Board of Supervisors MeetingNovember 10, 2015

FORWARD TOWNSHIP

BOARD OF SUPERVISORS

PUBLIC MEETING

November 10, 2015

7:00PM

PRESENT

Mark Wilson, ChairmanJ. Rodger Lees, Vice Chairman

Mary L. McElhinny, SupervisorTom May, Solicitor

Charles Behm, Road MasterDebra Rajchel, Secretary

Donna Behm, AuditorJim Rape, Planning Commission

Jeff Argyros, EngineerTom Zoelle, Planning Commission

VISITORS

Brian Greenwalt, ECFDMatt Otto, ECFD

Walter Wiemann, ResidentKevin Kozik, Resident

Glen Beattie (Daryl Metcalfe rep)Steven Victor, Developer

Phil Chips, Twp. Roadworker

CALL MEETING TO ORDER

Chairman Wilson called the public meeting to order at 7:01 PM and all stood for the Pledge of Allegiance to the Flag at the Forward Township Municipal building located at 207 Ash Stop Road, Evans City, Pennsylvania.

PUBLIC COMMENT - None

APPROVAL OF MINUTES

Chairman Wilson made a motion to approve the October 13, 2015 Regular Meeting Minutes, Supervisor McElhinny seconded the motion, motion passed unanimously.

Rodger Lees, Vice Chairman made a motion to approve the October 27, 2015 Pro-forma 2016 Budget Workshop Meeting Minutes, Supervisor McElhinny seconded the motion, motion passed unanimously.

FINANCIAL REPORT – The Board reviewed financial reports for October 2015.

The board accepted the Township’s account balances for October 2015:

General Account ($144,442.09)

PLGIT General Account ($149,529.05)

PLGIT Plus-General Fund ($173,754.74)

Capital Reserve Fund ($120,296.89)

Act 13 Impact Fees Account ($428,949.44)

State Liquid Fuels Account ($108,708.27)

and various Escrow Accounts.

AUTHORIZATION OF EXPENDITURES

Review revenue and expenditure reports from October 13 – November 10, 2015

Mark Wilson, Chairman made a motion to authorize payment of monthly expenditures in the amount of $42,427.70 and void the payment of check #6439 that was issued for 2016 membership dues in the amount of $506.00. Vice Chairman Lees, seconded the motion, motion passed.

(12/8/15 Amended to read - Mark Wilson, Chairman made a motion to authorize payment of monthly expenditures in the amount of $42,933.70. Vice Chairman Lees, seconded the motion, motion passed.)

Review of the township payroll for the month of October 2015 in the amount of $14,314.97. Board tabled the motion until the Budget portion of the Meeting and after review approved the payroll for October 2015.

Rodger Lees, Vice Chairman made a motion to authorize and accept the payroll report for September 2015 in the amount of $12,034.40. Chairman Wilson, seconded the motion, motion passed.

TREASURER/BOOKKEEPING

A brief update on the revision of the financial chart of accounts and accounting practices was reported by Secretary Rajchel and the QuickBooks software training sessions. Further changes to the Fund Coding in the Chart of Accounts are awaiting the Supervisor’s review and revisions.

TOWNSHIP PUBLIC INFORMATION SERVICES

Progress and development of a new Township web site is proceeding and the township is looking for photos to use on the web site. Site should be up and running in December.

REPORTS

EVANS CITY VOL. FIRE DEPARTMENT

Matt Otto and Brian Greenwalt of the Evans City Fire Department presented Fire Report for the month of October 2015. Brian indicated that there were two changes on their 2016 Board of Officers. The Treasurer and the Secretary have switched positions for next year. They asked if the Board of supervisors had questions regarding their 2015 Audit Report. It was noted that Supervisor Lees is still reviewing the Evans City Fire Department 2015 Audit Report.

PLANNING COMMISSION

Jim Rape, Chairman of the Commission made a recommendation that the Kozik Lot Line Revision be approved by the Board of Supervisors.

Mark Wilson, Chairman made a motion to approve and sign the Mylar for the Kozik – Lot Line Revision, Vice Chairman Lees, seconded the motion, motion passed.

TAX COLLECTOR

Ronda Miller, Tax collector presented a certificate for continuing education class on October 26, 2015 and a receipt for reimbursement consideration for the course expenses in the amount of $100.00

Board held discussion of the elected position and history of the township’s nonsupport of these training expenses. It was noted that should the township consider reimbursement that it would be a 1/3 portion as the tax collector serves the County and the School District as well. Decision was tabled for Solicitor May to determine what amount/portion the Township is required to consider.

SOLICITOR – Tom May

Evans City Water and Sewer Authority - Solicitor May reported he has reviewed the recent correspondence from to the Evans City Water and Sewer Authority rates as well as the Agreement with the township. His opinion is that although this would be subject to different interpretations, he feels that the Authority is within its rights to charge a different amount to Forward Township residents based on the classifications of "inside the borough residents" and "outside the borough residents". It appears that the classes are uniform and that they have a rational basis for charging Forward Township residents an additional amount. He stated that the rates are to be “uniform” by class.

Concerns by the board were noted and Chairman Wilson will draft a letter inquiring further information from the ECWSA on the replacement of the original infrastructure, time allotted for the capitalization costs to expire and the anticipated life time of the infrastructure.

Cintas Agreement - Tom May, Solicitor has reviewed the Cintas Agreement and we may have some grounds to discontinue the Agreement under Paragraph 9. However, we would need to send them a registered letter first.

Chairman Wilson will draft a letter for Solicitor approval listing the grievances to be sent certified mail as per the agreement findings.

ENGINEER – Jeff Argyros

Mr. Argyros updated the board on the status of the issues concerning the final wearing course on the streets in Meadow Ridge Phase 2 as identified by the Roadmaster at the Oct. meeting. He stated that Shields Paving has finished the repairs. The Board stated that upon receipt of the extended Maintenance Bond and as agreed by the Developer, Steven Victor a warranty for 15% of the construction costs will be drawn and presented to the township for 18 months coverage. Board will await bond to proceed with the adoption of these streets.

* See below - Roadmaster report for adoption.

CODE ENFORCEMENT OFFICER – not in attendance

The Board of Supervisors tabled discussion of the Fawn Trail concerns and Floodplain Ordinance Revision until Dec. meeting. They noted that the Floodplain ordinance response is due in 2016.

Chairman Wilson stated that Brian Miller, CEO has requested an assistant to cover all assignments through the end of the year due to health reasons.

Mark Wilson, Chairman made a motion to appoint Phil Chips as the Temporary Code Enforcement Officer to cover the assignments for the remainder of the year. Vice Chairman Lees, seconded the motion, motion passed.

ROAD MASTER

Meadow Ridge, Phase 2 - As per the request by Steven Victor, Developer for the Township to accept responsibility for roads within the Meadow Ridge, Phase 2 residential development and in light of Engineer’s report board agreed to adopt these streets, contingent on the developer posting the 18 month bond.

Mark Wilson, Chairman made a motion to accept Meadow Ridge Phase 2 streets and roadways, contingent on receipt of the Maintenance Bond of 15% of the construction costs for an 18 month coverage period on the paving of said streets by Shields Paving. Vice Chairman Lees, seconded the motion, motion passed.

Road Bonds to be released:

Royal Oak Road – XTO bond agreement, Roadmaster Behm indicated that the road repairs were completed with milling and fill to the township’s satisfaction.

Mark Wilson, Chairman made a motion to release the Road Bond on Royal Oak Road / XTO. Supervisor McElhinny seconded the motion, motion passed unanimously.

Needle Point Road – Mark West bond agreement, Roadmaster Behm indicated that the road repairs were completed on the grouser bar marks and repaired by E3 Tar repair methods to the township’s satisfaction.

Mark Wilson, Chairman made a motion to release the Road Bond on Needle Point Road / Mark West. Supervisor McElhinny seconded the motion, motion passed unanimously.

Browns Mill Road – Mark West bond agreement, Roadmaster Behm indicated that the road repairs were NOT completed to the township’s satisfaction. He feels that the cracks need to be sealed and the decision to release the bond were tabled for further consideration and repairs.

May Lane – J. P. Fabricating bond agreement, Roadmaster Behm indicated that the road has no damages and does not require repairs, recommending release of the bond.

Mark Wilson, Chairman made a motion to release the May Lane / J. P. Fabricating. Supervisor McElhinny seconded the motion, motion passed unanimously.

TOWNSHIP SECRETARY

Permission to waive the building permit fee for resident replacing modular home destroyed by fire.

Mark Wilson, Chairman made a motion to waive the normal building permit fee in light of the nature of the request. Supervisor McElhinny seconded the motion, motion passed unanimously.

OLD BUSINESS

Chairman Wilson presented two bids for the production and distribution of the Township Fall newsletter. Fed Ex Office bid in the amount of $1360.90 and Sue Kushnereit in the amount of $700.00. Both bids were to print, fold and mail to all township residents.

Mark Wilson, Chairman made a motion to accept the bid from Sue Kushnereit for production and distribution of the Township Fall Newsletter not to exceed $800.00. Vice Chairman Lees, seconded the motion, motion passed.

NEW BUSINESS

Stormwater Ordinance – Penalty Fine for non-compliance - The board reviewed and discussed the omission of the non-compliance fine being set when the Stormwater Ordinance was accepted in 2011. Chairman of the board, Mark Wilson felt that the supervisors needed to set the amount for fine of non-compliance (page 44 of said ordinance).

Mark Wilson, Chairman made a motion to set the amount for fine of non-compliance (page 44 of said ordinance) at $100.00 penalty recoverable with costs for each violation, and each day that the violation continues shall be a separate offense with penalties being cumulative. Vice Chairman Lees, seconded the motion, motion passed. Opposed: Mary McElhinny, Supervisor opposed this motion as she felt she needed time to think about it.

Employee Handbook - Chairman of the Board, Mark Wilson asked the board to review the presented Employee Handbook and make recommendations back to him and at that time he will forward it to Solicitor May for legal approval.

Board will announce that they would take a recess for 10 minutes and upon resuming the meeting the remainder of the evening would be devoted to finalizing the 2016 Township Pro-forma Budget.

2016 Township Pro-forma Budget Workshop #2

At 8:05 PM the board resumed for the 2016 Township Pro-forma Budget Workshop #2.

At this time Vice Chairman, Lees stated that the October Payroll report was accurate and the board accepted it as presented. * see financials in minutes

  1. Needle Point Road – State Grants

Roadmaster Behm asked the Board to consider funding in the budget for the 2016 roadwork on Needle Point Road. This road is being considered for two State Grants in the amount of $120,000 for the first and the second to be determined. He suggests that the Township’s contribution (Ph. 1/$60,000 and Ph. 2/$30,000) being approximately $90,000 total in kind contributionwould cover the Employee Labor, Equipment Usage and Rentals. This project will be completed in 3 Phases.

Behm stated that 900’ of the Needle Point roadway is entrenched and will need to be raised. It will also require the replacement of pipes,using aluminum or cement pipe. He felt that based on the recent work on George Road Grant $56,000 contribution, that the township contribution would be approximately $60,000 dollars Phase 1 and approximately $30,000 for Phase 2 to satisfy the grant for these projects on Needle Point Road. This would be approximately $90,000 in kind contribution from the township. The 3rd phase will be a 2017 tar and chip of the road surface with possibility of paving in 2018. Township will need to acquire a Civil Engineer for a seal and approval on the pipe for this project.

  1. Fee Schedules for 2016 will be needed for Engineers, Solicitor and Sewage Officer.
  1. 2015-2016 Winter Maintenance - Board requested that a Courtesy Call be made to Jerry Oliver, Frank Shipley and the invoice to Meadow Ridge be voided.
  1. Fire Tax – to provide a dedicated Budget for Evans City Fire Department – Open discussion with Brian Greenwalt and Matt Otto, ECFD regarding their serious need for financial support from the township. They stated that the surrounding communities and township fire departments have support from several contributors each. But, that the Evans City Fire Department has only the financial help of Forward Township. They stated that the fund drives and donations are down considerably. They are asking the township to be a funding source for them.

Mark Wilson, Chairman of the board presented a solution that even though the taxes for the township have not been increased in 30 years, that the board consider redirecting a portion of the current millage as a provision and funding source to the fire department. He proposed that the township take a reduction from the 2.78 millage and designate that .78 mills be directed to the fire department as a Fire Tax and the township reflect the deduction to the remainder 2.0 mills, with the option of reconsidering the annual donation of approximately $26,000 from the Foreign Fire Fund. However this year the Foreign Fire Fund has dropped to approximately $17,000.

Mark Wilson, Chairman made a motion to enact .78 mill tax for provision of a funding source in fire protection by reduction of the 2.78 mill tax for the township, leaving a balance of 2.0 mills to the use of the township. There was no second to the motion. Motion failed.

Vice Chairman Lees opened discussion of a proposal to continue with the annual donation but to make the contribution in quarterly installments or on a monthly basis. Chairman Wilson restated that he felt the township has a responsibility to the residents to make fire protection available considering the value of the homes within the 4 developments of the township.

ADJOURNMENT

Board adjourned at 12:35 AM.

Next Meeting: December 8, 2015

Respectfully submitted by the Board of Supervisors and Debra Rajchel, Secretary

1