WAYNE TOWNSHIP MEETING
FEBRUARY 20, 2017
The Wayne Township Board of Supervisors held a meeting on February 20, 2017 at 7:00 p.m. at the Wayne Township Municipal Building, with David W. Calhoun, James B. Maguire and Katharine M. Dershem present.
Those also in attendance: Carolyn Hanna, Robin Condo, Heather Dougherty of the Wayne Township Landfill, Carl Bathurst, Linda Calhoun, Mae Johnson, Steven Simcox, Lorraine Shemory, Don White, Peggy Fanning, Gary and Mary Myers, Russ Johnson, Ardell Gardner, Rick Gardner, Police Chief Dave Winkleman, Rod Stabley, Karis Kellander, Zoning Officer Rodney Shemory, John Segursky of Uni-Tec, and Paul D. Welch, Jr., Esquire.
Carl Bathurst – First Quality Warehouse #10 Building Noise Problem
Carl Bathurst indicated that there continues to be a noise problem coming from First Quality’s Warehouse #10 Building located behind his home. According to Mr. Bathurst he first reported the problem to the Township Supervisors at the November 21, 2015 Township meeting and the issue still has not been resolved.
He said that the Township has worked with First Quality to try to resolve the noise problem and said all he is requesting is that there be no noise or water coming onto his property from the First Quality warehouse.
Chairman Calhoun asked Mr. Bathurst to contact township officials the next time he hears the noise.
Mr. Bathurst suggested they schedule a date and time for officials to come to his property immediately because the noise can be heard on a daily basis.
Zoning Officer Shemory said he contacted Ken of First Quality at 8:00 pm one evening last week after being contacted by Mr. Bathurst about the noise and he did not receive a return telephone call from First Quality.
Chairman Calhoun said Uni-Tec has provided the Township with a noise meter to use and if the noise exceeds the allowed noise level the Township will set up a meeting with First Quality to work on resolving the problem.
Mr. Bathurst asked about the noise coming from the warehouse building every Friday at 1:00 pm that lasts for 45 minutes.
Chairman Calhoun explained that the noise is from the diesel fire pump that is required to be tested every week.
Resident Rick Gardner complained about Zoning Officer Rod Shemory moving surveyor stakes on the boundary of the Gardner and Shemory properties.
The Supervisors advised Mr. Gardner that this was not a township matter.
Lori Shemory – Noise from First Quality
Lori Shemory complained to the Supervisors about noise that is coming from First Quality that can be heard at her residence on Shoemaker Road and clarified that the noise is not coming from Warehouse Building #10; and said that First Quality has been made aware of this noise issue.
Chairman Calhoun said that the noise meter will also be used to measure the noise level at the Shemory property.
Gary Myers – Shoemaker Road Project
Gary Myers questioned the cost of the fill to be used by the contractor for the Shoemaker Road Project in that the fill dirt is now being donated to the contractor.
Solicitor Welch explained that if the contract calls for the purchase of fill dirt and if the bid documents provide that the contractor will be paying a certain amount of money for dirt and they don’t pay that amount, then the contractor should not be paid for the dirt by the Township.
Mary Myers asked if the contract should be renegotiated.
Solicitor Welch indicated that there is no point in renegotiating the contract.
Gary and Mary Myers – NPDES Plan for Fryer Tract
Gary Myers asked if the NPDES Plan for the Fryer Tract had ever been reviewed by Township Engineer John Segursky.
Township Engineer John Segursky responded that the NPDES Plan for the Fryer Tract pre-dates
Uni-Tec being hired to provide engineering services to the Township, and it is his understanding that the property owner has just been renewing the plan and that it is not a new plan.
Mr. Myers then asked whether the property owner would have to file a current plan for activities on that property including a stormwater management plan.
Mr. Segursky responded that the Clinton County Conservation District is the enforcing agency for the NPDES permit and the property owner would have to meet their requirements.
Mrs. Myers claimed to have received a copy of the plans for the property from Mary Ann Bower of the Conservation District who indicated there are no active plans on file.
Mrs. Myers said the last plan on file was for a trailer park and since then the elevation on the property has changed because of the dirt that has been dumped on the property.
The Township has been copied on all the letters from the Conservation District and Mrs. Myers claimed that they are not on file with the Township and she wants to know where those letters are.
Mrs. Myers also wanted to know why the activities are allowed to continue because there is no stormwater plan for the property as required by the Township’s zoning ordinance. She said her yard is getting flooded due to the increase in elevation on the property and even though there is an NPDES plan for the Fryer Tract, there is not a new site development plan for the property and claimed that according to the Township’s zoning ordinance a stormwater management plan is required for the property.
Mary Myers also claimed that the last E&S plan submitted to the Conservation District was for First Quality to place dirt on the property and specifically names Liberty Excavation on the plan. In addition, the NPDES permit is in the name of Big Woods Land Company but Bobby Maguire has been approved to use the permit along with a gas company out of St. Mary’s and that is the last person approved to dump on that property and others have been dumping on the property and the Township has not done anything about it and she wants to know why nothing has been done.
Mrs. Myers also provided documents she received from Clinton County Conservation District to the Board of Supervisors.
Supervisor Maguire, speaking on behalf of the property owner said that there is an NPDES in effect for the Fryer Tract.
Mary Myers agreed that there is an NPDES permit for the property but said that the Clinton County Conservation District Office has made several requests along with DEP for the property owner to submit a new plan because the elevation of the property has changed the storm water runoff from the time the initial site development plan was filed.
Supervisor Maguire said that the property owners are in compliance and he met with Mary Ann Bower from the Clinton County Conservation District and with DEP and Mary Ann came to the site and told them they did not have the required permits so he took her to his office and provided her with copies of the permits and letters he received from her office that she did not have, adding this may be due to the turnover in employees working for the Clinton County Conservation District.
Solicitor Welch explained that the Township does not have the ability to do anything about a violation of the NPDES plan requirements or DEP requirements, but said if the property owner is in violation of the stormwater management ordinance that would be something the Township would deal with.
A discussion was held regarding site development and stormwater plan requirements and Mrs. Myers indicated that she had discussed this issue with Clinton County Commissioner Jeff Snyder.
Supervisor Dershem made a motion to schedule a meeting with the Clinton County Commissioners, the Clinton County Conservation District, the Township and the property owners; seconded by Supervisor Calhoun, the motion passed with Supervisors Calhoun and Dershem voting in favor of the motion and Supervisor Maguire abstaining.
Mary Myers said that as to the stormwater management plan that is not on file with the Township for the Fryer Tract, former Zoning Officer Gary Smith spoke with Tim Holladay of the County Planning Office about the stormwater management plan for that property and Mr. Smith wrote a note regarding the stormwater management plan which is included as part of the NPDES permit and according to Mrs. Myers this could be considered as the stormwater management plan for the property.
Solicitor Welch stated that he did not agree that would be the case.
Karis Kellander – Township Playground
Resident Karis Kellander requested that new tires be placed under the see-saws at the playground and requested the grass around the pavilion and see-saw be kept cut short.
Lori Shemory – Leash Law
Lori Shemory asked if there is a “Leash Law” in Pennsylvania and complained about individuals not having their dogs on a leash while using the walking paths in the township.
According to Solicitor Welch, the law does not require that the dogs be on a leash but requires that dogs be under their owner’s control and if they do not keep the dog under their control they are in violation.
Rick Gardner – Comprehensive Plan Update
Resident Rick Gardner questioned the status of the Comprehensive Plan and Zoning Ordinance update.
Chairman Calhoun said there is a joint work session with the Planning Commission and the Supervisors scheduled for March 23, 2017 to work on the Comprehensive Plan and Zoning Ordinance.
Solicitor Welch explained that before the Township may adopt the Comprehensive Plan and the new Zoning Ordinance a public hearing must be scheduled to allow for public comment.
Board’s Approval of Meeting Minutes
Chairman Calhoun asked if there were any questions or comments on the minutes of the Reorganization Meeting held January 3, 2017, there being none, Supervisor Maguire made a motion to approve the minutes as submitted; seconded by Supervisor Dershem, MCU.
Chairman Calhoun asked if there were any questions or comments on the minutes from the January 3, 2017 regular monthly meeting. Supervisor Dershem made a request to review the minutes with regard to the Assistant Zoning Officer position as indicated in the January 3rd meeting minutes and then made a motion to approve the minutes as presented; seconded by Supervisor Maguire, MCU.
Approval of Treasurer’s Report
Supervisor Maguire made a motion to approve the Treasurer’s Report as submitted; seconded by Supervisor Dershem, MCU.
Chief Winkleman reported that Pine Creek Township Police Officers worked 103.75 hours during the month of January and officers handled 116 incidents during the month.
He also reported that the Pennsylvania State Police contacted him about an entry into a cabin on Shaw Mountain Road and asked residents to contact the police department if they see anything out of the ordinary.
Chief Winkleman received a barking dog complaint again from a resident on Simcox Lane and stated he parked near the property over the past two weeks trying to observe the problem and stated the dogs do bark but for only a short period of time. He plans to speak with the dog owners again to see if they will place something around their fence so the dogs won’t be able to see movement outside of the fence.
The hourly rate charged to the Township for police services will be increasing by $5.00 per hour from $55.00 per hour to $60.00 per hour beginning March 1, 2017.
Zoning Officer’s Report:
Zoning Officer Rod Shemory reported one land use permit was issued between January 3rd to February 20, 2017 to Gina Fox for a 24’ x 24’ Addition and two business licenses were issued during that time.
Zoning Officer Shemory also reported attending a Zoning Hearing on January 18, 2017 for the appeal of a zoning violation by Robert Maguire.
A Zoning Hearing has been scheduled for February 23, 2017 for Michael and Constance Bame who applied for a variance of the property setback requirements.
Monthly Engineer’s Report:
McDonald’s Parking Lot Expansion Project
John Segursky, P.E. reported receiving the stormwater management plan for the McDonald’s Parking Lot Expansion Project to review. A review of the stormwater management plan has been completed and the review letter has been provided to the developer and a copy has been forwarded to the Township. The comments were generally administrative in nature and after the suggested changes are made the plans will be resubmitted to Uni-Tec for review. It was noted that the new entrance to McDonald’s will be on McElhattan Drive.
Recreation Committee Report:
Doris Fritz of the Recreation Committee reported that the monthly meeting date for the Recreation Committee is being changed to the first Monday of the month at 6:00 pm in order to meet with Little League Organizers at 7:00 pm on the same night.
Also, Community Day has been scheduled for the morning of March 25th and volunteers will be cleaning up the Nature Park, including the fish pond, butterfly garden and the walking path.
Don White requested the Supervisors vote on completing the ball field, adding that the cost of completing the project is estimated at $41,000 and includes completion of the ball field, fencing and some ADA parking, but does not include bleachers, dugouts or restrooms.
A discussion was held regarding the DCNR grant received by the Township for the project which is a 50/50 grant requiring the Township to pay one-half of the cost of the project and includes in-kind services.
Supervisor Calhoun made a motion to continue with the project; seconded by Supervisor Dershem, MCU.
Chairman Calhoun called an Executive Session to discuss the Comprehensive Plan at 8:05 pm; the regular meeting was called back to order at 8:15 pm.
Shoemaker Road DCED Debt Ordinance
Solicitor Welch reported that DCED has approved the draft of the Debt Ordinance as submitted and believes this will mean it will not take long for DCED to approve the Debt Ordinance after it is adopted by the Board of Supervisors.
Supervisor Maguire made a motion to approve Debt Ordinance 02-20-2017 as presented; seconded by Supervisor Dershem, MCU.
Land Development Fee Schedule
Discussion of the Land Development Fee Schedule was tabled to the March meeting.
Inspection Services (Shoemaker Road Project)
John Segursky, P.E., reported that Uni-Tec does not yet have the final numbers for its proposal to provide inspection services for the Shoemaker Road Project.
The Board of Supervisors tabled the matter to the March meeting.
Resignation of Assistant Zoning Officer Jeri Goodbrod
The Board of Supervisors discussed the letter of resignation submitted by Assistant Zoning Officer Jeri Goodbrod.
Supervisor Dershem said she was very upset about things that happened at the last Zoning Hearing including the way Assistant Zoning Officer Jeri Goodbrod was treated and said she will be discussing how the hearings are handled with Frank Miceli, Solicitor for the Zoning Hearing Board.
Zoning Officer Rod Shemory requested that the Board approve additional hours for Assistant Zoning Officer Jeri Goodbrod to do filing and complete online reports.
Supervisor Dershem responded that if Jeri is doing reports electronically and Zoning Officer Shemory does not know how to file the reports she would be agreeable to having Jeri come in for a couple of hours to teach him how to file the reports on the computer and suggested that Jeri attend the next work session.
Zoning Officer Shemory asked what would happen in the case of a conflict or when he is on vacation in July and during hunting season.
Solicitor Welch said he believes that the only person who has the power to act in place of the Zoning Officer would be the Chairman of the Board of Supervisors.
Supervisor Maguire stated that previously Solicitor Welch recommended having the Township Secretary act as the Zoning Officer in the past when other Zoning Officers had resigned.
Solicitor Welch said that the Secretary may issue land use permits and the Chairman of the Board should handle zoning matters when there is a conflict of interest.
Supervisor Dershem said the Supervisors need to find out if Jeri Goodbrod would be willing to come in and train Zoning Officer Shemory and suggested that the Assistant Zoning Officer position remain vacant.
Supervisor Maguire questioned why the Zoning Officer did not learn how to file the reports while working with the Assistant Zoning Officer during the past two years.
Zoning Officer Shemory replied that Jeri did her work and he did his work.
Supervisor Maguire said he is not willing to vote on anything unless Jeri is present in order to ask her directly if she would be willing to do this.
Kathy made a motion to pay Jeri Goodbrod to teach Zoning Officer Shemory how to file reports electronically and to show him how to file documents for a couple of hours maximum and that the Supervisors request Jeri attend the next work session so she can personally tell the Supervisors if she is willing to do so. The motion was seconded by Supervisor Calhoun and was approved by a 2-1 vote with Supervisors Dershem and Calhoun voting in favor of the motion and Supervisor Maguire voting against the motion.
Resident Mae Johnson questioned who would be handling zoning issues when there is a conflict of interest.
Solicitor Welch explained that if there is a conflict of interest the Chairman of the Supervisors will handle the violation notice and the Township Secretary may issue permits in the absence of the Zoning Officer.
Donation Request from Wayne Township Fire Company
The Supervisors discussed the request from the Wayne Township Fire Company for a $25,000 donation.
Treasurer Macklem asked the Board to clarify whether the $25,000 donation would be made from host fee monies held by the Township for the benefit of the Fire Company or if it would be paid from the Township’s general fund account, explaining that in 2016 the $25,000 donation was paid from host fees.
Supervisor Maguire said in light of the balance in the general fund accounts if they need money immediately the $25,000 donation will come out of the host fee monies designated for use by the fire company.
Supervisor Dershem made a motion to send the Fire Company a letter indicating that at this time the Township does not have $25,000 available from the general fund due to other Township project commitments, however, if they would like the money immediately it could be deducted from the host fee; seconded by Supervisor Calhoun, the motion was approved 2-1 with Supervisors Dershem and Calhoun voting in favor of the motion and Supervisor Maguire voting against the motion.
Chairman Calhoun explained that in light of the fact that there will be a bus route through the Township he talked to the Commissioners and Commissioner Smeltz recommended the Township come up with a loitering ordinance and based on that suggestion, Supervisor Calhoun requested Solicitor Welch to provide a sample loitering ordinance to the Supervisors for review.
Solicitor Welch explained that the sample ordinance would only deal with areas with public places and does not deal with someone on private properties. For example should someone be loitering at McDonald’s or the Bald Eagle Truck Stop and management throws them off the property and they then go to a public area such as sidewalks, road cart way or public park for an indefinite amount of time, they could be arrested for loitering. If individuals refuse to leave the business owner’s property, the owner could have them arrested for defiant trespass.
Further discussion of the proposed ordinance was tabled.
Supervisor Maguire made a motion to approve the invoices as submitted; seconded by Supervisor Dershem, MCU.
There being no further business, Supervisor Maguire made a motion to adjourn the meeting; seconded by Supervisor Dershem, MCU, and the meeting was adjourned at 8:55 p.m.
Darlene S. Macklem, Secretary