Muncy Twp. Supervisor and board Chair Terri Lauchle answers questions selected questions from the public during the board meeting Wednesday evening. Many questions from the public were about if the agenda for that evening’s meeting had changed overnight according to people in the audience. DAVE KENNEDY/Sun-Gazette

Muncy Township supervisors have not yet affixed their signatures to an approved minor subdivision for Bass Pro Shops.

The Township Planning Commission has received a letter from the township engineer Dan Vassallo that it is not a minor subdivision, but, in reality, just a subdivision, according to Lawrence Spatz, chair of the township planning commission.

“The plans should be changed to represent this,” Spatz said, referring to what Vassallo said.

Recommendations from Vassallo included the township supervisors review of the plan for comment within the next 10 days; alterations for the plan must be fixed or corrected; and the planning commission has not received digital plans from the developer ( FAMVEST).

Ambrose Heinz, legal representative for FAMVEST, said if it was a matter of removing the word “minor” he would go out to the car and get the plan and it could be brought into the two supervisors who needed to do it and the matter would be over.

“If this would have taken place before this evening … you know what the rules are,” Terry Lauchle said.

“So, you are not being honest,” Heinz said, with Lauchle immediately responding – “No, you’re not being honest.”

Later, he said the developer would continue to try to ask for the signatures in coming days and if that does not happen take it to a judge for a decision.

Planning Commission member Justin Welch said the plans should be submitted as they are. If one looked at the subdivision ordinance, he added, lot addition or lot consolidation are processed the same as a minor subdivision plan.

“Even if you look at it they are only combining all but two parcels,” he said. “Under five parcels or under – it is a minor subdivision.”

Chick-fil-A items

The request by Chick-fil-A for a partial bond reduction by 50% was approved as recommended by the township engineer and planning commission. Half of the site work has been completed at the site at Lycoming Crossings, Spatz said.

The Chick-fil-A approval of the signs included two recommendations, he said.

As per rules in the state for displaying flags, which are not in the plans, the flag is considered a great idea and needs to be properly illuminated at night time, which is a suggestion by the commission, Spatz affirmed.

Secondly, they (Chick-fil-A) are putting out a welcome sign. The sign states Welcome Friends and Neighbors and beneath it reads Lycoming Crossings. “We’d like to suggest that you add Muncy Township, PA. “They are in our town(ship) and we welcome them,” Spatz said.

Some of these details, however, were disputed by Scott Oldweiler, a planning commission member.

“The recommendations on the sign was not the consensus of the group,” he told board members and those listening. The consensus of the group was to proceed with those plans as they were submitted, he said.

“I believe we should move forward on what we have, what we have already looked at,” Oldweiler said. “It meets all of the guidelines of our ordinances.”

“We don’t have any other option?” Spatz asked.

“No, we did not discuss that, you discussed that with a lawyer,” Oldweiler said.

Before such discussion, the planning commission was ready to move forward with the plans that were submitted, Oldweiler said.

Digital plans desired

“We have to start getting digital plans from them,” Spatz said, adding they have a solution to that matter.

Instantly, Heinz asked for a point of order, stating: “There is nothing for the board to act on with respect to this subdivision plan. The plan has already been approved. It has been presented to you simply to sign. That’s it,” he said.

He continued: “There’s no action that is needed. There is no review that is needed,”adding that he was not familiar with this recommendation from Vassallo.

“What I have seen from him is a confirmation that the plan was appropriately reviewed,” Heinz said. “The plan that is before you tonight should be signed and we can go home.”

Two individuals who need to sign it are present, he added.

Spatz interjected.

“So, you presented a solution – you don’t want to talk about that?” he asked.

“No,” Heinz said. “I would like to see that plan signed.”

Lauchle then replied.

“Thank you, it’s not public comment to be allowed.”

“You didn’t provide for a period of public comment,” Heinz said, his voice rising as he stood up.

“Yes it is at the end,” Lauchle said. “Sir, you are not running this meeting, I am. Please sit down sir . . . at the end of the agenda is public comment … limit five minutes.”

Lauchle said the plan would need to be clarified that it is not a minor subdivision, it is a subdivision.

“We understand. We have received as well from Mr. Vassallo the correction there, so at this point there are no further questions, or do you have any questions on this,” Lachle asked her colleagues.

Heinz then warned the chair that she was leading the board to the invitation of a lawsuit.

“We will be returning with a court order directing you to sign,” Heinz said.

“This is absurd,” a front row attendee said.

“Excuse me,” Lauchle said, “this is not time for public comment!”

“Everyone was continuing, as we have reached out to Dan Vassallo or Victor Marquardt (Code Inspection Inc.),” Lauchle said to a concern from Ohnmeiss on a motion offered for a vote.

“Yes, but everybody doesn’t realize if they are?” Ohnmeiss asked, before Lauchle cut him off. “No, everybody does,” she said. “They clarified that it is so, that is why they are doing the services.”

“Zoning has been aware,” she said. “Our secretary, so therefore everybody has been doing their positions.”

As an example of those working in the township knowing their roles, Artley noted how Todd Pysher, engineer was selected to be an alternate for work done for another separate project unrelated to the much ballyhooed commercial subdivision due to a conflict of interest.

“Todd Pysher, I understand that,” Ohnmeiss said.

“What I am saying is that since the beginning of the year we did not reorganize (expletive) for this township and here we are in the third freaking month and we haven’t done anything.”

“We’ve done quite a bit,” Lauchle replied.