July 14, 2005 Regular Meeting:
There were at least three issues that I believe are of general interest to Maidencreek residents.
Trout in Willow Creek:
The supervisors voted to allow the PA fish and boat commission to stock the Willow creek with trout. The section to be stocked is between Pleasant Hills Road and Route 73. The section between Schaeffer Road and 73 is township owned, fishing along any other section will require permission of the land owners. The other benefit of this is the PA fish and boat commission will get us permits and materials for stream bank maintenance. Private groups can receive these permits and materials in the “Adopt a Stream” program.
Railroad Roadbed:
The railroad right of way between Blandon and Reading is up for auction. The railroad is taking bids on this property. This is an opportunity for several of the municipalities to band together to get walking/bicycle trail that would have interesting destinations. People from Laureldale could come up to Young's store for ice cream etc. Likewise, it may provide a safe way to walk or ride a bike to Wal-Mart or the other stores in Muhlenberg township. We referred the matter to park and rec. We are also contacting the other municipalities to see if there is any interest.
Is this a legitimate thing to spend tax money on? A swimming pool can be done by a private club. Access to a swimming pool is easy to control to the membership of the private club. A bike path/ walking trail is another matter. Having people pay a user fee, and membership to a private club seems nearly impossible to police in the case of a trail. The township already provides roads for transportation. This trail would just be another township involvement in transportation. I prefer a private solution, but I can support local government involvement in a trail. I would be interested in hearing from you on your thoughts concerning a walking trail going from Main Street Blandon through Temple, Muhlenberg, and Laureldale to around Spring Street in Reading.
Potty Police, or the Act 537 Plan and the DEP response to Maidencreek:
The Pennsylvania Sewage Facilities Act (Act 537) requires that all Commonwealth municipalities develop and implement comprehensive official plans that provide for the resolution of existing sewage disposal problems, provide for the future sewage disposal needs of new land development and provide for the future sewage disposal needs of the municipality. Maidencreek had a plan in place in 1998, but it requires modification. We sent in an update in November of 2004. DEP would like us to force all owners of on lot septic systems in to a regular schedule of pumping. The idea would be that these people would be required to provide the township with proof of pumping (i.e. a receipt) This “one size fits all” DEP plan would make no distinction between the husband and wife who both work and spend little time at home, and the family of 6 that is constantly doing laundry. Both would be required to follow the same pumping schedule. As I recall the pumping was once every two years or so. Many people present at the (2004) meeting said they were able to go many years without pumping depending upon the usage of their system.
The state rejected our 537 plan update (in part) because we refused to force residents to pump on a schedule mandated by bureaucrats. Currently in Maidencreek you are responsible to maintain your own system. If you leak, the township will cite you and you may be fined up to $5000 (depending upon the mood of the district justice). In addition the township will pump your system and bill you for the actual cost of the pumping. These ordinances were used when the mobile home park leaked. The trouble with the mobile home park, was that the cost to fix the system was around $750,000. In addition the D.J. never levied the maximum $5,000 fine. It takes a boatload of $5,000 fines to make spending ¾ of a million dollars look like a good idea. That is why the supervisors prepared to go to the court of common pleas and get an injunction shutting down the leaking system. The mobile home park was sold and the new owner repaired the system. (by the way the $5,000 maximum fine comes from the state not the township. we legally could not fine the mobile home park more than $5,000 per leak even though $5,000 was not an adequate incentive for him to repair that system.)
The current ordinances recognize that you are all adults and will be responsible to maintain your own systems. If you don't, we have ordinances that allow us to protect your neighbors, and force you to behave responsibly. The $5,000 fine would be more than enough incentive for the single home owner to maintain his system. The state is saying that despite the fact you hold jobs, pay mortgages, raise children, drive cars etc. you are too stupid to maintain your own septic tank. You need the township to ask you for receipts. The state want the township to be your nanny to assure that you are properly pottied.
Your supervisors asked the engineer an attorney to investigate what options the supervisors have to avoid passing this ordinance with the one size fits all pumping schedule. It is likely that this is another mandate by the state, and we'll discover the state actually requires this ordinance at bayonet point. If that is the case, the local government will receive the wrath of the people for something the state has mandated.
You can view the official Township meeting minutes at:
http://hometown.aol.com/maidenminutes/minutespg1.html
I still have copies of the Fredrick Bastiat book “The Law” available to Maidencreek residents. Email me if you want one.
Paid for by Roy Timpe