MAHONING TOWNSHIP BOARD OF SUPERVISOR’S MEETING

Monday, May 13, 2013

CALL TO ORDER:

John Wieczorek called the meeting to order at 6:00 p.m. at the Mahoning Township Building, 2685 Mahoning Drive East, Lehighton, PA 18235

ROLL CALL:

PRESENT:

John Wieczorek, Chairman; Franklin Ruch, Vice-Chairman (left 6:53PM); Linda Benner, Supervisor; Bruce Steigerwalt, Supervisor; Todd Weaver, Supervisor; Thomas Nanovic, Solicitor and Natalie D. Haggerty, Secretary-Treasurer

APPROVAL OF MINUTES:

MOTION

John Wieczorek made a motion to approve the minutes of the April 8, 2013 Board of Supervisors Meeting. Seconded by Franklin Ruch. John Wieczorek, yes; Franklin Ruch, yes; Bruce Steigerwalt, yes; Linda Benner, yes; Todd Weaver, abstain 4-0 vote. Motion carried.

MOTION

John Wieczorek made a motion to approve the minutes of the April 22, 2013 Board of Supervisors Meeting. Seconded by Todd Weaver. John Wieczorek, yes; Franklin Ruch, abstain; Bruce Steigerwalt, abstain; Linda Benner, yes; Todd Weaver, yes 3-0 vote. Motion carried.

APPROVAL OF TREASURER’S REPORT: April 2013

MOTION

John Wieczorek made a motion to approve the Treasurer’s Report for April 2013. Seconded by Franklin Ruch. John Wieczorek, yes; Franklin Ruch, yes; Bruce Steigerwalt, yes; Todd Weaver, yes and Linda Benner, yes 5-0 vote. Motion carried.

APPROVAL OF TRANSFERS:

MOTION

John Wieczorek made a motion to approve the following transfer:

$537.97 Residential Street Light Money Market to General Checking

$1785.60 Residential Fire Hydrant Money Market to General Checking

Seconded by Linda Benner. John Wieczorek, yes; Franklin Ruch, yes; Bruce Steigerwalt, yes; Linda Benner, yes and Todd Weaver, yes 5-0 vote. Motion carried.

PAYMENT OF BILLS AND PAYROLLS:

MOTION

Franklin Ruch made a motion to approve payment of the following bills and payroll:

Bill List #375 in the amount of $102,422.71

General Check #19093

General Checks #19104--#19151

Payroll Check’s #11000-#11103

State Checks #1349

Building and Land Checks #142-#143

Seconded by Bruce Steigerwalt. John Wieczorek, yes; Franklin Ruch, yes; Bruce Steigerwalt, yes; Linda Benner, yes and Todd Weaver, yes 5-0 vote. Motion carried.

APPROVAL OF REPORTS:

MOTION

Franklin Ruch made a motion to approve the following reports:

Mahoning Township Equipment and Fuel Log for April 2013

Mahoning Township Zoning Officers’ Report for April 2013

Mahoning Township Road Crew Daily Work Log for April 8, 2013-May 10, 2013

Mahoning Township Police Report and Fuel Log for April & May 2013

Lehighton Area Memorial Library Minutes for March 21, 2013

Mahoning Township Engineer Report for April 2013

Mahoning Township Planning Commission Minutes for February 19, 2013 and March 19, 2013

Blue Mountain Home Health Care Advisory Board Meeting Minutes of February 13, 2013

District Court 56-3-01 and 56-3-03 Audits for year ended December 31, 2013

Seconded by Linda Benner. John Wieczorek, yes; Franklin Ruch, yes; Bruce Steigerwalt, yes; Todd Weaver, yes and Linda Benner, yes 5-0 vote. Motion carried.

OLD BUSINESS:

Sunny Hill Farms

Rick Bjorkman, Developer present to discuss setting up an escrow account with the township instead of a letter of credit. The Board of Supervisors agreed to an escrow in the amount of $150,000 one year expiration. Mr. Bjorkman is to submit funds to the township no later than May 24, 2013.

Street Openings Ordinance 2013-1

MOTION

Bruce Steigerwalt made a motion to adopt Ordinance 2013-1 an ordinance defining and regulating street excavations and openings. Seconded by Franklin Ruch. John Wieczorek, yes; Franklin Ruch, yes; Bruce Steigerwalt, yes; Todd Weaver, yes and Linda Benner, yes 5-0 vote. Motion carried.

Resolution 2013-14 Street Openings Fee Schedule

MOTION

Bruce Steigerwalt made a motion to adopt Resolution 2013-14 establishing rates and fees for street excavations and opening permit fees. Seconded by Linda Benner. John Wieczorek, yes; Franklin Ruch, yes; Bruce Steigerwalt, yes; Todd Weaver, yes and Linda Benner, yes 5-0 vote. Motion carried.

Super Walmart Traffic Signal Agreement

Nothing new

Lowe’s Request for Security Release

MOTION

Bruce Steigerwalt made a motion to reduce their security on their Land Development Agreement to $10,000.00 and also correspond a copy of the strike off list that still has to be completed under that $10,000.00 security. Seconded by Franklin Ruch. John Wieczorek, yes; Franklin Ruch, yes; Bruce Steigerwalt, yes; Todd Weaver, yes and Linda Benner, yes 5-0 vote. Motion carried.

Capital Improvement Fees

Franklin Ruch advised that there was no one present form Mount Bethel Township at the PSATS Convention to discuss.

NEW BUSINESS:

Ihor Bilinsky Easement Agreement

MOTION

Bruce Steigerwalt made a motion to have Tom Nanovic send a letter addressing his notes on the agreement. Seconded by John Wieczorek. John Wieczorek, yes; Bruce Steigerwalt, yes; Todd Weaver, yes and Linda Benner, yes 4-0 vote. Motion carried.

CORRESPONDENCE

MOTION

Bruce Steigerwalt made a motion to approve and place on file the correspondence dated May 13, 2013. Seconded by John Wieczorek. John Wieczorek, yes; Bruce Steigerwalt, yes; Todd Weaver, yes and Linda Benner, yes 4-0 vote. Motion carried

***PENNSYLVANIA 811, MARCH 2013

RE: 2013 PENNSYLVANIA 811 SAFETY DAYS

***CARBON COUNTY COMMISSIONERS

RE: CDBG FUNDS FY 2012

***NANOVIC LAW OFFICES, THOMAS NANOVIC

RE: LETTER TO JEFFREY GRAY, ESQUIRE, LOWE’S HOME CENTERS

***NANOVIC LAW OFFICES, THOMAS NANOVIC

RE: LETTER TO TIMOTHY EDINGER, LOWE’S HOME CENTERS

***PA DEPARTMENT OF ENVIRONMENTAL PROTECTION

RE: MYTHS VS. FACTS CONCERNING DRAFT TECHNICAL GUIDANCE FOR SEPTIC SYSTEMS IN HIGH QUALITY AND EXCEPTIONAL VALUE WATERSHEDS

***PSATS TOWNSHIP LEGAL DEFENSE PARTNERSHIP, SPRING 2013

RE: A PROGRESS REPORT ON APPELLATE-LEVEL COURT CASES AFFECTING TOWNSHIPS

***PSAB, THERESA DICKOW

RE: WEBINAR: PUBLIC WORKS: STREETS & ROADS BEST MAINTENANCE PRACTICES

***NANOVIC LAW OFFICES, THOMAS NANOVIC

RE: PETITION TO OPEN COUNTY ROAD

***T & M ASSOCIATES, GREGORY DUNCAN

RE: LOWE’S HOME CENTER

***CARBON COUNTY OFFICE OF PLANNING AND DEVELOPMENT, JUDY BORGER

RE: CDBG- BEAVER STREET IMPROVEMENT PROJECT

MOTION

John Wieczorek made a motion to send Franklin Ruch to Council of Government Meeting on Wednesday May 15, 2013. Seconded by Linda Benner. John Wieczorek, yes; Bruce Steigerwalt, yes; Todd Weaver, yes and Linda Benner, yes 4-0 vote. Motion carried

COMMITTEE REPORTS

Road Committee

Þ  Bruce Steigerwalt shared that there is a smell of septic within the new garage. The odor is coming in through the drain. Budget to put in a new drain field in 2014.

Þ  Drawings call for bollards the road department will install

Þ  Sign inventory and management system. We have until January 2014 to implement

Þ  Bruce Steigerwalt attended a meeting at the County Communication Center regarding HOP and partnering with PENNDOT. Easily received status reports of HOP’s

Þ  Franklin Ruch and Bruce Steigerwalt will perform road inspections.

Þ  Birds, seal up front corner of garage.

Police Committee

MOTION

John Wieczorek made a motion to accept Corey Frey’s successful completion of his probation period as a part time police officer. Seconded by Linda Benner. John Wieczorek, yes; Bruce Steigerwalt, yes; Todd Weaver, yes and Linda Benner, yes 4-0 vote. Motion carried

Þ  Discussed part time officers hourly wage

Þ  Linda Benner read letter of accommodations for Officers Frace, Mertz and Meek

OFFICIALS:

John Wieczorek

Þ  Requested as short executive session for legal and personnel

ADJOURNMENT:

MOTION

John Wieczorek made a motion to adjourn the meeting at 7:42 PM. Seconded by Linda Benner. John Wieczorek, yes; Todd Weaver, yes; Bruce Steigerwalt, yes and Linda Benner, yes 4-0 vote. Motion carried.

Respectfully Submitted,

Natalie D. Haggerty

Secretary-Treasurer

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