The Daily Item, Sunbury, PA

December 11, 2009

Township, school board can't find right words

By Wayne Laepple

TURBOTVILLE — After nearly two hours of back-and-forth discussions Thursday, officials from Lewis Township and the Warrior Run School District still were unable to agree on the wording of a document setting forth the sale of the district’s wastewater treatment plant to the township.

While the major issues of the $425,000 sale are settled, language concerning future rights-of-way for pipelines and possible expansion of the facility are major sticking points.

The two groups have been discussing the sale for four years as part of the township’s state-mandated sewage treatment plan, known as a 537 Plan. Everyone at Thursday night’s meeting agreed the sale is good for both the school district and the township, but the final few words were elusive.

In several places in the agreement, the township favored the phrase “the school district will not unreasonably object,” while the district preferred “the school district will negotiate in good faith.”

An even larger problem is how the township and district will agree on possible mandated expansions of the facility. The plant occupies about a third of an acre, and the district offered to sell the plant and about 3.4 acres. Township officials said it was possible the state Department of Environmental Protection someday might require an expansion of the plant beyond that area.

“We can only give our best estimates,” said Ben Landon, attorney for the township. “We would both want to minimize disruptions to the extent possible.”

School board member Lyle Horn pointed out that the school district has a larger responsibility to the taxpayers than to Lewis Township. “You can’t lock the school board in,” he insisted.

Lewis Township must conclude the agreement soon in order to be in line for funding from PennVest to build a system for a portion of the township.

“It’s the 11th hour for Lewis Township to reach an agreement,” said Daniel B. Sheaffer, Warrior Run superintendent. “We have only days to reach an agreement.”

“The township must have assurances that if it’s necessary to build another line on additional land that the district will allow it,” Landon said.

Landon said the township’s major concern is that it will be unable to expand if future school boards refuse to negotiate, and he said the township would be unable to force the district to sell.

On the other hand, the district believes it cannot enter into an open-ended agreement with undefined terms.

Chris Foust, district solicitor, said the district is constrained by the school code from doing so. “We have a responsibility to the taxpayers and the future needs of the district,” he said.

“You can’t impede this board or future boards,” Sheaffer said.

David Whitmoyer, another board member, suggested that the district set aside a larger section of land next to the existing plant so that, if necessary, the township could expand the plant. Both sides agreed the idea has merit, but also agreed they could not continue to discuss the issue Thursday.

After two hours, both sides agreed that no further progress could be made Thursday night, so they will regroup and hold another meeting as soon as possible.

Earlier in the special school board meeting, the members discussed options to reduce health care costs. One of the district’s providers is increasing costs by 21 percent, so the board approved an incentive to help teachers enrolled in that plan move to one of the other options available. The incentives range from $100 to $350 this year only.

Tony DaRe, of CS Trust, which administers the district’s programs, said the provider in question is getting out of the business and has increased its cost to the district by $50,000.

“This incentive is saving the district money and sharing that $50,000 by encouraging people to participate,” he said. “This encourages them to make a voluntary switch.”