Lawsuit discussed by trustees

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GALENA — The Berkshire Township Board of Trustees met several times March through May. Here are highlights from those meetings:

• After an executive session March 11, the regular trustee meeting included the paying of bills and a discussion of patio smoking requirements by Aly Hillier of the Delaware Public Health District. It was said that the BST&G groundbreaking for its second fire station would be in September, pending levy approval (it passed).

“The City of Sunbury approached the Township concerning looking into the establishment of a joint recreational district to provide a community center for the area,” meeting minutes said. “All trustees are in favor of joining an exploratory committee with Sunbury to flesh out feasibility.”

• In new business at the April 8 meeting, the trustees approved “the settlement language in the Consent Decree as presented with Plumb Creek, LLC; Highland Realty Development, LLC; and Berkshire Investments, LLC.”

• At an April 23 special meeting, the administrator was authorized “to enter into an agreement for legal services with Fishel Downey Albrecht & Riepenhoff, LLP.”

• The Plumb Creek et al. v. Berkshire Township court case was the topic of the April 29 special meeting. A lawsuit was “filed against the referendum, denying a zoning change to the property in question and that the Township is considering settling the lawsuit,” minutes said. Legal Counsel Doug Holthus “reiterated the risks of the lawsuit.”

However, eight members of the public spoke against the proposed settlement. “Why is the Township not backing those who initiated and voted for the referendum?” was among the questions asked.

The trustees said, “the referendum process is flawed and that it is unfortunate that the law allows lawsuits like this to occur… the Township is doing all that it can to preserve open areas, but the Township must contend with the threat of annexation.”

The trustees then approved a resolution “authorizing the Township to enter into the Consent Decree as presented.”

• A resident “expressed her disappointment in settling the Plumb Creek lawsuit,” it was said at the May 13 trustee meeting. The trustees were also told the health district’s Sunbury branch was closing and advised to go to the Delaware location.

• A brief special meeting was held May 30 to clarify provisions of a previously passed resolution authorizing the issuance and sale of park improvement bonds.

The trustees are Mike Dattilo, Paul Disantis and Rod Myers. Other officials are Fiscal Officer Melody George, Township Administrator Tyler Lane and Meeting Secretary Donielle Owen.

Berkshire’s Parks Committee broke ground on a new playground and pavilion on July 8. It is expected to be completed by late fall, said the township’s Back to School newsletter. In addition, the newly paved perimeter path took place the week of July 15. It also has a six-station equipment-free QR F.I.T workout program. The township park also has a wildflower path and a Little Library.

“Original plans also included basketball, pickleball and tennis courts which has to be put on hold due to drainage issue that need further collaboration with Delaware County but are still planned for a future date,” the newsletter said.

The Parks Committee consists of Trustee Paul Disantis, Jessica Duvall, Jen Flanders, Fred Grunewald, Adam Miller, Lesley Shryock and Michelle Slawinski.

In conjunction with the park, maintenance building expansion is also taking place.

“Our Maintenance building which was originally estimated to be completed by the end of July is now projected for an August finish for the building structure,” the newsletter said. “A planed catwalk with wash bay for trucks will be added in the Fall as production issues pushed this install back but the full project should be complete before the winter season which will allow all vehicles to be undercover at all times.”

The township also has a steering committee for its 36/71 Gateway Enhancement and Zoning Initiative project, consisting of Jon Kerr (Zoning), Kim Zianno Hartman (BZA), Fred Grunewald (parks committee), Ryan Bowling and Maria Sobota (township residents).

The township hall is at 1454 Rome Corners Road, Galena.

Assistant Editor Gary Budzak photographs and reports on stories in eastern Delaware County and surrounding areas. He can be reached at 740-413-0906.

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