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Hegins supervisors address alleged Sunshine Act violation

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HEGINS — Questions about a possible Sunshine Act violation, firecracker disturbance and potential windmill construction drew more than 40 people to Wednesday’s Hegins Township supervisors meeting.

Resident Darrell Huntsinger said after filing a Right To Know request for audio township meeting minutes for early 2015, he was mistakenly provided with an audio recording from a Jan. 6, 2014, meeting from township secretary Cathy Moyer.

In that 2014 recording, Huntsinger said, information can be heard following the public meeting, which concluded at 7:25 p.m. Huntsinger had also requested written minutes from that January 2014 meeting, which he was also provided by Moyer. Those minutes contain no record of what Huntsinger described as a “second meeting”.

Speaking on that recording, Huntsinger said, are former supervisor Chad Richards, current supervisors Mike Begis and Brad Carl, Hegins-Hubley Authority manager Demetrius Kasmari, Alfred Benesch & Co. engineer Dave Miller and Moyer. Huntsinger said they were talking about the Act 537 sewer plan.

“Is that a Sunshine Law violation?” Huntsinger asked the current supervisor board and township solicitor Donald G. Karpowich. All supervisors were present Wednesday, including Begis and Carl, as well as Chairman Gary Harner, Vice Chairwoman Sandra McCullough and Bruce Klouser.

Karpowich said if they were making decisions, then that would be a violation.

“No one should be making decisions privately,” Karpowich said.

Begis implied that Karpowich already had knowledge of what Huntsinger was presenting.

“None of that is true,” Karpowich replied. Begis suggested Huntsinger file a complaint, if he believed there was a violation, and to “contact the newspaper and run with it.”

Roger Wetzel, who’s one of the appellants in the upcoming appeal of the township’s joint Act 537 plan with Hubley Township before the Pennsylvania Environmental Hearing Board on April 19, said that same recording Huntsinger brought up also made reference to another meeting that may have been held at Benesch’s office. That meeting included Carl, Richards, Fred “Fritz” Bowman from the Hegins-Hubley Authority, Hubley Township representatives and Kasmari, Wetzel said.

“That meeting never came to light,” Wetzel said. He said in that recording engineer James Rhoades Jr. is indicating that site 6 is where the new plant was going to be located. “Did that meeting take place?” Wetzel asked.

Carl and Begis both said they did not attend, if there was a meeting. Begis also said, in reference to the Sunshine Law, that informational meetings where no decisions are made are allowable and are not a violation.

In other matters, resident Carol Stehr said her and her neighbors in Valley View have been dealing with someone setting off firecrackers nearly every day for the past two years. The firecracker noise ranges from small pops to larger bangs, making some people walking by think they are being “shot,” she said. It also scares pets, another resident said. Stehr suspects some of the fireworks may also be of an illegal size or type.

Police Chief Steve Lohr said he had patrolled that area several times, and that the firecrackers aren’t going off all of the time. He said there’s not much that can be done, based on the township’s current noise ordinance, unless the firecrackers are going off past 10 p.m.

“What am I going to do. Illegally arrest them?” Lohr said.

Carl made a motion, and the supervisors agreed to ask Karpowich if he could draw up a model fireworks ordinance. Karpowich said he’d bring a couple samples of ordinances to next month’s meeting and the supervisors could consider tailoring the ordinance for their community.

Jeff Kline, of Schwenks Road, asked if the supervisors had heard the status of the proposed windmills from Trade Wind Energy. Kline said he noticed some of the monitoring towers put in the township were taken down. An audience member said the windmills are still being considered. The supervisors were unaware of any updates.

Another resident, Kris Wetzel, asked if the supervisors would consider reviewing the township’s current wind turbine ordinance. He said details such as the distance from property lines to the turbines and the allowable size of the towers could be addressed.

The supervisors agreed to have Karpowich review the wind turbine ordinance. Karpowich said the current wind ordinance is not included in the township’s zoning ordinance and suggested that it should be. Kris Wetzel, on behalf of the Tri-Valley Little League, also thanked the township for the clay and maintenance of the ballfields.

In other matters, Carl questioned a bill from Karpowich in regard to the costs of his legal services and asked for an explanation. Carl said Karpowich’s bills were $550, $500 and $450. By comparison, the township’s other solicitor charged $225 per meeting. Karpowich said, “I charge for the time that I’m here.” His rate is $100 an hour, he said, and his fees also include drive time. On average, it takes about 45 minutes, one-way, for him to get to the meetings, he said. Klouser also noted that the township’s meetings have been running longer than they used to run.

In his police report, Lohr said there would be an increased police presence on Schwenks Road, and speed lines would soon be placed there. He also reminded motorists that they cannot go through an intersection where a bus is dropping off students, no matter where the vehicle is in reference to the bus. Lohr said he’s already received several complaints about people ignoring the law, and many grade-school students don’t watch the traffic as they’re exiting. There were 103 incident reports for March 2016, and police logged 2,534 miles.

In other business, the board:

• Heard from Road Foreman Craig Coleman of this year’s proposed road projects. The township is planning to pave Chestnut Street, and plans to seal coal Park Lane, Klinger Road, Farm Lane and Industrial Road. Coleman said he also asked Sterman Masser Inc. if the township could use Masser’s property as a turn-around point, due to fencing being placed along Locust Street. Masser had agreed to that, Coleman said.

• Approved a pay increase for laborers mowing grass from $8.50 an hour to $10, upon a request by Carl. Coleman said the last time there was a pay increase was in 2008.

• Accepted a letter of resignation from Patsy Miller from the planning commission and announced the township was accepting inquiries from anyone interested in filling the vacancy.

• Approved a resolution for Sandra L. Renninger, Hegins, to become a member of the zoning hearing board.

• Heard an engineering report from Ty Leinneweber, of Lehigh Engineering, in regard to replacing a box culvert on East Mountain Road. Supervisors agreed to advertise to have someone remove the old box and place the new one, with the township road crew completing any remaining fill work. They hope to advertise in May, open bids in June and try to complete the project during the dry weather months, hopefully finishing by the end of August.

• Heard a report from Ralph DeFrain with Keystone Communications in regard to the radio communication system. Supervisors approved purchasing five radios from the Hegins Area Ambulance Association at $600 and purchasing three new VHF radios from Keystone at $3,843.74, for a total of $4,443.74.

• Accepted the treasurer’s report, as read by Moyer, showing income of $252,854.93; expenses of $76,696.50; with total assets as of March 31, of $432,285.27.

• Approved a resolution naming Moyer as the representative to handle the FEMA reimbursement from winter storm Jonas.

• Approved closing Park Lane from April 15-17 for a ball tournament.

• Will advertise to sell the old cinder spreader with The Citizen-Standard.


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