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89/39/1997 13:12
7177327919
EASTPENN5BOROTWP
PAGE 81
EAST PENN5BORO TOWNSHIP
sOARD OF COMMISSIONERS
SPECIA~ MEETING, AUGUST 27, 1991
Regular session
5!30 p.lII.
A special meet in; of the East pennsboro Township Board of
Co~issioners was held on Wednesday, Auqust 27, 1997, at 5:30
p.lII. at the community and Municipal Center, 98 S. Eno1a Drive,
Enola, Pennsylvania.
Those present were: comm1asioners ~ Georqe OeMartyn,
President, Philip 5griqno1i, Vice President; James Hertzler,
Dolores HcAlister and Charlea Yohe, Robert L. Gill, Township
Manager; and Henry F. coyne, Township Solicitor; Lisa Coyne, and
Deborah Thornton, township st$ff.
I. CALL TO ORDER
President DeMartyn called the meeting to order. The Pledqe
of Allegiance to the Flag was enunciated by all present.
Mr. Gill noted tor the board that the special meeting of the
Board of Commissioners was properly advertised. The purpuse for
the meeting is for consideration,of the Center Street relocation
project.
Mr. Gill reported that on August 12 he received a phone call
from iennDOT for a status report with the right-Of-way takings
and how it was proceeding. Penn DOT is required, by the first
week of September, to tile a form called with the Federal
government which allocatos money for constructJ,on purposes of the
Federal funded projects, of which Center street is one. A form
also is being filed for the Overview Bridge project that
guarantees and sets aside the construction money under the
Federal rules and regulations. It must be done, according to
PennOOT, in the first week of September in order to guarantee
these funds for the next construction year.
We reassessed our evaluation of property owners that have
eilher full takings or pa~tial takings with regard to the Center
Street relocation. We got letters out to the property owners
outlining a r~vised offer trying to settle with them. In that
letter it was stated the township is under the deadline of August
31 and it we did not receive at least a verbal commitment, that
we would have to file declarations of taking because the township
must guarantee when PennOOT submits to the Fede~al government the
right-of-way for Center Street relocation.
E)(Hdl/7 ",4 n
I'J '/
09/38/1997 13:12
7117327810
EA5TPENN59OROTWP
PAGE 02
Board of Commissioners
August 27, 1997
Page 2
The project will tot~l ~7.2 million for construction costs,
preliminary plans, tinal plans, et cetera. The construction
costs are esti~8t~d at $6 mi1lionl e640,000 has already been
spent in the preliminary plan.
Mr. Gill noted that of the 40 properties that the township
has negotiated for, 95 percent of which are township residents,
possibly one and maximum ot three possibly will be outstanding
and for which the board may have to file for taking.
Mr. Gill thanked all the town9hip residents that he has
negotiated with for their cooperation during the negotiations.
Mr. Gill further reported that the township has received
donations as of today valued at $647,000 from Pennsylvania Blue
Shield, East Pennsboro Township has a donation of acreage through
the park, snd Laurel Hills Development has donated. Other
donations are still being negotiated.
Mr. Gill reported that the bid opening is scheduled for the
first week of December. Construction would start the end of
February, the first week of March, as of today.
Mr. Coyne noted for the board and pUblic'S edification that
what would happen is any property owners with which an agreement
could not be reached under the Eminent Domain Code, the township
has the right to file a declaration of taking in the courthouse
in Carlisle, and then after a period of time the property becomes
the Township's, subject to a Board of View. They come out and
look at the site and then they have a hearing on it, the
appraiser testifies as to value as to the township as well as the
property owner's, and then they ultimately make a decision. And
then that decision within 30 days if either party, either the
township or property owner, is not satisfied they can go to court
and then the disposition of the court would be a trial by jury or
trial by judge alone. And if it is a trial by jury or judge
alone, the trial can come out and look at the site.
MOTION adopting Resolution No. 1997-18 of the Township of
East Pennsboro, Cumberland county, authorizing the necessary
condemnation for acquisition of right-Of-way in accordance with a
plan submitted by PennDOT and recorded in the Elecorder of Deeds
Office, and the acquisition of riqht-of-way would be by way of
eminent domain to acquire property from property owners ..ho are
not willing to convey to the townShip, was made by Mr. Sgriqno1i,
seconded by Mr. Hertzler, and passed by a unanimous aye vote.
../1'/
89/38/1997 13:12
7177327818
EASTPENNSBOROTWP
Board of Commissioners
August 27, 1997
Page 3
MX. Hertzler commended the Township Manager and all the
statf of the township for keeping these construction projects at
the forefront, Center street and overview Bridge. A$ a result of
Commissioner DeMartyn and Commissioner Sgriqnoli's leadership,
Center Street has been a top itam. Th~ staff keeps the board up
to date on it and the board tries to move it forward a. quickly
AS possible and there have been some glitches with respect to
running into various elements of Federal and State bureaucracies,
but we have tried to do everything we can to move tbis forward.
Mr. Gill noted that the administrative staff has done an
outstanding job. The township could not have moved ahead as well
as it has without their dedication. It has been an overall staff
effort.
Mr. coyne noted for the record that ultimately all the
acquisitions, including the wetlands up in the Newville area to
remediate the taking of the wetlands will be assigned to PennDOT.
Mr. Gill stated that it is a State road and even though the
township has acquired property, all the right of ways will be
going to PennDOT and old Center street will be going back to the
township. All the property purchases will be in the Township's
name and we have to get it back to PennDOT's.
Mr. Coyne noted that this is a unique situation and some
area Solicitors have contacted him and asked how East Pennsboro
has been able to do this without outside help, outside consulting
engineers.
~resident DeMartyn thanked everybody on staff who has come
through to get the township to this point.
Mrs. McAlister suggested that in renaming Center Street,
since the township has been a first class township since 1952 and
has had a Board of Commissioners, it would bestow an honor to all
~he Township Commissioners if it were named Commissioner Drive.
It each person who has been a representative of the community
could attend the grand opening of CommisaiQner's Parkway or
Drive, it would be an honor.
MOTION adopting Resolution 1997-19 of the Township of East
~ennsboro, Cumberland county, authorizing the acquiaition of an
easement for 9.0945 acres for construction of replacement
wetlands in West pennsboro Township, Cumberland County, for
mitigation purposes of a portion of Center Street, was made by
PAGE 83
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