celebrate

Pine Grove council, commissioners due to vote unanimously

BY RORY SCHULER

Staff Writer

rschuler@republicanherald.com

A preserved Sweet Arrow Lake will become the first jewel in a

countywide park system.

That seemed assured this morning after Pine Grove borough council

Tuesday by a unanimous 7-0 vote agreed to sell the lake and

surrounding property to the county.

The deal included no county general fund money, but the clincher was

$45,000 in fines that the Schuylkill County Conservation District

will transfer to the borough. The county also has the right to use -

and option to buy - another 70 acres along Upper Swatara Creek at

the lake's northeast end.

All three commissioners - even Jerome P. Knowles, who said he

continues to oppose a countywide park system - Tuesday said they

planned to vote to buy the lake this morning at their weekly

meeting.

"We saved the lake," declared David S. Frew, Pine Grove borough

council president. "Borough council has saved the lake.

"We're glad the borough of Pine Grove will be partners with us,"

said county Commissioner Stanley H. Tobash, who led negotiations

from the county side. "It will be good for Schuylkill County."

Frew was speaking Tuesday morning as he emerged from a council

meeting at Pine Grove Borough Hall, which culminated more than a

year of intensive discussions with the county that appeared to have

dead-ended a month ago when borough council unilaterally cut off

talks.

Since then, with Frew and Tobash taking the lead, negotiations were

renewed and a series of proposals were fired back and forth.

In the 13-clause agreement due to be approved today, the borough

would turn over the 100-acre lake, a 10-foot strip around it, the

club house, the dam, the spillway and an unspoiled stream-side strip

between the dam and Route 443.

In exchange, the borough would receive $45,000, not county tax

revenues - a sticking point in negotiations - but from fines

collected by the Army Corps of Engineers from a sediment pollution

case.

Another sticking point - the 70 acres the county was demanding as

part of the deal - will remain in borough hands, but the county has

an option to buy the land for $60,000 at any time in the next three

years.

That parcel is divided by Upper Swatara Creek, a trout stream that

would now be made available to fishermen and managed by a Sweet

Arrow Lake Commission, which was to be appointed this morning after

the agreement was approved.

When the lake is improved, the value of that land is expected to

increase, according to Frew. After three years, the county will have

the right of first refusal for another seven years, but must pay

fair market value if it chooses to exercise its option during that

period.

Other key elements of the agreement include:

The county, as it intends to do, must spend $1.3 million to repair

the dam and otherwise improve the lake. Half of that money would

come from the economic-development bond issue approved last spring;

the other half from a state grant obtained by state Rep. Bob Allen,

R-125.

The property must remain open to the public as a recreational area,

or it will revert to the borough.

If revenues from operating the park exceed expenses, profits will be

split, 75 percent to the county, 25 percent to the borough.

The borough will retain "first priority rights" to draw water from

the lake in an emergency, such as a drought or fire.

The borough can continue selling water to companies it has contracts

with, but cannot seek new contracts.

The borough is assured one seat on the lake commission. The

remainder will be appointed from throughout the county and will

include two members of the county Parks and Recreation Commission

appointed two weeks ago.

The county will honor all pre-existing club house rentals until Oct.

30, 2001, since reservations are already fully booked for the next

year.

The county will erect a plaque in a prominent spot recognizing the

"generosity of the Borough of Pine Grove" in providing the property

for county use.

The borough will not have to pay any property transfer taxes, those

will be the sole responsibility of the county. In fact, the borough

will have no further liability in maintaining the property or future

repairs.

The agreement is a dramatic turnaround from a month ago, when the

county was insisting it should assume ownership of the lake and all

surrounding property for $1 in exchange for assuming the $1.3

million expense of repairing the dam.

Council initially agreed, then rescinded its offer, stating the deal

was not fair to its taxpayers, who initially paid $212,000 for the

lake in 1973.

In all, if the 70 acres are ultimately purchased by the county in

the next three years, the borough should see about $130,000 in

monetary compensation for transference of Sweet Arrow Lake, as

opposed to the original offer of $1.

"I still don't feel it's enough," said Councilwoman Phyllis E.

Hesser, who argued in favor of breaching the dam if a satisfactory

deal could not be hatched. "What made it easier for me to sign today

is that we at least have something on our conscience that says we've

returned a little to the taxpayers."

While planning to vote for the transfer, Knowles said "in no way do

I want this to be construed as my endorsement of a countywide park

system."

The commissioner had favored buying the lake from the borough for

$1, repairing the dam for $1.3 million, then turning the property

back to the borough. (The county must control the property to spend

county funds on it.)

When the commissioners voted 2-1 last month for the creation of a

county-wide parks system, Knowles voted nay. However, he then voted

to name individual members of the parks commission, which is being

chaired by retired district justice Earl H. Matz Jr., Pine Grove.

Matz is also expected to be appointed to the Sweet Arrow Lake

commission.

"The talks were long and drawn out," said Tobash, "but I can see it

from Pine Grove's point of view. They just wanted to do what was

right for their constituents."

Forrest L. Shadle, commissioners' chairman, was ill Tuesday and

unavailable for comment, but was expected at this morning's meeting

to cast his vote.

Knowles votes 'aye' on dam repair, but gives himself escape hatch

BY RORY SCHULER

Staff Writer

rschuler@republicanherald.com

As expected, Wednesday's vote in favor of buying Sweet Arrow Lake as

the first piece of a county park system was unanimous, but

Commissioner Jerome P. Knowles tried to give himself an escape

hatch.

"I've always been in favor of saving the lake," said Knowles.

"However, in no way do I want this to be construed as my endorsement

of a countywide park system."

Chairman Forrest L. Shadle voted first, declaring, "It's a great day

for Schuylkill County."

Voting third was Commissioner Stanley H. Tobash, who led

negotiations on the county side. "Now we have the first county

park," he said.

The commissioners also appointed eight people to a commission that

will work with the recently appointed county Parks and Recreation

Commission to oversee that development.

They are John A. Babinchak, Shenandoah Heights; Thomas Banditelli,

Tamaqua; David S. Frew, Pine Grove borough council president;

Gregory T. Glunz, Pine Grove; Lyle Laubenstine, Schuylkill Haven;

retired District Justice Earl H. Matz Jr., Pine Grove; David A.

Schmit, Landingville, and William J. Wollyung, Tower City;

The Schuylkill Conservation District, the Sweet Arrow Lake

Conservation Association and borough council can each make an

additional appointment, raising the number to 11.

The 3-1 vote came a day after Pine Grove Borough Council voted, 7-0,

in favor of the agreement, ending decades of uncertainty and a year

of intensive negotiations.

Under the agreement, the borough turns the lake, a 10-foot strip,

the clubhouse, the dam and spillway and a natural area between the

dam and Route 443 to the county in exchange for $45,000 in the

county's Wildlife Trust Fund. The county also has the option to buy

another 70 acres along Lower Swatara Creek northeast of the lake.

The county now intends to pair a $650,000 state grant with $650,000

from its economic-development bond issue to repair the dam and

spillway, make other improvements and develop the area as a park.

Pine Grove borough owned the lake since 1972, but it is actually

located in Washington and Pine Grove townships.

The vote may have been unanimous, but Knowles said he wanted no one

to think he supports county parks.

He said he was voting "aye" because he "made a commitment" a year

ago to State Rep. Bob Allen, R-125, and "the people of Pine Grove"

to match the $650,000 state grant.

Last April 25, however, Knowles did vote against the bond issue that

is the source of the local match.

As for Allen, the legislator, who has been working with the borough

council for eight years to find way to repair the dam and, more

recently, create a county park, said, "I'm very happy he mentioned

me by name.

"But I appreciate support of all three of the county commissioners

and all seven borough council members and look forward to working

with all parties to see the park come into fruition."

Knowles said he worries that maintaining a park system will be a

burden on county taxpayers.

"There's funding out there," replied Tobash. "Maintaining this park

should not be a burden."

For instance, the $45,000 given to the borough came, not from the

county general fund, but from fines assessed against Pottsville

Sewer Authority over a sediment pollution incident caused by an

authority contractor. The fine was deposited into the county

Wildlife Trust Fund, which is aimed at ecological projects.

"It was found money anyway," Tobash explained later. "And it's not

like we're throwing it out the window. We're giving it to people

residing in the county."

Frew was named to the commission, but not as borough council's

representative. He plans to retire from council later this year, but

will continue serving on the commission.

Council was represented at Wednesday's commissioner meeting by

Councilwoman Phyllis E. Hesser.

"From the very beginning it was, save the lake, save the lake, save

the lake,'" said Hesser, who argued in favor of breaching the dam if

a satisfactory deal could not devised.

"In respect to the citizens of Pine Grove, we walked a thin line

between what was good for the county and what was good for the

borough. No one wanted to see the lake drained."

The agreement was the product of many long, hard hours of

negotiation between key players, Frew and Tobash.

In all, if an additional northern tract of land, almost 70 acres, is

purchased by the county within the next three years, the borough

should see about $130,000 in monetary compensation for transference

of Sweet Arrow Lake, as opposed to the original offer of $1.

.Editorials -- Feb. 24: A step forward...

Leadership made the difference.

No one can say this week's transfer of Sweet Arrow Lake from the

Borough of Pine Grove to the County of Schuylkill was inevitable.

A month ago, borough council walked away. Three weeks ago, the

state's Division of Dams and Waterways issued an ultimatum: Close a

deal to repair the dam in 30 days or drain the lake.

Only the determination of two public servants - Borough Council

President David S. Frew and county Commissioner Stanley H. Tobash -

got the talks going again and, through adjustments and compromise,

achieved the desired outcome.

A third name must be mentioned: State Rep. Bob Allen, R-125, not

only found a $650,000 state grant to repair the dam, he was a key

architect of the county's $10 million economic-development bond

issue, the source of the $650,000 local match.

Every fisherman, canoeist and birdwatcher in Schuylkill County will

benefit - and everyone has the chance to partake.

Further, the county Conservation District will be able to open Upper

Swatara Creek, which flows into the lake from the northeast, to

trout fishermen.

And the county's $45,000 payment will allow the borough to develop a

railroad right-of-way from downtown, so youngsters can safely pedal

out to the lake on a hot summer's day.

Some people mistake leadership with coercion. This is a textbook

case on how that's not so.

Reading the agreement, it's clear everyone bent over backwards to

smooth any and all ruffled feathers, even agreeing to a plaque

praising the "generosity of the Borough of Pine Grove."

It's hard to see where that generosity is. After all, borough

council unloaded a $1.3 million liability and got $45,000 to boot,

insisting to the end it would breach the dam if it didn't get

enough.

And if the county repairs the dam and fails to develop the park, it

all reverts to the borough, a provision Commissioner Jerome P.

Knowles may be banking on as he tries to derail park development.

In a democracy, it's said, people only get as good a government as

they deserve. So it's up to us to support Frew, Tobash, Allen and

like-minded public servants who have a longer view than the next

election.