PINE GROVE TOWNSHIP SUPERVISORS
175 OAK GROVE ROAD, PINE GROVE, PA 17963
DECEMBER 8, 2004 MEETING MINUTES
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CALL TO ORDER
Chairman Larry Zimmerman called the December 8, 2004 meeting to order at 7:00 PM and opened the meeting with
the Pledge of Allegiance. Attending were Supervisors Diane Tobin, Herman Clemens, Allen Aungst, and Jerry Wise.
Also present were Solicitor Gino DiNicola, Sect. / Treas. Kathy Ferguson, Judith Lehman, Clinton Koontz, Dennis
Fidler, Karen Love, Martin Cuff, Donald Wenrich, Brenda Steckley, Michelle Porter, Karen Hoy, Lillian Patten, and
other residents; list on file.
PUBLIC COMMENT ON AGENDA ITEMS – Dennis Fidler said at the Planning Commission meeting he was under the
impression they would be on the agenda for Stanhope Estates, Zimmerman said he could speak after the “person to
be heard” listed. Karen Hoy said she would like to be heard on the Lovers Lane issue listed on the agenda.
Zimmerman noted an addition to the printed agenda, an executive session on the Landfill Inspector’s hours.
Adoption of Amendment to Zoning Ordinance – Zimmerman said a public hearing was held on the proposed zoning
ordinance amendment requested by the Joint Treatment Authority at 6:30 PM this evening. Solicitor DiNicola said
there was no public comment received at the public hearing on the change of definition for Municipal Use in the
Zoning Ordinance Article II, Section 201 Specific Terms. Herm Clemens moved to adopt Ordinance # 69 to amend
the Zoning Ordinance definition, Allen Aungst seconded the motion, Larry Zimmerman and Jerry Wise voted yes.
Diane Tobin abstained from the vote stating she is an employee of the Joint Treatment Authority. Motion carried 4 to
0.
MINUTES / FINANCIAL ITEMS
s October 14, 2004 Budget Meeting Minutes – Clemens moved to approve the minutes, Zimmerman seconded
the motion, all were in favor; motion carried five to 0.
s November 10, 2004 Meeting Minutes – Tobin moved to approve the minutes, Wise seconded the motion, all
were in favor and motion carried 5 to 0.
s Treasurer’s Report
General Fund beginning balance was $2,121,884.49; November receipts were $50,066.81, November expenses were
$34,214.72 and the ending balance is $2,137,736.58. 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
Ferguson said the bills included a request from Suedberg Fire Company for a $55,000.00 withdrawal from their
PLGIT funds and asked the board to approve the transfer of money from the Capital Reserve Fund to General Fund
if they approve Suedberg’s request. Aungst moved to approve paying the bills; Tobin seconded the motion, all were
in favor and motion carried 5 to 0. Zimmerman moved to transfer the $55,000.00 from Capital Reserves Fund to the
General Fund for the Suedberg Fire Company request. Clemens seconded the motion, all were in favor and motion
carried 5 to 0.
PERSONS TO BE HEARD
s L.E. & F. B. Inc. representative Martin Cuff spoke to the board about the sandwich shop they want to open at
27 Tremont Road and the liquor license they are purchasing. Cuff requested the board schedule a public hearing as
required by the Pennsylvania Liquor Control Board. DiNicola said Cuff’s legal counsel had notified the board of his
intentions; he had reviewed the letter and suggested a public hearing be set prior to the next township meeting on
January 12, 2005. Zimmerman moved to advertise the public hearing for January 12, 2005 at 6:30 PM. Clemens
seconded the motion, all were in favor and motion carried, 5 to 0.
s Stanhope Estates - Dennis Fidler representing Brett Habecker reviewed the plan for Stanhope Estates, a 17
acre parcel off the Howard Lengel farm. A public road is proposed with a 50 foot right of way, off the intersection of
Stanhope Road and Nut Grove Road. The plans are for 14 lots, single family dwellings with each lot to be one acre
and above. Fidler said the Planning Commission recommended a recreation area and the regulations say 2,000
square feet per lot, which would be about ½ acre. Fidler said Mr. Habecker is suggesting a contribution to the
township recreation area in lieu of setting aside the acreage for recreation. Fidler also said the Planning Commission
recommended a four foot sidewalk along the new road, but Habecker is proposing four foot gravel shoulders instead
to help the drainage situation.
Zimmerman suggested widening one shoulder 3 to 4 feet extra in lieu of the sidewalks to lessen the water runoff,
adding he is not in favor of sidewalks in the country. After discussion, Zimmerman moved to eliminate the need for
sidewalks in the Stanhope Estates subdivision in lieu of a 3 to 4 foot gravel addition to the shoulder on one side of
the road. Aungst seconded the motion, all were in favor and motion carried 5 to 0. Aungst said open space is
important and that is what he would like to see. Tobin said based on the fact that it would be only a ½ acre she would
rather see the money to the township recreation area in lieu of the space. Fidler noted the amount of space set
aside would be minimal and the township would need to maintain it. After discussion, Clemens moved to accept
money in lieu of the recreation area for Stanhope Estates, Tobin seconded the motion, all were in favor and motion
carried, 5 to 0.
REPORTS
Planning Commission / Engineers Report - Supervisors reviewed the Swatara Creek CLC Final Plan that the Planning
Commission has granted conditional approval. DiNicola noted that the security agreement needs to be completed
before the plans can be signed; it is one of the conditions that need to be met. Aungst moved to conditionally
approve the plan with the Planning Commission recommendations, Tobin seconded the motion; all were in favor and
motion carried 5 to 0. Zimmerman thanked the Planning Commission for all the time they spent in reviewing the
Swatara Creek plans.
Landfill Inspector - Aungst asked if she still gets the report that shows the amount of leachate between the liners,
Lehman said yes it is in her office, she used some of the information in her report. Clemens asked if her inspections
involve monitoring the gas. Lehman said she helps monitor the gas weekly and quarterly.
Roadmaster - Zimmerman noted the memo attached regarding the truck. Zimmerman and Aungst will look at the
truck and the other equipment before the next meeting to see what they want to get rid of. Clemens said Ralph Geist
did an outstanding job during the Fall Clean-up.
Zoning Officer - Koontz said he is now state certified in everything but electrical which he will get in January.
OLD BUSINESS
Per Capita Tax - DiNicola said the ordinance was advertised and noted the residents are already being assessed the
per capita tax, but it is going to the school instead of the township. Tobin moved to adopt the Per Capita Tax
Ordinance #70; Wise seconded the motion, all were in favor and motion carried 5 to 0.
Executive Session was entered into at 7:52 PM at the request of Larry Zimmerman for employee matters.
The meeting resumed at 8:23 PM and Zimmerman said cutting landfill personnel hours were discussed with the
landfill inspector. Zimmerman moved to cut the landfill inspector hours from a full time position to thirty hours per
week, Aungst seconded the motion. Zimmerman asked for questions before the vote was taken.
Aungst said should a citizen have an odor problem that requires her to go on an inspection, should those hours be in
addition to the thirty hours per week. Wise asked if that extra time would be overtime or straight time, Aungst said it
would be straight time because she would be working part time.
Tobin asked if she is on a part time basis would it eliminate all benefits. Zimmerman said yes. Donald Wenrich said
in reality they are only cutting five hours because half her salary is paid by the landfill. Aungst said no, DEP pays half
her salary.
Wenrich asked who is responsible if something happens at the landfill, Aungst said the landfill and DEP is. Brenda
Steckley said that knowing Waste Management’s record she feels it would be better to have Lehman there watching
the same way she is now. Aungst said it shouldn’t require the same hours because the landfill is covered at this point.
Zimmerman said he doesn’t see the need for forty hours now that they are not bringing in garbage and everything is
capped. Wise, Clemens, and Tobin voted no, and motion was defeated 3 to 2.
Clemens said for several years we’ve been besieged by concerned citizens and the activist organization and DEP
has said the landfill is not worthy of operating, so until he sees some safeguards, now is a more important time than
ever to have an inspector. Clemens said if the landfill is as bad as everyone says it is, then it is critical to have
someone monitoring it, she (Lehman) has made one of the government publications and was commended for the job
she does. Clemens said it is a small amount of money for the community’s safety, which is why he voted no.
Tobin said she voted no because the landfill has too much of an environmental impact in Pine Grove and Judy has
done an exemplary job.
NEW BUSINESS
Adoption of 2005 Budget - Zimmerman said the budget was made without imposing any new taxes even though there
is no landfill money coming in. Zimmerman moved to adopt the 2005 Budget, Clemens seconded the motion, all were
in favor; motion carried 5 to 0. Tobin said the budget was done without any additional tax money other than the per
capita tax we are taking back from the school, but it is a bare minimum operating budget; if anything should go wrong,
the money would have to come out of the Capital Reserves Fund.
Hallton Hill Leaf Pick Up - Tobin said she received several calls about the leaves on Hallton Hill since the last
meeting. Tobin said the residents said they were not allowed to burn the leaves in street where they used to
because of the macadam and they said the trees are on the township right of way.
Tobin said Heinbach measured the road and he said the trees are on the owners’ property. Tobin said the property
owners complained that if the leaves are not picked up they are plowed back up onto the sidewalk when it snows and
they have to clean them up; they are the only place in the township that has sidewalks.
Clemens asked if the township has a composting place, Aungst suggested using the old recycling area on Trumbo
Road that has a fenced in area to dump them into. Aungst said he doesn’t feel it is the Township’s responsibility to
remove the leaves from Hallton Hill. Wise said he thought there might be a law that would not allow that amount of
leaves in one area.
Zimmerman asked if anyone had changed their mind since last months decision to stop the leaf pick-up on Hallton
Hill, no comments or motion was made and the item was dismissed.
Lovers Lane - Karen Hoy read a statement about the dangerous turn on Lovers Lane, between the intersection with
Sweet Arrow Lake Road and Berger’s Market. Hoy suggested things that could be done to stop accidents; bank the
curve so cars would follow through the turn, improve the drainage of rainwater off the road and also surface the road
with non skid pavement. Hoy said there have been six accidents this year on this turn where vehicles have gone
through the fence onto the Peiffer property. Hoy said the “Slippery when Wet” sign is missing and asked if the sign
has been ordered. After discussion, Zimmerman moved to cut grooves across the road to divert the water off the
road, Clemens seconded the motion, all were in favor and motion carried 5 to 0. Tobin said that Heinbach said he
had ordered the sign.
Landfill Gas Project Joint Meeting - Tobin said the joint meeting is on December 16th at the Borough Hall at 7 PM.
Painting Supplies - Tobin asked the board to bring any extra painting supplies they might have to the township
building for the work group from the prison to paint in January.
CORRESPONDENCE - No comments.
PUBLIC COMMENT
s Aungst said the plans for the pond area have not been sent in to DEP as stated in the Recreation Board
Minutes from November 9th that the board received tonight. Aungst said he and Dennis have to do some elevation
and things before the plans can be sent.
s Aungst said the record should reflect that 370 voters were in favor of the $10 library tax and 411 were opposed
to the library tax in the survey held on Election Day.
s Wise mentioned the heating system doesn’t seem to be working correctly at the one vent. Ferguson said she
had contacted Hlavaty’s about the situation and they will check into it when they come in on Thursday to finish the air
conditioning.
s Zimmerman mentioned the memo from Ferguson stating that she has found the office door open on several
occasions when she came in to work. Zimmerman said he doesn’t see a need for the supervisors to have a key to
the office and said he thinks it is time to change the locks. Clemens agreed and said we should not wait until it
becomes a serious thing since they have been alerted to the problem. Aungst said the chairman should have a key.
Clemens moved to change the lock on the office door and move the supervisors’ mail and correspondence to their
office, Tobin seconded the motion, all were in favor and motion carried 5 to 0.
s Ferguson asked the board for permission to spend around $200 for a new commercial shredder for the office
as the current one is not working. Zimmerman moved to purchase a shredder for the office, Clemens seconded the
motion, all were in favor and motion carried 5 to 0.
s Ferguson said John Wallowak from PEMA called today about the claim forms for the flooding. Aungst said he
and John will complete the paperwork and Ferguson gave the paperwork to Aungst.
s Donald Wenrich asked if the board had been approached about putting a cell tower in. Zimmerman said not
lately. Tobin said there are towers in the township and companies normally attach to existing towers.
s Michelle Porter asked the board if they made a decision about the EMS tax. Zimmerman said the only
information he had was the information in the newspaper. Porter explained the tax is in place of the Occupational
Privilege Tax and the municipalities are being asked to enact an ordinance for the tax and it can be up to $52.
Zimmerman said they have not made a decision.
s Karen Love said last meeting she had complained about the noise at Zimmerman’s Sawmill in Ravine since
they moved a chipper in and wants to know if anyone checked into it. Aungst said he did not recall that he was to
look for a meter until he got the minutes today, he did make some calls and both engineers (Benesch and Light-
Heigel) are trying to locate a meter. Aungst said he had been there to listen to it today and he didn’t hear it; he was
unable to go the day they called. Love said the chipper wasn’t running today. Aungst said he will pursue the matter.
s Lillian Patten asked if they put up the “No Parking” signs in Swopes Valley for the buses. Aungst said he
thought they were just put up and according to the Roadmaster report they were put up and knocked down.
ADJOURNMENT
At 9:15 PM, Tobin moved to adjourn the meeting, Zimmerman seconded the motion, all in favor, motion carried 5 to 0
and meeting was adjourned.
Respectfully submitted,
Kathy Ferguson, Secretary / Treasurer