PINE GROVE TOWNSHIP SUPERVISORS
175 OAK GROVE ROAD, PINE GROVE, PA 17963
OCTOBER 13, 2004 MEETING MINUTES
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CALL TO ORDER
Chairman Larry Zimmerman called the October 13, 2004 meeting to order at 7:00 PM and opened the meeting with
the Pledge of Allegiance. Attending were Supervisors Diane Tobin, Allen Aungst, Herman Clemens and Jerry Wise.
Also present were Sect. / Treas. Kathy Ferguson, Judith Lehman, Clinton Koontz, Atty. Rick Wiest, Ed Davis, Donald
Wenrich, Lee Zimmerman, Dennis Schnoke, Donna Kloske, Leroy Schnoke and other residents; list on file.
PUBLIC COMMENT ON AGENDA ITEMS – No comments.
MINUTES / FINANCIAL ITEMS
s September 8, 2004 Meeting Minutes
Herman Clemens moved to approve the minutes, Allen Aungst seconded the motion, all voted in favor, motion carried
5 to 0.
s Treasurer’s Report
General Fund beginning balance was $2,098,430.40; September receipts were $48,616.28, September expenses
were $48,846.06 and the ending balance is $2,098,200.62. Aungst moved to approve the Treasurer’s Report,
Clemens seconded the motion, all were in favor, and motion carried 5 to 0.
s Approval of Bills
Diane Tobin questioned the need to pay the $150.00 invoice for renewing the bulk mailing permit. After discussion,
Aungst moved to discontinue paying the bulk mailing permit fee and remove this invoice from the bills for approval list,
Tobin seconded the motion, all were in favor and motion carried 5 to 0. Zimmerman moved to pay the bills; Tobin
seconded the motion, all were in favor and motion carried 5 to 0.
PERSONS TO BE HEARD
s Jim Hildebrand, IWA Wireless Services - Not present.
s Rick Wiest, representing the Pine Grove Joint Treatment Authority (JTA), spoke about the Sewer Plant
relocation from the west side to the east side of Interstate 81 to an area acquired from Tom Feeser’s development
project. Wiest said the current township zoning ordinance prevents the JTA from implementing the Act 537 Plan that
has been approved by the Board of Supervisors without requesting a variance from the Zoning Hearing Board. Wiest
said the township zoning ordinance defines municipal use as a use by the township and since the JTA is not the
township, but a sub-municipal entity, they can’t go to the Zoning Officer and get a permit, he must turn them down.
The JTA is requesting the supervisors make an amendment to their zoning ordinance “municipal use” definition which
would permit the JTA to implement the township’s Act 537 Plan without the added costs of applying to the township
Zoning Hearing Board for variances now and in the future when other things like pump stations need to be built.
Aungst expressed concern about giving the Sewer Authority the same authority as the supervisors have in the
township. Wiest said they would not have that authority, they cannot make any changes to the Act 537 Plan without
first having approval of the supervisors.
Clemens asked Zoning Officer Koontz for a comment. Koontz said the changing the definition of municipal use in our
zoning ordinance as Wiest is suggesting would then allow the Authority to build on any property they acquired in the
township regardless of what district it is in by submitting a zoning application; the alternative would be they submit a
zoning application every time they put a structure up and also obtain a variance for every structure they apply for.
Zimmerman said the stumbling block is the definition of municipal use as a use by the township and he does not want
to give that authority to the JTA because it says in the JTA’s book that they are not part of the township. Wiest said
the JTA is not asking for more authority, they cannot sewer, build a plant or put up pump stations unless it is in an Act
537 Plan and they cannot submit an Act 537 Plan without the supervisor’s approval. Wiest added that this is probably
the last time the JTA will come and ask for an amendment to the ordinance, they will apply for the variance every time
and the sewer rates will go up. Wiest added that he feels it is in the best interest of the community that this ordinance
be amended and the board has the regulatory power over the JTA through the Act 537 Planning process. Clemens
said he if there is a way to amend the ordinance and protect the board he is in favor of avoiding all the legal costs.
Zimmerman said if it can be worded that municipal use would be tied to the Act 537 Plan only, then he would be in
favor of changing the ordinance. Clemens moved to have our solicitor to draft an amendment to the zoning ordinance
definition of municipal use. Tobin stated she is the administrative secretary for the JTA board, not a member of the
JTA board and said that the township’s safeguard is in the Act 537 Plan, that is where the township dictates to the JTA
where the sewage goes.
Tobin added that by amending the ordinance the supervisors can prevent the JTA from spending thousands of dollars
every time there is an upgrade to the sewage. Tobin said the JTA operates strictly on sewer revenue and loan money
with no outside funding except for a few grants; it is all tied back to the people who are on the sewage system, those
are the people who have to foot the bill. Aungst seconded Clemens motion, all were in favor and motion carried 5 to
0. The supervisors agreed that Wiest would contact Solicitor DiNicola about preparing a draft to amend the township
zoning ordinance.
REPORTS
Planning Commission
s Pine Vista Estates Phase 2 - Ed Davis and Ron Aungst presented the Phase 2 Final plan and the sewage
module to the supervisors for approval. Davis said Phase 1 is nearly completed and they have conditional approval
from the Township Planning Commission for Phase 2. Lot 39 was discussed, it is split between the township and the
borough and is zoned different. Davis reviewed the waiver items in the letter from the township engineer that were
approved by the Planning Commission. Ferguson said Horst noted the letter from the supervisors stating they would
take over the maintenance of the roads should be amended to include the storm sewers and drains. After review of
the plans, Zimmerman moved to approve the Pine Vista Phase 2 sewage planning module and adopt Resolution
#101304, Aungst seconded the motion, all were in favor and motion carried 5 to 0. Zimmerman moved to conditionally
approve the Pine Vista Estates Phase 2 Final Plan, Clemens seconded the motion, all were in favor and motion
carried 5 to 0. Zimmerman moved to approve waiving the requirement for bus shelters in Pine Vista Phase 2 Plan,
Clemens seconded the motion, all were in favor and motion carried 5 to 0. Zimmerman moved to waive the
requirement of the velocity of drainage on the Pine Vista Phase 2 Plans, Aungst seconded the motion, all were in favor
and motion carried 5 to 0.
s Swatara Creek CLC Tentative Plan - Supervisors reviewed the Tentative Plan and decided to wait for the
Preliminary Plan to approve or disapprove any plans.
s Tobin reported the Planning Commission is looking for input from the Supervisors, the Zoning Officer and the
Zoning Hearing Board while they are going through the Zoning Ordinances and the Subdivision and Land
Development ordinances trying to coincide them with the Comprehensive Plan.
Engineers Report - No comments.
Landfill Inspector - Judith Lehman said she received a fax late today for the supervisors. Lehman said the letter is
from Dan Grow, Office of Solid Waste, Schuylkill County, asking the Board of Supervisors to consider the contents of
his letter in regards to the employment of the Host Municipal Inspector at their budget meeting on Thursday evening.
Roadmaster - Wise asked if the work on Mexico Road is in preparation for paving or if it is connected with storm
damage. Zimmerman said 95% of the work was in preparation for paving and the rest was storm damage. Tobin
reported Heinbach said 2 1/2 Mile Road needs repair and he is waiting for Mazzuca to complete some work near Barr’
s.
Zoning Officer - 6 permits, all were approved. Koontz said the state has more classes scheduled for the construction
code, he has two applications to send in this week, but they have not announced any class for the electrical part of
the code. Koontz said after he takes those two seminars then he will schedule the test. Koontz said he talked to the
land owner about the complaint, he read the ordinance about odor and when it is related to an agricultural activity, we
do not have any authority, only when it is non-agricultural.
OLD BUSINESS
Dry Hydrants at Sweet Arrow Lake - Zimmerman moved to send the agreement back to the County with the
supervisors recommended changes, Clemens seconded the motion, all were in favor and motion carried 5 to 0.
Per Capita Tax - It was noted that DiNicola is preparing the ordinance and Zimmerman tabled this until next month’s
meeting.
Township Building Outside Lights - Aungst reported the line coming into the building is faulty; they plan to dig a trench
to the back of the building for a direct line to the light poles.
2005 Budget Meetings - Ferguson said the meetings for October 14th and October 27th at 7 PM have been
advertised.
County Bulk Clean Up - Tobin said she still needs someone to man the site on Friday from 5 PM to 7 PM, Aungst said
he would.
NEW BUSINESS
Halloween Parade Route Approval for Borough - Zimmerman moved to approve Pine Grove Borough’s request to use
Township Fire Police and Township roads for detour purposes during the Halloween Parade to be held on October 16,
2004. Clemens seconded the motion, all were in favor, motion carried 5 to 0.
Trick or Treat Night - Zimmerman moved to set the township “Trick or Treat” night on October 30th from 6 PM to 8
PM. Clemens seconded the motion, all were in favor, motion carried 5 to 0.
Executive Session - Tobin requested an executive session on personnel matters. Zimmerman said it would be held at
the end of the meeting.
Fire Company Quarterly Meeting - Jerry Wise reported that he met with the Fire Companies on October 4th. Wise
said he told them we are working on next year’s budget and it was important to have an updated budget from them to
review. Wise said another issue discussed at the meeting was insurance coverage. Wise said during the recent
flooding the fire companies had three pumps that went bad because of debris in the water when they were pumping
out basements, when they submitted the paperwork to the insurance company for claims; they were not getting any
response. Wise said the fire company was not happy with what eventually was covered and they felt their previous
coverage with Volunteer Firemen’s Insurance Fund (VFIF) was better.
Wise said our insurance agent does carry VFIF policies. Zimmerman said it could be reviewed when our policy is
renewed. Wise said he thought the policy renewal was in November. Ferguson said the policy is renewed in March.
Wise said another concern the fire company had was the expense of cleanup of accidents on Interstate 81 that the fire
companies do not get reimbursed for. Zimmerman said why should our township have to pay for interstate service and
Wise asked if there is any other entity they can apply to for reimbursement.
Tobin said this was discussed before and she feels we should look into it. Wise said the other item mentioned was the
Emergency Management procedures and the director was out of town. Wise said the township is looking for someone
willing to take that position.
Landfill Gas Project - Wise said they had a meeting with Pine Grove Landfill about gas to energy program that he felt
was very informative. Wise said the amount of gas produced at the landfill is on the decline but can be used for years
and the landfill is looking at Guilford Mills for utilizing the gas. Tobin said the landfill is allowing the township to be
involved because of the Host Agreement stating the township would like to be involved in the gas project and they
want the township’s opinion. Wise said representatives of Guilford Mills at the meeting were excited about the energy
cost savings for them. Wise said Ingenco was the energy company at the meeting.
Donald Wenrich questioned the number of years the gas would be available and if the investment of setting up a
power plant is worth it. Lee Zimmerman from the landfill said Ingenco bears all the capital costs of the getting the plant
up and running and Pine Grove Landfill would receive a royalty from the sale of the gas which the landfill has agreed
to share with the Township. Wise said SEDCO said would help with any funds that can be appropriated for the
project. Tobin said Ingenco has offered to present their project ideas to the board. Lee Zimmerman said the landfill
has not signed anything with Ingenco and would not want to until the township is comfortable with it. The brochure
from Ingenco will be available in the township office for review.
Scenic View Road - Zimmerman moved to advertise for bid the base coat of macadam for Scenic View Road and
paving the Ravine Fire Company parking lot. Zimmerman noted the Fire Company will pay for their paving, but we
should include it in our advertisement. Aungst seconded the motion, all were in favor, motion carried 5 to 0.
Zimmerman said the project will start next week and they are requesting the road be closed for 2 days except for the
school bus and emergency vehicles. The township will need to have the stone on hand for our portion of the road. All
were in agreement and Zimmerman said he would give the information to John to close the road and have stone on
hand.
Hallton Hill Leaves - Kathy Ferguson said residents have been calling for a date when the leaves will be picked up on
Hallton Hill and other residents have asked why the township only picks up leaves on Hallton Hill. Zimmerman moved
to stop leaf pick-up on Hallton Hill, Aungst seconded the motion, all were in favor and motion carried 5 to 0.
Deposit for Heating System - Ferguson noted the down payment to Hlavaty’s for the new heating system was reduced
in lieu of receiving a 10% Performance Bond from Hlavaty’s as specified in the bid. Clemens moved to approve
reduce the down payment in lieu of the Performance Bond, Zimmerman seconded the motion, all were in favor, motion
carried 5 to 0.
Construction Permits - Ferguson reported residents are confused by Light-Heigel calling the construction permit a
“building” permit when the township also charges for a building permit. Aungst said he will contact Light-Heigel and
ask them to change their permit name.
CORRESPONDENCE
s Zimmerman said there is a letter from the school requesting the Township put up “No Parking” signs on Swopes
Valley Road near the entrance to State Game Lands and on
Old Forge Road near the entrance to High Bridge because the school bus cannot turn around when there are cars
parked there. Zimmerman moved to approve the school’s request and have the Roadmaster put “No Parking” signs
up and put letters on the windows of cars when parked there, Wise seconded the motion, all were in favor and motion
carried 5 to 0.
PUBLIC COMMENT
s Donald Wenrich asked if we will be able to give our opinion about the library on Election Day. Zimmerman
moved to have a survey on the library issue at the polls on election day, Tobin seconded the motion, all were in favor,
motion carried 5 to 0.
s Donald Wenrich said he recommends keeping the Landfill Inspector on even though the Landfill has closed, he
also feels that businesses should be taxed and the supervisors should institute the property tax.
s Dennis Schnoke asked the supervisors to halt any further subdivision until the Comprehensive Plan is in place
and noted that the Comprehensive Plan meetings are not being held once a month. Schnoke said he has a request
for planning waiver non-building declaration on which Howard Lengle states that there will not be any building that
results in sewage generation on that parcel. Schnoke said that is not so because they are putting in a development in
and he said it also states that it was subdivided for agricultural use. Schnoke said he was here before to inform the
board what was planned for the area. Schnoke said it was signed by Dave Siminitis who should have only signed it if
there was an existing septic system on the parcel; it was signed by Mark Todero and Kathy Ferguson. Ferguson said
the document is for the Lengle subdivision when Lengel sold some acreage and the non-building declaration refers to
the parcel the house is on and its septic system, not the parcel being sold off of it. Ferguson said it allowed Mr.
Lengel to subdivide without submitting a sewage module because he was not developing the land, if the person who
buys the land wants to develop it they must submit a sewage module. Schnoke said it looks like tricky paperwork.
Ferguson responded that her signature confirms that all the proper documentation has been submitted; we cannot
determine whether they are lying; their signature states that what they have on the paper is true; our signature states
the paperwork is complete.
s Donna Kloske said she feels that her opinion is not respected because the waiver went through and the
purposes for the ordinances don’t really matter.
s Leroy Schnoke asked about the water problem in Ravine. Zimmerman said we are waiting for the permit
approval from DEP to put the storm water into the creek.
ADJOURNMENT
At 9:35 PM, Zimmerman moved to adjourn the meeting and enter into an executive session on employee matters,
Aungst seconded the motion, all in favor, motion carried 5 to 0 and meeting was adjourned.
Respectfully submitted,
Kathy Ferguson, Secretary / Treasurer
Approved by the BOS 11/10/04. kgf