PINE GROVE TOWNSHIP SUPERVISORS
175 OAK GROVE ROAD, PINE GROVE, PA 17963
APRIL 14, 2004 MEETING MINUTES
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CALL TO ORDER
Chairman Larry Zimmerman called the April 14, 2004 meeting to order at 7 PM. Attending were Supervisors Diane
Tobin, Herm Clemens, Allen Aungst, and Jerry Wise. Also present were Gino DiNicola, Kathy Ferguson, Judith Lehman,
Clinton Koontz, Dave Horst, Frank Zukas, Ron Aungst, Donald Wenrich, Art Swanson, Dennis Fidler, Bret Habecker,
Donna Kloske, Dennis Schnoke and other residents; list on file.
PLEDGE OF ALLEGIANCE
ANNOUNCEMENT - Zimmerman announced an item not printed on agenda: Gooseberry Farms Liquor License transfer.
PUBLIC COMMENT ON AGENDA ITEMS – No comments.
MINUTES / FINANCIAL ITEMS
March 10, 2004 Meeting Minutes
Herman Clemens motioned to approve the minutes, Allen Aungst seconded the motion, all voted in favor, motion carried
5 to 0.
April 8, 2004 Public Hearing Minutes
Zimmerman motioned to approve the minutes, Clemens seconded the motion, all in favor, motion carried 5 to 0.
s Treasurer’s Report
General Fund beginning balance was $900,155.53; the ending balance is $892,040.32. Aungst motioned to approve
the Treasurer’s Report, Clemens seconded the motion, all in favor, motion carried 5 to 0.
s Approval of Bills
The invoice from Nestico, Druby & Hildabrand was discussed. Tobin recommended the board request the invoices be
more detailed. It was agreed that Tobin would write a letter to Nestico and request more itemization before these
invoices are paid. Aungst motioned to pay the bills with the exception of the Nestico invoices, Clemens seconded the
motion, all were in favor, motion carried 5 to 0.
PERSONS TO BE HEARD
s Frank Zukas on behalf of Pine Grove Manufactured Homes stated that SEDCO has submitted to the township a
resolution associated with a state tax incentive program that would yield new jobs for the township. Keystone
Opportunity Zone (KOZ) is a program that would provide property tax abatements and certain state tax abatements for
projects that are job creating. SEDCO encouraged Pine Grove Manufactured Homes to apply for the KOZ program in
lieu of the LERTA program previously approved by the township in order to realize broader tax abatement with state
taxes. The resolution would cover a 36 acre parcel of property, the same as covered by the LERTA resolution and
would have a start date of the beginning of this year and extend to December of 2010. Zukas stated the school board’s
approval has been received; after county and state approval is received, there would need to be a motion to take the
LERTA resolution off the books so the KOZ resolution could be put in place. DiNicola said he has reviewed the
proposed resolution. Aungst questioned an item in the resolution stating earned income tax of a resident being exempt.
Zukas said that refers to a situation where someone would move into a KOZ, they could declare an exemption as a
resident of a KOZ; it does not apply to employees of a company. Zimmerman moved to adopt the resolution for the KOZ
for the Pine Grove Manufactured Homes 37 acre parcel, Aungst seconded, all in favor, motion carried, 5 to 0.
s Ron Aungst, Pine Vista Estates presented a brief update on the development. They plan to deed 13 acres to
Pine Grove Borough for green space, lots include individual on-site ground water recharging systems, they will eliminate
the cul-de-sac, extend water and sewer into the township and the sewer authority has guaranteed EDU’s for the project.
Dave Horst, township engineer, noted that this is a joint preliminary plan with the County representing Pine Grove
Borough and the Planning Commission representing the Township; a joint review by the engineers is planned. Horst
said that Phase One of is entirely within the Borough and will be built after approval of the Preliminary Plan; Phase Two
has a portion in the Township and then Phase Three, which includes the roads. Ron Aungst estimated three years to
complete each phase. Horst and Aungst expressed satisfaction with the progress of the project.
s Donald Wenrich addressed the board regarding several items:
1) Wenrich asked if the Township has any legal standing to deny the Landfill from going forward with Pad 12.
Zimmerman replied, “No, it is all up to DEP, they are the ones that deny or accept it.” Wenrich then asked if the same
thing would apply to the Longenecker tract and Zimmerman replied, “That would be different, it is not zoned for that
application.” Wenrich questioned Zimmerman’s vote at last month’s meeting against the support of Pad 12 when
previously Zimmerman signed the Pad 12 agreement which states the township supervisors will acknowledge that it is a
benefit to the township. Zimmerman said, “We said that the agreement was a benefit to the township.” Wenrich said,
“For the agreement to be a benefit, then the landfill has to be a benefit, you can’t take one from the other. It would be
better if you were consistent, either against it, or for it. It doesn’t make sense to me that you get a contract and then
vote against it.” Zimmerman said “We want to make sure we get our share if DEP approves it.” Wenrich asked, “If we
get Pad 12, what would it be? Two years? How many years?” Zimmerman and Tobin estimated two years. Wenrich
said, “We are looking at two more years of revenue, possibly. In that case, I recommend that beginning the next fiscal
year you reinstate the township tax.” Zimmerman said the board would take it into consideration. Zimmerman added
“Right now the township is running on a budget of just earned income tax, we are not using any of the landfill money for
the last three years to subsidize the running of our township.” Tobin said, “I have argued that point all along.” Wenrich
said “You are getting your money from the earned income tax?” Zimmerman said, “That’s correct.” Wenrich said “For
the total budget?” Zimmerman said, “That’s correct.” Aungst said, “Half the budget is coming from that, $330,000
comes right out of earned income tax, the1% tax.” Zimmerman said, “The landfill money we have used so far is for
equipment, trucks, that sort of thing.”
2) Wenrich questioned Aungst about his comment on industry and a library at the last meeting. Aungst said, “I felt
while we trying to enhance the community with a new library, I didn’t think that a landfill expansion would help retain
citizens within the community.” Wenrich said, “You stated the landfill would be a deterrent to the community, did you
mean to getting industry in?” Aungst said “No, I meant as a deterrent to the people, to move into the community.”
Wenrich asked if the board had contacted any corporations to get any industry in here. Wenrich said, “I have. None of
them said anything about a landfill, what they were interested in was services; sewage, water and density of population.”
3) Wenrich questioned Aungst about his statement regarding the previous board and the landfill coming in
originally, “Were you insinuating that the board went out and tried to get the landfill in?” Aungst said, “I have heard that,
but I don’t know that to be fact and I wasn’t referring to that part of it. I was referring that initially when in 1985 they were
talking about 6 acres of landfill, at that time I felt the board had the opportunity to fight the situation and not allow the
landfill.”
Wenrich concluded by saying the previous supervisors did fight against it and the courts are the ones who brought the
landfill in.
s Tobin further explained for the record the following facts as found in the Township minute books regarding the
previous board’s attempts to fight the landfill. In March of ’85 Dave Ventresca (person who wanted the landfill) voiced
objection to the Township ordinance saying it was not constitutional. Supervisors at that time voted to keep their
ordinance in place. In May of 1985 the solicitor informed the supervisors they were sued by Ventresca due to the
ordinance prohibiting garbage coming into the township. It was decided to defend the suit on a motion voted 3 to 0. In
June of ’85 the next motion was to appeal the court case against Ventresca, if the decision goes against the Township.
They went to court and on June 12, 1985 the judge in the Schuylkill County Court of Common Pleas ruled the Township
ordinance of May 14, 1969 was invalid, unconstitutional and unenforceable. They did appeal to the Commonwealth
Court of Pennsylvania and the appeal was dismissed. They petitioned the Pennsylvania Supreme Court to hear their
appeal. According to the Township attorney’s letter, their petition was denied and they were not permitted to argue their
case before the court. The attorney advised them there were no other avenues of appeal. Tobin said, “I think the
record needs to be corrected to state that the fact that the prior Board of Supervisors did take it as far as they could go.”
REPORTS
Engineers Report – Dave Horst reviewed the Lengel and Zimmerman plans with the supervisors. Horst said that he
spoke with Davis at WJP Engineers about the Scenic View Road project, which was dropped last year, and found out
that the developer would like to try again with that project. Zimmerman moved to proceed with the Scenic View Road
project, Clemens seconded the motion, all in favor, and motion carried 5 to 0. Horst will contact Davis and set up a
meeting.
Landfill Inspector’s Report – No comments received.
Roadmaster’s Report –Tobin reported the Roadmaster’s computer has been repaired.
Zoning Officer Report – Koontz said he processed 18 applications, disapproved 1, and there are 2 requests for
variances coming up before the Zoning Hearing Board. Tobin asked why a written report is no longer received. Koontz
said he hasn’t done them, but will be glad to supply them.
Planning Commission –The supervisors and Horst reviewed the Howard Lengel minor subdivision. Zimmerman motioned
to approve it contingent upon receiving the letter of declaration from DEP, Clemens seconded, all in favor, motion
carried 5 to 0. The Zimmerman and Borough Lot Annexation plan was reviewed. Tobin motioned to approve the plan,
Zimmerman seconded, all in favor, motion carried 5 to 0. The Olt Subdivision plan was reviewed by Horst. Zimmerman
motioned to approve the Olt plan contingent upon receiving the sewage module, Aungst seconded the motion, all in
favor and motion carried 5 to 0.
Recreation Board – Aungst reported he received a letter from Michael Fegley who wants to build a gazebo on the
Recreation property as his project to earn his Eagle Scout ranking. Aungst motioned to approve this project, Jerry Wise
seconded the motion, all in favor, and motion carried 5 to 0. Aungst read a letter he drafted to approve the project and
the board agreed to sign the letter.
OLD BUSINESS
Art Swanson – Elected Auditor Swanson spoke on behalf of retirees regarding school taxes and listed some benefits to
having a retirement community in the township. Swanson said that in 44 other states, before school taxes or county
taxes can be levied, it must be on the ballot for voter approval. Swanson suggests the township put a resolution of that
type on the November ballot. Swanson also asked the board to help resolve a problem residents of Swatara Village
have with the truck exhaust in the McDonald’s parking lot.
Postage Meter – Tobin reported the township has to fulfill an agreement or buy out of the contract. It was agreed to let
the prior month’s motion stand and fulfill the current agreement.
Part Time Office Help – Tobin reported that she and Ferguson conducted interviews and had selected a candidate to
hire. The board reviewed the application and Tobin moved to hire Rhonda Demchak part time, on an as-needed basis,
up to 20 hours per week, for $8 per hour effective April 29, 2004. Wise seconded the motion, all voted in favor, motion
carried 5 to 0.
Benesch Agreement – Zimmerman said he has the agreement at home. Zimmerman noted there were some concerns
about the Scenic View Road project. Horst said if there is ever a problem, he can meet with the board; also the retainer
agreement only establishes the fee schedule and keeps his liability insurance coverage. Zimmerman motioned to sign
the agreement, Clemens seconded the motion, all were in favor and motion carried 5 to 0. Zimmerman said Horst would
receive the agreement.
Uniform Construction Code – Koontz requested $600 be available for him for testing fees and offered to discuss a
verbal agreement. Zimmerman moved to have the money available when needed, Aungst seconded the motion, all were
in favor and motion carried 5 to 0. Aungst said Wayne Township has a meeting on April 22nd, which he plans to attend;
after that meeting they will plan a meeting with the other municipalities. Zimmerman asked Aungst to set up a meeting
before the May township meeting.
Curtis Hein Property – DiNicola discussed an ordinance regarding dangerous buildings. The supervisors agreed to
review the ordinance and discuss it at the next meeting. Koontz said a section of zoning ordinance covers this and he
can give a notice after a written complaint is received. Tobin said she would see that a written complaint is submitted.
Zechman Refund - Clemens feels Zechman tried to follow the rules and it cost him $300. Clemens said he doesn’t feel
the Zoning Officer or the Zoning Hearing Board is wrong, he thinks it is a miscarriage of justice. The Zoning Hearing
Board found it was reasonable for Zechman to believe he had spoken with someone who had the authority to give him
an answer. Koontz said the supervisors should put something into effect to eliminate this type of problem in the future
and put controls in place so employees don’t answer questions they are not authorized to. DiNicola advised the board
to send a memo to all employees stating any questions for zoning and building permits should go to the Zoning Officer.
Clemens moved to refund the $300 Zoning Hearing Board application fee to Leon Zechman. Zimmerman seconded the
motion, all were in favor and motion carried 5 to 0.
Truck Warranty – Aungst said Heinbach didn’t know he was to check on this, the deadline for this has passed and the
item was dismissed.
Gooseberry Realty Corp. Liquor License – DiNicola briefly reviewed the resolution for transferring the liquor license.
Zimmerman moved to adopt the resolution to approve the transfer of the liquor license, Clemens seconded the motion,
all in favor, and motion carried 5 to 0.
2004 Road Projects - Zimmerman moved to advertise for bids for paving Mexico Road and Berger Road, Clemens
seconded the motion, all in favor and motion carried 5 to 0.
NEW BUSINESS
Ravine Fire Company Insurance - Tobin reported on the costs of adding their equipment of our policy and stated that
the fire company has reviewed and compared policies. After further discussion, Tobin moved to cover the Ravine Fire
Company Equipment under the Township policy. Aungst seconded the motion, all were in favor, motion carried 5 to 0.
Historical Society Donation - Tobin reported on the letter from the Historical Society letter asking for a donation to
preserve a map of the township from the 1800’s and noted that the Borough has donated $500. Zimmerman moved to
donate $500 for the map project, Clemens seconded the motion, all in favor and motion carried 5 to 0.
Township Website - Tobin moved to establish the website at an approximate cost of $250 per year. Zimmerman
seconded the motion, all were in favor and motion carried 5 to 0.
Paving - Tobin said she feels the township should blacktop around the recycling bins, the parking lot and the back lot. It
was agreed to include in the advertised bid specifications with the Road Projects.
Signs - Tobin requested the township ask the neighbors to put their signs on their side of the fence. Zimmerman said
Tobin should ask them to move them.
Employee Rod Fidler - Tobin said Fidler lost his home to a fire and was not able to take time off he needed, he was
plowing the roads the next morning. Tobin moved to give Fidler a week (5 days) off with pay for him to use as needed,
Clemens seconded the motion, all were in favor and motion carried 5 to 0.
Computers - Tobin said Stahl repaired the Roadmaster’s computer. Zimmerman said last month American Computer
quoted $800 to replace the computer and he has a problem with the fact they couldn’t fix it when someone else could.
Zimmerman said he called another company, MicroAide, to come in to review our computers and submit some prices for
support.
Gas Extraction - Wise said they have not met with the landfill, but he is looking into the information on gas to energy and
will try to schedule another meeting.
Finance - Aungst said he met with Randy Pyle from Sovereign Bank who agreed to make an adjustment on one account
from 1% to 1.25% effective May 1st. Sovereign will make another adjustment in an account where a reserve amount is
not earning interest; they will eliminate the reserve and adjust it to the time the account was opened. Aungst said the
money in the PLGIT account we are earning .94% on and he thinks we should be move some of that money into the
government account in Sovereign where we get the 1.25%. Aungst said until next meeting we should look to see if we
want to go with a fixed rate for the balance of the year but feels we should first get these adjustments in before we take
a look at fixing a quantity of money. Aungst moved to transfer $300,000.00 from PLGIT into Sovereign account #8101,
Zimmerman seconded the motion, all in favor, motion carries 5 to 0.
Memo to Employees - Clemens moved to send a memo to the employees regarding zoning questions being referred to
the Zoning Officer, Zimmerman seconded the motion, all were in favor and motion carries 5 to 0.
Spring Bulk Clean Up - Zimmerman moved to give approval to Pine Grove Landfill to have their truck at the township
building for a drop off site on May 8, Tobin seconded the motion, all in favor, motion carried 5 to 0.
CORRESPONDENCE
s Joint Treatment Authority meeting on April 21, 2004 at 6:30 PM at the Borough Hall.
s RACE sent a letter to the township requesting the fencing remaining at the recycling site on Trumbo Road. It was
agreed to send a letter stating they could have the fencing.
PUBLIC COMMENT
s Dennis Fidler said that a Sketch Plan was presented to the Planning Commission for Bret Habecker. Fidler asked
why the Sketch Plan wasn’t available for the supervisors. Horst said a Sketch Plan does not require official action by the
Planning Commission or the Board of Supervisors and is for dialog between the developer and the Planning
Commission. Habecker said he submitted the required copies and Fidler asked where the copies are. Ferguson said
the plans were available for the Planning Commission meeting and then put in the office; only the items requiring action
by the board tonight were brought to the meeting tonight. Horst said he has a copy in his office and said the Planning
Commission feels Habecker should make his formal submission and they would consider his plan. Habecker showed his
Sketch Plan to the supervisors and asked for their opinion on flag lots. Zimmerman said his opinion would be one flag
lot and he would say no to the three flag lots, Tobin said her opinion would be two flag lots. When pressed by Habecker
for a decision, Zimmerman said follow the ordinances and the board cannot deny his plan.
s Dennis Schnoke expressed concern about his well water if Habecker development goes through.
s Donna Kloske said she purchased a copy of the Comprehensive Plan and thinks it is a good plan. She is
concerned about preserving rural areas and would like to see the future land use map in the plan adopted.
ADJOURNMENT
At 10:35 PM, Zimmerman moved to adjourn the meeting, Tobin seconded the motion, all in favor, motion carried 5 to 0
and meeting was adjourned.
Respectfully submitted,
Kathy Ferguson, Secretary / Treasurer
Approved by the Board of Supervisors,
at the Township meeting on May 12, 2004.
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