Wayne Township Board of Supervisors held a meeting on December 16, 2019 at 7:00
p.m. at the Wayne Township Municipal Building, with James Maguire, David
Calhoun and Brad Rote present.
also in attendance: Carolyn Hanna, Carl
Bathurst, Linda Calhoun, Steve Simcox, Robin Condo, Rick Scheesley, EMC, Wendy
Long, Karis Kellander, Gary Myers, Mary Prince, Russ Johnson, Peggy Fanning, Doris
Fritz, Zoning Officer Paula Kibler, and Paul D. Welch, Jr., Esquire
Resident Linda Calhoun thanked the Board of Supervisors for her Christmas
gift card, it was much appreciated.
On behalf of the Board of Supervisors, Supervisor Rote thanked all
members of the various township boards and committees in attendance for their
service during 2019.
Gary Myers questioned statements made by Chairman Maguire during the November
meeting regarding repairs to be made along Shoemaker Road by the Township to alleviate
a water problem on his property.
Supervisor Maguire responded that at that meeting he provided Mr. Myers
with a copy of the drawing from John Segursky, P.E., who then explained that
the work will be done on the southern side of Shoemaker Road because the
Township does not have an easement on the Myers property.
Mary Prince asked when the repairs would be completed at the end of her
driveway and the Board stated that the work cannot be done due to the weather
and the issues along Shoemaker Road will be taken care of in the spring.
At Mrs. Prince’s request, the Board agreed to have employees clean the
leaves out the catch basin between her property and the Goodman property on
Approval of Meeting
Chairman Maguire asked if there were any questions or comments on the
minutes of the November 18, 2019 monthly meeting; there being none, Supervisor Calhoun
made a motion to approve the minutes as presented; seconded by Supervisor Rote,
Supervisor Calhoun made a motion to approve the Treasurer’s Report as
submitted; seconded by Supervisor Rote, MCU.
Winkleman was not present for the meeting.
Zoning Officer Kibler reported that there
were no permits issued during the last month.
Township Engineer John Segursky, P.E. had
nothing to report other than he would be following up on the repairs to be made
to Shoemaker Road in the spring.
Recreation Committee Member Doris Fritz reported
that the soft bound books on the history of Wayne Township have been printed
and are available for purchase at a cost of $30 each.
Chairman Maguire called an Executive Session
at 7:04 pm and the regular meeting was called back to order at 7:25 pm, stating
the purpose of the Executive Session was to review the changes made to the
proposed Easement Agreement between Big Woods Land Company and the Township and
requested Solicitor Welch explain the changes that will be made to the agreement.
Solicitor Welch explained that the easement
will be fifty (50) feet wide and the trail itself will be twenty-five (25) feet
wide. The multipurpose trail will be
used for walking, hiking, jogging, and nature study; motorized wheel chairs and
golf carts are allowed as well as other motorized vehicles for special events
that are approved by both the Grantor and Grantee. The agreement would be effective December 31,
2019 and in Paragraph 5 of the agreement in addition to benches, picnic tables,
waste baskets, fencing, gates and barriers, the Grantor may install a four post
pavilion, stating that the Grantor is planning to install the pavilion along
the eastern barrier.
Attorney Welch indicated that after the
changes are made to the agreement it will be provided to Big Woods Land
Company, the partnership that owns the property, for their review and if all
agree to the terms, the agreement can be signed.
Chairman Maguire submitted a letter of
potential conflict of interest to the Secretary to be included with the meeting
Supervisor Rote made a motion to accept the
easement if Big Woods Land Company agrees with the terms of the agreement and
authorize Vice Chairman Dave Calhoun to execute the agreement on behalf of the
Board of Supervisors; seconded by Supervisor Calhoun, the motion was approved
with Supervisors Rote and Calhoun voting in favor of the motion and Supervisor
AM Logging Road Bond
Chairman Maguire reported that the Board reviewed the Excess Maintenance
Agreement prepared by Solicitor Welch allowing AM Logging to use the Pine
Mountain/Loganton Road during the work session and he questioned Paragraph
5.e.of the agreement and asked Attorney Welch to explain that paragraph during
Attorney Welch explained that the language in Paragraph 5.e. states that
AM Logging would indemnify, hold harmless and defend (if requested) the
Township from all actions or claims, and the wording in Paragraph 5.3. does not
need to be changed.
Supervisor Rote made a motion to approve forwarding the agreement to AM
Logging for review;
seconded by Supervisor Calhoun, MCU.
Supervisor Rote requested that Township Engineer John Segursky coordinate
the initial inspection of the road after the agreement is signed and include
PennDot Representative Daren Stover, Township Employee Arnold Coleman, the
Supervisors, and Stahl Shaffer who represents AM Logging. He asked John to tell
Arnold what to look for and then Arnold will do daily inspections of the road
and if he believes that there is substantial damage to the road he will contact
John Segursky to come back and inspect it and AM Logging would have to pay for
that inspection. The road will be bonded for $12,500 per mile but if the total
of repairing the road reaches 75% of the amount of the bond, the contractor
must re-bond the road, stating, that will eliminate the situation the township
ran into with AM Logging previously and prevent the township from having to pay
for repairs to the road.
Zoning Officer Position
Chairman Maguire spoke with Terry Crawford who is the Township’s Zoning Enforcement
Officer about the Zoning Officer position and he is willing to act as interim
Supervisor Rote made a motion that Terry Crawford be appointed temporary
Zoning Officer with all powers of the position of the Township Zoning Officer
until a permanent Zoning Officer is hired.
Maguire thanked Terry for agreeing to accept the position and noted he will
receive the monthly stipend currently paid to the Zoning Officer.
Calhoun made a motion to approve the 2020 Budget as presented; seconded by
Supervisor Rote, MCU.
Calhoun made a motion to adopt Tax Levy Resolution 12.16.19. setting the real
estate tax rate at .00 mills for 2020; seconded by Supervisor Rote, MCU.
Board tabled the agreement until additional information is obtained.
Board scheduled the Reorganization Meeting for January 6, 2020 at 7:00 pm with
the January monthly meeting to immediately follow the Reorganization Meeting.
Maguire stated that the Board received an invoice for $14,076.68 from Charles
Construction today for repairing the catch basins in Linnippi Village, Fritz
Road and on North Road and because the invoice is not on the list of invoices,
a separate motion is required to approve payment of the invoice.
Rote made a motion to pay the invoice from Charles Construction; seconded by
Supervisor Calhoun, MCU.
Robin Condo asked why the Supervisors are accepting an easement rather than a
deed for the property for the walking path.
Welch responded on behalf of the Board stating that Mrs. Condo’s question
should be directed to the Maguires stating that they own the property and have
not offered a deed for the property to the Township and the Board can only act
on what is being offered to them.
Maguire stated that previously multiple meetings were held about a year and a
half ago with the Supervisors, Recreation Board, and the Conservation District
on location, and at that time, the Recreation Board and Supervisor Calhoun
stated they would like to see the path continue south and asked Supervisor
Calhoun specifically if that was still his desire to extend the path further.
Calhoun responded that he still would like to see the path extended but noted
his concern was vehicles using the path.
Maguire stated that the at least 20% of the constituents of the Township cannot
walk the path but can use electric carts and the Maguire’s have always
represented that the trail would be a multiuse trail.
Rote stated that the use of the trail has been addressed in the revised
Maguire then asked the Board if it is still their inclination that the path
continue across the Durty Dabber’s property ending at the terminus of the City’s
property, adding that Big Woods Land does not own the land but reserved an
easement through the Durty Dabber’s property which would be consistent with the
easement they just donated to the Township and asked if the Maguires should
move forward with building the path with the intention of donating it to the Township
Maguire explained it is easier to do the permitting process for the entire
trail all at the same time.
Maguire answered Robin Condo’s question regarding an easement agreement versus
a deed for the easement, stating that it is common practice under the PA Trail
Association to give an easement rather than a deed for a trail.
Powers stated that during the Supervisor’s work session maintenance of the
trail was discussed with regard to who
would be responsible for maintaining the trail and he asked if that was
included in the agreement.
Welch responded that Paragraph 4 of the agreement will be modified to state
that the Grantor and Grantee will share in the cost of maintaining the trail.
Bathurst asked about the proposed easement over the Durty Dabber’s property questioning
how the Township will keep the motorcycles off the trail.
Maguire explained that the Durty Dabber’s will be allowed to use the trail but
will never be permitted to use the trail in the Nature Park.
Maguire asked if there were any questions on the invoices to be paid, there
Rote then made a motion to approve the invoices as presented; seconded by
Supervisor Calhoun, MCU.
Maguire wished everyone a Merry Christmas on behalf of the Supervisors
Calhoun made a motion to adjourn the meeting; seconded by Supervisor Rote, MCU.
The meeting was adjourned at 7:55 p.m.
Darlene S. Macklem, Secretary