Rice Township Board of Supervisors - Minutes

RICE TOWNSHIP BOARD OF SUPERVISORS - MINUTES

September 14, 2016

The duly advertised regular meeting of the Rice Township Board of Supervisors was held on Wednesday, September 14, 2016, at the Rice Township Municipal Building, 3000 Church Road, Mountaintop. Copies of the Agenda and Treasurer Reports were available to the public. Chair Marcia Thomas called the meeting to order at 7:00 p.m. It is announced that the meeting will be recorded for preparing the minutes. Interior cameras are also recording the video.

ROLL CALL: Arnold Here
Pipech Here
Thomas Here

Also present were: Please see attached sign in sheet.

Before the meeting, Cody Forgach, Rep. Mullery's Legislative Assistant, introduced himself to the attendees. Chair Marcia Thomas asked for a moment of silence for the Township's former Zoning officer, Lou Konopelski.

Received the Treasurer's Report:

Correcting errors on the August Report: General Checking: $59,291.63 General Money Market: $55,405.74 First Keystone $50,018.64

General Fund total income for August was $146.612.83. General Fund total expenses were $84,677.85. Liquid Fuels had expenses of $667.96. The Recreation account had no activity.

Balances as of August 30, 2016, as presented on the paper report:

General Checking: $138,205.28 General Money Market: $35,406.37 First Keystone $50,022.89

Liquid Fuels Checking: $2,112.31 Liquid Fuels Money Market: $116,512.33

Recreation Checking: $2,277.75 Recreation Money Market: $10,015.66

Total Cash on Hand: $ $354,552.59 Total bills presented for payment: $31,416.77

MOTION by Thomas, second by Pipech , to accept the Treasurer's Report as presented, and all bills to be paid.
ROLL CALL: Arnold -Yes Pipech -Yes Thomas -Yes
MOTION CARRIED.

PUBLIC COMMENT: Thomas suggested that we hear the Engineer's report first.

ENGINEER'S REPORT:

Andy Pasonick, Township Engineer, reported that the culvert site is excavated, wing walls soon to be in place and the pipe is on site. The one issue to address is the need for a change order for the relocation of the PP&L line at the cost of $7,236. PP&L refuses to relocate the line until paid. Metrocast has already relocated its lines. Water conditions and the line change issue will delay completion until October 14th. Mr. Pipech asked about downstream earth conditions. Latona is working to get the water out of it. Upstream is good. Latona will pay PP&L through a work order and waive its normal 15% markup on this. Township Solicitor Jack Dean suggested that we follow the change order method to get the job done. There is still confusion and frustration as to why it has taken so long for this electric line issue to surface. There is also disbelief that PPL bored through the old steel culvert to install the line. There may be an opportunity to dispute this later. The roads were dedicated to the Township well after the electric cable was installed - Thomas thought in the mid-1980's - to accommodate the residents. The easement was executed by the developer long before then.

Pasonick reported on the September 2nd meeting with Kirk Krieder of the Dam Division of Pennsylvania Department of Environmental Protection. As a result of that meeting, the Township will need to submit a Letter of Amendment to the existing dam permit. The letter must present a plan that will allow the dam to draw the lake fully down in accordance with Section 105.96. Volume calculations have to show that the draw down will occur over the time frame prescribed by law. Preliminary calculations show that the 18" by 18" sluice culvert in the dam, in conjunction with the current 14" pipe, will not meet the regulations. Pasonick has submitted those calculations to the Dam Division in Harrisburg for their review.

Mr. Wentz asked if the lake was a natural lake. Mr. Pasonick explained that the regulations require that the lake be fully drawn down to the base of the dam to take pressure off the dam. The method to do this has to be part of the Letter of Amendment. In answer to Mr. Grohowski's question, Pasonick clarified that the dam was a combination of concrete and stone. Pasonick suggested that the solution may be the boring of a 24" opening to meet the volume requirements of the regulations. The submission has to contain the full package of plans, costs, time tables. To do this, the submission may not be available until later in the 4th quarter of 2016. There are a limited number of contractors who do this and it will be costly. Pipech noted the cost issue and the need to apply for more funds. We will need to see what DEP suggests. Grohowski voiced concern about boring through the earthen dam and preventing seepage there. Pipech noted that the best thing is not to touch the earthen dam. Grohowshi asked if we could use the sluice culvert and existing pipe, and bore a smaller hole to meet the additional volume requirement. Pasonick replied that the drawing of the sluice culvert comes from 1913 and we just do not know its condition. Pasonick explained that the concern for DEP were the downstream people and their safety. He also noted that the requirement is two draw down 2 feet of water over 24 hours plus handle 70% of the highest monthly water load at the same time. Pumping does not work for fear of pump failure. There was also discussion about clearing out the spillway from vegetation. The Township does not have the equipment to clear out the spillway. This work will be part of the submission. Once submitted, the review time by DEP is likely about 6 months. Wentz thanked the supervisors for the timelines which were made available on the culvert and dam projects. He also thanked Pipech and Pasonick for their increased communications over the last month. Thomas noted that all levels of the Township had worked hard on these projects. There being no public comment, Thomas continued with the agenda.

REPORTS:

The RTPC did not meet on Wednesday, August 24, 2016, for lack of agenda items.

Mountain Top Area Joint Sanitary Authority Minutes from July 20, 2016 are available to the public.

Wright Township Volunteer Fire Company Report is available to the public, and Fire Police Incident Recap is available to the public. Mr. Arnold reported that there were 34 incidents. The car show was almost rained out. National Night Out was well-attended. Discussions continue regarding the location of a fire truck at the garage at the RTVFD location, and security and rodent control issues need to be resolved. A letter drive is being conducted to raise funds.

Time line reviews of the Laurel Drive Culvert Project and the Ice Lakes Dam Project detailing the chronological facts of each were made available to the public.

BUSINESS MATTERS:

MOTION by Thomas, second by Pipech, to accept the Minutes of the Regular meeting held on August 2, 2016.
ROLL CALL: Arnold -Yes Pipech -Yes Thomas -Yes
MOTION CARRIED.

Received the Roadmaster's Report for August, 2016: The Roadmaster noted that, after consultation with the Township Engineer and the Regional PennDOT representative, the paving project for Henry Drive will be delayed until the spring in expectation of better pricing. Currently, the Road Crew is working on patching.

MOTION by Thomas, second by Arnold, to accept the Roadmaster's Report as presented.
ROLL CALL: Arnold -Yes Pipech -Yes Thomas -Yes
MOTION CARRIED.

Received the Police Report for August, 2016: Presented by Sergeant Ehret.
MOTION by Thomas, second by Pipech, to accept the Police Report as presented.
ROLL CALL: Arnold -Yes Pipech -Yes Thomas -Yes
MOTION CARRIED.

Arnold noted that there is a lot of speeding in the Township. If there is anything we can do to slow down the traffic that would be good. Arnold thanked the Police for working on this. In response to comments regarding the speeding endangering walkers and bicyclists, Thomas noted that there is a master plan including bike paths and walking paths and expressed the desire to implement the plans to expand recreation option for the residents.

Received the Zoning Officer Report for August, 2016: Presented by Secretary Beck in the absence of the Zoning Officer.

MOTION by Thomas, second by Arnold, to accept the Zoning Report as presented.
ROLL CALL: Arnold -Yes Pipech -Yes Thomas -Yes
MOTION CARRIED.

Received the SEO Report for August, 2016: Presented by Secretary Beck in the absence of the Sewer Enforcement Officer.

Thomas briefly explained the history as stated below:

During the month of August, the Board of Supervisors, the Township Engineer Andrew Pasonick and the Secretary worked to proceed on the Henry Drive paving project in order to be able to have a chance at completing the project this year. Via phone and email, authorization was given to the Township engineer to move forward in order to advertise the project. Subsequently, after consulting with our PennDOT representative it was agreed to postpone the project.

MOTION by Thomas, second by Pipech , to ratify the decision made by email consent in August to authorize PennEastern to prepare the bid packet for the Henry Drive project and revisit the project in early 2017.

ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes
MOTION CARRIED.

Pipech asked Beck to be sure that we contact the DCED to ensure that we do not lose the grant funds for Henry Drive.

MOTION by Pipech, seconded by Arnold, to adopt Resolution 2016-9 appointing the Township Secretary to the position of Chief Administrative Officer for the uniformed and non-uniformed pension funds.

ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED.

MOTION by Thomas, seconded by Pipech, to approve the payment of $5,000 to the Mountain Top Council of Governments representing our annual membership for 2016.

ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED.

MOTION by Thomas, seconded by Pipech, to renew the police "Alert/Care Software Service Agreement" with Metro Technology Services, Inc. for the period 11/1/2016 to 10/31/2017 at a cost of $1,087.00. (This is only a $31 increase from last year)
ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes
MOTION CARRIED.

MOTION by Thomas, second by Pipech, to ratify authorization for the Township Secretary to attend a PSAB Basic Budgeting class on September 8, 2016, and to enroll in a township training membership to PSAB to receive discount prices, for a total cost of $225.00.
ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED.

MOTION by Thomas, second by Pipech, to authorize a payment of $190 to the PA State Association of Boroughs for the Ann Kijek and the Township Secretary to attend a Zoning Course on two Saturdays in November.
ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED.

MOTION by Thomas, seconded by Pipech, to authorize the Township Secretary to apply for a Credit Card for Township use and the cancelation of the Citizen Bank debit card.

ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED.

MOTION by Thomas, seconded by Pipech, to authorize the Township Secretary to pay up to $40 to attend the webinar on New Federal Overtime Pay Rules on 9/20/16 offered through PSATS.

ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED.

MOTION by Thomas, seconded by Pipech, to renew the lapsed annual service contract for the Canon 2525 ImageRunner copier/printer with Golden Business Machines for $108.00 per quarter effective August, 2016.
ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED.

Thomas asked Bryan Brown, Emergency Action Coordinator, to explain the proposed EAP for the dams. This is an update should there be a failure regarding downstream protection, and the update is required in order to apply for the Letter of Amendment to work on the Ice Lakes Dam.

MOTION by Pipech, seconded by Arnold, to accept and approve the updated Emergency Action Plan relating to the Ice Lakes Dam and the Blue Giant Meadow Dam as presented by the EMA Coordinator.

ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED.

MOTION by Thomas, seconded by Pipech, to adopt Resolution 2016-10 affirming the previous motion adopted at the July 5th, 2015 meeting to secure up to $100,000 of borrowing to finance the replacement of the culvert on Laurel Drive.

ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED.

Thomas made the following motion , and Arnold asked for discussion. In that discussion, the Supervisor's reviewed the map and determined whether there was value in talking with the right of way Administrator and the other parties involved. Dean suggested that we table it. Arnold will work with Beck on this. Thomas noted that any meeting regarding the Township would have to be a public meeting.

MOTION by, seconded by, to adopt Resolution 2016-11 to accept PennDOT's offer of $15,600 for the property owned by the Township what will be the corner of Henry Drive and Church Rd. to facilitate the removal of the Church Rd. bridge and the construction of the intersection of those two roads. ROLL CALL: Arnold Pipech Thomas

MOTION CARRIED.

MOTION by Pipech, seconded by Arnold, to table the acceptance of PennDOT's offer of $15,600 for the property owned by the Township at the corner of Henry Drive and Church Rd pending further investigation.

ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED

MOTION by Thomas, seconded by Pipech, to authorize Latona Trucking to submit a change order for the cost of PP&L's power line relocation at the Laurel Drive Culvert construction site totaling $7,236.00.

ROLL CALL: Arnold - Yes Pipech - Yes Thomas - Yes

MOTION CARRIED.