1-1 vote): The board officially appointed Ferguson, already serving as Township Secretary, to the vacant Treasurer position. Carol Eppley and Linda Stopfel argued Ferguson had proven herself capable; Gary Shultz voted no, preferring to advertise the vacancy for transparency, and Kenneth Bechtel abstained, noting he was uncomfortable voting without a specific salary figure until $150/week was proposed. Resident Donna Rode also urged advertising the position for consistency.
New backhoe purchased for $67,999: The board unanimously approved buying a John Deere 310 backhoe from Plasterer Equipment Company through the state Co-Star program, which exempted the purchase from competitive bidding. The price included trade-in of the existing backhoe, which Roadmaster Dale Shoop had flagged as a safety hazard. Funding came from the general fund, with Comcast franchise fees ($9,663 already earmarked for capital improvements) available to offset the cost.
Left-turn signal at Parmer Drive/Route 225 — $2,700: After repeated advocacy from resident Flo Mallonee, the board voted 5-0 to co-partner with Cedars Shopping Center on installing a southbound left-turn signal. Cedars will cover engineering and permit fees; the township will reimburse $2,700 for the signal head and installation after PennDOT approval. Linda Stopfel noted for the record that PennDOT had deemed the signal unwarranted and raised concerns about northbound traffic delays.
Lenker Estates stormwater concerns raised by multiple residents: Michael Sweigard argued the development plan improperly routes stormwater onto his property via what he says is an old road, not a natural water course, and warned he would hold supervisors accountable if the plan is approved without requiring Lenker to secure an easement under SALDO Section 507.6.y. Kenneth Masser described nine years of tolerating runoff from Lenker's water tank and access road and asked who would be responsible for additional runoff from the proposed development.
Baer drainage complaint on Pawnee Lane: Michael Baer reported 4-5 basement floods and 10 yard floods since 2002, blaming debris on Lenker property and sheet flow from behind a nearby apartment complex. The board directed Roadmaster Shoop to investigate the debris for a possible nuisance violation, while Solicitor Bruce Warshawsky advised Baer to hire an engineer to determine whether his private pipe and inlet are undersized — noting the township would share responsibility if its own pipe or connection is found to be substandard.
Harn nuisance violation notice (5-0): After the Harns' May 5 bankruptcy filing stayed a scheduled sheriff sale and likely extinguished the township's ability to collect outstanding cleanup fees, the board voted to send a new post-bankruptcy notice citing continued violation of the nuisance ordinance.
Manning dog leash requirement (5-0): Despite the township insurer's recommendation to permanently remove the Mannings' pit bull from park property, the board settled on requiring the dog be leashed at all times and voted to send formal written notice. Carol Eppley raised concerns about inconsistent application of park rules, but Solicitor Warshawsky confirmed the township's authority under the lease agreement.
Fire Services Agreement deferred: Volunteer Charlie Bisking requested changes to the dissolution language to match the Fire Department's bylaws. Solicitor Warshawsky agreed to revise the contract for approval at the June meeting, with the July 1 effective date posing no concern.
Who was there
Kenneth Bechtel (Chairman) · Linda Stopfel (Supervisor) · Carol Eppley (Supervisor) · Ken Hoover (Supervisor) · Gary Shultz (Supervisor) · Tom Wilson (Engineer) · Bruce Warshawsky (Solicitor) · Shanemarie Ferguson (Secretary)
Public comments
Meeting business
Secretary Report
Ken Hoover motioned to accept the April 12, 2010 minutes as presented. Carol Eppley seconded and the motion carried 5:0.
Treasurer Report
Gary Shultz motioned to approve the paid interim bills (carried 5:0). Ken Hoover inquired about the annual web-hosting fee to Ender's Technology; Shanemarie Ferguson clarified it was in addition to the monthly maintenance fee. Ken Hoover then motioned to approve the unpaid bills (carried 5:0). The April 2010 financial reports were presented, including a new Capital Improvements Fund account on the Balance Sheet to earmark future Comcast Franchise Fees for capital improvements as decided at the March 8, 2010 meeting.
Planning Commission Report
Fred Ford reported that new member Steven Sipe was welcomed at the May 3, 2010 meeting. Ford and Mark Reed attended a Dauphin County outreach meeting on floodplain ordinance compliance with FEMA guidelines. The Planning Commission found that hazardous waste regulation appears to fall under federal and state jurisdiction (EPA and DEP) and needs further guidance before proceeding. Ford stated the Bowers' proposed wedding tent facility likely does not constitute a subdivision or land development under the SALDO, though Bruce Warshawsky noted pending discussions with PennDOT and the sewage enforcement officer could result in a plan submittal. The Commission is also awaiting further information on Act 23 of 2009 (Appalachian Trail Act) before developing compliance measures.
Solicitor Report
Bruce Warshawsky reviewed several matters: In Tobias v. Halifax Township, counsel recommended no further action pending correspondence from Tobias' attorney. The Harn sheriff sale was stayed due to bankruptcy filing on May 5; Gary Shultz motioned to send a post-bankruptcy nuisance violation notice (carried 5:0). The Casner judicial sale was scheduled for May 17. On the DONCO/Lenker development, Lenker agreed to address some stormwater issues by May 19. Regarding the Manning lease, the board voted 5:0 to send formal correspondence requiring the pit bull be kept on a leash at all times. Linda Stopfel motioned to appoint Shanemarie Ferguson as Township Treasurer at $150/week; the vote carried 3:1:1 with Gary Shultz objecting and Ken Bechtel abstaining. The Fire Service Agreement was deferred to next month for language revisions requested by Charlie Bisking. Warshawsky confirmed Susquehanna Bank's collateralization was sufficient, and the board agreed to request semiannual notices of collateral.
Engineer Report
Tom Wilson reviewed engineering services provided from March 27 to April 30, 2010, covering FEMA map revisions and floodplain ordinance development, the PennDOT permit application for the Halifax Commons traffic signal, and review of Accu-Mold Tool's amended As-Built Plan. No board action was required.
Roadmaster Report
In Dale Shoop's absence, Ken Bechtel reviewed his report. On the Fuhrman Drive/Kauffman-Heim driveway issue, Bruce Warshawsky explained the board could enforce the current owner (Heim) to install the driveway per the subdivision plan, but PennDOT appears reluctant to reissue the HOP; the board agreed to have Dale meet with Heim to discuss options. On the Ebenezer Road/Hableib issue, it was determined to be a private matter with no Township enforcement action needed. Gary Shultz motioned to purchase a new John Deere 310 backhoe from Plasterer Equipment Company for $67,999 (including trade-in) through the Co-Star program, using general fund monies; the vote carried 5:0.
Administrative
The board placed $210,713.04 from matured CDs into a Money Market account at Susquehanna Bank at 1.5% APR after the Township did not qualify for a PSECU CD. The board tabled a contribution for the family of longtime employee Raymond Maus, whose wife Jennie passed away. Shanemarie Ferguson reported on difficulty collecting outstanding solicitor/engineering fees from plan applicants; Bruce Warshawsky advised the board to stop actively pursuing collections without writing off the debts, and the board agreed. Gary Shultz raised the issue of farming Park property to offset maintenance costs; DCNR had refused prior requests, and Donna Rode volunteered to organize a citizens committee to research remedies. The board discussed an unauthorized ATV race track discovered on Park property and decided to have Dale contact state police. Gary Shultz requested the full board meet with Larson Design regarding Park building development plans; Carol Eppley clarified that buildings were not part of the Master Site Plan grant.
Old Business
The board agreed to co-partner with Cedars Shopping Center on installing a southbound left-turn signal onto Parmer Drive. Dale Pears of Cedars offered to pay engineering and permit fees and oversee the work; the Township's cost would be $2,700 for the signal head and installation, to be reimbursed to Cedars after PennDOT approval. Linda Stopfel noted PennDOT had deemed the signal unwarranted and expressed concern about northbound traffic delays. Ken Hoover motioned and the vote carried 5:0.
New Business
Linda Stopfel reported from the PSATS convention on House Bill 2431, which aims to eliminate local government in favor of county government; PSATS is opposing the bill. Michael and James Bower presented their proposed wedding facility plan; Tom Wilson advised they could seek a waiver for wetland delineation since no earth disturbance was proposed, recommended planning for asphalt parking to address stormwater management, and noted floodplains just need to be delineated on the plan. Michael Baer raised drainage concerns at his Pawnee Lane property, reporting 4-5 basement floods and 10 yard floods since 2002 due to debris on Lenker property and sheet flow issues. Bruce Warshawsky noted a private pipe connection may be the source and advised Baer to hire an engineer; the board directed Dale Shoop to investigate debris on Lenker property for a possible nuisance violation.
Adjournment
Linda Stopfel motioned to adjourn the meeting at 10:20 PM. Carol Eppley seconded and the vote carried 5:0.
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