LATIMORE TOWNSHIP
BOARD OF SUPERVISORS
559 Old US Route 15, York Springs, PA 17372
717-528-4614; Fax 717-528-8281
Regular Meeting 6:00 P.M.
July 13, 2009
Present: Chairman Daniel Worley, Vice-Chairman Larry Dost, Supervisor Woody Myers, Solicitor Guy Beneventano, Township Engineer John Shambaugh, Secretary Valena Garlin and visitors listed on the attendance sheet.
Chairman Worley called the meeting to order at 6:06 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 June 8, 2009 meeting, 2) to approve the Treasurer's Report of June 30, 2009 and 3) to ratify all checks written during that timeframe. The motion was seconded by Woody and carried unanimously.
PUBLIC COMMENT (1) in reference to agenda items only.
None
POLICE REPORT
Officer Todd Dunlap began the Police Report with two (2) invitations/reminders
to Township residents:
For the period June 7, 2009 – July 9, 2009 there were 220 calls for service, 359 duty man-hours logged and 5,915 miles patrolled. There were 67 traffic citations issued, 13 warnings, 12 lighting, four (4) duty of drivers in an emergency zone, four (4) non-traffic citations and participation in one (1) each D.U.I. checkpoint and drug enforcement. There were also four (4) fireworks permits issued.
The next Crime Watch Meeting is Thursday, July 23, 2009 at 7:00 P.M. at the Township Building.
Larry Dost asked for clarification of the Duty of Drivers in an Emergency Zone enforcement. Officer Dunlap explained that enforcement is often executed in conjunction with other police forces, including the State Police, so that no one is leaving the original scene if a vehicle violates the ordinance and does not move over when possible.
Chairman Worley then made a motion, seconded by Larry, to approve the Police Patrol Agreement between Bermudian Springs School District and Latimore Township with the standard 3% increase. All agreed and the motion carried unanimously.
COMMITTEE REPORTS
Engineer's Report: Engineer John Shambaugh presented the revised Planning
Modules for the John and Cheryl Hinkle Bushey School Road Plan. Dan made a
motion to approve the revised planning modules. Woody seconded and the motion
carried by unanimous vote.
Road Report: Woody reported that the Road Crew has cleared brush and side gutters, patched roads and mowed. He also reported that the Township was able to bid on and purchase a roller through the State for $1,100. He noted that renting a roller is $3000/month; therefore, the purchase resulted in significant savings to the Township.
Park Report: Woody reported that paving material for the walking trail had been received and will be laid soon. Also, July 25, 2009 has been scheduled (weather permitting) for the installation of a split rail fence along Pondtown Road.
Larry commented that he has had excellent positive feedback concerning the park noting, however, that a resident asked if benches were planned or could be installed. Woody answered, “Yes,” but not until the roads affected are seal-coated in order to avoid unnecessary hassle and mess. He added that benches have already been purchased
Dan commended Woody and his crew on the continued success and usage of the park.
SOLICITOR'S REPORT – Guy Beneventano
Proposed new SALDO Ordinance to County Planning for comment:
As directed by the Board of Supervisors, the Solicitor reported he had submitted the proposed new Subdivision and Land Development Ordinance (SALDO) to Adams County Planning Commission on June 12, 2009 for its review and comment. The next step is to hold a Public Hearing no sooner than 45 days from submission (at least July 27, 2009). He will forward County Planning’s response to the Supervisors and the Township Engineer for review upon receipt. The Supervisors agreed to Solicitor Beneventano’s recommendation to hold the Public Hearing on August 10, 2009 at 5:30 P.M. just prior to the August monthly meeting. They also directed him to advertise the same. Guy noted if there are no significant changes, the Board can adopt the Ordinance at the September meeting, confirming Woody’s question that the vote may not be taken on the same day as the Public Hearing.
Termination of the Joint Latimore Township/York Springs Police Commission:
By way of background, three (3) years ago Latimore Township gave notice to terminate the then Joint Latimore Township/York Springs Police Commission and actively began the dissolution process after the required one (1) year waiting period. As the result of involvement by Judge George, Court of Common Pleas, Adams County, the Commission proceeds have been held in escrow for the past year. The Solicitor reported that York Springs Borough did not bring any action against Latimore Township relative to the municipal claims of overpayment by the deadline of July 2, 2009 in accordance with Judge George’s most recent order. Therefore, the Commission can now distribute proceeds in accordance with the Court’s approved formula (already reported to the Supervisors) which will end the activities of the now-defunct Police Commission. Guy then distributed copies of the letter he had sent to Judge George putting him on notice that Latimore Township is taking steps to wind up all affairs.
Pennsylvania Supreme Court’s denial of Township’s petitions for allowance of appeal in Rickert & Junkins and Weiser cases:
Solicitor Beneventano reported that the PA Supreme Court has refused to accept the Township’s appeals from the rulings of the Commonwealth Court. According to Commonwealth Court, final plans substantially similar to the deemed approved preliminary plans must be approved notwithstanding any zoning concerns of the Board of Supervisors. Since the Supreme Court refused to hear the appeals, the Board is required to sign the final plans of Rickert and Weiser.
Guy acknowledged the Board’s opinion that serious zoning concerns and questions remain with both plans based on County Planning’s detailed and material analysis. Those issues can be addressed later principally by Mr. Shambaugh, the Zoning Officer and the Zoning Hearing Board.
Larry Dost questioned if new plans would be submitted since approval would be for plans already submitted. Guy answered, “Yes,” but only the date should change. He assured Vice-Chairman Dost that both he and the Township Engineer would carefully review the newly-submitted plans for any changes.
Chairman Worley noted the Supervisors had long ago denied the plans. Solicitor Turo’s Law Office was supposed to send a letter within 15 days which it failed to do. The Board had promptly fired Turo’s Law Firm, decided against a costly protracted malpractice suit and hired Mr. Beneventano. Dan acknowledged that Guy had inherited the resulting uphill battle caused by oversight and a mere technicality by the prior solicitor.
PennDOT Standards and the Color of Road Signs:
In answer to questions raised about the color of Township road signs, Guy reported there is currently nothing in the Township Code regulating the color of road signs. He then gave his interpretation of PennDOT Regulations as set forth in the Pennsylvania Code as follows:
Much discussion ensued due to conflicting opinions and interpretation of information received when the Supervisors had researched the issue with State Representative Tallman’s office and with Rick LeVan, who is in charge of District Eight. Latimore Township is included in this district.
It was determined that Solicitor Beneventano would provide the Board with a thorough written response at the next Supervisors Meeting, once he had all the facts and had spoken with Mr. LeVan.
Revisit Dissolution of Joint Police Commission:
Larry asked how the Board should specifically proceed. Guy indicated that the Commission, comprising of three (3) Township representatives and two (2) Borough representatives, should hold a final meeting, disburse the funds and close the bank account(s). The Board directed Guy to send a letter to all the representatives proposing a date early to mid-August, request a response by a specific date, then advertise the meeting accordingly.
PLANNING COMMISSION: subdivisions/modules/land developments.
Nothing to discuss
OLD BUSINESS
None
NEW BUSINESS
None
BILLS LIST
Upon review, Larry made a motion, seconded by Woody, to accept the Bills
List as submitted. The motion carried unanimously.
PUBLIC COMMENT
None
SUPERVISORS' COMMENTS
Dan noted there will be Executive Session following this meeting.
ADJOURNMENT
Dan made a motion to adjourn, seconded by Woody. The
motion carried unanimously and the meeting adjourned at 6:55 P.M.
The next meeting is Monday, August 10, 2009 at 6:00 P.M.