PINE GROVE TOWNSHIP SUPERVISORS
175 OAK GROVE ROAD, PINE GROVE, PA 17963
JANUARY 12, 2005 MEETING MINUTES
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CALL TO ORDER
Chairman Larry Zimmerman called the January 12, 2005 meeting to order at 7:00 PM and
opened the meeting with the Pledge of Allegiance. Attending were Supervisors Herman
Clemens, Allen Aungst, and Jerry Wise. Also present were Sect. / Treas. Kathy Ferguson,
Solicitor Gino DiNicola, Judith Lehman, Clinton Koontz, Martin Cuff, Dave Ravegum, Donald
Wenrich, Lynn Johnson, and other residents; list on file.
PUBLIC COMMENT ON AGENDA ITEMS – No comments.
MINUTES / FINANCIAL ITEMS
s December 8, 2004 Public Hearing Minutes
s December 8, 2004 Meeting Minutes
s January 3, 2005 Reorganization Meeting Minutes
Aungst moved to approve the minutes, Wise seconded the motion, all were in favor and motion
carried 4 to 0.
s Treasurer’s Report - General Fund beginning balance was $2,137,735.58; December
receipts were $47,965.85, December expenses were $64,221.61 and the ending balance is
$2,121,479.82. Clemens moved to approve the Treasurer’s Report, Aungst seconded the
motion, all were in favor, and motion carried 4 to 0.
s Approval of Bills - Aungst asked Ferguson if the $1,285 bill from Benesch for Swatara
Creek was charged to the customer. Ferguson said it would be and that Swatara Creek is
current. Clemens asked about the heating system; Ferguson said that Hlavaty’s had replaced
the thermostat in the conference room and it seemed to be working now. Ferguson said the
office door still needs to be vented because of the heating system. Zimmerman said Ferguson
should have someone come in and do the job. Aungst moved to approve paying the bills;
Clemens seconded the motion, all were in favor; motion carried 4 to 0.
PERSONS TO BE HEARD
Martin Cuff, representing L.E. & F. B. Inc., requested the board adopt a resolution approving
the inter-municipal transfer of a liquor license as required by the Pennsylvania Liquor Control
Board (PLCB) for a restaurant they want to open at 27 Tremont Road in Pine Grove. Clemens
asked how critical the liquor license is to the business. Cuff replied the license is very critical.
Clemens asked if they would be in competition with the beer distributor and if they intend to
buy supplies locally. Cuff said they will not compete with the distributors and they do intend to
buy locally. DiNicola said if the board is prepared to approve the resolution, they are stating
the inter-municipal transfer of the liquor license does not adversely affect the health, welfare,
peace and morals of the township residents. Dinicola said it is an administrative procedure of
the board and the PLCB will ultimately approve or deny the transfer of the license. Zimmerman
moved to adopt Resolution
#2005-01; Clemens seconded the motion, all were in favor and motion carried 4 to 0.
Dave Ravegum addressed the board regarding the harms versus the benefits in the Landfill’s
“Gas to Energy” project. Ravegum said if the project would guarantee the future
of Guilford Mills, reduce air pollution, not create any safety issues in our community and not
promote expansion of the landfill; it would be a beneficial project. Ravegum said he feels it
would guarantee none of these things and spoke at length about these items. Ravegum
spoke about safety issues and said the landfill gas is explosive, unregulated, corrosive and
highly flammable. Ravegum concluded by saying he feels the project will be used to promote
the landfill, but it could be a really good project if the gas could be cleaned up properly.
Ravegum also submitted some printed material for the supervisors to review.
REPORTS
Planning Commission / Engineers Report - Ferguson noted the Planning Commission meeting
on January 5th was cancelled due to the weather and is rescheduled for January 19th.
Ferguson also said the Pottsville Republican newspaper incorrectly reported that the
Stanhope Estates subdivision plans were approved by the supervisors when in fact the plans
are still being reviewed by the Planning Commission.
Landfill Inspector - No comments.
Roadmaster - Clemens said he wanted to ask the Roadmaster about the workload for the road
crew during the winter; Roadmaster was not present.
Zoning Officer - Zimmerman said there was one permit approved in December. Koontz said
the township is losing revenue when people do not pick up their zoning permits and pay for the
building permit. Zimmerman said Koontz should call and check on any permits not picked up
after two months to see if the building was put up.
OLD BUSINESS
Noise Complaint - Zimmerman Sawmill Aungst reported that he located a dosimeter and will set
a date with Mr. Zimmerman and Mr. Love to check the noise level from the sawmill.
NEW BUSINESS
Clayton Schnoke - Trees on Hallton Hill Ferguson said Tobin e-mailed her a request from Mr.
Schnoke saying he wants a letter from the township giving him permission to cut trees down on
his property. Zimmerman said we have no tree ordinances. Koontz said the Zoning Ordinance
allows him to clear 20% of his lot, so if he has five trees, he can cut one down and Zimmerman
agreed. DiNicola recommended no action be taken.
Pension Plan - Part Time Eligibility Requirements - Ferguson said she briefly reviewed this item
with Dinicola; there is a new issue with the pension plan eligibility requirements. Ferguson said
PMRS is allowing municipalities until July 1, 2005 to adopt an ordinance to define if future
permanent part time employees would or would not be allowed on their pension plan.
Ferguson said current part time employees would have the option until July 1, 2005 whether or
not to participate in the plan. Ferguson said she recommends the board enact an ordinance
not requiring future part time employees to join the plan because it is a mandatory 3% withheld
from their pay and it becomes a problem for those only working a few hours a month, such as
the cleaning person and those on the Planning Commission, etc. Zimmerman moved to have
DiNicola look into the matter and draft an ordinance to prohibit future part time employees from
participating in the township pension plan. Clemens seconded the motion, all were in favor
and motion carried 4 to 0.
Appointment to Joint Treatment Authority - Zimmerman said the Township received a letter
from Mr. Klinger stating he would like to be reappointed. Clemens moved to appoint John
Klinger, Sr. to a five year term on the Joint Treatment Authority Board and Wise seconded the
motion. Aungst voted in favor and Zimmerman opposed the motion; motion carried 3 to 1.
60 Day Extension Requests - Stanhope Estates & Hampton Inn
Ferguson said letters of request for extensions on plan approval were submitted by both
developers, in part because of the Planning Commission’s meeting cancellation and time
issues. Zimmerman moved to approve both requests, Clemens seconded the motion, all were
in favor and motion carried 4 to 0.
CORRESPONDENCE
s Zimmerman noted a letter confirming the meeting Bob Allen’s office arranged with the
Borough and the Joint Treatment Authority on January 20th at 7 PM at the Borough Hall in
regards to bringing public water to businesses near Interstate 81.
PUBLIC COMMENT
s Wise asked Ferguson if the Suedberg Fire Company had given us a financial
statement. Ferguson said she thought that Ravine had responded to Tobin and said they
would have one for us after the end of the year, but we have not received anything from either
fire company. Wise said they are planning their quarterly meeting with the fire companies.
s Ferguson said she obtained some information from Berkheimer in regards to the EMS
tax. Ferguson said the current OPT tax is figured on approximately 850 individuals working in
the township and at a rate of $10 brings in about $8,500 in revenue to the township.
Ferguson noted that Berkheimer also collects the Earned Income Tax of 1% for the township
and sends those tax forms to 2,686 people living in the township; but that number may include
some retired people or individuals with no income. Ferguson said Berkheimer would like a
definite decision from the Township if they plan to impose the new EMS tax rate. Zimmerman
said they have already decided not to change the OPT tax and Ferguson asked him to make it
official by putting it in the form of a motion for the records. Zimmerman moved to not impose
the EMS tax, Clemens seconded the motion, all were in favor and motion carried 4 to 0.
s Donald Wenrich said several months ago the fire company reported their fund drive
collected $17,000 and they spent $10,000 collecting that money. Wenrich said it is a high cost
of administrative fees. Wise said he thinks they take the cost of mailings and everything into
consideration, but he will clarify the fund raising figures.
s Wenrich said since they are talking about saving money, have they considered going
back to three supervisors? Zimmerman said no one has talked about it and when the vote was
taken, it was so close to a fifty-fifty decision, that no matter what you do, only half the people
would be happy. Wenrich said also if the people are dissatisfied, they can start a petition to
put it on the ballot.
s Lynn Johnson said the Planning Commission was still discussing the Stanhope Estates
plan and felt that it should not have been brought before the supervisors. Zimmerman said it
was written up and presented to them that the Planning Commission wanted their approval on
the money in lieu of recreational space and gravel shoulders in lieu of sidewalk issues.
Zimmerman said the only way to solve this is for the Planning Commission to give them a direct
report saying no action should be taken on this subdivision. Ferguson said the Planning
Commission has been allowing the developers to push them into contingent approvals and
confusion results; Johnson agreed.
s Zimmerman called for an executive session after the meeting on possible litigation.
ADJOURNMENT
At 8:20 PM, Zimmerman moved to adjourn the meeting, Clemens seconded the motion, all in
favor, motion carried 4 to 0 and meeting was adjourned and supervisors entered into an
executive session..
Respectfully submitted,
Kathy Ferguson, Secretary / Treasurer