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In Sandy Township ... Language change affects judge's ruling
Tuesday, November 03, 2009
By Josh Woods Staff Writer
DUBOIS - Sandy Township Board of Supervisors received notification from the Clearfield County Court of Common Pleas that language has been changed in a judge's ruling on exceptions it filed against Treasure Lake Property Owners Association's petition to incorporate Treasure Lake as a borough.
Manager Dick Castonguay read the court order that changes language in Clearfield County President Judge Fredric J. Ammerman's Sept. 29 ruling. The order states "this court's order regarding exception 3(a) (the exception defining who is a resident freeholder), which denies the said exception, involves a controlling question of law as to which there is a substantial ground for difference of opinion and an immediate appeal from this portion of the order may materially advance the ultimate termination of this matter."
The court order, dated Oct. 26, concludes by noting that, furthermore, a fact-finding committee is stayed until Commonwealth Court decides the interlocutory appeal. Sandy Township requested the change of language and stay of the committee that is the next step in the incorporation process. Castonguay said the township is currently filing an appeal with the Commonwealth Court, which may or may not agree to hear the case. Appeal documents must be filed within 30 days.
At the supervisors' Oct. 5 meeting, township Solicitor Greg Kruk said Ammerman ruled against the township's exception of who constitutes as a resident freeholder. In the September decision, Ammerman stated people in Cayman Landing's section No. 19 and undivided interest section and in the Wolf Run and Silverwoods timeshares are not resident freeholders. Ammerman's written decision indicated those individuals are not resident freeholders because they "do not have actual possession of the land for life or longer meaning and do not have continual, uninterrupted possession to the exclusion of others."
Kruk and the township have disagreed, saying it is a matter of first impression in the state. The township filed 20 exceptions to TLPOA's borough petition, though some of the exceptions were answered and withdrawn prior to the judge's decision. Many of the remaining exceptions, according to Kruk, were referred to a fact-finding committee for further action.
The committee, by law, would consist of two members from the proposed borough, two members from Sandy Township who are not from the proposed borough and one independent member who is a county resident and does not reside either in the proposed borough or Sandy Township. Among the exceptions referred to the committee was the township's exception that it may not be possible to have a private borough.
In other business, Castonguay said Zito Media has increased its rate for plus cable. Zito has upped its price from $44.50 to $46.75, effective Dec. 1.
The township is in the process of setting up a meeting with Veolia Environmental Services regarding the collection of recyclables. The township's contract with Veolia expires Nov. 30.
The board also approved:
l a lot consolidation for Robert and Patricia Luisi located at Juniata Street Extension.
l modification of the township's subdivision and land development ordinance to allow Dave Tinker access to a fourth lot via a private drive.
l paying the following bills: general fund, $39,090.56; state fund, $32,711.88; and payroll, $63,106.13.
During the municipal authority meeting, Engineer Perry Bowser announced he is continuing to work on easements for the township's water project. He noted 20 easements remain unsigned. Bowser said the township is also working to bid on water materials for its Adrian project.
Castonguay announced the township has received information on how to deal with the pandemic flu. The information requested the township update its emergency preparedness plans and provide an emergency contact list.
Sandy Township Supervisors' and municipal authority meeting is Nov. 16 at 7 p.m. at the municipal building.
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