SHENANDOAH HEIGHTS — The majority of complaints at municipal meetings deal with complaints of good neighbors versus bad neighbors, and the West Mahanoy Township solicitor said it is a challenge for officials to deal with those issues.
Solicitor Frederick J. Fanelli spoke during the West Mahanoy supervisors meeting on Tuesday following the complaints raised during the public portion. Some involved garbage in yards and a garage and also high weeds and grass. Ann Marie Wycheck, Altamont, asked if ordinances can be strengthened.
“Can’t we do something with these ordinances to make them stronger?” Wycheck asked. “The quality of life (ordinance) is not strong enough. Maybe if they see jail time, they’ll get scared.”
“I think one of the good starts is that we’re citing more and more and more,” Supervisor David Lukashunas said. “The more we keep on citing, they’re going to find out that if they come into our township, it’s going to cost them some money for not doing what they’re supposed to do.”
Fanelli spoke up and explained that there are state limitations on what can be done.
“Whenever anyone become a supervisor like here in West Mahanoy, you find that the number one problem is not getting the streets plowed, but it’s what do you do when someone comes in with a bad neighbor complaint,” Fanelli said. “How do you make somebody be a good neighbor? There is no way to reprogram people. You can’t make somebody be neat and clean and orderly. So we have rules to try to hit them over the head.”
Referring to the supervisors, Fanelli said, “These folks are only allowed to pass rules that are permitted by the state. They can’t make it up as they go. They can’t impose jail sentences. They can’t give somebody 20 years in jail because they didn’t cut their grass. Their power can only emanate from what the state legislature gives them. That’s just the rule.”
Fanelli said he hears basically the same complaints in other municipalities where he serves as a solicitor.
“So you have someone not cutting their grass, has rats, is putting garbage in the back. That’s pervasive throughout the state,” Fanelli said Tuesday. “I do solicitor work throughout the county. When I go to a meeting tomorrow night, it will be a meeting with this neighbor’s bad, that neighbor’s bad, this neighbor’s bad. So the township supervisors are trying to police bad neighbors, but they’re governed by rules. Ann Marie, they don’t have the power to add jail time. They can impose ordinances that permit fines. If the fines aren’t paid, then the magistrate can issue a warrant for their arrest.”
Fanelli also addressed the suggestion about individuals or groups going onto a problem property without permission by the owner to clean it up, cut grass or complete other work them deem necessary. He said that they could be charged with trespassing.
Board Chairman Paul “Pepper” Martin and Lukashunas said the board is interested in looking into additional ways to enforce ordinances.
“Let’s see what else we can do other than regular citations,” Lukashunas said.
In new business, the supervisors approved a COSTARS contract — a state cooperative purchasing program — with Green’s Communications for the purchase of mobile and portable digital radios for the police department at a cost of $22,033.50. The digital radios will comply with the mandate that emergency services change from analog to digital communications.
Martin reported that Brior Environmental Services Inc. investigated a sewage/chemical odor coming from Mahanoy Creek near the village of William Penn. The initial inspection on June 3 determined there was a small amount of E. coli bacteria present in a test sample. On July 1, another test determined no chemical odor was detected and that the odor has dissipated, so no serious issues exist at this time.
Martin also reported that the road program bids will be received at the August meeting, and that Jones and Company had completed the annual audit of township accounts and the copy of the audit is on file at the municipal building.
On behalf of the board of supervisors, Martin congratulated township Patrolman Raymond Tonkinson on receiving from the Pennsylvania Traffic Safety Network an award for his efforts in 2013 in curbing aggressive driving.