Monthly Business Meeting
Summary
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.
Who was there
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)
Public comments
Meeting business
SECRETARY REPORT
Ken Hoover motioned to accept the June 14, 2010 minutes as presented. Carol Eppley seconded and the motion carried 5:0.
TREASURER REPORT
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.
PLANNING COMMISSION REPORT
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.
SOLICITOR REPORT
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.
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.
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).
ENGINEER REPORT
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.
ADMINISTRATIVE
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).
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.
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.
OLD BUSINESS
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.
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.
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).
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).
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.
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.
NEW BUSINESS
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.
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.
ANNOUNCEMENTS
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).
ADJOURNMENT
Carol Eppley motioned to adjourn the meeting at 11:58 PM. Gary Shultz seconded and the motion carried 5:0.
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