Monthly Business Meeting

7:00 PM – 11:58 PM 9 present 12 motions

The Halifax Township Board of Supervisors held its monthly business meeting on July 12, 2010, running nearly five hours — from 7:00 PM to 11:58 PM — with all five supervisors present: Chairman Kenneth Bechtel, Linda Stopfel, Carol Eppley, Ken Hoover, and Gary Shultz. The meeting was dominated by the ongoing controversy over Ft. Halifax Park, including the future of its barn and farmhouse, the possibility of resumed agricultural use, and pointed public criticism of two supervisors who had left last month's meeting during public comment. Beyond the park debate, the board took action on a road paving contract, multiple nuisance enforcement matters, and a new fire service agreement.

  • 2010 Paving Contract — $138,782 awarded to Eastern Industries. Three bids were opened; Eastern Industries submitted the lowest qualified bid and was unanimously approved over Meckley's Limestone ($144,093.78) and Handwerk ($152,285.46).
  • Fire Service Agreement executed with Halifax Fire Department. After the Fire Department confirmed satisfaction with the dissolution clause language, the board voted 5-0 to execute the ratified agreement, with a correction to the department's tax status (changed to 501(c)(4)).
  • Ft. Halifax Barn cleanup authorized — contingent on county indemnification. The board voted 5-0 to allow Carl Dickson of Dauphin County Parks and Recreation to clean out the barn at no cost to the Township, using prisoners, so a proper structural assessment can be made — but only if Dauphin County provides liability indemnification. Chairman Kenneth Bechtel and Gary Shultz both stated personal opinions favoring demolition due to cost and safety concerns, while Carol Eppley urged at least stabilizing the building.
  • Letter to DCNR on agricultural use of Ft. Halifax Park approved 3-2. The board directed Solicitor Bruce Warshawsky to send a letter exploring whether limited farming of the park property is legally permissible. Carol Eppley and Linda Stopfel voted no, with Stopfel arguing the letter could jeopardize future DCNR grant funding. Kenneth Bechtel, Gary Shultz, and Ken Hoover voted yes.
  • Nuisance enforcement escalated on two properties. The board voted unanimously to initiate formal enforcement action against Mr. Scheidler under the Nuisance Ordinance — nuisance letters dating to March 2007 have gone unaddressed — and to send a pre-nuisance letter to Mr. Lenker and Mr. Campbell regarding debris on Pawnee Lane that a neighbor claims is diverting stormwater onto his property.
  • Suit authorized against Manning for unpaid arrears. After a certified letter demanding payment by June 30 went unanswered, the board voted 5-0 to direct Solicitor Warshawsky to file suit with the District Justice and seek recovery of legal fees under the lease.
  • Dauphin County Emergency Operations Plan adopted. At the request of Emergency Management Coordinator Charlie Bisking, the board voted 5-0 to adopt the County's EOP, replacing the Township's non-NIMS-compliant plan at no cost. A request to purchase a laptop and wireless internet for the EMC was tabled pending grant research by Linda Stopfel.
  • Extensive public comment on Ft. Halifax Park. More than a dozen residents spoke, with park supporters — including Norma Shearer, Jim Eppley, Robert Blosser, and others — urging the board not to make premature decisions about the barn before the study committee completes its Master Site Plan review this fall. Several residents criticized Supervisors Stopfel and Eppley for leaving last month's meeting during park discussion. Eagle Scout Darren Mauser Jr. was thanked for donating 15 handmade benches to the park. Rudi Erb reported Powell's Creek is the healthiest stream in Dauphin County; the board agreed to have Solicitor Warshawsky draft a formal resolution supporting a DEP stream designation upgrade.

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

Corrine Gelnett — Was present at last month's meeting when Supervisors Stopfel and Eppley left during discussions of Ft. Halifax Park; suggested they resign if unable to withstand dissension.
Jeff Warfel — Present on behalf of Halifax Fire Department; stated the Fire Department reviewed the dissolution clause language in the Fire Service Agreement and was satisfied; prepared to sign off. Board elected to postpone discussion to the agenda item.
Patricia Powley — Expressed concern about the poor condition of the entrance to the recycling center near Deppin Park, stating rain creates a gully that damages her car. Argued the recycling sign is within Township boundaries and therefore Township responsibility.
Eileen Snyder — In anticipation of barn discussion at Ft. Halifax Park, asked the board to consider the potential for floodwaters to consistently require barn repairs given its location in the flood plain.
Brad Bruner — Stated it was inconsiderate of Supervisors Stopfel and Eppley to leave during Donna Rode's commentary on Ft. Halifax Park at last month's meeting; asked them to explain and apologize. Carol Eppley responded she found certain statements insulting and chose to leave rather than argue.
Flo Mallonee — Suggested it was an ideal time for the Township to shed its landlord responsibilities now that Park tenants have vacated, allowing the board to focus on Township business. Also commented on legislators tapping grant monies for political support amid public service reductions.
Dan Shearer — Noted he and his son have photographed Ft. Halifax Park festivities for two years and posted them to Flickr; over 1,200 viewings indicate public interest. Asked the board to retain the Park.
Peg Wasson — Questioned the apparent rush to demolish Park buildings; urged precautionary measures to preserve archaeological artifacts. Warned that improper demolition could result in punitive action by PHMC given the Park's historical attributes.
Norma Shearer — Concerned the board was hearing predominantly from Park opponents. Noted county, state, and national recognition of Park's historical value including the Sycamore Allee. Presented potential uses for the barn and farmhouse. Cited Carl Dickson of Dauphin County Parks and Recreation as stating the barn was worthy of restoration. Noted the study committee was proposing low-cost options.
Bob Blosser — Commented on disruptive citizen behavior at a prior meeting. Expressed support for Ft. Halifax Park and noted his involvement in a November survey showing 50% of 17032 area respondents supported Park development. Stated it was premature to decide on barn's future before the study committee completed its review. Asked the board not to be influenced solely by cost.
Jim Eppley — Reported that the Master Site Plan by Larson Design and the Ft. Halifax Park study committee would be presented to the board in the fall, followed by a public meeting, then requiring board and DCNR approval. Stated no structural analysis of the barn had been done yet, only a visual assessment. Noted Carl Dickson volunteered to clean out the barn at no charge so a proper structural determination could be made. Invited board members to the July 15th Master Site Plan field review.
Bonnie Freeman — Read letters from Arla Bowman, James Facinelli, Sue Hoffman McElhaney, Kendra Lebo, and Lauren Bitting-Ellis expressing support for Park development and preservation of its buildings.
Bill Krenz — He and his wife view Ft. Halifax Park as a tremendous community asset offering historical preservation value.
Rose Steinhauer — Jackson Township resident expressed support for Ft. Halifax Park and appreciation for those who acquired it.
David Bitting — Asked the board not to make premature decisions on the barn's future, noting demolition cannot be undone.
Darren Mauser Jr. — Noted he made 15 benches donated to the Park as part of his Eagle Scout Project, with troop participation; supplies provided at no charge by Kratzer's Hardware, Fastenall's, and Klinger Lumber. Board thanked him.
Rudi Erb — Reviewed Dauphin County's stream assessment; Powell's Creek rated healthiest stream in Dauphin County. TVC seeks DEP designation upgrade for Powell's Creek and requests letters of support from watershed municipalities. Solicitor Warshawsky suggested an adopted resolution would carry more weight than a letter; board agreed to have Solicitor draft a resolution for the next meeting.
Donna Rode — Expressed disappointment in Supervisors Stopfel and Eppley for leaving during last month's discussion of citizen findings on Park farming. Raised fiscal responsibility concerns about Park development involving taxpayer monies. Condemned the former board's handling of Park acquisition and treatment of former Secretary Carolyn Nye. Suggested residents feel Stopfel and Eppley do not represent their interests.
Melinda Warfel — Noted that in 2004, as elected Tax Collector, she surveyed residents and 86% did not want the Township personally involved with Ft. Halifax Park. Offered to conduct another poll. Supervisor Stopfel accused her of voicing criticisms while soliciting responses, calling it a misuse of her elected position.
Jerry Kissinger — Presented Solicitor Warshawsky with a photograph of a vehicle on a neighbor's property, asking if it qualified as abandoned or junk under the Nuisance Ordinance. Solicitor noted further investigation was required. Kissinger asked that his complaint be noted and researched.
Jim Long Jr. — While pulling a loaded straw wagon on Matamoras Road, a 40-foot overhanging branch flipped onto his wagon. Asked the board to address hazardous overhanging branches on Township roads.

SECRETARY REPORT

Approval of June 14, 2010 Minutes

Ken Hoover motioned to accept the June 14, 2010 minutes as presented. Carol Eppley seconded and the motion carried 5:0.

planning
5-0 Accept the June 14, 2010 minutes as presented.
Moved by Ken Hoover

TREASURER REPORT

Approval of Paid Interim Bills and Unpaid Current Bills

Carol Eppley motioned to approve the paid interim bills as presented, seconded by Gary Shultz (carried 5:0). Carol Eppley then motioned to approve the unpaid bills as presented, seconded by Ken Hoover (carried 5:0). The June 2010 financial reports were also presented for board review.

budget
5-0 Approve the paid interim bills as presented.
Moved by Carol Eppley
5-0 Approve the unpaid bills as presented.
Moved by Carol Eppley

PLANNING COMMISSION REPORT

Planning Commission Report — Act 23, Deppen Sketch Plan, SALDO Review

PC Chairman Fred Ford reported that Tri-County Regional Planning would take no further action on Act 23 (Appalachian Trail Act) until advised by the State, so the Planning Commission tabled the item. The Deppen Sketch Plan was presented and reviewed for feasibility. The Planning Commission had begun reviewing SALDO Sections 1, 2, and 3 and would continue with Chapter 4 in August.

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SOLICITOR REPORT

Litigation Updates — Tobias v. Halifax Township; DONCO/Lenker v. Halifax Township

Solicitor Bruce Warshawsky reported that Mr. Tobias rejected the proposed resolution following the June 21st meeting, and a trial date would be scheduled soon. The DONCO Construction/Lenker matter requires additional research by Tom Wilson and Warshawsky, to be discussed further in Executive Session before the August 9th meeting.

legal
RRMHP Outstanding Plan Fees — Collection Letter Authorized

Solicitor Warshawsky reported that $5,317.20 in engineering and legal fees for River Ridge Mobile Home Park remained outstanding. Secretary Ferguson had resolved billing issues with Mr. Bistline, who agreed to pay but had not done so months later. The board authorized Warshawsky to issue a collection letter requiring payment in full by next month's meeting.

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Execution of Fire Service Agreement with Halifax Fire Department

Jeff Warfel of Halifax Fire Department confirmed the department was satisfied with the dissolution clause language. The Fire Department's tax status was corrected to 501(c)(4) in the agreement. Both parties signed, and Linda Stopfel motioned to execute the ratified agreement, seconded by Carol Eppley (carried 5:0).

legalpublic-safety
5-0 Execute the ratified Fire Service Agreement with Halifax Fire Department (with Fire Department tax status amended to 501c(4)).
Moved by Linda Stopfel

ENGINEER REPORT

Act 167 Stormwater Management Ordinance Compliance — SALDO Amendments Authorized

Tom Wilson of K&W Engineers reported that DEP correspondence requires each Dauphin County municipality to adopt a stormwater management ordinance compliant with the County's Act 167 plan by December 25, 2010. The board authorized Wilson to prepare the necessary SALDO amendments. Solicitor Warshawsky indicated no formal board action was required at this time.

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ADMINISTRATIVE

Adoption of Dauphin County Emergency Operations Plan (EOP)

EMC Charlie Bisking asked the board to adopt Dauphin County's Emergency Operations Plan, noting the Township's current EOP is not NIMS compliant and that the County would handle all plan updates at no charge. Linda Stopfel motioned to adopt, seconded by Carol Eppley (carried 5:0).

emergency-services
5-0 Adopt Dauphin County's Emergency Operation Plan (EOP) as suggested by EMC Charlie Bisking, as the Township's current EOP is not NIMS compliant.
Moved by Linda Stopfel
EMC Laptop, Printer, and Wireless Internet — Tabled Pending Grant Research

Charlie Bisking requested a laptop, printer, and wireless internet service to access NIMS files for his EMC responsibilities. Linda Stopfel asked that the discussion be tabled until next month to allow her to research potential grants for the purchase, and the board agreed.

emergency-servicesbudget
Meeting Packet Contents, Copier Trial, Employee Reviews, Grant Writing, Park Walk

Secretary Ferguson noted requests to restore the Solicitor's and Engineer's reports to meeting packets; the board agreed she should include them when feasible. Ferguson will schedule a 2-week no-obligation trial of proposed copier units before any purchase decision. Gary Shultz proposed semi-annual employee reviews; Ferguson was asked to research performance measurement tools. Linda Stopfel agreed to work with Ferguson to transition grant writing responsibilities and noted a large grant with a September 1, 2010 deadline. Chairman Bechtel confirmed the July 15th Master Site Plan park walk was open to all supervisors, with Solicitor Warshawsky cautioning against deliberation of Township business in the presence of a quorum.

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OLD BUSINESS

Ft. Halifax Barn — Authorize Carl Dickson Cleanup Contingent on County Indemnification

The board discussed the condition and future of the Ft. Halifax Park barn at length. Gary Shultz and Chairman Bechtel expressed personal opinions favoring demolition due to cost and safety concerns, while Carol Eppley suggested at least stabilizing the building. Linda Stopfel motioned to allow Carl Dickson (Dauphin County Parks and Recreation Director) to clean out the barn at no cost using prisoners, contingent on Dauphin County providing indemnification to protect the Township from liability. Carol Eppley seconded and the motion carried 5:0.

fort-halifaxparkslegal
5-0 Allow Carl Dickson to proceed with the barn cleanup at no cost to the Township, provided that the County is able to assure that the Township will be free from any liability in the event of an injury during the cleanup.
Moved by Linda Stopfel
Ft. Halifax Park Use — Placement of Picnic Tables and Donated Benches

Linda Stopfel suggested placing the Township's picnic tables and benches donated by Eagle Scout Darren Mauser Jr. throughout the park to encourage recreational use. Due to the railroad crossing being restricted to farm use, tables and benches would be placed on the right side of the park. Stopfel noted she could likely secure porta-potties at no charge, though Chairman Bechtel expressed concerns about vandalism.

fort-halifaxparksrecreation
Pawnee Lane / Baer Complaint — Pre-Nuisance Letter to Lenker and Campbell

Mr. Baer returned to argue that debris on the Lenker and Campbell properties diverts additional water run-off onto his property, despite the Township's earlier assessment suggesting otherwise. Tom Wilson acknowledged his initial assessment was brief and did not include a topographic survey. Gary Shultz confirmed after a site visit that the debris appeared to divert run-off onto Baer's property. Gary Shultz motioned for Solicitor Warshawsky to send a pre-nuisance letter to both Mr. Lenker and Mr. Campbell, seconded by Carol Eppley (carried 5:0).

stormwaterpropertylegal
5-0 Direct Solicitor Warshawsky to send a pre-nuisance letter to both Mr. Lenker and Mr. Campbell asking that they address the issues caused by the debris on Pawnee Lane.
Moved by Gary Shultz
Scheidler Nuisance — Initiate Enforcement Action

Solicitor Warshawsky reported minimal cleanup progress at Mr. Scheidler's property since the original nuisance letter in March 2007, with no noticeable effort since the November 6, 2009 letter. Roadmaster Dale Shoop was unable to take current photos due to semi-trailers and dogs blocking access. Linda Stopfel motioned to have Warshawsky initiate enforcement actions under the Nuisance Ordinance, seconded by Gary Shultz (carried 5:0).

propertylegal
5-0 Have Solicitor Warshawsky initiate enforcement actions against Mr. Scheidler under the Nuisance Ordinance.
Moved by Linda Stopfel
Manning's Arrears — Authorize Suit with District Justice

Solicitor Warshawsky reported that the Manning's received the arrears payment letter (per return receipt) but provided no response by the June 30th deadline. Gary Shultz motioned for Warshawsky to file suit with the District Justice to pursue reimbursement including recovery of legal fees under the lease. Ken Hoover seconded and the motion carried 5:0.

legalproperty
5-0 Direct Solicitor Warshawsky to pursue reimbursement from the Mannings via a suit filed with the District Justice, including recovery of legal fees under the lease.
Moved by Gary Shultz
Response to Ken Masser Water Run-Off Inquiries — Site Meeting Planned

Solicitor Warshawsky raised the need to address Mr. Masser's water run-off inquiries from a prior meeting. Linda Stopfel asked to table the item, noting the board was not yet prepared to respond adequately. Chairman Bechtel reported he had spoken with Masser and informed him the Township was still gathering information. Warshawsky recommended a site meeting; Bechtel and Dale Shoop agreed to meet with Masser, and Fred Ford (Water Authority Chairman) was also recommended to attend since the Water Authority owns the corresponding roadway.

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NEW BUSINESS

Farmhouse at Ft. Halifax Park — Condition Assessment and Future Use Discussion

Linda Stopfel reported that she, her husband, and Roadmaster Dale Shoop toured the farmhouse and found it needed minor work including carpet removal, flooring replacement, and painting. She suggested either renting it for income or finding someone to mow and make repairs rent-free. Gary Shultz opposed resuming landlord responsibilities, preferring income through farming the land. Chairman Bechtel expressed concerns about tenant quality given the public location. No action was taken.

fort-halifaxparksproperty
Ft. Halifax Park Agricultural Use — Letter to DCNR Authorized

Solicitor Warshawsky drafted a letter to DCNR requesting exploration of limited agricultural use of the park, noting he found nothing in the law, regulations, conservation easement, or deed that would absolutely prohibit it. Carol Eppley requested removal of language calling the park an eyesore. Linda Stopfel opposed sending the letter, warning it could jeopardize future DCNR funding. Gary Shultz motioned to send the letter with the eyesore reference removed, seconded by Ken Hoover; the motion carried 3:2 with Carol Eppley and Linda Stopfel opposed. Gary Shultz and Linda Stopfel were designated to attend a tentatively scheduled August 4th meeting with Alice Trowbridge from Larson Design.

fort-halifaxparkslegal
3-2 Direct Solicitor Warshawsky to proceed with the letter to DCNR outlining the Township's position regarding agricultural use of Ft. Halifax Park, with the omission of the sentence suggesting the Park is an eyesore.
Moved by Gary Shultz

ANNOUNCEMENTS

2010 Paving Project — Award to Eastern Industries

Three bids were opened: Meckley's Limestone at $144,093.78, Handwerk at $152,285.46, and Eastern Industries at $138,782.00. Roadmaster Dale Shoop confirmed Eastern Industries submitted the lowest qualified bid. Gary Shultz motioned to accept their bid, seconded by Linda Stopfel (carried 5:0).

roadscontracts
5-0 Accept Eastern Industries' bid for the 2010 Paving Project as presented (lowest qualified bid at $138,782.00).
Moved by Gary Shultz $138,782

ADJOURNMENT

Adjournment

Carol Eppley motioned to adjourn the meeting at 11:58 PM. Gary Shultz seconded and the motion carried 5:0.

5-0 Adjourn the meeting.
Moved by Carol Eppley

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