West Penn needs more time to finalize draft water extraction ordinance

More time is needed to finalize a draft water extraction ordinance in West Penn Township.

Board of Supervisors Chairman Tony Prudenti on Monday gave a brief update on water extraction Task No. 2.

Prudenti said the township received an update from its water extraction attorney, who said they have the draft of the ordinance, but need to spend more time finalizing it.

Township secretary Katie Orlick was asked to follow up with the water extraction attorney.

Resident Dave Lapinsky noted it’s been one year since the Water Resource & Planning Steering Committee formed.

Lapinsky said that with regard to Task No. 2, it seems to be taking a long time for the water extraction attorney to be getting the information.

Prudenti offered his reasoning to Lapinsky.

“In my opinion, it’s government,” Prudenti said.

Lapinsky then asked about a complaint from a resident about the Fort Franklin site, and how Prudenti said the township is looking at is as a complaint.

Resident Allison McArdle said her concern is that any progress that could made on the water extraction matter seems like deliberate indifference at times.

Prudenti said he understood McArdle’s frustration.

“It’s very frustrating all the way around,” Prudenti said.

In a letter dated Aug. 31, McArdle requested last month that the board issue New Ringgold Acquisition Group II LLC a “timely cease-and-desist order” by Sept. 10 “in order to protect the health, safety and welfare of West Penn Township residents.”

At last month’s meeting, Donald Moore, who does not reside in the township, noted that there were previously four permits for water extraction issued.

However, Jay Land, president and owner of Ringgold Acquisition Group II, stated that it’s “subject to current litigation.”

Moore said that the township zoning ordinance requires an occupancy permit, and there’s a building that was never issued an occupancy permit.

Moore added that the operation “is creating a very hazardous situation on Route 309.”

Board solicitor Paul J. Datte said the matter has been discussed with Anders, and that he is investigating it.

After that meeting, Prudenti noted that the letter was given to both Datte and Anders, and said the township was looking at this “like a complaint.”

In April, supervisors hired Curtin & Heefner LLP Attorneys At Law to review the draft water extraction ordinance and assist the township in determining the best options for resolution of water extraction issues.

The township will pay the law firm $225 per hour, not to exceed $5,000 without approval.

Additionally, the township is responsible for all expenses incurred by the law firm in connection with its representation.