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Agreement reached on property

Over a dozen residents gathered to hear East Penn Township supervisors discuss a variety of topics at the Tuesday meeting, which usually occurs the first Monday of each month but was switched because of Labor Day.

The dominant topic was the township's ongoing legal issues with getting property at 2105 East Lizard Creek Road, owned by Clair Troxell, cleaned of junk. The township had an Aug. 20 court date set with Troxell; however, solicitor James Nanovic said that before entering the courtroom, a tentative agreement was reached between both parties.That agreement was that an 8-foot-high privacy fence, made of chain link with slats, be placed around the entire perimeter of Troxell's property, thus blocking the items behind it from public view.It was then brought to the township's September meeting for approval. However, after a 10-15 minute executive session toward the end of the meeting, the supervisors reconvened to explain what they had discussed and then vote on the agreement.The supervisors unanimously voted to approve it, but only with a change that the fence at the front of the property be closer to the roadway than had been previously discussed, with a setback just 1 foot beyond the PennDOT right of way along Route 895.They later said their reason for doing so was to hopefully prevent Troxell from placing junk in front of the fence in the future.In addition, Nanovic said the township will need to approve the fence before Troxell receives a UCC permit. If he receives the permit, he will then have 60 days to complete and erect the fence. If he fails to do so or comply with this order, Nanovic said, he is subject to serve 30 days in the county jail.Nanovic said after the meeting that the next step is to talk with Troxell's attorney, Carole Walbert, to discuss whether or not Troxell will accept the agreement with the changes made by the supervisors. If he does, the township will ask the judge to issue a new order. If he does not, then a new court date will need to be set.Some residents expressed concerns that the fence will not be high enough and also that Troxell may keep the gate to his trucking business there open before or after business hours.In other news, during the public comment portion of the meeting, resident Rodger Diehl told supervisors he wished they would discuss issues in greater detail during the meetings, with more back and forth debate in view of the public, before voting on them.Another resident agreed with Diehl about wishing the supervisors would debate issues more openly during the public meetings."If there is anything of great concern, there is always total openness between all supervisors and Mr. Nanovic," Chairman Dean Kercsmar later said. "If there's anything that needs to be explained in further detail, it always gets explained in further detail. Anything (anyone) wants to know, we'll gladly present."The topics the supervisors discussed during executive session that evening involved real estate and legal matters for which they allowed to convene.Also, the supervisors voted to accept Supervisor Deanna Cunfer's resignation as the township's pro-tem treasurer, then hire Tracy L. Burbage, a resident instead of a private contractor, as the new part-time township treasurer and establish a temporary assistant treasurer position, then hire Cunfer to serve in it, with no additional compensation, so she can train Burbage for the treasurer position.The supervisors also mentioned that a dedication ceremony will take place at the trailhead and arboretum in the Kittatinny area on Sept. 12 at 10 a.m.