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Home My WebLink About97-05387 i'j, , 'II); /1 i"j "'IF.: . '1'1 . ':,/.~ , _','-)~~ ,JI(Jr"l"'A,~ /"-1',"-" i-,rd": !',-,', I ','r :"'-I't~ Ii :~ , JIl, ,; !~,:;, '\)')' II,h' . & g- 1 j ~ ~ ~ ~ (/J E ~ ~ f5 I , I Ili" ,I I , 'I , , 'I , 'r " I I', , " II I' " " " .p I' " , ;' I " " ,. I, fI I I. " I" I " " "I \ , , , , "1 i'l I! " ',' J,-I >1 'I,,' ,; Ii , " ", " i'" " " " I", "I, , I ,-'1 " , , .,' ,,' '!', I' , '~ ' I I " '( " , I,' , 111 ....J S tJ 'I , " . 'J ; " , , " ",J. ,-I ,1,1 , ", ,,' ,,', I. I' ,;I ." 'I, " ii, I'; ,/ ': j, 11 I, r ~ ., ,e .", "I", " ','1'1' ,., ,'j i 'I' 'i " ,I " " I " il. " " I I 1'1' " 'I. , 1..... .-' -.... ..,,....... .,....... :t!"", ,.....~-....;.-~-h~ 09/30/1997 13: 12 7177327818 EASTPENNSBOROTWP PAGE 81 EAST PENNSBORO TOWNSHIP BOARD OF COMMISSIONERS SPECIAL MEETING, AUGUST 27, 1997 Regular session 5:30 p.m. A special meetinq of the East pennsboro Township Board of Commissioners was held on Wednesday, AUqtlst 27, 1997, at 5:30 p.m, at the community and Municipal Center, 98 S. Enola Drive, Enola, Pennsylvania. Those present were: commissioners ~ George DeMartyn, President; Philip Sgriqnoli, Vice President; James Hertzler, Dolores HcAlister and Charlea Yohe; Robert L. Gill, TownShip Manager: and Henry F, coyne, Township Solicitor; Lisa Coyne I and Deborah Thornton, township staff. I . CALL TO ORDER President DeMartyn called the meetiog to order. The Pledge of Allegiance to the Flag was enunciated by all present. Mr. Gill noted for the board that the special meeting of the Board of Commissioners was properly advertised. The purp08e for the meeting is for consideration.of the Center Street relocation proj ect . Mr. Gill reported that on August 12 he received a phone call from PennOOT for a status report with the right-of-way takinqs and how it WaS proceeding, PennDOT is required, by the first week of September, to file a form called with the Federal government which allocates money for construction 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 construetion 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 either full takings or partial takings with regard to the Center Street relocation. We got letters out to the property owners outlining a revised offer trying to settla with them. In that letter it was stated the township is under the deadline of August JJ and if we did not receive at least a verbal commitment, that We would have to file declarations ot taking because the township mU8t guarantee when PennDOT submits to the Federal government the rlqht-of-way for Center Street relocation. I, I, E.xH//3,. r /l 1'5'1 89/30/1997 13:12 71 n:l27818 EASTPENNSBOROTWP BOArd of co~issioners Auqust 27, 1997 PAge 2 The project will total ~7.2 million for construction oosts, preliminary plans, final plans, et cetera. Th~ construction costs Are estiroated at $6 millionl $640,000 ~as already been spent in tbe preliminary plan. Mr. Gill noted that of the 40 properties that the township has neqotiated for, 95 percent of which are township residents, possibly one and maximum of threlil possibly will b. outstanding and fcr which tbe board may have to file for takinq. Mr. Gill thanked all the township 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, and Laurel Hills Development has donated. other donations are still being neqotiated. 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 aQreement 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 Soard 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 ot the court would be a trial by jury or trial by judqe 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 ~ennsboro. Cumberland County, authorizing the necessary condemnation for acquisition of right-Of-way in accordance with a plan submitted by PennDOT and recorded in the Recorder of Deeds Office, and the acquisition of right-of-way would be by way of eminent domain to acquire property from property owners who are not willing to convey to the townShip, was made by Mr. sqriqnoli, seconded by Mr. Hertzler, and passed by a unanimous aye vote. 2.~fI 09/30/1997 13:12 7117327810 EASTPENNSBOROTWP PAGE 03 Board of Commissioners August 27, 1997 Page 3 Mr. Hertzler commended the Township Manager and all the staft of the township for keeping these construction projects at the forefront, Center street and Overview Bridge. As a result of Commissioner DeMartyn and Commissioner Sqriqnoll's leadership, Center Street has been II top itl!llll. The staff keeps the board up to date on it and the board tries to move it forward as 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 this forward. Mr, Gill noted that the administrative stsff has done an outstanding job. The township could not have moved ahead as well as it has without their dedication. It haa been an overall staff effort. Mr. Coyne noted for the record that ultimately all the acquisitions, including the wetlands up in the Newville aJ:e8 to remediat.e 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 riqht 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. President 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 or: Commissioners, it would bestow an honor to all the Township COmmissioners it it were namp.d Commissioner Drive. If each person who has been a representative ot the community could attend the grand opening of Commissioner's Parkway or Drive, it would be an honor. MOTION adopting Resolution 1997-19 of the Township ot East Pennsboro, Cumberland County, authorizinQ the acquisition of an easement tor 9.0945 acres for construction ot replacement wetlands in West Pennsboro Township, Cumberland County, for mitigation purposes of a portion of Center Street, was made by 77 'I ptz t · II III .. ft --- ! I . I I II I r I il o~ ...... J i I 00 t I . . i) I I I I I I !thUI'1 aLl I " I 11'.1. j _ i!>~=~= = ~~~ ~!.. ~ *.= ~ ' , [1:, I.. · [pi"1 I pldl d Id ""Ii , "f'lfi " fJl j! J!' " j i , I ! i i I j , ii, j I ! j ! ! ! ;1 ! I J I , I I I i Ie i I I., J ! I I . j I if I ~~~~~.s~~~e.e~~..e.*~~~. lJ ./" -~.. "..,' ~"i" I.:JI' 'I CD . ....... ,I -'J .~.. L I ',,,. ..---- (l) . ~j III II I I " I ,- - ... ~:~~ ... ::: 'I 'I 3 . I'\';'IT I I " : , ." . i' i I r 'I' I,' I .",. .. ":\.", illl~ ~ ~~ ~ .il! J i - -. 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" , W.. , Cii',; ~llj ::_) I ,..., .i I .~ I I,~ :,J',/j I ..,J , , I " . , , " 1,1 " " , Board ot comm1ssioners Auqult 27, 1997 paqe 2 The project will total ,7.2 million tor construction coste, preliminary plan., tinal plans, et cetera. The conetruct1on coet. are estimated at $6 m11110nl $640,000 hat already been spent in the preliminary plan. Hr. Gill noted that ot the 40 propertiee that the township hat negotiated tor, 95 percent ot which are townlhip relidenta, possibly one and maximum of three possibly will be outltanding and for wh1ch tha board may have to t11e tor tak1nq. Mr. Gill thanked .11 the ~own.hip resident. that he has negotiated with tor their cooperation during the negotiationl. Mr. G1ll further reported that the town.hip haa received donat10ns as ot today valued at $647,000 trom Pennsylvania BlUe Shield, East Penneboro Township has a donation ot acreaga through the park, and Laurel Hilla Development hae donated. Other donation. are .till be in; neootiated. Mr. Gill reported th~t the b1d opening ie scheduled tor the fir~t week ot December. Construction would start the end ot February, the t1ret week of March, aa ot today. Mr. Coyne noted tor the board and public's editication that what would happen i. any property owners with Which an aoreement could not be reached under the Eminent Domain Code, the township has the right to tile a declaration ot taking in the courthouse in Carlisle, and then atter a period ot time the property blcomee the Township's, subject to a Board ot View. They com. out and look at the s1te and then they have a hearinq on it, the appraieer testifi.s as to value ae to the township as Will ae the property owner's, and then they ultimately make a decieion. And then that decision w1thin 30 days it e1ther party, lither the township or property owner, io not satietied they can go to court and then the dieposition ot the court would D~ a tr1al by jury or trial ~y judge alone. And if it is a tr1al by jury or judge alone, the trial can come out and look at the ,it.. MOTION adopting Resolution No. 1997-l8 ot the Township ot East Penn.Doro, C~erland County, authorizing the neceelary condemnation tor acqui.ition of right-at-way 1n accordance with a plan submitted by PennDOT and recorded in the Recorder ot Deede Ottice, and the acquisit10n of right-ot-way would be by way ot eminent domain to acquire property from proporty owners who are not willing to convey to the townShip, was =ade DY Hr. Sqriqnali, seconded by Hr. Hertzler, and paseed by a unaniMOu. aye vote. 2,; '..........., " ',I i' . , , , I" , , , _r.! (") ~ ~j "II,' ;~ LoJ utI" ''J ill:':l rr f~ \ "'-, !p\l? ~~__ '. f t I -;",-1 ' l- " IUl' .r. "'J (~( .'t' - ;4~f'~ " 'i_;'( .,,0,. '',;It F\. '''l N :y' ..-~ ('" .. ,;:! " '--I' => ~:J :;l ~. ;'0 " , " ',' I", " , ,