September 8, 2005 Regular Meeting:
There are several issues that I believe are of general interest to Maidencreek residents.
FYI Berks County Household Hazardous Waste Collection:
Berks County Household Hazardous Waste Collection will be at the First Energy Stadium October 8, 2005 0800 – 1600 (8 AM to 4 PM) First Energy Stadium is on route 61 in Reading.
Township will seek a new receptionist:
Julie Guistwite has resigned as our zoning secretary & receptionist. She has found a position elsewhere. Julie has done an excellent job and will be missed. We have received nearly 100 resumes. We are reviewing them.
Planning commission opening:
We intend to fill the opening on the planning commission in a special meeting 9/22/05.
Sludge on farms:
At the previous meeting there was a farmer present at complaining about the DEP lack of enforcement of existing regulations concerning the spreading of sludge on the farmland that drains into lake Ontelauntee. There were several other farmers at the meeting who seemed to think that it would be a good idea for local government to regulate the spreading of sludge near the lake. The solicitor was asked to investigate the matter. The one farmer observed that it is ironic that the same DEP who wants to mandate a one size fits all pump out on every one, will allow sludge to be spread within a few hundred feet of creeks that lead right into the lake.
The solicitor, Gene Orlando, reported that he believed that we could pass ordinances that would mirror the DEP regulations. Mr. Orlando felt that going further than mirroring the DEP regulations would likely not stand up to a court challenge. DEP has very few resources to inspect the application of sludge on land in our county. We directed Mr. Orlando to continue his research with an eye toward drafting an ordinance.
Newsletter Content:
The text in blue font below appeared in our most recent township newsletter. The text was approved by the other two supervisors. It is my hope to use the supervisors section of the newsletter to educate the residents about how their local government works, and to encourage more people to become involved. With democracy, people get the government they deserve. We need a supply of willing people to serve on the various committees to assure good government in Maidencreek.
A word from the Chairman:
Gloria Kemmerer served the township well on the planning commission and the board of supervisors. Her resignation required the other two supervisors to come to an agreement with a replacement. Had Bob Kopfer and I failed to agree on a replacement, another meeting with the two supervisors, and the vacancy board chairman would have been scheduled. As it was Bob and I were able to come to agreement on Claude Beaver to fill Gloria's seat for the balance of the year. We as a township were fortunate to have many people willing to serve. There were a total of eight people willing to serve. Claude Beaver, Marty Buck, Jack Faust, Larry Kunkel, Paul Martin, Joe Rudderow, Cindy Stump, and Carl Weston.
Here in Maidencreek we are governed by the second class township code. This code is a creation of the Pennsylvania State Legislature, and provides for a board of supervisors along with various commissions and boards to govern the township. The supervisors also can create various authorities as they see fit to assist in providing services to the taxpayers.
In Maidencreek we have the three person board of supervisors, consisting of myself, Bob Kopfer, and most recently Claude Beaver. The supervisors pass the ordinances, appoint members of the planning commission, zoning hearing board and water authority. The water authority is responsible for managing the municipal sewer and water. The planning commission reviews all plans for building to assure that they comply with the existing ordinances of the township. The planning commission also drafts copies and updates of the zoning ordinances and makes recommendations to the board of supervisors. The zoning hearing board is more judicial. If a resident feels a zoning ordinance is too restrictive, and wants a variance, the resident will go before the zoning hearing board. The zoning hearing board may receive opinions from the planning commission and supervisors concerning the request for a variance, but the zoning hearing board is completely autonomous. There is also a park & recreation board that is involved in planning the parks and recreational activities like community days.
This is the way the second class township code divides power and responsibilities in an effort to protect the liberty of the residents. For the most part, it works, but not always. I heard of a rural Berks County township (District township I believe) that passed an ordinance that required residents to obtain a permit for any activity that affected more than 500 square feet of the township. This included felling trees, and planting a garden. Such an ordinance is allowed under the second class township code. The residents got the ordinance overturned on a technicality by their zoning hearing board, and later defeated the supervisors in elections such that it was never passed again in any form.
This incident illustrates a point, government can usurp control of areas best left to the private sector (i.e. families, churches, charities, businesses etc.) George Washington observed that, “Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master.” What do you see people do when they are camping and they build a fire? They place a ring of rocks around that fire. They do this because the fire is good as long as it stays in its proper sphere of influence. If the fire is allowed out of is proper place, into the area of the family or other private sector, everyone suffers. The best way to assure the fire of local government stays in the ring of rocks is to make sure those rocks are people willing to keep the fire a servant of the community and willing to contain it in its proper place.
Maidencreek is fortunate that we had so many qualified volunteers for Gloria's position. Many of these people are serving already, and some our new to the township. There will, undoubtedly, be other opportunities to serve in the future. The board thanks them for their willingness to serve.
- Roy Timpe
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