LATIMORE TOWNSHIP

BOARD OF SUPERVISORS

559 Old US Route 15, York Springs, PA 17372

717-528-4614; Fax 717-528-8281

Regular Meeting

February 9, 2009

Present:  Chairman Daniel Worley, Vice-Chairman Larry Dost, Supervisor Elwood “Woody” Myers, Secretary Valena Garlin, Solicitor Guy Beneventano, Township Engineer John Shambaugh and visitors listed on the attendance sheet.

Chairman Worley called the meeting to order at 6:00 p.m. and led everyone present in the Pledge of Allegiance to the Flag.

Chairman Worley made a motion 1) to approve the Minutes from the January 5, 2009 meeting, 2) to approve the Treasurer's Report of January 31, 2009 and 3) to ratify all checks written during that timeframe.  The motion was seconded by Larry and carried unanimously.

YORK SPRINGS FIRE COMPANY ANNUAL REPORT

Bob and Randy expressed appreciation to the Board for its past and continued support.  The Fire and EMS contracts were presented for signatures with the directive to send a copy back to the Fire Company and keep a copy for Township records.

Copies of the Annual Report were passed out to the Board and are available for review.  The Chief highlighted the following items contained therein:

1. Grant money received, purchases made (vests), smoke detectors donated by WHTM Channel 27 News free to residents who need one
2. Training
3. Upcoming SADD program involvement

Due to the decrease in volunteers and their availability, the Fire Company recently contracted with Memorial Hospital for an onsite EMT certified driver whose hours are M-F, 6:00 a.m.-6:00 p.m.  The results have been faster response times and also peace of mind knowing that someone is always available during those periods of peak activity.  Chairman Worley inquired about cost-sharing with neighboring companies.  The Chief responded that discussions are already underway.

PUBLIC COMMENT in reference to agenda items only.
Gary Baker, 116 Two Churches Road, East Berlin, is insistent that the Township is not in compliance with the Sunshine Law regarding the advertisement of meetings.

Dan explained, as he had last month, that it’s being done properly.  Solicitor Beneventano concurred.

POLICE REPORT
Chief Michael Weigand submitted his report for the period January 1, 2009 – February 8, 2009.  There were 260 calls for service; 397 duty man-hours logged, 5,046 miles patrolled, and 60 training hours logged.  There was no DUI Enforcement Patrol participation; however, there was one DUI arrest.

The next Crime Watch Meeting is Thursday, February 26, 2009 at 7:00 p.m. at the Township Building.

The Safety Tip of the Month is to beware of increased possibilities of ID theft and thefts due to the economic decline and rising unemployment.  Be sure to report any incidences of the same and/or suspicious activity.

The Police Department, like the Fire Company, is participating in the SADD program titled “Every 30 Seconds” being held May 5, 2009 at Bermudian Springs.  Chief Weigand outlined some of the planned activities.

The following training was conducted:

1. Annual mandatory updates
2. CPR, AED and First Aid
3. Firearms qualifications

Chief Weigand reported on the following meetings:

1. Last month he attended a meeting of the Route 15 Corridor Traffic Safety Study Committee.  Latimore Township does not currently qualify for the Smooth Operator Grant; doesn’t meet the thresh hold for accidents on that stretch.  He appealed to Wayne Harper, Director of the PA Center of Traffic Safety, for a variance since the corridor sits in the middle of two other qualifying corridors.  Mr. Harper agreed to look into the matter.  Note:  If approved, grant money would be received to cover the cost of increased police patrol on the corridor.
2. Tomorrow, February 10, 2009, is the Drug Task Force Committee meeting.
3. Wednesday. February 11, 2009, is the county-wide Safe Schools meeting to discuss the Safe Schools Response Plan

Chief Weigand concluded his report by noting his request for Executive Session to discuss some pending legal matters.

COMMITTEE REPORTS
Engineer's Report:  Engineer John Shambaugh had no report.

Road Report:  Woody reported that the Road Crew had plowed snow, salted roads, worked on the snow equipment and spreader, maintained vehicles, and conducted some ditch work on Pondtown Road.  The Road Crew has been filling potholes on dirt roads. He noted that work had been hampered recently by extremely cold weather.

Park Report:  Woody had nothing new to report.

SOLICITOR'S REPORT
Solicitor Guy Beneventano initially said he had no report.  Chairman Worley asked him for an update in the Jeff Shull case whom York Springs Borough had sued for inappropriate action during a specified time when the Police Commission was still operational.  Mr. Shull is a resident of York Springs.

Solicitor Beneventano reported that he had obtained a copy of Judge Kuhn’s decision finding that Mr. Shull did not violate the law and dismissed the surcharge action.

However, in a related matter, York Springs Borough has since filed a claim against the now-defunct Police Commission for assets, claiming they (the Borough) had overpaid and Latimore Township had underpaid.  A letter has been written to Judge George requesting him to review and dismiss the claim since Mr. Shull was not found to have acted inappropriately.

PLANNING COMMISSION:  subdivisions/modules/land developments.

Dan made a motion, seconded by Larry, to send the modules for Alice Huffman to DEP.  All agreed and the motion carried unanimously.

OLD BUSINESS

Chief Mike Weigand has procured an agreement with Battlefield Harley Davidson for use of a motorcycle at the cost of $1.00/year for two (2) years.  Dan made a motion to ratify the agreement and pay BHD as proposed; Woody seconded.  The motion carried by unanimous vote.

NEW BUSINESS

1. Chairman Worley made a motion, seconded by Woody, to advertise for Stone and Oil Bids.  All approved and the motion carried.
2. Dan made a motion to approve the appointment of John Lerew to a 4-year term as a Member of the Planning Commission.  Larry seconded and the motion carried unanimously.
3. Dan made a motion, seconded by Woody, to approve the appointment of Joe Reever to a 5-year term as a Member of the Park Board.  All agreed and the motion carried.
4. Dan then made a motion to approve the appointment of the following individuals to a 5-year term as Members of the Ag Security Board:  Lawrence E. Dost, John Hinkle II, Patricia Lee, and Joe Lerew.  Woody seconded and the motion carried unanimously.

BILLS LIST
Upon review, Larry made a motion, seconded by Woody, to accept the Bills List as submitted.  The motion carried unanimously.

PUBLIC COMMENT
Everett Weiser asked if there is an ordinance for wind machines (windmills).  John Shambaugh indicated that since “use is not provided” in the ordinance, i.e. there’s nothing written, the ordinance directs the Zoning Hearing Board to review the matter.  Dan noted this issue should perhaps be reviewed and discussed.

Mr. Weiser complained that rain water is not running in the side gutters along Bushey School Road; it runs down the road.  The road itself is not in good shape and needs attention.

Gary Baker, 116 Two Churches Road, East Berlin, shared his personal experience with windmills in a nearby development, noting that a re-manufacturing of the nose cone resulted in significant noise reduction.  Mr. Baker commented about rain water on Two Churches Road.

Chris Bergman asked about the Jeff Shull/Latimore Police issue.  He stated he would like interaction and discussion back and forth during Public Comment.  Mr. Bergman also asked for clarification about the extent of the Zoning Board’s jurisdiction with regard to windmills.  There was someone parked in a Handicapped Parking space that did not appear to belong there.

SUPERVISORS' COMMENTS
Supervisors Larry Dost and Woody Myers had no comment.

Chairman Worley addressed the points raised as follows:

1. Bushey School Road is on the schedule for re-doing this year.
2. It is appropriate to go before the Zoning Board concerning windmills.
3. Two Churches Road will be reviewed.
4. Jeff Shull was President of the Police Commission at the time of the Regional Police.  The original contract specifying the financial obligations of York Springs Borough and Latimore Township was drawn up in 1979 and had never been updated.  When increased funding was recommended, the Borough said, “No,” the Regional Police was dissolved, and $70,000 in regional police assets was frozen.
5. In the past, interaction frequently became disorderly, argumentative and lengthy; the current system maintains order.  If a concern or question is not addressed satisfactorily, the Supervisors are available after the meeting for further discussion and discourse.
6. Zoning for windmills will have to be addressed.
7. The Handicapped Parking spots will be addressed, violator(s) will be put on notice, and every effort will be made to keep the spots available for those who rightfully need them.

There will be an Executive Session following this meeting.

Dan made a motion to adjourn seconded by Woody.  The motion carried unanimously and the meeting was adjourned at 6:52 p.m.

The next meeting is Monday, March 9, 2009, at 6:00 P.M.