WAYNE TOWNSHIP MEETING
DECEMBER 19, 2011
The Wayne Township Board of Supervisors held their regular monthly meeting on December 19, 2011 at 7:00 p.m. at the Wayne Township Municipal Building, with David Calhoun, Thomas Chitwood and James Maguire present.
Those also in attendance: Carolyn Hanna, John and Cindy Nolte, Craig and Becky Levi, Rod Stabley, Marion Spong, Robin Condo, Robert A. Johnson, Russell Johnson, Marci Orndorf of the Wayne Township Landfill, Steve Simcox, Lorraine and Rodney Shemory, Doris Fritz, Don White, Gary and Mary Myers, Kathy Dershem, Chief David Winkleman, Ricky Gardner, Ardell Gardner, Arnold Coleman, Zoning Officer Gary Smith, and Paul Welch, Esq.
Supervisor Maguire made a motion to approve the minutes from the November 21, 2011 meeting as submitted, seconded by Supervisor Chitwood; the minutes were unanimously approved.
Supervisor Maguire made a motion to approve the Treasurer’s Report as submitted, seconded by Supervisor Chitwood; the Treasurer’s Report was unanimously approved.
Police Report:
Police Chief Dave Winkelman gave the police report for November which included a total of 21 citations issued; 6 motorist assists; 15 verbal warnings; 1 criminal mischief; 1 harassment; 2 hearings; 9 warrants; 5 thefts; 3 domestic; 1 drug incident; etc. Officers worked 101.50 hours during the month.
Chief Winkleman reported that Operation Christmas is ongoing and to date they have purchased gifts for 30 children within the police department’s coverage area and he looks for the program to continue next year. He said the response from businesses making donations has been very good.
Chief Winkleman asked the Township to consider financing the purchase of a new police car in January of 2012 for the Pine Creek Township Police Department. He will provide the financial information on the car to the Board in January.
Engineer’s Report:
Dennis Norman, P.E. reported that Kevin Riggle has been hired to install curbing along the Wolfe property on Shoemaker Road and Mr. Riggle assured him he would complete the curbing project.
Dennis Norman, P.E., presented a letter for request for dedication of streets and roads in Linnippi Village to the Supervisors and noted that those items identified in his inspection report of April 22, 2009 have been completed. The letter further names the streets to be dedicated: Cochise Trail, Geronimo Trail, Hiawatha Trail, Linnippi Trail, Pocohontas Trail and Pocohontas Trail West. According to Dennis the road to the Water Filtration Plant and Iroquois Trail are not being dedicated at this time. He also noted that there are stormwater easements for the outfall of the storm sewer system contained within individual deeds of Linnippi Village and these easements should also be dedicated to the Township.
The Pennsylvania Municipalities Planning Code has provisions to insure the integrity of improvements made by the developer for up to 18 months after acceptance of the roads (i.e. sealing cracks of roads, curbing, etc.) and Dennis noted there are a couple of places where the asphalt curbing may need to be replaced and recommended that the Township enter into such an agreement with the Developers.
Attorney Welch suggested that the Supervisors meet with the Developers to determine what would need to be included in the agreement and said there will need to be a Deed of Dedication prepared for the roads and a Deed of Dedication for the storm water easements. The Supervisors agreed to provide the information to Attorney Welch to prepare the Agreement and the Deed(s) of Dedication after meeting with the Developers.
Tom Charles told the Supervisors that he and Dennis Charles would like to donate a piece of land that is between three and five acres near the entrance of Linnippi Village to the Township.
A discussion was held about the weight limits for the roads in Linnippi Village and it was the consensus of the Board that the Township’s Weight Limit Ordinance would also need to be updated to include weight limits for the roads in Linnippi Village.
Dennis Norman, P.E., also presented a letter of resignation from his position as Township Engineer along with a list of unfinished projects and offered to complete the ongoing projects.
Supervisor Maguire made a motion to accept the resignation of Dennis Norman, P.E., with regret and to have Mr. Norman complete the ongoing projects; the motion was seconded by Supervisor Chitwood.
Kathy Dershem said she, as an incoming Supervisor, would like to look at the list of incomplete projects and help determine whether it would be in the Township’s best interest to keep Dennis on to work on the projects or to hire someone else.
Supervisor Maguire then withdrew his motion and Supervisor Chitwood withdrew his second of the motion,
Supervisor Calhoun made a motion that Dennis Norman, P.E., continue working on the curbing project along Shoemaker Road, seconded by Supervisor Chitwood, the motion was unanimously approved.
Zoning Officer Report:
Permits issued for November: PPL; Sally McGinniss; and Gary Wolfe
Recreation Committee:
Don White of the Recreation Committee requested approval to purchase a metal book case from Brodart for the Shoemaker Book Collection for $569. The book case is 22 gauge metal with lockable glass doors.
Chairman Calhoun made a motion to approve the purchase of the book case from Brodart, seconded by Supervisor Maguire, the motion was unanimously approved.
Doris Fritz spoke to the Board about meeting with Supervisor Maguire and students from Lock Haven University and they walked the Nature Park property and they have come up with “a vision” for the 20 acres. On December 9th the students made a presentation for the Nature Park as part of their Senior Project which included a rustic township building, museum and visitor’s center set back in the wooded area of the property.
The LHU students had met with them four or five times in the past on Zindel Park as part of a Senior Project and Doris said the Recreation Committee would like the LHU students to continue to be involved in the development of Zindel Park.
Supervisor Maguire added that the LHU Student’s Senior Project includes 50 hours of labor working “hands-on”, so in essence the Township would be helping them help us. According to Supervisor Maguire, “When we went into the project with them we asked that they look at all possibilities, we did not set any limitations, and they did a wonderful job.”
Doris Fritz also reported that Christine Bierly of the History Club, which meets the first Monday of every month, wrote a book on McElhattan covering the 1700’s to the present. Ms. Bierly is selling the book for $20 and if anyone is interested in purchasing a book they will be available for sale at the History Club meetings.
Public Participation:
Rodney Shemory asked the Supervisors for a copy of the cease and desist order issued to the Macklems. Attorney Welch advised him he must make his request to the Right to Know Officer who is Darlene Macklem and if that is a problem for her, she will ask the Supervisors for guidance. Attorney Welch added that he is not aware of a cease and desist order being issued, adding that if there was such an order, he would have to research the matter to determine if Mr. Shemory would be entitled to receive a copy under the Right to Know Law.
Gary Myers complained about the glare of the lights from the parking lot beside the Restless Oaks Restaurant when exiting from Rte. 220. He also complained of fabrication taking place on that site which is only to be used for storage and parking.
Zoning Officer Smith said he visited the site and spoke to the occupants about adjusting the lights. Officer Winkleman also made several visits to the site due to complaints about the lighting and said the occupants were very cooperative about readjusting the lights.
Kathy Dershem asked what all is going on at the property and it seems like there are three businesses using the property.
Supervisor Maguire said there are three businesses utilizing the property for parking and storing equipment.
Zoning Officer Smith said he spoke with the Township Solicitor and there is no limit to the number of companies that may use the lot. He also reported that they have submitted a permit application but a permit has not yet been issued for the lot.
Attorney Welch agreed that the Zoning Ordinance does not prohibit more than one permitted use on a property at one time.
Kathy Dershem asked what the issue is with the Macklem property and if it was the same as before.
Attorney Welch advised her it is a civil matter between property owners and he has advised the Supervisors not to comment on the matter.
Rodney Shemory asked how long a violation can occur.
Attorney Welch said there is no specific time limit and it would depend on the circumstances of the situation. Whoever may be addressing the issue, (i.e. police officer, sewage officer or zoning officer), the investigating officer is required to handle the situation in a prompt and thorough manner.
Mary Myers complained that the property next to the Restless Oaks was approved for off street parking and there is outside storage and pipe threading taking place on the property, and that was not included in the approval and she requested the Township to look into the matter.
Zoning Officer Smith said it is being investigated and he is reviewing the matter with the Township Solicitor.
Craig Levi said they should be made to organize and clean up the site. He also complained of drivers pulling out from the lot are not stopping before entering onto the highway.
Becky Levi asked what the property on the other side of the Restless Oaks is going to be used for.
Supervisor Maguire said the property is being cleaned up and may eventually be used for a parking/storage lot.
Mary Myers complained that Guardian, who is leasing a building on Fritz Road, is supposed to be storing the pipes behind the building and was not following the conditions of the Written Decision issued by the Zoning Hearing Board for the property. She said she spoke with Frank Miceli, Solicitor for the Zoning Hearing Board and was told they could have another hearing on the matter.
Supervisors Maguire invited Mrs. Myers to go with him to the site to see what it is exactly that the Company is doing at that building.
Zoning Officer Smith explained that he can only enforce the written conditions imposed by the Zoning Hearing Board and anything that was discussed during the hearing would not be enforceable.
Township Solicitor Welch agreed with the Zoning Officer saying that as a result of the testimony during a public hearing, conditions were placed on the property and only those conditions can be enforced. Anything discussed during the hearing cannot be enforced unless it was made into a condition.
Attorney Welch suggested to Mrs. Myers that she file a written complaint relative to any violations of the Zoning Ordinance or relative to the conditions of the Zoning Hearing that she believes may be occurring at the site.
Rod Shemory asked when there is a zoning violation if someone has to file a complaint for the Zoning Officer to take action.
Attorney Welch said yes and he would strongly urge residents to file a written complaint with the Zoning Officer when there is a violation of the Zoning Ordinance or conditions of a Zoning Hearing.
Steve Simcox complained that he filed a complaint with the Zoning Officer a month and a half ago and has not yet received a response from the Zoning Officer.
Chairman Calhoun called an executive session on a legal matter at 7:55 p.m. and the regular meeting was called back to order at 8:10 p.m.
Old Business:
Conditional Use Application H20 Express, LLC
Attorney Welch explained for the record, that a public hearing was held November 21, 2011 to take testimony and public comments from the public and from the applicant on the Conditional Use Application of H20 Express, LLC. He indicated that the Wayne Township Zoning Ordinance requires that the Board of Supervisors make a determination relative to the Conditional Use within 45 days from the public hearing. If they do not do that, the application is deemed approved and there would not be any conditions placed on the use.
Attorney Welch said, “Just so the public understand, we are not here to debate the issue. This is a process of adjudication by the Supervisors. The Supervisors are here to make their findings and will not be taking comments from the public or applicant at this time.”
The Supervisors then proposed, voted on and adopted the following conditions:
1. Placement by owner or applicant of a Stop Sign at the intersection of Johnson Lane and Shoemaker Road with said stop sign to be located on Johnson Lane (unanimous vote).
2. The stoned parking area referred to in the application shall be away from Cobbs Creek and on the Southwest corner of the real estate in question, per the drawing attached to Exhibit No. 1, said drawing being incorporated herein by reference (unanimous vote).
3. No vehicles, containing hazardous materials, shall be operated or parked on the premises (unanimous vote).
4. Bonding of Shoemaker Road, per PennDOT specifications, for .7 miles (i.e., between State Route 2012 and Johnson Lane) with proof of said bonding to be provided to the Township by applicant (2 to 1 vote, James Maguire dissenting).
5. Placement by owner or applicant of a sign located at the intersection of Shoemaker Road and Johnson Lane, on Johnson Lane, indicating that all truck traffic must turn left (2 to 1 vote with James Maguire dissenting).
6. Hours of operation for the facility are to be:
a. Monday through Friday from 6:00 a.m. to 8:00 p.m., with
the exception of emergency call outs;
b. On Saturdays from 6:00 a.m. to 6:00 p.m., with the exception
of emergency call outs;
c. No operations on Sunday, except for emergency call outs.
(2 to 1 vote, James Maguire dissenting).
7. In all other respects, H2O Express, LLC and Owner shall comply with all Federal, State, and local statutes, ordinances and regulations which affect the Use in question (unanimous vote).
The Board determined, via unanimous vote, to have the Solicitor issue a Written Opinion in support of its decision.
Earned Income Tax Ordinance 12.19.2011
Supervisor Maguire made a motion to adopt Ordinance 12.19.2011 as mandated by State Law for the collection of Earned Income Taxes. The motion was seconded by Supervisor Chitwood and was unanimously approved.
Jake-Brake Restrictions
Supervisor Maguire reported that he spoke with Julie Brennan of Senator Wozniak’s Office and he is waiting for her to get back to him with the criteria for restricting the use of Jake Brakes.
UCC Opt-In
Supervisor Maguire reported that Rick Vilello has submitted a letter regarding appointment as the Township’s Building Code Officer, as required for the Township to opt in to the state’s Uniform Construction Code.
Supervisor Maguire also reported that Terry Condo, Bill Kellander and Jim Russo submitted letters requesting appointment to the Board of Appeals and Trisha Gibbons Marty submitted a letter requesting appointment as the alternate on the Board of Appeals; stating that the Appeals Board is also required for the Township to opt in to the state’s Uniform Construction Code.
The Board of Supervisors requested Attorney Welch to prepare an ordinance providing for the Township to Opt-In to the UCC for consideration at the February 20, 2012 township meeting.
New Business:
2012 Budget:
Supervisor Maguire made a motion to approve the 2012 Budget as submitted, seconded by Supervisor Chitwood; the 2012 Budget was unanimously approved.
Tax Levy Resolution 12.19.11
Supervisors Maguire made a motion to adopt Tax Levy Resolution 12.19.11 setting the real estate tax rate at zero. The motion was seconded by Supervisor Chitwood and was unanimously approved.
2012 Reorganization Meeting
Supervisor Maguire made a motion to schedule the 2012 Reorganization Meeting for January 3, 2012 at 7:00 pm with the regular monthly meeting to follow the Reorganization Meeting.
A discussion was held about scheduling a township meeting for the third Monday in January of 2012.
Supervisor Calhoun then seconded the motion made by Supervisor Maguire and it was unanimously approved.
McGhee Subdivision
The Supervisors reviewed the McGhee Subdivision for property located along the Pine Mountain Road. The subdivision creates two lots, Lot No. 1 being the residual lot, contains 117.75 acres, and Lot No. 2 contains two acres of land and a home. The Sewer Planning Module Waiver was also submitted with the subdivision and there is a non-building waiver on the subdivision plan pertaining to Lot No. 1.
Supervisor Maguire made a motion to approve the McGhee Subdivision as presented, seconded by Supervisor Chitwood, the subdivision was unanimously approved.
Wayne Township Landfill Preliminary Land Development Plan
McTish, Kunkle & Associates presented preliminary land development plans on behalf of the Wayne Township Landfill for an administration building with parking lot for employees (70-75 parking spaces) and a gravel parking area for storage of landfill trucks. The plans also change the access road to the landfill.
There will be a sloped fill area that will be approximately 50 ft. away from McElhattan drive which will be 13 – 14 ft. at its highest point and it will have a 3 to 1 slope. The area in front of the sloped wall will be heavily landscaped and will include trees.
The administration building will have an “all natural” look with wood and stone on the exterior of the single story building which will be between 11,000 and 12,000 sq. ft. in size.
It is expected that there will not be an increase in the daily tonnage or truck traffic to the landfill.
Kathy Dershem asked if the plans call for sidewalks along McElhattan Drive.
There are no plans for sidewalks at this time but there is room to install sidewalks in the future.
Robin Condo commented that residents do not want to see the landfill trucks from McElhattan Drive and are concerned about an increase in noise.
Rod Shemory asked if the Township Engineer would be involved during project construction and was advised that the Township’s Engineer would be involved with the project.
The plans also allow for use of the rail spur to haul waste to the landfill.
Stormwater will be diverted to the wetland area and will not go beyond the railroad.
Township Board/Committee Vacancies
The Supervisors discussed vacancies on the Landfill Advisory Committee, Vacancy Board and Zoning Hearing Board.
The purpose of the Vacancy Board was discussed and Attorney Welch explained that the Vacancy Board acts should one of the Supervisors on the Board resign and if the remaining members of the Board cannot reach a decision as to a replacement, then it is referred to the Vacancy Board. If the Supervisors and Vacancy Board are unable to come to an agreement then a petition would be filed with the Court of Common Pleas to name a replacement.
It was the consensus of the Board to advertise the Committee/Board vacancies.
A discussion was held with regard to making the current part-time Township Employees
full-time. The matter was tabled to the January meeting.
Supervisor Maguire made a motion to approve the invoices as submitted; the motion was seconded by Supervisor Chitwood and was unanimously approved.
Supervisor Maguire thanked Supervisor Chitwood for his time serving as a Township Supervisor.
The meeting was adjourned at 9:45 pm.
Darlene S. Macklem, Secretary
