PINE GROVE TOWNSHIP SUPERVISORS
175 OAK GROVE ROAD, PINE GROVE, PA 17963
JULY 14, 2004 MEETING MINUTES
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CALL TO ORDER
Chairman Larry Zimmerman called the July 14, 2004 meeting to order at 7:05 PM. Attending were Supervisors Diane
Tobin, Allen Aungst and Jerry Wise. Also present were Kathy Ferguson, Judith Lehman, John Heinbach, Clinton
Koontz, David Horst, Tom Hlavaty, Jamie Laguna, Dawn McNalas, Steve McNalas and other residents; list on file.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON AGENDA ITEMS – No comments.
MINUTES / FINANCIAL ITEMS
s June 9, 2004 Meeting Minutes
s June 24, 2004 Special Meeting Minutes
Diane Tobin motioned to approve the minutes, Allen Aungst seconded the motion, all voted in favor, motion carried 4
to 0.
s Treasurer’s Report
General Fund beginning balance was $2,101,312.59; the ending balance is $2,097,704.55. Aungst motioned to
approve the Treasurer’s Report, Jerry Wise seconded the motion, all in favor, motion carried 4 to 0.
s Approval of Bills
Aungst motioned to pay the bills; Tobin seconded the motion, motion carried 4 to 0.
PERSONS TO BE HEARD
s Gerry Heffner from SEDCO spoke regarding the new construction code and on behalf of Pleasant Valley
Homes regarding their building permit for new facilities which they are ready to start constructing. Heffner said
although the Township issued the building permit before the UCC was adopted, the contractor did not submit the
architectural plans to Labor and Industry before the statewide UCC went into effect and now the application process
has changed. Heffner said to correct the problem they could ask for special consideration from Harrisburg or the
Township could contract with a certified state review agency engineering firm for this project. Heffner requested the
Township consider signing with an engineering firm to conduct the reviews now so the project would not be delayed
and he offered several firms as possibilities. Zimmerman said the Township plans to take care of the matter at this
meeting and has a firm in mind that the other municipalities have agreed on. Zimmerman said the Township has an
inspector that will be used, but not for commercial inspections. Zimmerman said Aungst had more information on the
matter.
s Building Codes Inspections - Aungst said several meetings have been held as an inter-municipal group, a
council of government formed with Tremont Township, Pine Grove Borough and Washington Township. Aungst said
that at last night’s meeting they reviewed the final candidate, Light-Heigel & Associates, to be brought up for approval
at each municipalities meeting. Aungst moved to hire Light-Heigel & Associates as the Township agency for Building
Code inspections as well as utilizing our own inspector when he becomes certified. Zimmerman seconded the motion,
Wise was in favor, Tobin opposed. Motion carried 3 to 1. Tobin said she agrees with hiring Light-Heigel, but
opposed the motion because she feels they should handle all the inspections. Zimmerman said it was effective
immediately and Pleasant Valley Homes could contact them tomorrow regarding their project.
REPORTS
Engineers Report
s Camp Woodhaven - David Horst reported on Camp Woodhaven plans for a wastewater treatment plant which
amends the Township’s Act 537 Plan. Part of the developer’s submission to DEP is assurance this plant will be
operated and maintained properly. Horst outlined the items DEP lists as choices in this project and what the township
has done with similar projects. After discussion, Tobin moved to require an agreement with the developer and a
maintenance bond to be posted, Zimmerman seconded the motion, all were in favor and motion carried 4 to 0.
s Spittler Road - Horst said to move forward with the improvements on Spittler Road he has prepared the permit
application to DEP for installation of the headwall and discharge pipe to the creek. Aungst moved to approve the
application to DEP for the storm system on Spittler Road, Tobin seconded, all were in favor, motion carried 4 to 0.
s Scenic View Road - Horst reviewed the new plans for Scenic View Road. The improvements to the curve east
of the plant (curve # 2) would be installing 4 foot shoulders, not eliminating the turn, but improving the line of sight by
razing a building and taking some trees down. The Township would incur the cost of the shoulders and the paving;
Nestle would pay to raze the building and cut the trees down. The Joseph curve (curve # 1) would stay with the
original design. Nestle would donate the land and pay for the rough grading, everything ready for stone and blacktop
which the Township would pay for. Horst said the next step is to finalize the agreement and submit the plans to WJP
Engineers so they can get their contractor working on the grading aspect and then to bid the paving part for the
township. Horst left the plans for the supervisors to review for the next meeting.
Landfill Inspector’s Report – No comments.
Roadmaster’s Report – Heinbach reported that he has an appointment with Carole Gundrum to transfer plates for the
new truck.
Zoning Officer Report – Written report on file. Koontz said he would like to observe the three properties in Pleasant
Valley that letters were sent to for another 30 days before any action is taken.
OLD BUSINESS
2004 Road Project Bids - Ferguson said that in reviewing the Road Project bids from the Special Meeting on June 24,
2004 she found that although Pennsy Supply was the lowest aggregate bidder for the road projects, Eastern was the
lowest bidder for the one item on the project list that was awarded. Per Joe Kretulskie, the PennDot rep and from
Tobin’s conversations with individuals at PSATS, the general feeling was to reject all bids and re-advertise the one
item awarded. Tobin said we have three options; go forward with the bid as awarded and risk problems in the future
with Liquid Fuels money because the contractor is not bound by that bid because the Township changed the project
by 25 %. The second option is to award the project in full, including all items as advertised or the third option would
be to reject all bids and re-advertise for the one item to be awarded, risking a higher price. Zimmerman said he felt
they should investigate for future bids if they could bid by the square yard at an inch overlay as they did in previous
years. Aungst moved to reject all bids and re-advertise for Mexico Road only, based on previous specifications.
Zimmerman seconded the motion, Wise in favor, Tobin opposed, motion carried 3 to 1. Ferguson said she could put
the advertisement in by Monday and the bid opening could be as early as August 3rd. Zimmerman said to have the
bid opening at the next township meeting on August 11th.
Per Capita Tax - DiNicola said the school’s fiscal year runs from July 1st to June 30th and they put the township on
notice that they will collect the township portion of the per capita tax since the township has not been collecting it.
The school elected to levy the entire tax for their fiscal year 2004 - 2005. DiNicola recommends the township send
notice immediately to the school district if they intend to collect the per capita tax, even though it would not be
necessary until May of next year. DiNicola said the township also could request a waiver of notice if they would want
to assess the tax before June of 2005. Zimmerman moved to send a notice to the school district that the township
would like to levy the tax as of January 1, 2005. Aungst seconded the motion, all were in favor, motion carried 4 to
0.
(Zimmerman left the meeting, giving the chair position to Tobin.)
Computer Software Proposal - Ferguson said she printed the proposal for Intuit Fundware that the supervisors had
received a presentation on. Ferguson said in reviewing the software she was most impressed with the ability to
maintain accurate fund balances in real time; where every entry made, in any of the software applications, updated all
the accounting information. Ferguson said this is the software she recommends. After further discussion, Tobin
suggested further review before any decisions are made. (Zimmerman returned to the meeting.) Aungst moved to
table the decision for further review of the software and check for other software to be reviewed. Wise seconded the
motion, all were in favor, motion carried 4 to 0.
(Zimmerman resumed as chairman.)
Zoning Officer Letter of Complaint - DiNicola reviewed the letter and recommends no action.
Camp Woodhaven Request for Partial Fee Payment - Ferguson reported on the two issues involved. First, Camp
Woodhaven feels there should be money left from their initial fees to cover the review of this submission. Ferguson
said her research shows they paid $290 for subdivision fees in August of 2002; the Benesch review fees for this task
from March of 2002 until September 2003 total $360, leaving a balance of $70 owed to us. Secondly, Camp
Woodhaven feels they should only have to count the acreage actually being developed for the sewage module, not
the complete acreage of Camp Woodhaven when calculating the fees charged. After discussion, Zimmerman moved
to charge Camp Woodhaven the scheduled fees at the total acreage and any money left over will be reimbursed.
Aungst seconded the motion, all were in favor, motion carried 4 to 0.
Landfill Gas Extraction - Tobin reported a meeting is scheduled for July 27th.
NEW BUSINESS
Line Painting Bid Opening - Two bids were received. Alpha Space Control in Fayetteville, PA bid $9,282.24.
Interstate Road Management in Hazleton, PA bid $10,010.88. Aungst moved to award the contract to Alpha Space
Control as the lowest bidder, Zimmerman seconded the motion, all were in favor, motion carried 4 to 0. Aungst said
he will have Heinbach contact them and ask them to paint the lines on Mexico Road after it is paved.
Heating / Air Conditioning System Bid Opening - Two bids were received. Hlavaty’s of Pine Grove, submitted a bid of
$15, 863.00 for a gas furnace with a heat pump in the attic area. Shannon Smith Co. of Myerstown bid $10, 581.00
for an oil fired system and $9, 910.00 for a propane system, forced hot air with air condition. Aungst asked Mr.
Hlavaty if their bid included all new ductwork in the attic, Hlavaty said it did. Aungst said the other bid does not say if
it includes new ductwork and the bids do not have on the size of the condensing unit. After discussion, Aungst
moved to reject the bids, develop new specifications and re-advertise. Wise seconded the motion, all were in favor,
motion carried 4 to 0.
Joint Treatment Authority Act 537 Plan Amendment Resolution - Zimmerman said this change is in regard to moving
the Sewage plant from west of Interstate 81 to a location east of Interstate 81. DiNicola noted that the resolution was
advertised for public comment over 30 days. Zimmerman moved to approve resolution # 071404 to change the Act
537 Plan. Aungst seconded the motion, all were in favor, and motion carried 4 to 0.
CORRESPONDENCE - No comments.
PUBLIC COMMENT
s Tobin suggested that next year the township combine their road projects and line painting with Washington
Township to save money.
s Aungst noted that on the Recreation Board minutes received Michael Fegley submitted a new plan for the
gazebo and the tentative site is at the northwest corner of the walkway.
s Zimmerman noted he received a request from the county for dry hydrants at the Clubhouse and noted in the
agreement it states we would have to plow the road to the Lake. The item was tabled for review at the next meeting.
s Zimmerman said he is dissatisfied with the Sewer Authority. He said the whole idea of moving the sewer plant
was to save money, they eliminated a meeting room in the plant to save money, and then they bought a building in
the Borough for over $200,000 so they have an office. He is not happy with their decisions. Zimmerman feels there
a lot of poor judgments and decisions being made.
s Ferguson reported the Supervisors need to decide whether they will offer complementary Medicare coverage
to employees that are of retirement age. The supplemental insurance is not currently on the townships’ plan, but can
be added and information was given to Aungst who is in charge of the employee’s health insurance. She noted this
decision needs to be made at the next meeting as an employee is reaching retirement age in August.
s Ferguson reported a check received in the amount of $22,519.61 and letters from Senator James Rhoades,
Bob Allen and from DEP congratulating the township on applying for and receiving this grant money for reimbursing
the township for 50% of the cost of employing the Host Municipal Inspector. Ferguson noted the money was
deposited in the General Fund Revenue account and asked if that is where the supervisors wanted the money
placed, all agreed that was correct.
s Ferguson said her neighbor; Jamie Laguna was present to talk to the supervisors about a stormwater problem
on Mexico Road that affected their properties. The Township storm drain is on Laguna’s property and the previous
owner built a swale that directed the water onto the Ferguson property. Ferguson said that after her house was built
the stormwater started eroding her sand mound so she contacted Clinton Koontz, the Zoning Officer to look at the
situation. After looking at the storm drain, Koontz directed Ferguson to the Schuylkill Conservation District because
he felt it was covered under the erosion and sedimentation plans of the subdivision. Ferguson said at that point she
let the issue go and her husband dug a shallow ditch on their property to direct the water around the sand mound to
the back of their property. Ferguson added that Jamie Laguna contacted her recently and said she is not happy with
the current situation because of standing water and concerns about mosquitoes etc. Ferguson pulled the original
subdivision plans from the Planning Commission files and contacted Craig Morgan at the Conservation District.
According to Morgan’s review, it is a stormwater problem and there appears to be a conservation easement on the
property line that the Township should enforce. Ferguson asked what the supervisors could do to handle the
stormwater that is coming from the township storm drain and asked them to look at the area. Laguna said she had
pictures with her showing how the water stands along the road on the other side and how it is damaging her mailbox,
she questioned if she could cement her mailbox in. Zimmerman said she could cement her mailbox in as long as it
was not on the Township right of way which is 16½ feet from the center of the road. Laguna questioned if the
township would do anything to correct the stormwater flow. Laguna said the trench was dug in between the
properties and as it comes down to the center of her yard, the stormwater is completely curving and flowing into the
back of her yard and no longer on the easement. Zimmerman said they could look at it, but said the township will not
go onto private property to fix something. Zimmerman said the storm drain existed before there were houses and
yards there, the township did nothing to change the flow of the water, the people who built the houses etc. changed
the water flow. Laguna said the drain coming from across the street, put there by the township, has flowing water that’
s causing damage to her property. Zimmerman said the township had permission to put that storm drain there years
ago, from the previous property owner. Laguna asked if the swale is her responsibility even though it is there for the
township drain and can she block it etc. Zimmerman said it is her responsibility and she can move it anywhere on her
property, but she cannot block it. Koontz added that she can move it as long as it does not affect her neighbor’s
property. Supervisors Aungst and Zimmerman agreed to meet with Laguna and look at the problem.
s Tom Hlavaty commented on the bid submitted for the heating and air conditioning. Hlavaty said he could not
responsibly use old ductwork and to follow the new UCC code it would require new insulation. He said his bid
includes zoning with 4 thermostats and ductless A/C system in the conference room to handle high load situations
when meetings are held.
s Dawn and Steve McNalas, Oak Grove Road submitted pictures regarding stormwater problems on their
property and the township road caused by water from a neighboring property. Zimmerman said the problem was
reviewed and corrected ten years ago, in his opinion they need to contact a lawyer. Zimmerman said the problems
were probably due to the fifty year storm event and its heavy rains that we had. Tobin asked if they had contacted
the Conservation District. Dawn McNalas also said the neighbors are farming on acreage less than the five acres
needed for farming according to our ordinances. Steve McNalas said he does not want to get sued if someone
hydroplanes on the water running onto the township road. Aungst said he felt the township needs to cut the road
down lower so more water goes into the drop box. Dawn said the water needs to be stopped where it is coming from.
Tobin said that is why she asked if they had contacted the Conservation District, because you have to control the
water on your own property. Steve McNalas said they had contacted the Conservation District who told them to talk
to the township, he added that they will get something in writing and have it for the next meeting. Tobin said to let the
supervisors know before the meeting if they get a response from the Conservation District.
ADJOURNMENT
At 10:53 PM, Aungst moved to adjourn the meeting, Tobin seconded the motion, all in favor, motion carried 4 to 0
and meeting was adjourned.
Respectfully submitted,
Kathy Ferguson, Secretary / Treasurer