Regular Meeting, February 9, 2004

Present: Visitors:

Thomas A. Schilinski, Chairman

Ronald Diaz, Vice Chairman

Joseph T. Murray, Secretary

Janis Krawchyk, Treasurer

I. Called to order

Pledge of Allegiance/Prayer

II. Comments: None at this time.

III. Reports:

A. Secretary’s Report:

1. Reorganization Meeting, January 5, 2004: Ron motioned, Tom second, Passed

2. Regular Meeting, January 5, 2004: Ron motioned, Tom second, Passed.

3. Special Meeting, January 29, 2004: Ron motioned, Tom second, Passed.

B. Treasurer’s Report:

1. Revenues-$31,333.54 Expenditures-$71,942.87

Bank Balances–Below.

Payroll Account General Fund

Checking $1,727.36 Checking & Savings $68,185.22

Recreation CD 0116200000280 $10,349.53

CD 1402000434 $21,711.93 Capital Reserve

State Account Checking $1,498.47

Checking $13,105.98 CD 1402000439 $15,572.72

Hydrant Account CD 1402000433 $329,735.72

Checking $2,243.27 CD 1402000431 $228,003.56

CD 1402000176 $5,197.36

CD 011620000239 $32,654.58

Joe motioned to pay bills and accept bank balances, Ron second, Passed.

C. Police Report:

1. Chief King reported people selling door to door and these people need a permit from the township. If they do not have a permit: notify the police department.

D. Supervisors Report;

1. Tom said with all the snow, rain and ice the county road are in very bad shape. The Anti Skid and Salt bought is over budget. There have been a lot of break downs with the trucks and overtime with being called out at night.

Residents from Creek Road complained about the coal company filing in the ditch line causing the water to run through their yard and into their garage. They ask if the supervisors could dig a ditch line to divert the water away from their home.

IV. Correspondence:

A. PA Public Utility Comm.-Consolidate Rail Corp. (Rails to Trails).

There have been issues between the County and PUC over the tunnels in Smith Township and other Townships. They have taken over the responsibilities of the tunnels and the Township is responsible for the roads under them. They tunnels are very narrow and they leak: the township would like to have them torn down. The areas involved are.

1. SR 4019-This is bridge that is closed in Bulger. This was the road to Bulger Arch Road. It will be torn down and barricades put in place and they would be maintained by them.

2. Bulger Arch Tunnel.

3. Station Street Tunnel.

4. Creek Road Tunnel.

They will install all necessary signs.

B. Dept. of Transportation:

The township applied as a candidate to have the Bavington red light replaced. Mr. Lyons from Penndot notified the township that the red light on Bavington Road would be replaced at a cost of $170,000.00. (at no cost to the township) The township will have to maintain the light after installation as the township does now. Burgettstown Borough will also receive a new light at Bridge Street. Penndot requires a Resolution for the maintenance agreement. Ron entertained a motion to pass Resolutions 2004-2R, Joe second, Passed.

V. Old Business:

A. Midway Sewage Authority: Due to a change in interest rates the ordinance had to be updated. Ron entertained a motion to pass Ordinance 2004-2, Joe second, Passed. Roll Call: Tom-yes, Ron-yes, Joe-yes.

B. Land Subdivision: An appraisal needed for the property owned by Dan Petricca. Joe Murray had called Chuck Lounder to see if he could do an appraisal. It is 1.4 acres of the property the township wants to purchase to go with the property donated by Tom Peterson and Ray Bologna. It is a strip of land known as the old railroad bed. There is a gas line and sewage line within this tract of land. Tom would like to purchase this property. Ron asked if this would be in Phase II. Tom said yes; it is a little confusing because there are three parcels in Phase I. Also in Phase I is a section of land and roadway attached to parcel three. I have to see Ray Bologna and Tom Peterson to see if it could be worked in with Phase II or make it different Phase. Peterson wants to gate part of his property. Ron wanted to know how the township is going to pay for the property. Tom said either a loan or out of Capital Reserve. Tom said we are here to purchase land for a Municipal Building. Ron said: I told you the last time I am not in favor of buying land. It was alright when the 10 or 15 acres was going to be donated but if we have to spend money I am not for it. Joe motioned to have the property owned by Dan Petricca appraised, Tom second. Roll call: Tom-yes, Joe-yes, Ron-No.

Questions:

Gary McCuen: If you are worried about the cost of salt how can you justify spending money on this project.

Tom: The supervisors have put money in the Capital Reserve Fund for building a new Municipal Building since 1993.

Gary McCuen: Is the Capital Reserve just for a building.

Tom: It is for Building or Equipment. We have used the interest before but have kept the initial $500,000.00 for a building. We are growing, the police station and the building are too small. It was decided when Bob Fuller was still here to look for property on Route 18. We wanted all the land donated but that does not always work out.

Gary McCuen: What about the property across from Binbo’s.

Tom: We would have still had to buy old railroad property from

Green’s and Ray Bologna does not own all that property in that

location and a bridge would have to be put in at that location.

Gary McCuen: You said the bridge at the other property would have to have a new bridge put in.

Tom: The bridge will probably have to be replaced. We are looking at getting almost 10 acres donated. If we are to act we have to do it now. We have passed up the schools in the past. The township can no longer operate out of the current building.

C. HMT Engineers-Vance Drive/Wash. Co. Redevelopment-Low

income. Grant money. HMT cost for the project for the following work. Tom told Ron they can do the milling so the road would be done right.

· Field measurement, Topographic and Survey services

· Preliminary Engineering & Design

· Preliminary Cost Estimates

· Prepare Final Engineering and design plans.

· Prepare technical and bid specifications for RACW.

· Attend Bid opening and review bids.

· Prepare bid award recommendation.

· Attend pre-construction conference

· Hold construction meetings with contractor as required.

· Perform construction inspection as required.

· Review and approve all contractor invoices for payment.

· Co-ordinate all work with RACW, Township, contractor and residents.

· Perform final site walkover inspection with all parties.

The cost of the project budget is approximately $118,000.00 to $121,000.00. The grant would be $118,000.00. That would include the boxes, pipe, driveway connections from Cross Creek Township line to the railroad overpass. The cost of the engineers for the above services is $4,950.00 to be paid in three payments. Ron Diaz motioned to hire HMT for the engineering of Vance Drive, Joe second, Passed.

VI. New Business:

A. Subdivsion/Aller, Barry, Harmon Creek Road. Land switch with adjoining property for parking area. Ron motioned to pass subdivision, Joe second, Passed.

B. Auditor/ The supervisors have received a letter of resignation from William Stewart as his position as auditor due to ill health. The Supervisors will have to appoint a replace to fill his term of office. Rose Nice who was an auditor in the past would be willing to do it for this year. The Board of Elections in Washington County will have to be notified. Ron motioned to appoint Rose Nice, Joe second, Passed.

C. Local Government Reform: The supervisors have received a letter from William Price asking them to have the study done for the consolidation of Smith Township and Burgettstown Borough. Two public meetings have been held: one at the Slovan VFW and one at the Kids Center in Burgettstown. Tom said it has been spearheaded by Joe Abbott and Don Zalasnik to have a study done for the merger of Burgettstown Borough and Smith Township.

Gloria Whiting: If there is a possibility of a merger why would you be building a new township building.

Tom: This merger was not done by Smith Township. The Township does not have any problems and will continue to move on with all plans. This could take two to five years and everyone I talk to in the township say we need a new building.

Mr. John Richards: Would it not make more sense to combine the two entities in facet to combine the resources and construct a facility that would serve both. With all the construction in the area and the growth expected these issues should be addressed before the township and borough fall behind. It is too hard to come from behind and catch up. There is no cost for the study.

It will take volunteers from Smith Township with guidance from the state to do the study and the State will pay. You do not know what the outcome of the study will suggest until it is done. I urge the three supervisors to go forward with the study and possibly end up the most cost effective, efficient and sensible government in this area.

Ron: I am for entering into an intergovernmental study with Burgettstown Borough at no cost to the township.

Joe: The last two mergers were East Pennsboro Township took in West Fairview Borough in 1999. And in 1998 a Fairview Township and Fairview Borough in Erie County consolidated. The problems they ran into were: the grant money was frozen and the legal fees for the ordinances to be redone was very expensive. East Pennsboro Township absorbed W. Fairview Borough was the most cost effective. The study will not cost anything but the residents should know that there will some cost later. I agree with Ron that the study should be done.

Ron said he would hope there would be an approximate cost before the residents vote on it.

Joe said that in the transitional stage if was paid by 50% grant money in one of the mergers.

Joe reported Burgettstown does not have a Planning Commission or Zoning Hearing Board. I hope this government agency will look at this. If there isn’t any grant money the Township and the Borough will have to pay for those costs.

Tom: It will cost the township the wages of the office staff to have all the information needed provided to them.

Chief King said this is the third time this has been tried and the township was at all the meetings. It died from the lack of interest by the residents.

Mr. Richards said the last time the township would have been responsible to pay a third party to do the study and this time the state is paying for the study.

Robert Clarke a letter of intent would have to be signed by the Supervisors for Mr. Forum.

Mr. Richards told the supervisors the main consideration would to select the proper board. He would be willing to serve on the board as chairperson if needed. Mr. Forum said to get all the ordinances, taxes, and infrastructure into the study. The supervisors said the ordinances cannot be changed by the study and that would be one cost. Joe said that Fairview Township had to give up the police department with the merger and now they rely on the state police:

Pam Church: Burgettstown Board Member said they are forming a Planning Commission and Zoning Board in Burgettstown Borough.

Tom’s comments are as follows:

The present is not the future of Smith Township. Everything that has been accomplished up to the present by the elected supervisors, men and woman who have served and donated many of their precious hours without compensation on committees and various boards to bring about the infrastructure of water and sewerage up to a higher standard in order to make this a better place to live. Hours of time and money has been put into ordinances, resolutions, comprehensive plan, zoning & building codes, etc. to update for the present and the future to elevate us to a better and higher standard of living and government. In April of this year Pennsylvania will enact the State Uniform Construction Code that was passed in 1999. It will become law on April 8, 2004. Our township has been preparing for this since 1999 because they told us it would be law in 1999. By passing the BOCA Building Code and hiring a third party of trained and certified inspectors we have been in operation for over three years. At this time the township will only have to amend and update to the 2003 International Building Code. Majestic Point with a potential of 80 new homes going in and Birch Ridge Village with 10 or more homes and many more new homes being built because of sewerage being implemented in the township prompted us to update our Subdivision and Land Development ordinance and adopted updated Construction Standards and Details. This was done December 10, 2001 in an effort to stay abreast of the growth anticipated in the Township.

In February, 1999 Joe Abate spearheaded a movement to merge the township and the borough. The Township did agree to a study. Sitting in the meetings we find out Joe Abate by his talk his sole purpose and aim is that the township: become a borough: merging with Burgettstown. This and the residents of Smith Township prompted the Supervisors to write this letter. See Enclosed.

Let it be known it was not the Township Supervisors that stopped this study. I believe one reason was the lack of interest. Joe Abate was Chairman, Ron Diaz, Vice Chairman and Phil Esno Secretary in 1999, for this study.

Now in 2004 Don Zalasnik along with Joe Abate are spearheading again a merger with their sole purpose and aim is to do away with the township and have it become a borough.

A merger is a boundary change where one unit goes out of existence and is absorbed by another: usually the larger unit. (Smith Township having 22,194 acres and Burgettstown 371 acres.) The township residents should not be taxed or burdened in having to change their ordinances, resolutions and rules & regulations. The only question that I believe if it is every put on a ballot would be. Do the residents of Burgettstown Borough want to come into the township? And to Smith Township residents: Do you want to bring the Borough into the Township?

I would recommend that Burgettstown do a study on their self to see the out come.

I believe it is premature and distracting at this time for both municipalities to be involved in a study. Smith Township is moving ahead. A solid foundation has been laid: to build and improve on.

Jake Snyder told Tom: Joe Abate is not involved in the merger.

I apologized for using Joe’s name. Ron Diaz motioned to have a study,

Joe second. Roll call: Ron-yes, Joe-yes, Tom-no.

Gary McCuen wanted to know what was being done about all the cars in Francis Mine. Chief King told him the police have been to the home and they were told to get rid of them.

Gary McGuen: The old Conklin garage in Langeloth is there a business there? Chief King told him that was a zoning issue and Charles Quader was handling the situation.

There being no further business. Joe motioned to adjourn, Tom second, Passed. Meeting ended at 8:35 P.M.

_______________________

Joseph T. Murray, Secretary