Wayne Township Meeting Minutes
March 21, 2022
The Wayne Township Board of Supervisors held their monthly meeting on March 21, 2022 at 7:00 p.m. at the Wayne Township Municipal Building, with James Maguire, David Calhoun and Terry Condo present.
Those also in attendance: Jane White, Mary and Gary Myers, Linda Calhoun, Carl Bathurst, Rob Bowmaster, Rod Shemory, Kurt Smith, Russell Johnson, John Segursky, P.E. of Buchart Horn, and Paul Ryan, Esquire
Rob Bowmaster asked if the Board received the new Mutual Aid Agreement from the County and was told that the Supervisors received the agreement and the Supervisors will review it at the April work session.
Rod Shemory asked that the traffic lines be repainted on Shoemaker Road and the Supervisors indicated that the lines would be repainted when weather permits.
Resident Kurt Smith said there are a number of dead trees in the Nature Park that need cut down and asked if he would be able to cut the trees down for firewood. Mr. Smith also suggested that the dead trees next to the fishing pond be cut down.
A discussion was held and it was the consensus of the Board that due to liability issues, the township employees would cut the trees down and Mr. Smith could then cut up the trees for firewood.
Approval of Meeting Minutes
Chairman Maguire asked if there were any questions or comments on the minutes of the February 21, 2022 monthly meeting, there being none, Supervisor Calhoun made a motion to approve the minutes as presented; seconded by Supervisor Condo, MCU.
Approval of Treasurer’s Report
Supervisor Calhoun made a motion to approve the Treasurer’s Report as submitted; seconded by Supervisor Condo, MCU.
Zoning/Code Officer’s Report
Zoning/Code Enforcement Officer Terry Crawford presented the following report:
02/28/22 Permit #22-3 issued to Bohler Engineering for the Drive-Thru upgrade at McDonald’s
03/02/22 Permit #22-4 issued for property at 671 Pine Mountain Road for a 30 x 90 ft. pole barn
03/05/22 Permit #22-5 issued for property at 1078 Youngdale Road for a 20 x 28 ft. pole barn
02/23/22 Faxed Land Use Permit Application to Bohler Engineering for renovation of McDonald’s Drive-Thru
02/28/22 Mailed Land Use Permit and Zoning Permit to Bohler Engineering for McDonald’s
03/02/22 Posted Lot 39 with notice of upcoming Conditional Use Hearing
03/05/22 Checked setbacks at 1078 Youngdale Road for 20×28 ft. pole barn
03/17/22 Checked setbacks at 27 Watkins Lane for proposed shed
02/28/22 Met with Jeff Kreger, SEO at a residence along Youngdale Road about a sewer issue and he said the issue will be corrected as soon as the weather permits
Monthly Engineer’s Report
Township Engineer John Segursky, P.E. presented a proposal to the Board for engineering services for the Linnippi Village Road Project with the cost broken down by phases i.e. design, bidding, permitting, and post construction services for $21,000.00 (Plus Fee).
The Board discussed the proposal and whether the proposal from Buchart Horn would be accepted as a Cost-Plus project where the township is billed based upon actual effort which could be under or over the contracted amount or accept the proposal as a “lump sum” set amount of $21,000.00.
Supervisor Condo made a motion to accept the proposal for engineering services as a “lump sum” set amount of $21,000.00; seconded by Supervisor Calhoun, MCU.
Recreation Committee Report
Jane White of the Recreation Committee announced that the annual Easter Egg Hunt will be held at the Nature Park on April 16th at 10:00 am for children between the ages of 1 and 12.
2022 Linnippi Village Road Project
Resident Kurt Smith asked about the cost of the Linnippi Village Road Project.
A discussion was held regarding the estimated cost for the project, prevailing wages and using ARPA funds to help pay for the project.
Tax Collector Compensation
The Supervisors tabled discussion of the Tax Collector’s Commission.
Full Armor Wellness, LLC – Conditional Use Hearing Decision
The Board of Supervisors deliberated on the matter at its monthly meeting held on March 21, 2022, following the Conditional Use Hearing with Supervisor Maguire abstaining from deliberations and voting, providing a letter of potential conflict due to his relationship with the land owners to Secretary Macklem.
Although testimony was presented concerning the potential location of the fitness center at a lot across the road from Clinton County Tax Parcel No. 02-01-0039, the Supervisors deliberations and discussion was limited to Clinton County Tax Parcel No. 02-01-0039.
Initially, the Supervisors must make a decision whether the use is allowable under the Ordinance. Based upon the testimony during the hearing and, more particularly, the testimony of the Wayne Town-ship Zoning Officer, the Supervisors find that the area in question is zoned Highway Interchange. In addition, the Supervisors find that the Township Zoning Ordinance allows for fitness facility as a related health care services building as a conditional use in such district.
Having made the determination that the use is allowable under the Ordinance, the application must then be analyzed within the context of the section of the Ordinance governing such applications, specifically Section 1101E.
In that regard, the Supervisors find that the written information presented at the hearing and the testimony presented by Ms. Wertz contained sufficient information to reach a decision concerning conditions which may need to be imposed.
With respect to Section 1101E, the Supervisors reviewed the purpose of the Zoning District in which the requested Conditional Use is located and the compatibility of the requested Conditional Use with existing and potential land uses on adjacent tracts of land. The Supervisors believe that the location and compatibility for the proposed Use is appropriate.
The Supervisors also reviewed whether the specific site is an appropriate location for the requested use. By a vote of 2 to 0, the Supervisors find that such site is an appropriate location for the establishment of a fitness center.
By a vote of 2 to 0, the Supervisors indicated their belief that the proposed use will not adversely affect the neighborhood.
The Supervisors considered whether the use will create an undue nuisance or serious hazard. By a vote of 2 to 0, the Supervisors indicated their belief that there will not be any undue nuisance or serious hazard through the establishment of a fitness center.
The Supervisors considered whether there were adequate and appropriate facilities provided to insure proper operation of the proposed use. By a vote of 2 to 0, the Supervisors found that the existing facilities in the area that will insure the proper operation of the proposed use.
The Supervisors considered the effect via noise, glare, or odor, on adjoining properties. By a vote of 2 to 0, the Supervisors indicated their belief that the same will not have any negative consequences on adjoining property owners.
The Supervisors considered ingress and egress to the property and use of the same by vehicles. By a vote of 2 to 0, the Supervisors believe that there was sufficient ingress and egress to the property.
The Supervisors also considered off street parking, waste collection storage and disposal, utilities, screening and buffering. The Supervisors determined that because the proposed use does not change any of the present aspects relative to the above-listed matter, that they need not be considered for purposes of determining the requested use. Such determination was made by a vote of 2 to 0.
The Supervisors further considered signs and required yards and open spaces. The Supervisors found that no evidence was presented to indicate that the above factors would create an adverse impact. Such determination was made by a vote of 2 to 0.
The Supervisors determined by a vote of 2 to 0 that the Conditional Use should be granted.
The Supervisors did place, by a vote of 2 to 0, three (3) conditions upon the use of the property, to-wit: (1) compliance with all of the requirements of the Wayne Township Zoning Ordinance; (2) compliance with all terms and conditions of the Wayne Township Land Development and Subdivision Ordinance; and (3) compliance with all local, state, and federal laws, rules, and regulations.
Bald Eagle Valley Rail Trail Project
Supervisor Calhoun reported that work on the Bald Eagle Valley Rail Trail Project will begin again on March 28th and the County again requested using the Township Office Building for the Inspector to utilize the internet and copier.
Secretary Macklem asked if the Inspector was the same individual as in 2021, stating that the Inspector was not respectful with township furniture or equipment and was very rude to other office staff. She said she spoke to County Planner Katie deSilva about his behavior last year and Katie said if there is an issue with the Inspector, the contracting firm would provide a trailer for the Inspector on site of the project.
Employee Jane White agreed with Secretary Macklem’s statements and said she had an issue with Inspector having mud on his boots and “dragging” it through the entire office building.
Assistant Secretary/Treasurer Peggy Fanning also agreed and stated that this individual seemed to think that this was his private office and staff should not be making phone calls or having conversations because it disturbed him.
Supervisor Condo suggested the Inspector use the desk out in the garage workshop and Supervisor Calhoun explained that he would need access to the township copier.
A discussion was held and it was suggested that the Inspector bring his own copier and it was the consensus of the Board not to allow the Inspector to use the township office building. The Board agreed to allow the Inspector use of the garage workshop using his own copier and/or if a work trailer is provided by his firm it would be permitted to be parked in the township’s parking lot near the garage.
Vacant Laborer Position
Supervisor Condo made a motion to hire Shannon Reese for the township laborer position; seconded by Supervisor Calhoun, MCU.
Raymond Haines – Cashner Property Subdivision
Raymond Haines submitted subdivision plans for property owned by Larry Cashner. The subdivision creates a four acre lot and a residual parcel consisting of 18.5215. Fetter’s Lane, an existing 20 foot private right of way, will continue to be used to access both parcels.
It was noted that the Certification of Ownership on the survey would have to be signed by property owner, Larry Cashner, and the Planning Commission must also sign the plans before the Supervisors can sign them.
Supervisor Condo made a motion to approve the subdivision on the condition that the Certificate of Ownership is signed and the plans are signed by the Planning Commission prior to the Supervisors signing the plans; seconded by Supervisor Calhoun, MCU.
Lecce Electric, LLC – Traffic Signal Annual Maintenance Agreement
Supervisor Calhoun made a motion to approve the 2022 Annual Maintenance Agreement for the traffic signal with Lecce Electric, LLC in the amount of $965.00; seconded by Supervisor Condo, MCU.
Jersey Shore State Bank Certificate of Deposit
Secretary/Treasurer Darlene Macklem reported that the certificate of deposit at Jersey Shore State Bank matures on March 28th and asked if the Board would like to reinvest the funds or transfer the funds into the general fund checking account.
It was the consensus of the Board to close out the certificate of deposit and transfer the funds into the general fund.
Nature Park Trail Grant
The Board discussed the grant received from Clinton County through the American Rescue Plan Act (ARPA) and the Local Fiscal Recovery Funds (SLFRF) Program. The award of $16,000.00 is to support clearing a new trail at the Nature Park.
The location of the trail will be determined by the Supervisors with the assistance of the Conservation District and the Fish and Boat Commission. After the location is determined an easement will be obtained from Big Woods Land Company.
Chairman Maguire asked if there were any questions on the invoices, there being none, Supervisor Calhoun made a motion to approve the invoices as presented; seconded by Supervisor Condo, MCU.
Chairman Maguire adjourned the meeting at 7:50 p.m.
Darlene S. Macklem