Upper Pottsgrove Sewer Rates Would Fall Then Rise if System is Sold to Pennsylvania American Water

A screenshot of  Upper Pottsgrove's online informational meeting on April 6 regarding the potential sale of the township's sewer system.

Upper Pottsgrove sewer rates would drop by about 9.6 percent if the township sells the system to Pennsylvania American Water, a spokesman for the company said Monday night during the first of four scheduled informational meetings on the subject.

However, the decrease -- from the current $71.87 per quarter to $65 per month -- would be short-lived, according to Bernie Grundusky, senior director for business development for the company.

A chart he shared as part of the online meeting showed rates would return to the current rate in three or four years and then increase annually by an average of 3 to 4 percent.

"Although you might see two or three percent," he said.

Resident Don Clancy said a deal that lowers rates initially and then "raises rates 4 to 5 percent indefinitely is a bad deal."

He said the best way to make an informed decision is to compare the increases Pennsylvania American projects to those the township might have to impose. "So we would need to have a look at future costs by the township and we haven't seen that presented tonight," observed Clancy.

"It seems like you're pursuing a short-term fix and creating long-term problems," said resident Al Leach, who is also a member of the Pottsgrove School Board.

After Leach asked how Pennsylvania American's rate projections compare to the township's history of rate hikes, a variety of answers rose in a flurry.

Commissioner Renee Spaide said "in 2007, rates rose 72 percent in one year. I'll just put that out there."

Chris Pelka, the township's sewer engineer, interjected that hike was due to the failure of the Regal Oaks pump station, part of a small private system that failed and which the state required the township to take over.

"That was forced on the township and was an unforeseen circumstance," Pelka said.

Commissioners Chairman Trace Slinkerd then rattled through a list of rates dating back to 2008 too rapidly for me to repeat here with any hope of accuracy.

Former commissioner Elwood Taylor, who has raised several questions in the past about his perception that the township is pushing hard to sell the system, offered that "the rates have been relatively stable for the last 10 years."

"If we sell the system or not, it will cost us more money," Spaide said. "We will have to borrow money to do these projects."

The projects to which she refers are those included in something called the 537 plan, so named after PA Act 537, the law under which sewer system capital projects are outlined.

In February, commissioners approved a bid from Doli Construction for another phase of the Regal Oaks sewer system project. The bid of $537,440 was within the budget for the project, which benefits from a $200,000 state grant to cover part of the cost.

The project will connect 26 homes on Rose Valley Road and Holly Berry Court, as well as seven homes on Gilbertsville Road.

However, according to the presentation made last night, future sewer projects in the 537 plan would be undertaken by Pennsylvania American Water, if the township sells them the system.

Phase 2B of the Regal Oaks expansion; as well as sewer service to Horsehoe and Bruce drives; as well as Continental and Old Orchard drives, would all be undertaken by the company if the system is sold.

Further, unlike when the township constructs new sewer lines, property owners would be spared the $5,447 tap-in fee if the company undertakes the project.

Grundusky explained that the company works under a different system than the township and existing homes and businesses are not charged a fee to connect to the system.

Further, the company will even contribute $15,000 toward the cost of extending the system in the street beyond the area outlined in the 537 plan if requested by a homeowner who wants to connect.

Grundusky said a $4,000 "capacity fee" is charged to new homes and businesses built after the company buys the system, he said.

Slinkerd said Pennsylvania American's bid of $13,750,000 was about $332,000 higher than what the township had hoped to receive.

Ben Kapenstein, who works for PFM, the township's consultant in this matter, said Aqua PA was the other company to bid and because the two bids received on March 16 came in "within 10 percent of each other, we proceeded to a phase called 'best and final offer,' in which we contacted both bidders and informed them they could submit higher bids of they wish."

The final bids were reviewed during a March 25 executive session, he said.

In a physical letter sent out to residents Monday, the same day as the first meeting, and posted on the township Facebook page (but not the website), the township laid out its reasoning for considering the sale.

The primary reasons listed include township debt of $8.4 million; and unfunded pension liability of $1.7 million; and a need for between $3.5 million and $4.5 million in repairs and upgrades to the township highway and police department building on Heather Place, and the township offices beneath the firehouse on Farmington Avenue.

However, questioning by residents revealed that of that $8.4 million debt, only about $4,728,507 of that debt is held by the sewer system.

The $8.4 million total also includes about $2.1 million in debt in the open space fund, which could be paid back with proceeds from the annual earned income tax dedicated to open space, and another $2 million in general fund debt.

Taylor called the slide outlining the township's debt, without revealing that only half is attributable to the sewer system itself, "misleading." He asked "how do the commissioners justify using money from the sale of the sewer system to pay down general fund debt?"

Not all of the township is hooked into the sewer system, and Taylor and several of the 47 people who participating in the online meeting asked why those who have never paid into the sewer system should benefit from the sale of an asset only those on the system have paid to improve and maintain.

When Limerick Township sold its sewer system to Aqua PA for $75 million in 2018, township officials used the proceeds to pay off township debts not related to the sewer system and invest $55 million into its capital for future needs, like new firehouses in Limerick and Linfield.

At the time, Limerick Township Manager Dan Kerr said the number of people in the township not on the sewer system was small. Limerick, Kerr said, has about 6,500 parcels and about 5,800 sewer accounts, meaning the system served a little over 89 percent of the parcels in the township.

The areas in green of the township's official sewer map show the parcels that are served by the system.

Upper Pottsgrove's sewer map shows more than 2,300 parcels in Upper Pottsgrove and Grundusky said the sewer system serves about 1,500 of them, meaning the system serves about 65 percent of the township's parcels.

Put another way, about 35 percent of Upper Pottsgrove's parcels will benefit from the sale of a system they have never used and never paid for.

But Marc Feller, an attorney for PFM, offered another perspective. He said paying down the general debt will lessen pressure to raise taxes, which benefits those hooked into the sewer system equally with those who are not.

PFM, which stands for Public Finance Management,  has also handled the sale of Royersford's sewer system to Pennsylvania American.

Under its agreement with the township, PFM waived its $7,500 fee to assess the system and begin sounding out bidders. Instead, it will be paid $50,000, plus 1.5 percent of the sale price, but only if the system is ultimately sold, as I reported last May.

That means as the bid now stands, PFM stands to collect $256,000 if Upper Pottsgrove sells the system to Pennsylvania American Water. It will be paid nothing if the commissioners decide against selling.

I'll leave it to you to decide if you think that is the best way to guarantee unbiased financial advice.

Feller further emphasized a point made in the township's letter, that professional management of the system is a benefit. "I live in a township in Bucks County with a municipally owned system and the rates recently went up 37 percent," he said.

"Many townships have not kept up with their obligations and rates have been kept artificially low over the years," he said.

But resident Robert Rowe said his research has shown that many municipalities that privatized their water and sewer systems have taken them back under municipal control after costs went up by 20 percent.

Monday's cyber meeting was not the first. Similar online meetings, which Feller said satisfy the state's Open Meetings law, are scheduled for April 8, 14 and 16. Slinkerd said the township will increase its capacity from 100 to 200 for the next meeting.

Instructions for how to join that meeting, either online or by phone, are included in the letter sent to all residents and are posted on the township's website.

U Pottsgrove Budget, Raised as Campaign Issue, to Remain Hidden Until After Voters Go to the Polls

There is nothing more central to the idea of local government elections than the municipal budget and the taxes is generates. It is perhaps the nearest citizens get to having a measuring stick against which judge the performance of incumbents and the promises of challengers.

Usually, it's the taxes that are the focus of outrage in an election, but this year one of the key points of contention in this year's Upper Pottsgrove race is the budget itself.

One candidate, Democratic incumbent Elwood Taylor, has argued in multiple Facebook posts that the budgeting during his tenure has been cautious and conservative and built a surplus.

The Republican candidates, Cathy Paretti and Dave Waldt, are insisting that revenues have been repeatedly over-estimated and that surpluses have been counted in the revenues column where they do not belong.

This is good.

A debate about the budget is just the kind of thing people should be discussing in a local election and there has been plenty of intelligent questioning and discussion on the Facebook posts of the rival candidates.

What's bad is that an opportunity for the public to get a look at the first budget draft BEFORE the election, and thus be provided with a set of facts which would allow voters to decide which perspective was most accurate, has been removed for no clear reason.

Trace Slinkerd, the president of the board of commissioners, and Commissioner Renee Spaide have  sided with their fellow Republicans in this debate Both signed a letter, paid for by the area Republican Committee and sent to voters, that makes prior budgets one of the central themes of the campaign.

The letter signed by Spinkerd and Spaide states: "In our first year (of majority control) we re-structured the budget process to properly place revenues against expenses for the 2019 budget."

"We are working to bring our budget process into a four-year plan to avoid exhausting our reserves in three to four years," they wrote.

Sounds good. Let's have a look BEFORE the voting begins. Don't tell the voters, SHOW the voters.

Nope. Not gonna happen.

Traditionally, the Upper Pottsgrove Commissioners have held a budget meeting BEFORE the election, giving voters an opportunity to get informed about the pending taxes and sewer costs and hold accountable the officials they are about to elect or reject.

That has changed this year.

Slinkerd, who has spearheaded the effort to get Taylor booted from the planning commission, moved Monday's budget meeting until after the election.

Why?

Contacted after 9 p.m. Monday Slinkerd responded to my question via email.

"The working session was adjusted because it is the day before the election and folks are busy. We still wanted to talk budget numbers in a working setting so we picked a different date."

Given that explanation, I remain puzzled.

If the budget was truly the hot mess the Republicans claim it to be, why not showcase their better budgeting BEFORE the election and let voters see their expertise? What a great opportunity to show the voters the truth of your claims.

Commissioner Martin Schreiber, who is not a candidate this year, wrote on Facebook that "this is the first time the BOC (board of commissioners) meeting has ever been cancelled the day before the election."

He also wrote, "I heard the president of the board did not feel it was right to have the meeting the day before election day."

I would argue the opposite.

Having the budget and any tax increase, or the absence of one, made public before the election is the epitome of government transparency. Moving it until after the election denies voters access to accurate information needed to make an informed choice at the polls.

Borough Authority Has Say Over Sewer Sale in Upper

The Pottstown Borough Authority may have decided Tuesday night it has no interest in being among the bidders for the sewer conveyance system Upper Pottsgrove Township is considering selling, but that doesn't mean they won't have a say in the matter.

During discussion at Tuesday's authority meeting, board members briefly considered the idea of being bidders for the Upper Pottsgrove system, but quickly dismissed it.

"The authority could certainly qualify to buy it, but I doubt you would be top bidder," said Josh Fox with the authority's engineering firm, Herbert Rowland and Grubic.

Because the township is looking to the sale of the system to pay down debt; make its pension system whole and possible use the funding for new township facilities, it would be looking for the top bidder.

The township has issued a "request for qualifications," which is the first step in determining what entities, both public and private, are qualified to bid for the system. The decision to sell the system has not been made and will depend on the price.

Upper Pottsgrove has hired a public financing specialist called PFM, which is working on a share of the sale price, to undertake the investigation and solicit and qualify the bids.

Beyond the unlikelihood of the authority not likely being the high bidder, "I don't think we could handle it," said board member Tom Carroll, referring to all the responsibilities the authority already has, running both the water and sewer treatment plants.

But unlike other municipal systems that have lately been getting bought up by private companies, due largely to a legal change in how system assets are evaluated, Upper Pottsgrove does not control the treatment plant where its sewage is treated.

That honor belongs to the Pottstown Borough Authority.

There is a "sewer services agreement" under which the authority agrees to accept and treat the township's outflow and the authority would have to approve the re-assignment of that agreement to a new owner, or the new owner could negotiate a new agreement with the authority, explained Authority Solicitor Vincent Pompo.

Additionally, moving that agreement from a government body to a for-profit company would also require approval by the Pennsylvania Public Utility Commission, said Pompo.

"This is going to be a sticky wickett," said authority member David Renn.

Finance Director Janice Lee also pointed out that currently, the borough does Upper Pottsgrove's billing for water and sewer. If the sewer system has a new owner, it would complicate the usual remedy for non-payment, shutting off the water.

"I see this as a major issue," said Lee, who suggested the new owners would have to take on the task of billing as well.

She also noted that Upper Pottsgrove "owes the authority $400,000" for a sewer upgrade called a "siphon," which has not yet been paid and could cut into their profits from selling the system.

None of those considerations were raised Monday night, when Upper Pottsgrove Commissioners Chairman Trace Slinkerd told the board that things were moving ahead smoothly with the investigation of selling the system.

He said the Upper Pottsgrove has set a target for September or October to review bids on the sewer system.

Stormy Discussion

In the wake of a severe thunderstorm and flash flood that caused more than $1 million just to property owned by the borough, Borough Authority member Tom Carroll again raised the question of charging a fee for managing stormwater.

Pottstown's stormwater system was overwhelmed by
Thursday's storm. Here, water shooting up out of the system,
not in, forced this manhole cover off its fitting
at the intersection of East and North Hanover streets.

Authority Manager Justin Keller said the Manatawny Creek watershed was hit with about six inches
of rain in a single hour.

And although the Schuylkill River rose 13.2 feet from the storm, the water and sewer treatment plants, which are both located along the river, don't start having problems until the river reaches 13.6 feet, said Utilities Director Brent Wagner.

During the July 11 storm, this collapse arch behind a home on 

Walnut Street swelled and overflowed with stormwater.

Nevertheless, said board member Tom Carroll said the borough should again look at the idea of charging a fee to manage stormwater. The more impervious surface a property has, the more stormwater it sends into the system, the higher the fee is the theory.

In 2015, the authority paid $56,000 for a "Stormwater Master Plan," that would inventory all the borough's stormwater intakes, arches, outlets and storm sewer pipes.

One model for funding these anti-pollution and stormwater control measures is to charge property owners by the amount of stormwater that leaves their property.

That is one reason why many municipalities have adopted new requirements for containing and infiltrating stormwater back into the ground before it hits the streets and streams.

Erosion from the storm had made the sinkhole even bigger,

as seen in this July 12 photo.

Pottstown’s ordinance was adopted last July .

The owners of large parking lots, which shunt vast sheets of water into storm sewers, may soon find they are being charged for having the borough authority manage and treat it that water where currently they pay no more than the universal property tax rate.

“I’m not anxious to be the first town in the area to start charging for stormwater,” Authority Board
Chairman Jeff Chomnuk said in 2015, worrying it could discourage commercial investment.

But there is another worry -- a lawsuit.

When West Chester Borough adopted just such an ordinance, West Chester University refused to pay, saying the stormwater fee was a tax and, as part of the state higher education system, it was tax exempt.

The storm also opened up a new sinkhole in an alley off Airy Street 

between Spruce and North Hanover streets.

And when West Chester sued, the college sought to have it thrown out of court on that basis. But that argument failed and on Monday, a court ruled the suit could go forward, Pompo told the authority members.

Currently, Pottstown is waiting to see how that lawsuit is resolved, said Authority Manager Justin Keller. "I don't want to spin my wheels and spend staff time putting something together that the court ultimately throws out," he said.

Carroll argued the time spent waiting for the lawsuit to be resolved could be spent preparing for the eventuality that the new fee could be imposed, but Keller said that work is already done.

Making Your Own Energy

Another interesting item to come out of last night's meeting is a plan to make the Pottstown sewer treatment plant a "net zero" facility in terms of energy.

Photo ruefully stolen from The Pottstown Post (Sorry Joe.)

In other words, the authority voted to spend $34,000 on a feasibility study to see if changes could be made to the operation of the sewer plant that would allow it to use no more electricity than it can produce on site.

The study will look at the cost/benefit of changing over the system operations from aerobic digesters
to anaerobic:

• This would reduce pollutants in the effluent the plant discharges into the Schuylkill River; 
• which could reduce electric costs by no longer requiring blowers; 
• provide more methane to allow the plant to produce its own electricity and further reduce costs; 
• and use exhaust from idling septic trucks to provide heat to the digester process to reduce costs even more.

Josh Fox, who is with the borough's engineering firm of Herbert Rowland and Grubic, said another advantage is it would make what is now undesirable at the plant, things like grease and oil, more desirable because of the amount of BTUs it contains.

"All the worst stuff has a higher energy value," he said.

It could even make use of food waste.

Consider the case of spoiled milk, he said. Most grocery stores have it hauled away to a landfill, but "spoiled milk has a high BTU value and is full of the stuff the bugs (which digest the waste at the plant) love to eat," he said.

"It's pretty exciting," said Fox. "There are a lot of potential benefits."

And on that appetizing note, here are the Tweets from the meeting:

Not So Fast Upper Pottsgrove

New Manager in Upper, New Project, Fees Waived

Photos by Evan Brandt

Michelle Reddick, center, is congratulated by her family and Commissioners Chairman Trace Slinkerd, left, after being named Upper Pottsgrove's New Township Manager.

It did not take long for Upper Pottsgrove to find a new township manager.

It was the end of November when Carol Lewis, township manager for more than four years, announced that she was leaving for a job with Valley Township.

The Board of Commissioners immediately appointed Police Chief Francis Wheatley to be interim manager, with an assist from long-time township veteran Michelle Reddick.

On Tuesday night, the commissioners unanimously made official what had been evident to many and named Reddick as the new township manager.

She will be paid $78,239.23, said Commissioners Chairman Trace Slinkerd. That's a 37.6 percent pay hike over her current salary of $56,828,

Reddick has worked for the township for 24 years and spent 13 years as tax collector.

Before being promoted, she wore many hats, including planning and zoning administrator, township secretary, treasurer and administrative lead.

"I'm very excited," Reddick said as Tuesday's meeting ended and the board went into executive session. "I'm very proud and honored to the commissioners have put their confidence in me."

Congratulations Michelle and good luck.

To Committee Or To Not Committee

Katie Schueck, right, was sworn in Tuesday night

as Upper Pottsgrove's newest Fire Police Officer.

The evolution of the township's relationship with it's upstairs neighbor, Upper Pottsgrove Fire Company No. 1, continued Tuesday night, but not as much as Vice Chairman France Krazalkovich wanted.

He tried, unsuccessfully, with three successively less specific motions, to get the commissioners to agree to eliminate the Fire Services Committee.

He argued that the fire company is capable of self-governance and that the committee, put together in 2005 when the fire company was in a financial tailspin and the township purchase the firehouse and moved into the basement, is just another level of bureaucracy.

Trace Slinkerd administers the oath of office 

to Katie Schueck.

But he failed to convince a single commissioner to even second any of this motions, which would have had Township Solicitor Chuck Garner draft a new Memorandum of Understanding between the township and fire company.

"I'm an if-ain't-broke-don't-fix-it kind of guy," said Commissioner Elwood Taylor.

But the matter is not dead. Quite the opposite.

Commissioner Martin Schreiber, who was recently named a the new president of the fire company, said he would be open to re-structuring the Fire Services Committee.

Slinkerd said it would be put on the table for more discussion at the next workshop meeting.

Krazalkovich said, he will miss that meeting because he will be at a Pennsylvania Municipal League meeting in Harrisburg.

Speaking of Committees

And while Krazalkovich, who last week announced he will seek the Republican nomination to run for Montgomery County Commissioner, wanted to eliminate one committee in the name of trimming bureaucracy, he proposed the creation of a new one a few moments later to help bolster business.

In this case, his proposal was to form a Business and Economic Development Advisory Committee.

It's purpose, he said, would be market the development of the commercially zoned strip of land along

The site plan for adding the Penske Truck rental facility

to 908 Commerce Dr.

Commerce Drive, which runs parallel to Route 100 on the northbound side, just above the intersection for Upland Square.

His suggestion received a positive response.

And Krazalkoivh immediately began recruiting Gabe Clark right there in the meeting.

Not coincidentally, Clark works with Catalyst Commercial Development LLC, which is the owner of the Mattress Warehouse store that sits right at the intersection of State Street and Commerce Drive.

He was before the commissioners seeking support for a plan to add another business to that site, a Penske Truck rental satellite.

Already endorsed by the township's planning commission, the plan not only received an anonymous vote to recommend a use variance to the township's zoning hearing board, but also several waivers, including from the land development process.

That's similar to the waiver the same development group received earlier this month from Pottstown Borough Council for the redevelopment of 1432 East High St., the site of the former Subway in the east end of the borough.

Speaking of Waivers

For our final item, we turn to fees, fines and the people who pay them -- or in this case, those who don't.

The first chapter in this two-part tale began when Commissioner Martin Schreiber said he was approached by a sewer system customer who was behind on his bill, which had gone to collection with Portnoff Assoc., which does water and sewer bill collections for the borough.

Schreiber said Portnoff's process would not allow this customer pay the current bill until the older bills, and sizable fees and penalties Portnoff imposes, were paid off.

The result, Schreiber said, would be to keep the customer in a Catch-22, always being behind and always paying more in fees and fines, instead of keeping current on new bills and paying off the old one on a payment plan.

Reddick said the township has its own process and does not follow the same one the borough does, and was instructed to contact the borough and make this clear.

Chapter two also has to do with sewer fees, but this one involved more pandering than common sense, although Krazalkovich tried his best to make it seem he was crusading on the side of the righteous.

Somehow, a proposal to waive the non-refundable $50 inspection and application fee charged to those who will be added to the sewer system as part of the $495,000 Regal Oaks extension made it onto the agenda.

The effect of Krazalkovich's motion is to waive

sewer inspections fees for some, but not others.

Approved by the commissioners in October, and partially funded by a state grant, the project will ultimately connect 33 of the 75 homes the state is mandating be connected to the system.

Many of those homes have failing septic systems and the connection is just another chapter in the long, sad story of the failed "package" sewer plant that used to collect Regal Oaks sewage and which emptied into Sprogel's Run.

It was replaced with pumps to bring Regal Oaks' sewage over the hill and down into the system ultimately treated at the Pottstown Wastewater Treatment Plan on its way to the Schuylkill River.

Krazalkovich said while he understood the project is mandated by the state, "that doesn't mean we're mandated to charge ridiculous fees. You mean to tell me we knock on their door, tell them they have to hook into the system, that they have no choice, and oh by the way, you have to pay us $50 for the privilege? " he said.

"Yes," said the adults in the room. Just like every other customer that is part of the system.

Each of the homes being connected will have to pay a $5,447 tap-in fee to the township, in addition to paying a plumber to run a line from the curb to their house. So it's hard to imagine that the $50 is the amount that is going to break those homeowners.

Taylor said that there is no way 33 homes could finance a half-million-dollar project they need to maintain their property value and not be breaking health and environmental laws. So it is the township and all the other sewer customers who are backing up that financing. 

And they all paid that fee.

But Krazalkovich managed to convince Schreiber, who lives in Regal Oaks, and Commissioner Renee Spaide, participating in the meeting by phone, to jump on board the pander wagon and all three voted to waive the fee, creating a much larger problem than they solved.

(Arguing to waive a fee without proposing a different way to pay for those administrative and engineering inspection costs sounds just like something Montgomery County Commissioner Joe Gale would do. Et tu France? Aren't you the guy who never wants to spend any money without knowing where it's coming from the in budget? Who pays those administrative and engineering inspection costs now?)

"If you want to talk about waiving all fees, that's a conversation I'm willing to have," said Slinkerd. "But we can't just single out one group of people and have them pay something different than everyone else."  

Audience member Keith Kehl agreed. "That's not fair," he said. "Everyone else had to pay to hook up to the system. It's not fair to waive the fee for just some people. We should get a refund."

He's right. 

Perhaps the hundreds of other sewer system customers who paid that fee, and whose quarterly payments are guaranteeing half a million dollars in financing for a project in Regal Oaks the beneficiaries could never afford on their own, should stop by the township building at 1409 Farmington Ave. and join Mr. Kehl in demanding a refund.

Maybe Mr. Krazalkovich will pay for it.

And on that note, here are the Tweets from the meeting:

New Manager, New Development, Fee Waivers

Herb Miller Wins Green Allies' Founder's Award

Upper Pottsgrove Counilman Herb Miller, center, with his family. At left is Todd Hillee, president of the board of directors of Green Allies and, at right, is Ken Hamilton, executive director of Green Allies

Blogger's Note: The following was provided by Green Allies

Upper Pottsgrove Commissioner Herbert C. Miller, Jr. was recently presented the Founder's Award by the GreenAllies organization for his outstanding commitment to preserving open space in the township and the role he played in leading the efforts to create the Althouse Arboretum.

It was Miller's tireless efforts that turned an idea of utilizing open space lands for educational and recreational purposes into reality. It was an idea that eventually evolved into the Althouse Arboretum.

In honor of Mr. Miller's accomplishments, the pavilion at the Althouse Arboretum was named the "Herbert C. Miller, Jr. Pavilion". He was also presented a special recognition plaque.

"It took several years of hard work and negotiations, led by Herb Miller, to turn my grandparents' property into this state-of-the-art outdoor education facility for everyone in the region to enjoy," said Todd Hilsee, President of the Board of Directors for GreenAllies

Mr. Miller now serves on the GreenAllies Board of Directors and remains a leader in the efforts to improve the Althouse Arboretum and its public programming.

Herb Miller speaks after receiving the Founder's Award from Hilsee.

In addition, Althouse Arboretum neighbor Gerry Yergey was presented the Outstanding Community Volunteer Award for her many hours of service to the arboretum and its programs.

Yergey has volunteered on numerouse occasions to assist with gardening chores and has provided assistance to several of the popular community programs provided by the GreenAllies organization.

GreenAllies is a national nonprofit organization that works to empower students to take leadership roles in promoting environmental sustainability. The organization manages the Althouse Arboretum in Upper Pottsgrove Township.

The Althouse Arboretum is a permanently preserved 17 acre wooded lot that has been converted into an outdoor education facility and community resource. It is a result of a unique partnership between Upper Pottsgrove Township and the GreenAllies organization.

There's Eggs Amid the Trees

Blogger's Note: The following was provided by the Save Alliance Foundation:

The SAVE Alliance Foundation and the student organization Spark the Wave will hold a Forest Easter Egg Hunt in the Althouse Arboretum Saturday from 10 a.m. to 1 p.m.

The arboretum is located at 1794 Gilbertsville Road in Upper Pottsgrove. 

Families are invited to come anytime during the event. There is no official start time. 

Parents and children will enjoy the outdoors together with a walk along the forested trails looking for hidden eggs. 

Eggs will be returned for prizes. The cost is $2 per child.

The rain date is Sunday afternoon, March 29th from 1-3 pm.

This community event is sponsored by The SAVE Alliance Foundation with its mission to “Inspire communities and their youth to forge the connections that promote environmental sustainability”.

If you have any questions, email Executive Director Ken Hamilton of the SAVE Alliance Foundation at khamilton@thesavealliance.org. or call 267-371-2288.

Recycle Old Appliances for Free Saturday at Althouse Arboretum

The SAVE Alliance Foundation and local students will hold an Appliance Recycling Program at the Althouse Arboretum on Saturday, March 7 from 9 a.m. to 1 p.m.

The arboretum is located at located at 1794 Gilbertsville Road.

The recycling day is open to everyone and is free of charge. (Donations accepted) 

Properly recycle air conditioners, dehumidifiers, refrigerators, freezers, microwaves, and anything that is considered an “appliance” by dropping them off between 9 a.m. and 1 p.m. 

Students and volunteers will be there to assist you. 

TV’s and electronics are not accepted at this event. 

 If you have any questions, call 267-371-2288 for more information.

The Rubbish Brigade to the Rescue

Photo Courtesy of Carol R. Lewis

The Upper Pottsgrove Rubbish Brigade rear, from left, Sherry Paup, Herb Miller, Donna Swavely, Elwood Taylor, front, from left, Renee Spaide, France Krazalkovich, Carol R. Lewis and Keith Kehl.

Upper Pottsgrove’s Rubbish Brigade met on Saturday, Oct. 25 at 9 a.m.

They so this twice a year, once in the spring and once in the fall, according to Township Manager Carol Lewis. 

A total of 22 volunteers put in 3 ½ hours and covered 90 percent of the township. 

They collected just under 1,000 pounds of trash in 33 trash bags. 

The Rubbish Brigade has been doing this for four years and they are noticing a decrease in the amount of trash on the roads. 

This may be due in part to residents who pick up trash while walking or to people taking note of the clean-up efforts.

Douglass and Upper Pottsgrove in One Night

So the life of the lowly municipal government reporter is nothing if not complicated.

Monday night, I attended the Douglass (Mont.) Supervisors meeting only to find them behaving like perfectly reasonable people.

What fun is that?

So on my way home, I stopped in at Upper Pottsgrove's Commissioner's meeting and caught the VERY tail end of that meeting, but got some interesting tips.

Some of them appear below, others, I will keep close to the vest....

Of Dog Laws and Bond Savings

What Happened in Upper Pottsgrove?

On the Road Again

As part of its discussions for the 2014 budget Monday, Upper Pottsgrove Township officials revealed plans for a set of extensive road re-paving projects to try to get ahead of the township's deteriorating road network.

The plan is to take about $40,000 of the $175,000 the township receives each year from the state's liquid fuels fund, and use it to make payments on a borrowing of between $400,000 and $450,000

"This is a major initiative, we've never done anything like this before," said Commissioners Chairman Elwood Taylor.

Upper Pottsgrove Township commissioners, from left, Russ Noll,

Peter Dolan, Elwood Taylor, Renee Spaide, Herb Miller.

He said doing the paving all at once will help the township get out ahead of always being behind the curve.

"We can't just do $45,000 worth of paving a year, we never catch up," Township Manager Jack Layne said after the meeting.

"In the past, developers paid for some of the re-paving or we used money from sewer projects to re-pave, but we have to get to some of these through roads, they can't await any longer," Taylor said.

The tentative list Public Works Director Frank Quinter has put together is as follows:

1. Yarnall Road -- $83,350
2. Snyder Road, Yarnall to House No. 389 -- $10,868
3. Horseshoe Drive -- $59,342
4. Irwin Drive and Hanover Drive -- $95,430
5. Juniper Street, Mervine Street to paving change -- $4,335
6. Heather Place, Primrose and Lotus Drive -- $73,665
7. Mock Road, Needhammer to Route 663 -- $66,938
8. Chestnut Grove Roaed, in front of the PAL Field driveway -- $2,000

Quinter said the price quoted for "base repairs," has come in uncharacteristically high, and the township is hoping that by bidding all the jobs together, the price can be brought down and additional work can be added.

Commissioner Herb Miller questioned when the township is planning to do paving work in the Regal Oaks section of town, noting that the commissioners had heard complaints about the roads in that development.

Layne replied that that there are plans to do major sewer work on those roads as soon as 2015 or 2016, "so if we paved in there we would have to rip it right up."

By contrast, Horseshoe Drive, which has never been re-built, is not scheduled for sewer work until 2021, he said.

Miller said that the township should communicate that fact to the residents and Taylor said a township newsletter on the road projects might be in order.

Layne said because the state's liquid fuels fund comes from the tax on gasoline, the money must be spent on road repair and related items.

The Constitution: Our Glorious Muddle

Debate.

Disagreement.

Compromise.

These are, perhaps the true cornerstones of the American Constitution over which our nation seems destined to wrangle forever.

It was a debate that was front and center locally last week at a local township commissioners meeting where, some argue, the nearest thing to an actual Democracy exists -- local government.

A resident of Upper Pottsgrove, France Krzalkovich, who was running for office and subsequently lost in the May primaries, petitioned his local township board of commissioners in February to adopt a resolution in support of 2nd Amendment rights, but which also contained the trappings of a long-standing Constitutional debate that revolves around the 10th Amendment.

A refresher:

Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

What seems clear at first, quickly becomes less so once you start asking questions.

For example, does this mean a state law regulating firearms violates the 10th Amendment? Is the purpose of the 2nd Amendment only to have a militia? Does "well-regulated" mean gun laws are Constitutional?

The position advanced by the resolution Krazalkovich brought to the commissioners -- similar to a group of people who believe the 10th Amendment should justifies everything from legalizing marijuana to tossing Obamacare and legalizing same-sex marriage -- is pretty simple, and, at the same time, not.

Let me give summarizing it a try: If the second amendment says the right to bear arms shall not be abridged, and the 10th amendment says any power not designated to the federal government falls to the states, then any federal gun law violates the 2nd Amendment and thus, is unconstitutional.

(His thoughts on the subject are outlined in an April 19 letter to the editor published in TheMercury. You can read the full letter by clicking here.)

Several of the commissioners took a run at this and their positions can, for the most part, be read in their entirety in the minutes of the Aug. 19 commissioners meeting (not yet on-line, so, no link).

The two who voted in favor of adopting the resolution -- Russ Noll and Herb Miller, both of whom are running for reelection on the November ballot -- took different approaches to their support.

Noll said he feels the majority of the township residents support such a resolution and said after 15 years in local government, he had seen too many requirements come down from state and federal sources without the re-sources to pay for it.

Miller argued that guns help when police can't get there in time and took two lessons from history: noting that the Brown Shirts began by registering guns in Germany, Austria and Poland, and then took them away so when the Nazis invaded, they had less defense. He also said the Japanese did not invade the west coast of the U.S. because they believed too many Americans had guns and would take up arms against them.

Commissioner Peter Dolan, an attorney, argued that the landmark Supreme Court case of Marbury Vs. Madison established the precedent of "judicial review," putting the question of what is and isn't Constitutional in hands of the courts, not local governments.

Commissioners Chairman Elwood Taylor, a retired history teacher and former Marine marksman, issued a lengthy argument against the resolution arguing first, that the nation (and Pennsylvania) had already rejected "nullification;" that such arguments had been used to justify everything from segregation to the recent issuing of same sex marriage licenses in Montgomery County; and pointed to the trouble that followed in the Schuylkill County Borough of Gilberton when the council there adopted a similar resolution at the urging of their police chief Mark Kessler, who has since become famous for posting obscenity-laced YouTube videos and arming citizens as part of a Constitutional Security Force."

I was not able to attend any of the meetings where this debate unfolded, so I can't speak to the tone, but, on paper at least, I have to congratulate all sides on conducting a thoughtful and civil discussion on subjects about which reasonable people can disagree.

Clearly, there is plenty of room for argument which is really, I believe at least, by design of the founders.

They were truly brilliant men, but perhaps the apex of that brilliance was to recognize that they could not predict the future and they did not have all the answers.

(Or, they were just politicians who wanted to go home and just fussed around until they got vague language everyone could agree to....)

In either case, it seems to me that one of the dead-ends of Constitutional debates has to do with determining the "intent" of the founders.

In all likelihood, the only measure of their "intent" we can agree upon is that they were trying to hold the world's newest and largest Republic together. Everything else was probably up for grabs.

In other words, maybe they wrote the Bill of Rights so vaguely to say in essence: "we did what we could, you figure out the rest as it becomes necessary."

Much of the language in the Constitution is vague because the founders could not agree on anything more specific.

Having lived through the confusion and fractiousness of state-run governments under the Articles of Confederation, those who came together in Philadelphia had neither unity of purpose, nor unity of opinion.

James Madison

Many thought they were charged simply with tweaking the Articles of Confederation while others, James Madison and Alexander Hamilton chief among them, had a more radical idea.

(Today, it would called "an agenda" in dark and foreboding tones....)

Both Hamilton and Madison felt the country needed more central control to prevent too much democracy at the local and state level, which was causing chaos at the national level.

(In later years, Madison chafed under federal "overreach" and backed the efforts by his mentor, Thomas Jefferson, to establish state nullification of federal laws, while Hamilton never wavered from the belief that a strong central government -- and strong central bank -- were America's best hope for greatness.)

But even on the subject of a strong central government, they were agreed on the need, but not on the manner.

Hamilton, the most anglophile of the founders, wanted a single legislative branch and something as close to a Britain's Constitutional Monarchy as he could get away with.

Alexander Hamilton

Contrary to his later positions, Madison at first envisioned the national government as a kind of referee among the states, striking down some of the more knuckle-headed of the state laws and brought about by "excessive democracy."

But perhaps more important to the "intent" question is the broader issue.

Even if we could with any reasonable degree of accuracy determine the "intent" of the founders, why should the "intent" of 18th Century ideas, which included the preservation of slavery, be guiding us in the 21st century?

For example, I think the "well-regulated militia" clause of the 2nd Amendment is too often ignored by gun-rights advocates and that the founder's "intent" was for citizens to be armed so they could serve in the army if called.

Remember that at the time, "standing armies" were anathema to many of the founders (not Hamilton) and viewed as being among the very causes of the wars they fought. In other words, "if you've got 'em, you'll feel compelled (or tempted) to use 'em."

Nevertheless, I've come to the reluctant conclusion that the language of the 2nd Amendment is nevertheless clear: that Americans, for better or worse, are allowed to carry guns.

Rather than argue over what the founders intended, however, as if they are some sort of dieties whose "intent" must be worshiped despite 200 plus years of history and some awfully good arguments that its time for some new thinking; we should instead be asking a question that they themselves asked in their own times: "should we maintain the status quo or should we make some changes?"

Certainly, the ability to make amendments to the Constitution is evidence of their recognition that change may be necessary.

And we've made changes, with slavery and, twice with prohibition.

Instead of arguing what the founders "meant" when they penned the 2nd Amendment (or any other amendment for that matter), the question we should ask is "do we need to change it?"

After the inaction that followed Newtown and, now, the Washington, D.C. Naval Yard, I have little hope that we will be having a substantive discussion on that question any time soon.

But the genius of the U.S. Constitution, either by design or happy accident, is that we can have that discussion as the world, and our Republic, evolves.

We can even have that discussion at a local township commissioners meeting.

Let's be Open About This...

This map of Upper Pottsgrove open space hangs in the township offices, but does not yet show the new purchases across the northern half of the township. (Mercury Photo by Evan Brandt)

As the list of properties preserved through Upper Pottsgrove's open space programs grows, a pattern is emerging with the most recent purchases that indicates not only connectivity for trails, but the preservation of the headwaters of Sprogel’s Run.

The most recent purchase is 12.23 acres of property from Renovations by Design, one of the company’s run by developer Richard Mingey, near the intersection of Route 100 and Farmington Avenue, a lot which Township Commissioner Herb Miller said preserves a “beautiful vista” toward Douglass (Berks) Township.

The township paid $485,000 for that parcel.

Also purchased from Renovations by Design was 20.8 acres along Hanover Drive, properties which, Miller said, are home to 20 or more natural springs “which produce the clearest, cleanest, best tasting water you have ever seen.”

That land was preserved for a cost of $400,000.

(Below is a quick video of Miller explaining some of the connections among the properties.)



Also preserved are two more acres at 10 Moyer Road, the former Prout Farm, from the same company for $65,000.

That purchase dovetails with the 34.04 acres across Route 100 on West Moyer Road that the township purchased for $475,000. That property was purchased from Shadeland Development Company, also overseen by Mingey.

The Moyer Road parcels in particular, Miller said, will go along way toward preserving the headwaters of Sprogel’s Run, a stream which winds its way through the township and into Lower Pottsgrove, past Brookside Golf Course, the appropriately named Sprogel’s Run Park on Pruss Hill Road, Sunnybrook Ballroom and, ultimately, the Schuylkill River.

Miller, who is also a member of the township’s open space committee, said the combination of these purchases will also create an open space corridor, through which a trail may one day wind, across the northern third of the township and connect with existing parks.

“It’s really coming together,” Miller said.

In 2006, Upper Pottsgrove voters supported a referendum to adopt an earned income tax of 0.25 percent in order to finance the acquisition of open space from willing township sellers.

Sixty percent of voters, supported the measure while 564 voters, or 40 percent, opposed the referendum.

The money raised provided a fund to pay the 20 percent match required to access the $750,000 that Montgomery County earmarked for the township for open space under a 2003 countywide referendum. The money is also used as a revenue stream to pay back bonds borrowed to purchase open space as it becomes available.

This spring, commissioners moved forward with refinancing some previous borrowings for a variety of purposes, including open space funding.

But unlike most other refinancings, which are designed to save money by taking advantage of lower interest rates, the township’s annual payments actually went up by $26,000 to $30,000 under the plan the township adopted, according to financial adviser Mike Wolf.

Most of that increase, however, is paid out of the fund collected to purchase open space “and the money is already in the fund,” said Wolf, thus not requiring any increased payment by taxpayers.

The  refinancing rolled up several issues into a single transaction.

It refunded the prior $4.5 million bond taken out in 2008 for the purchase of open space, and added $1 million to that amount to allow for the purchase of at least four additional properties the township’s open space committee has targeted for purchase and preservation.

The additional borrowing results in an increase of $50,000 a year in payments from the dedicated account funded by an earned income tax voters imposed on themselves in 2008.

That tax generates $250,000 a year to pay back the borrowing and is paid entirely by wage earners, emphasized Township Commissioners Chairman Elwood Taylor, meaning the payments do not come out of property taxes.