October 20, 2008

The regular monthly meeting of the Mahoning Township Supervisors was held this evening at the Township Municipal Building at 5:30 PM.

Members of the Board present:

            Christine DeLong, Chairperson

            Ron Miller, Vice-Chairman

            William Earlston, Supervisor

Also attending were:                

            Rick Shoch, Solicitor                            Gina Morton, Daily Item                      

            Jay Vought, ZO/UCC                           Robert Lenig

            Dave Shope, Chief of Police                 John Eric, Press Enterprise

            David Barron                                        Bob Welby

MINUTES & TREASURER’S REPORT:  Minutes of the previous meeting of September 15, 2008 were approved with no alterations or corrections, motion Mr. Miller, second Mr. Earlston.  Treasurer’s Report for the month of September 2008 was accepted by motion of Mr. Miller, second Mr. Earlston.

DEPARTMENT REPORTS

SOLICITOR

VALLEY VIEW:  In executive session for matters of litigation, the solicitor explained that the Board had met with special counsel from McNees, Wallace & Nurick this morning during workshop, and found that due to bonding secured and the ordinances in effect at the start of the Valley View/Carl Rinehimer development. Attorney Jonathan Andrews advised the Board, that to pursue this matter, would be like throwing good money at bad.  He noted that the Board has not accepted the road and one lot remains, but to pursue this legally would not stand up to a challenge. Although the Board wanted to move the issue due to the residents already living there, they were advised they should not take any action. Resident’s of the development could contact Mr. Rinehimer to bring this to some resolution, as the township has already provided enough to this development by installing the corrective drainage swale never placed by the developer.

ZONING/UCC:  October report of fess collected.

POLICE DEPARTMENT:  September monthly report submitted. Chief reminded all that Trick or Treat would be on Halloween, October 31, 2008 until 9:00 PM.

STREET DEPARTMENT:  Mr. Eyer’s report was submitted at workshop this morning. 

Two items he requested be addressed by the press to the public were that anyone having basketball hoops along township roadways, remove same for the winter plowing season, and also that residents do not plow or shovel their snow into the road or on other properties.  Along with those reminders the Board requested that residents near fire hydrants help the volunteer firefighters by shoveling the hydrants nearest their homes, whenever possible through out the winter season.

ENGINEER: John read his monthly report for October, which required action by the board on the following items:

MARIANO:  Question as to whether or not the 1999 Peachtree Condo Plans could be used was addressed. Zoning Officer will contact the developer to advise that the plans must be resubmitted but would not be required to meet all current standards, as part of the development was already built under the old regulations.

DRUMHELLER LETTERS:  All agreed that letters which require interpretation for the Mariano project on Justin Drive will be addressed by the engineer for the Board.

OLD BUSINESS

FALSE ALARM ORDINANCE was accepted by motion of Mr. Miller, second Mr. Earlston.  The ordinance is intended to provide for the registration of all alarm systems within the township and sets fines for excessive alarms.

UCC PROPERTY MAINTENANCE ORDINANCE, which would allow the Township the opportunity to have unkempt properties cleaned up in accordance with the International Construction Code of the State of Pennsylvania, and would repeal the dangerous building ordinance was adopted.  Mr. Earlston motioned in favor, Mr. Miller seconded.

INFILTRATION ORDINANCE was adopted by motion of Mr. Miller, second Mr. Earlston. The ordinance will detect and remediate illegal surface water connections and infiltration into the township sewer system, and will be up to the municipal authority to enforce and administer same.

FIREWORK ORDINANCE setting forth permit rules and regulations on public displays was adopted by Mr. Earlston who motioned in favor, Mr. Miller seconded.

2009 BUDGET:  By motion of Mr. Miller, second Mr. Earlston the Board approved and adopted the proposed budget for 2009 which provides no tax increase.

ESCROWS:  For both Stetler Insurance and the Gatehouse were approved to be closed and returned, as both projects are complete, motion in favor Mr. Miller, second Mr. Earlston.

NEW BUSINESS

BURNING ORDINANCE AMENDMENT:  Approved for advertising with the intent to adopt at our next meeting by motion of Mr. Miller, second Mr. Earlston.  The change would allow fire for purposes of cooking.

RECYCLING ORDINANCE AMENDMENT will be further addressed at our next workshop and meeting so that the over all program can be looked at prior to making changes, not only to be in compliance with the DEP 904 regulations.

FEE SCHEDULE:  For purposes of clarification the Board changed the resolution fees to take out the words no longer provided for in our ordinance, those being; Major and Minor Sub Division Fee.  Instead, the resolution states; one to three lots would be $500, with all legal or engineering fees incurred to be paid by the applicant, and four or more lot subdivisions would be $1,000, with all legal and engineering fees being paid by the applicant.

PERMIT PARKING:  The Chief requested the Board make changes to modify the permit parking ordinance and discontinue the program, which would open spaces for all other time periods throughout the day, currently the spots are used during the day time only.  Local residents of that area would still receive permits, just how many each was not yet determined.  The Board by motion of Mr. Earlston, seconded Mr. Miller instructed the solicitor to work with the Chief on the changes and advertise the amendment for adoption at our next regular meeting.

The Board also requested that the solicitor prepare an amendment to make the south side of Pleasant Street “No Parking” from Drexel to Poplar. Motion in favor Mr. Earlston, second Mr. Miller.  The amendment will be advertised for adoption at the next meeting.

STRAWBERRY FIELDS:  Bob Welby, Developer requested that the roads in his development be taken over by the township. He stated 75% of his development is complete.  Several pieces of correspondence had come from the township engineer about concerns the township had, but to our knowledge had never been addressed.  The secretary and engineer will review their files to see where this issue was left, and although the time to add the roads to Liquid Fuels has passed for this year, the Board agreed to revisit the issue at their next regular meeting.

The floor was opened again for public comment, however, being none, Mr. Miller motioned in favor of authorizing and approving the payrolls and bills for October, 2008 and also to adjourn, Mr. Earlston seconded.