WAYNE TOWNSHIP MEETING
October 15, 2018
The Wayne Township Board of Supervisors held a meeting on October 15, 2018 at 7:00 p.m. at the Wayne Township Municipal Building, with David W. Calhoun, James B. Maguire and Brad Rote present.
Those also in attendance: Rob Bowmaster of the Wayne Township Fire Company, Don White, Pine Creek Township Police Chief Dave Winkleman, Carolyn Hanna, Linda Calhoun, Carl Bathurst, Mary Prince, Marci Orndorf of the Wayne Township Landfill, Robin Condo, Robb Ohl, P.L.S., Mae Johnson, John Segursky, P.E. of Uni-Tec, Peggy Fanning, Zoning Officer Paula Kibler, and Paul D. Welch, Jr., Esquire
Mae Johnson asked if the Supervisors follow up on ordinance violations of repeat offenders.
Supervisor Calhoun and Supervisor Maguire indicated that Code Enforcement Officer Terry Crawford and Zoning Officer Kibler are currently following up on three zoning violations, two of which are recurring violations.
Chairman Maguire asked Mrs. Johnson to be more specific as to the violation she was referring to.
Mrs. Johnson said the parking lot beside the Restless Oaks which is being used for truck parking again is in the HI Zoning District.
Chairman Maguire said using the lot for parking is an approved accessory use.
Solicitor Welch explained that there is a provision in the Zoning Ordinance that if there are no permitted uses in a specific zoning district, accessory uses become permitted uses. As a result of that provision and the fact that there are no permitted uses in the HI Zoning District, vehicle parking which is an accessory use, becomes a permitted use.
Mrs. Johnson then questioned why that provision is in the zoning ordinance.
Solicitor Welch said the Township may leave ordinance as is or change it, but his understanding is that other than zoning map changes the substance of the zoning ordinance is not going to change.
Mrs. Johnson said it seems that the Township goes through the process of dealing with violations and spending township money on attorney fees to get a violation corrected and then a year or two later the violation reoccurs and it should just be stopped asking what is being done to stop repeat violations.
Attorney Welch explained that there is nothing in the Zoning Ordinance that allows the Township to get a court order to stop a recurring violation, however, it provides for citing the property owner and having a hearing before the Magisterial Judge who may determine there is a violation and assess a civil penalty/fine. However, if the individual pays the fine and then does the same violation the next day, the Township has to start all over. He suggested that it may help if the township would make the fine stiff enough where it would be a deterrent, however the District Judge has the ability to set the amount of the fine on a sliding scale up to that amount and usually the first time the Judge does not assess the highest amount for the violation.
Approval of Meeting Minutes
Chairman Maguire asked if there were any questions or comments on the minutes of the September 24, 2018 meeting, there being none, Supervisor Calhoun made a motion to approve the minutes as presented; seconded by Supervisor Rote, MCU.
Approval of Treasurer’s Report
Supervisor Calhoun made a motion to approve the Treasurer’s Report as submitted; seconded by Supervisor Rote, MCU.
Pine Creek Township Police Chief presented the police report for the month of September, noting there were 16 incidents and officers worked 17.5 hours during the month of September.
Chief Winkleman also reported that officers have been patrolling Shoemaker Road for speeding vehicles and citing individuals taking garbage to the landfill on Saturday mornings for not tarping their trucks.
Chief Winkleman advised residents to keep their vehicles locked as there have been a number of entries into unlocked vehicles within the Township as well as in other municipalities.
Zoning Officer’s Report
Zoning Officer Paula Kibler reported issuing a Junk Yard Permit to Milford Hoover.
Zoning Officer Kibler also processed an application for a Conditional Use from Russell Johnson of H2O for an insurance/business office at the former Bear Country Radio property along McElhattan Drive, noting the Conditional Use Hearing has been scheduled for November 19, 2018 at 6:30 pm.
Zoning Officer Kibler said that she researched the files in the Zoning Office with regard to the shed issue on the Dave Thomas property and stated that the shed is legal and there is a letter in the file from Paul Dembrowski of DEP that indicates the shed is not in the floodplain.
It was the consensus of the Board to turn the Thomas matter over to Code Enforcement Officer Terry Crawford to investigate.
Monthly Engineer’s Report
John Segursky, P.E. stated that a report was previously provided to the Board of Supervisors showing that the stormwater issue in Linnippi Village could be alleviated by redirecting the cross-lot drainage from the swale to Linnippi Trail and asked the Board if they would like to proceed with the project.
Chairman Maguire said that due to the cost of the project the Township would have to place it out for bid and he suggested including adding the repairs to Pocahontas Trail to the project.
John Segursky noted that construction may not occur until next spring due to the weather.
Supervisor Rote made a motion to move forward with the design and bid paperwork to place the project out for bid; seconded by Supervisor Calhoun, MCU.
A discussion was held and it was the consensus of the Board to advertise for bids on Penn Bid and in the local newspaper.
Recreation Committee Report
Recreation Committee Member Don White reported that the Dark Wood Haunted Trail Walk/ Halloween Trunk & Treat will be held at the Nature Park on Sunday, October 28th between 4:00 and 8:00 pm and the rain date for the event is October 31st between 5:00 and 7:00 pm.
Supervisor Calhoun reported that the inspection for the ball field will be scheduled for the first week in November and after speaking with Jon Schall and Bob Wahlers of First Quality, they agreed to pay for topsoil to fill in the low spots on the field before the inspection and requested the Board to approve payment of $400 for the topsoil from First Quality funds.
Supervisor Calhoun made a motion to approve $400 from First Quality funds; seconded by Supervisor Rote, MCU.
The Supervisors scheduled the hours for Halloween Trick or Treat for October 31, 2018 between 6:00 and 9:00 pm.
Shoemaker Road Project
Chairman Maguire reported that the Shoemaker Road Project is complete with the exception of painting lines on the road.
Bowmaster Zoning Violation
Chairman Maguire indicated that the Supervisors received a letter from Solicitor Welch outlining three options with regard to the Bowmaster Zoning Violation and noted that the Supervisors will discuss the matter during an executive session later in the meeting.
The Board reviewed a subdivision on behalf of Sara McGinness for property along Shoemaker Road; the subdivision creates a twenty-one (21) acre parcel and includes a non-building waiver; and a twenty (20) acre residual parcel with cabin. It was noted that both the Wayne Township and County Planning Commissions reviewed and approved the subdivision.
Supervisor Rote made a motion to approve the subdivision as presented; seconded by Supervisor Calhoun, MCU.
Resolution 10-15-2018 – Appointment of CPA for 2018 Audit
Supervisor Calhoun made a motion to adopt Resolution 10-15-2018 appointing Rick Lowe, CPA to perform the 2018 audit, replacing the Township Auditors; seconded by Supervisor Rote, MCU.
Resolution 10-15-2018-1 – Hazard Mitigation Plan
Supervisor Rote made a motion to adopt Resolution 10-15-2018-1 adopting the Clinton County 2018 Hazard Mitigation Plan as the official plan of Wayne Township; seconded by Supervisor Calhoun, MCU.
A.M. Logging – Road Bond for Pine Mountain/Loganton Road
It was noted that the Board will discuss a request from A.M. Logging to bond the Pine Mountain/Loganton Road during an executive session later in the meeting.
Speed Limit on Linnippi Trail
Chairman Maguire said he received a request from a resident in Linnippi Village to increase the speed limit at the bottom of the hill on Linnippi Trail to 35 miles per hour.
A discussion was held and Chief Winkleman, due to the foot traffic and what the State requires law enforcement officials to allow when using speed enforcement devices, it was the consensus of the Board that the speed limit remain at 25 mph.
Mary Prince – Property Survey Pins
Mary Prince thanked Supervisor Rote for coming to her property with a metal detector to try to locate the survey pins along Shoemaker Road even though they were unable to find the pins.
The Board of Supervisors requested that Rob Ohl, P.L.S. re-set the survey pins on the Goodman, Prince and Patterson properties along Shoemaker Road.
Pressure Wash Gary Myers Home
The Board of Supervisors received a request last month from Resident Gary Myers that the Township cover the cost to have his home pressure washed because it is located next to the site used as a staging area for the Shoemaker Road Project and as such the dust created from loading and unloading road materials caused dirt to adhere to the outside of his home.
Chairman Maguire reported that the Board received two quotes from Gary Myers to pressure wash his home at 25 Sister’s Lane and suggested the Board accept the lower of the two quotes from Earl Stroble in the amount of $667.80.
Supervisor Calhoun made a motion to approve the quote from Earl Stroble in the amount of $667.80 to pressure wash the Myers home; seconded by Supervisor Rote, MCU.
Fencing for Ball Field
Supervisor Calhoun reported that the Board received an invoice from Shoemaker Fencing in the amount of $26,700 for fencing and gates installed at the ball field.
Supervisor Rote made a motion to approve payment of the invoice for fencing in the amount of $26,700; seconded by Supervisor Calhoun, MCU.
Rob Bowmaster – Wayne Township Fire Company
Rob Bowmaster of the Wayne Township Fire Company asked the Board if they would be making a decision on the Fire Company’s request made at the September meeting with regard to replacing two older pieces of equipment with a new piece of equipment estimated to cost between $540,000 and $550,000 and would require less man power.
Supervisor Rote said the Board has not received the additional information it requested from the Fire Company which is needed in order to make a decision on the request.
Chairman Maguire suggested that he and Rob Bowmaster participate in a conference call with Shearer Barnhart of PSATS who is heading up a program to enhance volunteer fire companies; adding it would be good for the fire company to hear what is being done at the state level to try to enhance volunteer fire companies.
Supervisor Rote thanked Russ Johnson, owner of H2O for towing one of the township trucks to the garage after it broke down this month, adding that Mr. Johnson provided towing services free of charge.
Supervisor Calhoun made a motion to hold an Executive Session to discuss legal matters; seconded by Supervisor Rote, MCU, and the Executive Session was called at 7:40 pm.
The regular meeting was called back to order at 8:05 pm.
Chairman Maguire reported that the Board discussed the Personnel Policy, A.M. Logging road bond request for the Pine Mountain/Loganton Road and how to proceed with the Bowmaster zoning violation during the Executive Session.
Robin Condo asked how the Board would be handling the Bowmaster zoning violation.
Solicitor Welch explained that what was discussed during the Executive Session regarding the Bowmaster issue is between counsel and the Board of Supervisors.
Chairman Maguire asked if there were any questions on the invoices.
Resident Carl Bathurst questioned the invoice from Bechdel Plumbing in the amount of $3,130.
It was noted that the invoice was for the ball field project.
Supervisor Calhoun made a motion to approve the invoices as submitted; seconded by Supervisor Rote, MCU.
There being no further business, Supervisor Rote made a motion to adjourn the meeting; seconded by Supervisor Calhoun, MCU, and the meeting was adjourned at 8:15 p.m.
Darlene S. Macklem, Secretary