LATIMORE TOWNSHIP
BOARD OF SUPERVISORS
P.O. Box 218, York Springs, PA 17372
717-528-4614; Fax 717-528-8281
Regular Meeting
September 24, 2008
Present: Chairman Daniel Worley, Vice-Chairman Larry Dost, Supervisor Elwood “Woody” Myers, Engineer John Shambaugh, Secretary Valena Garlin and visitors listed on the attendance sheet. Solicitor Guy Beneventano was unable to attend.
Chairman Worley called the meeting to order at 6:00 p.m. and led everyone present in the Pledge of Allegiance to the Flag.
Prior to the start of business, Dan offered words of respect, confirmed by Larry and Woody, honoring the life and service of Latimore Township Police Officer Sgt. Michael C. Weigand, Jr. who died September 14, 2008 as the result of a traffic accident while participating in a fund-raiser for the township park.
Chairman Worley made a motion 1) to approve the Minutes from
the August 11, 2008 meeting, 2) to approve the Treasurer's Report of August 31,
2008 and 3) to ratify all checks written during that timeframe. The
motion was seconded by Larry Dost and carried unanimously.
PUBLIC COMMENT in reference to agenda items only.
There was none.
POLICE REPORT
Chief Michael Weigand reported on the period from August 11 – September 22,
2008. He noted there were 233 calls for service, 361 duty man-hours and 4,697
miles patrolled. There were 24 traffic citations issued, five (5) warnings,
and four (4) non-traffic citations. The Department participated in one DUI
Checkpoint in Cumberland Township. In addition, Chief Weigand noted that the
overall totals included an increased number of weeks in this report.
Larry Dost asked for details about a reported air gun incident; Chief Weigand explained the circumstances and that there were no injuries.
The next Crime Watch Meeting is Thursday, September 25, 2008 at 7:00 p.m. at
the Lake Meade Fire Company.
The Safety Tip of the Month is to be aware that Halloween is coming soon. If
residents are a victim of vandalism, please report any incidents to the
police. Also, please be on heightened alert for children participating in
Trick-or-Treat. Parents are encouraged to have children wear reflective
clothing for increased visibility to motorists.
Concluding his report, Chief Weigand then expressed deep appreciation on behalf of his family for the outpouring of support from all over the United States (cards, letters, visits, flowers) in response to Mike, Jr.’s death. He then requested indulgence as he read letters from the following individuals as a small sample of those received:
1. Chief Michael Fisher, San Diego Sector Border Patrol,
2. Sgt. Erik Baker, Maine Criminal Justice Academy
3. The Honorable Arlen Specter, Member, U.S. Senate
4. Chief Michael Weigand, Latimore Township Police
He also mentioned that the following dignitaries attended the funeral: PA State Representatives Dan Moul (District 91, Adams Co.) and Steve Nickol (District 193, York Co.), and U.S. Representative Todd Platts (PA 19th Congressional District, York and Adams Counties and parts of Cumberland Co.). In addition, PA Senator Jane Orie (District 40, parts of Allegheny and Butler Counties), sent a letter of condolence.
Chief Weigand noted that the funeral procession and related activities were arranged by the Adams County Chiefs of Police Association; the Sheriff’s Department posted deputies at his house to assist with supporters and the media. The family was most grateful.
In conclusion, Chief Weigand shared that he had posted a message of thanks on the National Teletype to all law enforcement agencies from the Latimore Twp. Board of Supervisors, the township and community served by Mike, Jr., and the family.
Dan requested that copies of the letters read be made part of the minutes and again expressed deep sympathy to the family and great appreciation for Mike, Jr.’s service. Larry and Woody concurred.
COMMITTEE REPORTS
Engineer's Report: Engineer John Shambaugh reported that Mr. Ruby, Wolfe’s
Auction, requests yet another extension. After much discussion, Dan
recommended that if an extension is approved, it should be noted that this will
be the last one granted since delays appear to be due to inaction on Mr. Ruby’s
part. Larry made a motion, seconded by Woody, to grant Mr. Ruby a 90-day
extension. All agreed and the motion carried unanimously.
Road Report: Woody Myers reported that County Line Road is finished
as is seal coating on all the roads on the list.
Park Report: Woody reported that 4” of stones has been laid and felt laid on top of that. Work is continuing to lay wood chips on top of the felt. Once that’s completed, the playground equipment will be ready for use.
SOLICITOR'S REPORT
Solicitor Guy Beneventano was unable to attend the meeting due to a
conflict; there was no report.
PLANNING COMMISSION: subdivisions/modules/land developments
No business
OLD BUSINESS
There was none.
NEW BUSINESS
1. MMO PMRS: Woody made a motion, seconded by Larry, to approve the Minimum Municipal Obligation for pensions. All agreed and the motion carried by unanimous vote.
2. MMO Principle (Police): Larry made a motion, seconded by Woody, to approve the Minimum Municipal Obligation for the Police. All agreed and the motion carried by unanimous vote.
3. New Zoning Ordinance and Map: Dan noted that the original meeting had been cancelled and the Solicitor missed the advertising deadline by one day. Therefore, the new zoning ordinance and map will go to a vote at the October 2008 meeting.
4. Resolution to sell township surplus equipment and supplies: By way of background information, Chairman Worley reviewed the purchase of the current police vehicle for $1,000 and the anticipated grant of $10,000 for the purchase of a new police vehicle. The current vehicle served the purpose when the Township was transitioning to its own Police Dept., but it’s old and no longer functioning properly. The plan is to sell it at Wolfe’s Auction and purchase a new vehicle with the grant money and the proceeds of the sale (which is expected to be less than $1,000). For the best price, the new vehicle will be purchased through the State Piggy Back Program; Dan emphasized that safety will not be compromised. He then made a motion, seconded by Larry, to pass a resolution allowing the sale of township surplus equipment and supplies. The motion carried by unanimous vote.
5. Purchasing Police Car through the State Piggy Back Program: Dan made a motion, seconded by Larry, to purchase a new police vehicle (2008 Dodge with the police package) as soon as the grant money comes in. All agreed and the motion carried unanimously.
6. Waste Management Extension: Dan made a motion, seconded by Woody, authorizing an extension of the Municipal Waste contract for one (1) year at the same price. The motion carried by unanimous vote.
BILLS LIST
Upon review, Larry made a motion, seconded by Woody, to accept the Bills
List as submitted. The motion carried unanimously.
PUBLIC COMMENT
Chris Bergman, 57 Ridge Road, York Springs, expressed condolences to the
Weigand family. Mr. Bergman then asked how the changes in the new subdivision
ordinance will affect those who had sales already in progress. Secondly, he
wondered if any additional equipment and supplies besides the old police car
were slated for sale. If so, he’d like a list made public so that Township residents
could have the opportunity to bid on them. And thirdly, Mr. Bergman requested
a copy of the Waste Management contract for review.
Kay King expressed concern about County Line Road being fixed in front of her chicken houses.
Kim Weigand, Sgt. Mike Weigand, Jr.’s mother, added her deep and heartfelt appreciation for the support and friendship of the Township in the wake of Mike, Jr.’s death.
SUPERVISORS' COMMENTS
Chairman Worley made the following comments:
1. When a new ordinance is advertised, it comes under the Pending Ordinance Doctrine until the time of advertising is complete. Anything in process up to that point goes under the old ordinance. John Stambaugh, Township Engineer, confirmed.
2. Nothing besides the old police vehicle is currently scheduled for sale. At such time in the future when items become available for sale, the public will be informed.
3. The Waste Management contract is a matter of public record; please submit a formal (written) request to Township Secretary Valena Garlin. As a matter of procedure, she will have it prepared within five (5) days and will call Mr. Bergman within that timeframe when it’s available for pick-up. If, by chance, he misses the phone call, he is welcomed and encouraged to follow-up himself.
Supervisor Woody Myers responded to Mrs. King, assuring her that her road will be finished; the road crew has been waiting for it to harden, then will build up the edge. To do so too soon when it’s still soft would likely break it. Mrs. King responded that there’s still a good bit of run-off that stays in the parking lot. Woody replied that a side gutter had been put in, but that’s a very low spot and Mrs. King may have to put stones in that section.
Vice-Chairman Larry Dost read the following Memorandum received by the Latimore Township Supervisors and John L. Shambaugh, P.E., from Guy P. Beneventano, Esq., dated September 24, 2008, concerning Plank Road:
With respect to Plank Road, Judge Kuhn entered an order on September 16th dissolving the Board of View he had appointed in late July. He has also permitted the petitioners (the Williamses, the Deiblers, the Goldens) to withdraw the exceptions they filed to Ordinance No. 2007-1 (the one vacating part of Plank Road).
Please recall that the exceptions to Ordinance No. 2007-1 were put on hold while the court reviewed the allegations of contempt that the petitioners made against the supervisors. Once the contempt matter was resolved in the Board’s favor, the court then turned its attention to the exceptions, meaning that the court would finally be focusing on the issue of whether there is a legitimate government purpose behind the adoption of Ordinance No. 2007-1.
Now, with the withdrawal of the exceptions by the petitioners, the challenge to Ordinance No. 2007-1 is officially over. The ordinance itself is valid, and the part of Plank Road described in the ordinance is officially closed.
Larry noted that Solicitor Beneventano had requested the text of the Memorandum be made part of the minutes.
There will be an Executive Session immediately following this meeting.
Larry made a motion to adjourn seconded by Woody. The motion carried unanimously
and the meeting was adjourned at 6:45 p.m.
The next regular meeting is Monday, October 13, 2008 at 6:00 p.m.