Minutes of March 13, 2019 – Supervisors

MINUTES OF MARCH 13, 2019

The meeting was called to order at 7:00 P.M. by Chairman Donald R. Leibig, commencing with the Pledge to the Flag.

Present:           Donald R. Leibig, Chairman

Dan K. Hogeland, V. Chairman

Eric J. Weidman, Supervisor

John D. Enck, Solicitor

Lorie J. Kupp, Sec./Treas.

PUBLIC COMMENTS:  

Luke Ray Horning, 6 Stricklerstown Loop Rd.  was present to request permission to live in his old house while building a new house.  Solicitor will draw up the agreement for the next meeting.

5G wireless communications technology – Leibig explained to those present that Linda & Hubert Beck, 933 Texter Mountain Rd. attended the recent Planning Commission meeting to express health concerns on the proposed 5 G rollout, small towers.  They have supplied information that the Board will review.  Solicitor stated that he believed the FCC would regulate this type of thing.

REPORTS OF ORGANIZATIONS:

Planning Commission – minutes received.

Newmanstown Water Authority – minutes received.

Recreation Board – Feb. & March minutes received.

Greater Lebanon Refuse Authority – minutes were received.

Police Activity Report was received.

National Night Out – Chief Hostetter reported that at last evening’s Crime Watch meeting, it was decided, due to a lack of help, National Night out would be cancelled for this year.

National Day of Caring – Leibig reported that Memorial Park mulching would be the project this year.

MINUTES:   Motion by Hogeland to approve as printed.  Seconded by Weidman.  All aye, motion carried(Leibig did not vote due to absence from last month’s meeting)

SOLICITOR:

Agricultural Security Area application from Elvin & Nancy Nolt, and the Richland Borough letter of understanding to include Nolt’s land located in the Borough, to the Township’s ASA was reviewed and discussed.  The Township has 180 days to act on the ASA proposal.  The parcel maps included with the applications didn’t make sense and no one was quite sure about the parcels.  Solicitor suggested that he perhaps should visit the Assessment Office to try to figure this out before any action is taken.  Motion by Hogeland to table this till next month and authorize Solicitor to go to the Tax Assessment office to look at their Arial maps to try to make sense of the parcels.  Seconded by Weidman, all aye motion carried.

Eagles Peak Sewage Module Solicitor explained the Letter of Credit was received and the Secretary signed the resolution included in the packet, but suggested that the resolution should be ratified.  Resolution #21319 – Motion by Hogeland to approve and ratify the adoption of Resolution #21319, signed by the Secretary as part of the motion that was passed for Eagles Peak Campground at the Feb. 13, 2019 meeting.  Seconded by Weidman.  All aye, motion carried.  Letter of Credit from Pete Frederick – discussed.  Motion by Leibig to release the Letter of Credit from Peter Frederick and return to Jonestown Bank & Trust Co.  Seconded by Weidman.  All aye, motion carried.

Newburg Village Street light request – 7 lights Phase 3 Section 10 – agreement for reimbursement of costs by the Developer until streets are accepted by the Board was presented for their consideration.  Motion by Leibig to enter into the Street Light agreement with Peter B. & Naomi Shirk Living Trust to have the 3 on Evergreen and 4 on Edgemont street lights connected.  Seconded by Hogeland.  All aye, motion carried.

Public Comment Policy for meetings was discussed.  Solicitor explained that he has researched this and has found that an ordinance is not required only a resolution per Sect. 710 of the Sunshine Law.  He obtained a sample resolution from the State Assoc. but suggested contacting Jackson Township for a copy of their policy.

306 Stricklerstown Rd. stormwater management issue discussed. The Lebanon County Stormwater Management ordinance was reviewed regarding enforcement authority and the letter from Candie Johnson citing violations by the adjoining property owner.  The ordinance in one section (411 C) states the County or Township may take enforcement action.  In another section, Article 7, it states enforcement is only the Lebanon County Planning Dept. or the County Engineer, for the County Commissioners.  Solicitor concluded the Article 4 authority might only apply if the township had an agreement with the land owner under Article 4. The State Stormwater Management Act civil remedies section was also reviewed.  The Board may have the legal authority to do what property owners are asking, but the Board does not have the legal requirement to do it. Should the Board choose to proceed with litigation it could be costly, with the township having the burden of proof, which would require proof of what was done, and an engineer to testify.  Secretary sent a letter to the County Planning Dept. requesting the complaint be looked into.  Board stated they would wait to do anything further and see what the County may do.  Secretary stated Julie Cheyney may be willing to attend a meeting to talk to the Board.  Weidman said he visited the property and he believes the water was diverted and it is an issue.

ACTION: none

UNFINISHED BUSINESS: 

UGI Ahead of Paving Program – Secretary to send letter for paving E. Bethany Rd. from S. Sheridan Rd. to the trees.

Appointment – Rec Board recommendation to fill unexpired term Maureen McGuire – Josh Garrison was discussed.  Motion by Hogeland to appoint Josh Garrison to fill term from Maureen McGuire resigning.  Seconded by Weidman.  All aye, motion carried.  Basketball court paving was discussed and tabled until next month.

NEW BUSINESS:

2019 Stone Bid & blacktop –was discussed. (2018 contracts expire April 12th) (Requirements:  500-ton 9.5 mm blacktop, 500-ton anti-skid, 200-ton 2A modified, 100-ton #4 stone:  Motion by Leibig that we advertise for bids for 500-ton anti-skid, 200-ton 2A modified, 100-ton #4 stone, and blacktop 500-ton 9.5 mm, bid to be opened on April 10th   at 7:15 P.M.  Seconded by Hogeland.  All aye, motion carried.  Resolution #031319 Escalator Clause for bituminous materials was presented to the Board for their consideration. Motion by Leibig to adopt Resolution #031418 price adjustment for bituminous materials in small quantities.  Seconded by Weidman.  All aye, motion carried.

Insurance Transamerica proposal – William Finn – Leibig reported an employee meeting is scheduled for April 27th at 10:00 AM and flyers will be e-mailed to the township to distribute to employees.

Kountry Kraft donation check for $1,000 was received for the Police Dept.  Secretary to send thank you letter, and allocate and track the funds to be used for Police Equipment since it was lost and unused the last few years.

EXECUTIVE SESSION:  Motion by Leibig to go into Executive Session at the conclusion of the meeting to discuss a personnel matter.  Seconded by Hogeland.  All aye, motion carried.

BILLS/TREASURERS REPORT: Motion by Leibig to accept the Treasurers Report and pay the bills, as money is available.  Seconded by Weidman.  All aye, motion carried.

ADJOURNMENT:  Motion by Hogeland to adjourn the meeting at 8:47 P.M.  Seconded by Weidman.   All aye, motion carried.