The Scott Township Board of Supervisors met on the above date in the Municipal Building, 350 Tenny Street (Espy), Bloomsburg, PA. The meeting was called to order at 7:00 p.m. and opened with the Pledge of Allegiance to the Flag. In attendance were Supervisors: Jeffrey Dawson, Frederick Ackerman, Jr., Chris Brewer, William Hafner, and Olin Shotwell. Also in attendance were: Maintenance Supervisor Don Coleman, Police Sergeant Russell Lawton, Solicitors Gary Norton and C. Brian Crane, and Secretary/Treasurer Eric Stahley.

QUESTIONS FROM THE AUDIENCE
None appearing.

APPROVAL OF MINUTES
Minutes of the September 11, 2007 meeting were presented for approval. Mr. Hafner made a motion to approve the minutes as presented; Mr. Ackerman seconded. Motion carried 5-0.

APPROVAL OF BILLS TO BE PAID
The General Fund bills to be paid were presented as check numbers 9139—9170 for $77,694.70. The Liquid Fuel Funds bills to be paid were presented as check numbers 1277—1278 for $56,801.61. In addition, Park Board Fund bills to be paid were presented as check numbers 318—319 for $102.20. Motion to approve the bills to be paid, totaling $134,598.51 was made by Mr. Shotwell. Mr. Ackerman seconded and the motion carried 5-0.

SUBDIVISION AND LAND DEVELOPMENT
Samuel Young, P.E., Larson Design Group, reviewed the Letter of Credit release request for Bennigan’s Grill & Tavern in a letter dated September 19, 2007. He recommended retaining $16,815.26 and releasing $168,152.60. Mr. Shotwell made a motion to release the recommended $168,152.60. Mr. Hafner seconded and the motion carried 5-0.

Samuel Young, P.E., Larson Design Group, reviewed the Letter of Credit release request for the Shiloh Bible Church Land Development in a letter dated September 18, 2007. He recommended that the remaining surety be released. Mr. Shotwell made a motion to approve the release of the remaining funds. Mr. Brewer seconded and the motion carried 5-0.

OLD BUSINESS
Regarding the Brentwood Estates swale and stormwater problem, Mr. Norton stated the letters to the residents were sent on September 12. The next step is to wait for the residents to correct the situation. Mr. Mel Stojakovich was present at the meeting and circulated a copy of the Subdivision soil plan. Discussion ensued regarding the approval dates of the original subdivision submittal for the Brentwood development. Mr. Norton stated the signatures on the approved plans indicate the design plans have been approved, not that site improvements have been completed. Mr. Stojakovich stated he spoke with Ted Oman, P.E., regarding the status of the swales on undeveloped lots. Mr. and Mrs. Heintzelman constructed their house recently, and did not own their lot at the time the swale was changed. Mr. Stojakovich provided pictures of the existing swales to the Board and explained the photos. He stated the property owners did not alter the swale but the contractor did. Mr. Norton explained according to the Ordinance, it does not matter who altered it, it is the owner’s responsibility to repair. Discussion ensued regarding responsibility of the homeowners versus the developer, and if the swales were installed and inspected originally when the development was approved. Mr. Norton said that cost was discussed at a previous Board of Supervisors meeting, and the repairs should cost approximately $12,000. Mr. Shotwell stated he is willing to withdraw the Township support for the project and let the responsibility to the property owners to sue the developer civilly. Mr. Brewer stated the Board must consider how the downstream properties are affected by the runoff from the Brentwood Development. Mr. Dawson added the Township has the responsibility to care for the downstream properties as well. Mr. Brewer stated that he feels the developer and his excavator created this problem by not maintaining the swale properly, and the developer is not interested in correcting the problem. Mr. Madalis stated that the swale behind his house was never installed properly. Mr. Norton stated that the proof needed to determine who did what to the swale will be determined when people testify as to their involvement in the project. Since we are not yet at that point, no proof of whom did what at what time can be provided. Mr. Shotwell made a motion to drop the project and cease trying to find a solution to the problem. Mr. Dawson asked whether the Township is liable for the excess water dumped on the properties downstream from the development. Mr. Dawson asked if the Township can perform the necessary swale work, and place liens on the properties involved for the cost of the repairs. Mr. Norton suggested the first question is better answered in an Executive Session, and the answer to the second question is yes, the properties are not in compliance with the Ordinance. Mr. Stojakovich stated that it was not his intention to try and stonewall the project; he is trying to work with the Township to make the necessary repairs. He also stated that he felt the November 1 deadline was unrealistic, and that the deadline should be extended until the spring when the work can be done properly. He asked whether the Board would be inclined to extend that deadline until the spring if the November 1 deadline was an obstacle.

The Board adjourned into executive session at 7:20 p.m. to discuss legal matters. The Board reconvened at 7:33 p.m.

Mr. Brewer proposed to extend the deadline for repairing the swale until May, that the Township be responsible for doing the work, and that the Township bill the property owners on a per lineal foot basis for the repairs to the swale. Mr. Shotwell asked what would happen if someone decided to fight paying such a bill. Mr. Norton suggested that the Board could decide at a later date what the policy would be if that were to happen. Mr. Brewer informed the Board that all of the neighbors downstream have talked to him about the water runoff problem in the area. Mr. Shotwell withdrew his motion to drop the project and cease trying to find a solution to the problem. Mr. Brewer made a motion to extend the deadline for repairing the swale until May, that the Township be responsible for doing the work, and that the Township bill the property owners on a per lineal foot basis for the repairs to the swale. In addition, the motion would authorize Mr. Coleman and Mr. Stahley to prepare the bid documents for review by the Board of Supervisors for the project. Mr. Shotwell seconded and the motion carried 5-0

The Board tabled the USDA Grant for the Fowlersville Road stream reconstruction until the solicitor has the opportunity to review the grant application.

Mr. Dawson made a motion to accept Mr. Robert Sorg’s resignation from the Planning Commission. Mr. Shotwell seconded and the motion carried 5-0.

NEW BUSINESS
Mr. Stahley presented the completed Minimum Municipal Obligation Worksheets for the Uniformed and Non-Uniformed Pension Plans. Mr. Hafner made a motion to accept the Minimum Municipal Obligations for 2008 as presented. Mr. Brewer seconded and motion carried 5-0.

Mr. Dawson made a motion to allow Trick-or-Treating on October 31 from 6:00 to 9:00 p.m. Mr. Shotwell seconded. The motion carried 5-0.

Mr. Ed Madalis stated that during the Valentine’s Day snow storm, he had trouble leaving the Brentwood Estates development. He stated he also had problems during a snow storm in March. Mr. Dawson explained the Maintenance Department concentrates on keeping the main roads open during a storm. Mr. Madalis stated his road was not plowed for twelve hours. Mr. Dawson questioned that and stressed the Township does the best job it can.

Mr. Dawson announced that a County Convention meeting is scheduled for October 16. He also drew attention to the letter regarding an October 1 meeting to discuss the transportation needs of Columbia County.

With no further business appearing, Mr. Hafner made a motion to adjourn the meeting. Mr. Shotwell seconded. Motion carried 5-0; meeting adjourned at 7:55 p.m.

Respectfully submitted,
Eric Stahley
Secretary/Treasurer