PINE CREEK TOWNSHIP

MEETING MINUTES - AUGUST 16, 2017 

 

The Pine Creek Township Board of Supervisors held their regular monthly meeting on August 16, 2017, at 10:00 a.m., with Supervisors Dennis Greenaway, James Moore and Thomas Wilt present.

Also present: Pam Smith, Carol Crawford, Justin & Carol Buttorff, Wilma Hackenberg, Allen Heisey, David Schultz of Jersey Shore Steel, Rob Ohl, R.S., David Custer, Police Chief Dave Winkleman and Robert D. O’Connor, Jr., Esquire 

Meeting Minutes

Supervisor Wilt asked for questions or comments on the minutes from July 6, 2017 monthly meeting, there being none, Supervisor Moore made a motion to approve the minutes as presented; seconded by Supervisor Wilt, MCU. 

Financial Report & Invoices 

Supervisor Wilt asked for questions or comments on the invoices and financial report, there being none, Supervisor Moore made a motion to approve the invoices and financial report as submitted; seconded by Supervisor Wilt, MCU. 

Public Participation

Pam Smith 

Resident Pam Smith said she is concerned about the safety of those riding bicycles on township roads and suggested the Supervisors consider installing signs and creating a bicycling lane. 

Supervisor Wilt explained that there are State laws in place requiring motorists to allow four feet of clearance when passing bicyclists and said the Township does not have enough right-of-way along its roads to add a bicycle lane. 

Ms. Smith requested the Supervisors consider installing street lights on Third and Fourth Street. 

Supervisor Wilt indicated that if street lights are installed, a street light assessment based on property frontage would be assessed to property owners for those lights as is the case for property owners living along Park Avenue in Woolrich. 

Ms. Smith complained about neighbors burning plastic and inquired as to whether the Township has a burning ordinance. 

Supervisor Wilt confirmed that the Township does have a burning ordinance which prohibits burning plastic and suggested that Ms. Smith call Code Enforcement Officer Terry Crawford when her neighbors are burning in order for him to address the situation. 

Ms. Smith also questioned if her neighbor may use his property for a repair garage as he has vehicles up on blocks continuously and she is concerned that a child will go onto his property and get hurt. 

The Supervisors indicated that there is nothing the township can do with regard to her neighbor having vehicles up on blocks and should anyone get hurt on the property; the property owner would be liable. 

Supervisor Wilt told Ms. Smith that he presented the letter she sent to the Supervisors about providing road materials to a Township resident.  He explained that the material is from street sweepings and after the Township seal coats a road they sweep the road and that material is available to residents upon request.  He suggested that Ms. Smith contact the Township and request the street sweeping material for her property. 

Carol Crawford 

Resident Carol Crawford spoke to the Supervisors about a water issue she had during the last storm and said she would like to partner with the Township to resolve the water problem. 

Mrs. Crawford has resided on Sulphur Run Road for over 35 years and started having water problems in 2010 which she believes may be caused in part by development and improvements being made on neighboring properties. 

After meeting with representatives from the Clinton County Conservation District on August 4th, they made several recommendations as to how the water problem could be resolved, one of which included dredging the stream. 

Supervisor Wilt said the Township would be glad to dredge the stream but that falls under DEP and the Township has no authority to go in and dredge the stream. 

Mrs. Crawford indicated that she has spoken to Paul Dembrowski of DEP and he agreed to go and look at the stream and suggested she apply for a permit and the application would be treated  as an emergency. 

Mrs. Crawford said she will do whatever she can on her property to resolve the water problem on her property without creating a problem for her neighbors and is only asking that the Township support those efforts. 

Supervisor Wilt made a motion that the Supervisors support Carol Crawford’s efforts to alleviate the problem with Sulphur Run leaving its banks during storm events; seconded by Supervisor Moore, MCU. 

Justin and Carol Buttorf 

Resident Justin Buttorf questioned why a metal plate was placed over the catch basin near their property. 

Supervisor Wilt said the plate was placed over the catch basin in an effort to keep water from gushing out and running onto the Buttorf property. 

A discussion was held regarding a possible broken pipe in Valley View Estates, installing an additional catch basin and cleaning out the catch basin near the Buttorf property. 

Supervisor Wilt indicated the Township is aware of the water problem and is working to find a solution to resolve water problem. 

Wilma Hackenburg – Water Runoff Problem 

Resident Wilma Hackenberg of Cryder Hollow Road requested the Supervisors clean out the ditch along the road and the pipe in front of her neighbor’s property which is filled with sediment because when it rains the water runs out onto the township road and is causing problems. 

Supervisor Wilt said that the pipes are the property owners’ responsibility but the Township, as a courtesy to residents, takes care of cleaning out those pipes when they are made aware that there is a problem and said he will have the employees clean out the pipe and the ditch as requested. 

Old Business: 

Winn/Custer Subdivision 

During the July Township Meeting, Surveyor Robb Ohl presented subdivision plans to the Supervisors for the Winn property located on Central Avenue next to the Dairy Queen and the matter was tabled to the August meeting to allow time for the Solicitor to review the Modification of and Partial Release from Lease and the Written Decision from the Zoning Hearing Board allowing the creation of two non-conforming lots. 

Solicitor O’Connor explained that the property where Natalie’s Crafts is located is in the Residential District operating commercially and is a non-conforming use and as long as it is in business the use will continue. 

The Modification of and Partial Release From Lease agreement is a personal agreement between the owner of the Dairy Queen and the owner of Natalie’s Crafts.  The agreement includes the provision that “said rights being personal to lessees and shall terminate when the business known as Natalie’s Crafts is no longer operated by either or both of the Lessees” and does not include “heirs and assigns”, so as the subdivision is currently presented conditions need to be made for that use.  

The problem is the property owner could end up with a non-conforming lot with no parking spaces because, according to the agreement, if the business is sold to a third party, the agreement for the six parking spaces does provide for those parking spaces to go to the new owner. 

Supervisor Wilt agreed stating there must be a covenant running with the property where Natalie’s Crafts is located because the agreement for parking spaces terminates with the change of ownership. 

Mr. Custer said it is possible that he can put in parking spaces in front of the building off of State Route 150. 

Zoning Officer Winkleman questioned using the right of way along Route 150 for parking and believes Mr. Custer would need to get something in writing from PennDot approving using the right of way for parking. 

Solicitor O’Connor told Mr. Custer he would need to obtain a Highway Occupancy Permit to use PennDot’s right of way for parking in front of the property.

New Business:

Heisey Barn 

Allen Heisey questioned the Supervisors as to what the Township requirements are with regard to rebuilding the Heisey barn at 2339 River Road which was destroyed by fire this year.

Zoning Officer Winkleman said the problem is that the barn was completely destroyed by the fire and even thought it can be rebuilt, it is in the floodway and approval must be obtained from DEP and the Zoning Hearing Board. 

Solicitor O’Connor explained that the use will be grandfathered in but the barn will have to be  one and one-half feet above the base flood elevation in order to comply with the Floodplain Ordinance. 

Zoning Officer Winkleman suggested Mr. Heisey work with an engineer and recommended Steve Bason or Dan Vassalo, adding that because the use is Agricultural, DEP is willing to “fast track” and decrease the cost of the DEP permit required to rebuild the barn. 

Supervisor Greenaway suggested that Mr. Heisey get the plans for the barn to the Township Zoning Officer as soon as possible and as soon as DEP issues their permit, the Township will schedule a zoning hearing. 

Co-Applicant Agreement for a Highway Occupancy Permit between Pine Creek Township and Avis Travel Plaza for Enclosed Surface Storm Water Facilities 

Solicitor O’Connor explained that due to PennDot regulations the Township is going to be responsible for the management and maintenance of the storm culvert on the PennDot right-of-way for the Avis Travel Plaza and presented a Co-Applicant Agreement for the HOP between Liberty Truckstop, Inc. and Pine Creek Township for consideration. 

The Agreement includes an indemnification clause that the Developer must either place money into an escrow account or issue a Bond so that if there is any cost to the Township in maintaining the storm water culvert they can get reimbursed for those costs by the Developer. 

Solicitor O’Connor noted that the agreement includes language that the agreement is binding on the heirs, successors and assigns of Liberty Truckstop, Inc., so should ownership of the business change, the agreement would remain in effect. 

Supervisor Wilt made a motion to enter into the Co-Applicant Agreement for a Highway Occupancy Permit for Enclosed Surface Storm Water Facilities with Liberty Truckstop, Inc.; seconded by Supervisor Greenaway, MCU. 

Donation Request - Farm-City Family Festival 

The Supervisors discussed the donation request from the Clinton County Conservation District for the Farm-City Family Festival and agreed to donate the same amount as in 2016. 

Supervisor Wilt made a motion to donate $100 to the Farm-City Family Festival; seconded by Supervisor Moore, MCU. 

Zoning Ordinance Update 

Secretary Macklem reported that the Planning Commission met with Nanci Scarcinello and Carson Helfrich during their July meeting to review the first draft of Sections I – IV of the Zoning Ordinance Update.  

It was the consensus of the Board of Supervisors to schedule a joint work session later this year with the Planning Commission, Supervisors and Nanci and Carson to review the Zoning Ordinance with the focus being on the approved uses in the various zoning districts. 

Designate Act 13 Funds for Zoning Ordinance Update 

Supervisor Wilt made a motion to use Act 13 Funds to pay for the Zoning Ordinance Update; seconded by Supervisor Moore; MCU. 

Approve Ambit Energy as Township’s Energy Generation Supplier 

Supervisor Wilt made a motion authorizing Secretary/Treasurer Darlene Macklem to change the Township’s energy generation supplier to Ambit Energy; seconded by Supervisor Greenaway; MCU. 

Resolution 08-16-2017 - The Fair Districts PA Clinton County Committee 

Resolution 08-16-2017 was presented to the Supervisors for consideration.  The Resolution supports the efforts of a non-partisan group of Clinton County residents, “The Fair Districts PA Clinton County Committee”, against “gerrymandering” which results in legislative and congressional redistricting that is detrimental to the democratic process. 

Supervisor Wilt made a motion to adopt Resolution 08-16-2017 in opposition to gerrymandering as presented; seconded by Supervisor Moore, MCU. 

Law Enforcement Report: 

The Law Enforcement Report presented included 216 incidents for the month of July and officers worked 436.25 hours, incidents included: 

  • Assist Others – 25
  • Citations Issued – 49
  • DUI – 0
  • Motorist Assist – 3
  • Motor Vehicle Accidents - 6
  • Follow-up – 46
  • School Bus - 0
  • Traffic Stop – 13
  • Training - 0
  • Verbal Warnings – 8
  • Written Warnings – 14
  • Criminal Mischief – 1
  • Dog – 0
  • Entry - 0
  • Harassment – 0
  • Hearings – 1
  • Ordinance - 2
  • Warrants - 0
  • Theft – 3
  • Other – 33
  • Domestic – 9
  • Hit-Run – 0
  • Bad Check – 0
  • Drug Incident - 1
  • EMS – 0

Chief Winkleman reported that there was an issue generating reports for police activities in other municipalities through the TRacs system and believes the problem has been resolved. 

Chief Winkleman also reported that he purchased the Stop Sticks and there is a set in each of the police vehicles.

There being no further business, Supervisor Greenaway made a motion to adjourn the meeting; seconded by Supervisor Wilt, MC and the meeting was adjourned at 11:00 a.m.

Darlene S. Macklem, Secretary