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May 23,2022 Regular Meeting - approved

5/24/2022

 
May 23, 2022
CALL TO ORDER:
 Vice Chairman Mark Bucci called the regular meeting to order at 5:00pm in the conference room of the Adams Township Municipal Building.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was said by all present.
ATTENDANCE: 
 Those in attendance were Supervisors, Dennis Gdula, Brian Schrader, Dan Senft and Mark Bucci, William Barbin ,Solicitor, Jennifer Zakraysek, Secretary-Treasurer, and fourteen (14) visitors. Mr. Richards was absent.
PUBLIC COMMENT PERIOD FOR AGENDA ITEMS AND PRIOR MEETING MINUTES:
Mr. Bucci stated now the Public has the right and the opportunity to comment on any item from the previous meeting minutes.  None were forthcoming.
MINUTES: 
Mr. Bucci stated everyone had copies of the May 2,2022 regular meeting.  He asked all Board members to read the minutes.  Mr. Bucci asked for a motion to approve the minutes presented.  Mr. Gdula made the motion, second by Mr. Schrader.  With all in favor, motion passed.
TREASURER’S REPORT:
After discussion, Mr. Bucci stated the Treasurers Report was accepted as read. The General Account Fund showed revenues received totaling $181,469.46, expenditures of $ 95,637.55(check # 32343 to #32377) and a balance of $947,839.16.  The Street Light Account Fund showed revenues received of $18,649.40 and expenditures of $299.89(check #1608 to #1609) and a balance of $44,076.69.  The Fire Protection and Fire Hydrant Fund showed revenues received for the hydrants of 5,541.90 and protection of $16,588.37 and expenditures of $0.00(check #--) and a balance of $80,902.77.  The State Liquid Fuels Account Fund showed revenues of $0.00 in interest, and expenditures of $0.00(check#--) leaving a balance of $353,451.63. The American Rescue Plan Account showed revenues of $0.00 in interest, and expenditures of $0.00(check #--) leaving a balance of $182,841.25.
CORRESPONDENCE: Email from PennDOT concerning Winter Traffic Services Agreement.
Letter from National Park Service concerning Johnstown Flood National Memorial.
Letter from Beaverdale Library about donations; discussion and any possible motions. Mr. Bucci stated that in the past that we had donated $500.00 to the Library and suggested we donate that same amount; the rest agreed on amount. Mr. Bucci asked for a motion to donate $500.00 to the Beaverdale Library. Mr. Gdula made the motion, second by Mr. Schrader. With all in favor, motion passed.
OLD BUSINESS:.
Mr. Bucci asked if the Board had any old business they would like to discuss.  None was forthcoming.
NEW BUSINESS:
                Payment of the Bills:  Mr. Bucci stated all Board Members have a copy of the bills presented for payment totaling $42,686.89 and asked them to take a few minutes to review the bills before calling for a motion to approve payment of the bills. Mr. Gdula made the motion to pay all bills.  Mr.Senft seconded this motion.  With all in favor, motion passed.
The bills are as follows:GENERALFUND: AdvancedOffice….274.29,CambriaCtyBuildingCodes…284.61,CambriaCtyLawLib….7.00,Chemung…61.75,Comcast….537.92,DavidHeisers….82.00,EadsGrp…..5354.10,E.Pentrack….30.00,FWF…….138.00,GarrettLimestone…3280.77,GoldenEquipment….5400.00,Greens…..56.60,GroffTractor…..1542.66,Highland…..78.66,Highmark……259.70,J.C.Ehrlich….228.00,J.Nibert….30.00,TribuneDemocrat….196.50,KeystoneCoop…..959.15,LongBarn……879.30,LutherPMiller….5780.37,MemorialHighway…111.63,P.Replogle…..133.87,Penelec….765.06,PitneyBowesPurchasePower….100.00,PortagePowerWash…..153.76,R.Cortese….30.00,RelianceStandard….792.92,R.Webb…..30.00,R.Young….30.00,S.Grow….150.00,UPMC….44.00,USPS…62.00,Verizon….269.75,VISA….1793.24,WBMason….103.20,WindberAgway….155.98,WindberStone….3686.04. The State Liquid Fuels Fund: None.  The StreetLightAccountFund: Penelec….4346.26,REA…114.00,ATGenFund….1104.41. The Fire Hydrant and Protection Fund: Highland…1309.53,ATGenFund…325.46,ATGenFund….899.41. The American Rescue Plan Account Fund: Wessel and Co……215.00.
 
Mr. Bucci asked for a motion to approve weight limit ordinance for Blue, Palestine and Gramlingtown Roads. Mr. Schrader made the motion, second by Mr. Senft. With all in favor, motion passed.
Mr. Bucci asked for a motion to approve Celmer/Lorenzo subdivision plan as approved by Planning Commission. Discussion on plan; Mr.Barbin stated on the plan the surveyor is showing an alley running through it; on plan of lots from 1910;also, is utility right of way that goes through alley; we can’t approve/sign off until this resolved . Mr. Celmer asked what he can do. Mr.Barbin says since it shows this either he must have other people that own/adjoin alley to sign off or he has his lawyer do a quiet title action. Mr. Celmer presented a tax map that does not show the alley and said he pays taxes on that part of alley. Short discussion ; Mr. Celmer asked about the quiet title action and said he would consult his attorney. Mr. Bucci said we will table any approval of the plan until this matter is resolved or gets clarification.
Mr. Bucci asked for a motion to appoint Justin Chesnutwood as Recording Secretary for Planning Commission and approve $40.00 paid per meeting as based on previous recording secretary. Mr. Gdula made the motion, second by Mr. Senft. With all in favor, motion passed.
Mr.Barbin brought up item that needed added to agenda. Mr. Bucci asked for a motion to amend agenda  to approve PennDOT M950AA highway occupancy permit for 1889 trail project. Mr. Gdula made the motion, second by Mr. Schrader. With all in favor, motion passed. Mr. Bucci then asked for a motion to approve PennDOT M950AA highway occupancy permit for 1889 trail project on condition that Rec Authority provides township an indemnification. Mr. Senft made the motion, second by Mr. Schrader. With all in favor, motion passed.
Mr. Scott Morris here with Diane Hanlon who is in process of purchasing 10.1-acre parcel back off Beaver Run Ave ; it is zoned Light Industrial ; she wants to build there so needs rezoned to Residential. She had gone to Planning Commission and they said about getting a curative amendment. Discussion and motion to for Attorney Barbin to redraw zoning map and  board to amend zoning ordinance as per Diane Hanlon’s rezoning request for 10 acre parcel she is purchasing. Mr.Barbin asked it is near Chevy Lane and who currently are the owners. Mr. Morris said yes it is near there and the current owner is ECS Partnership ; it is just the one 10.1-acre parcel and is on north side by creek. Mr.Barbin said the options are to either file a curative amendment which is like a variance hearing and go before either the Zoning Hearing Board or the Supervisors ;  you have to prove that you can’t use property any other way and are technically challenging the zoning ordinance. He said an easier way would be if the supervisors all agree to change/amend the zoning map/ordinance; would be quicker would take like 45-60 days and would be more cost effective also. Discussion continued; area is residential there are other houses. Mr. Morris stated it has been on the market for awhile The Board and Mr.Barbin discussed changing the whole area to from Light Industrial to Residential. Mr. Senft suggested that we just change the 10 acre parcel she is acquiring. Mr. Bucci asked for a motion to amend the agenda to add her request. Mr. Schrader made the motion, second by Mr. Senft. With all in favor, motion passed. Mr. Bucci then asked for a motion to approve Mr.Barbin to redraw zoning map/ordinance from Light Industrial to Residential for 10-acre parcel currently owned by ECS Partnership by request of Diane Hanlon,purchaser. Mr. Gdula made the motion, second by Mr. Senft. With all in favor, motion passed.
Mrs. Connie Wyandt who was at the last meeting here about a few items again. First she had asked about speed limit signs in that area. She said you referred me to state and showed letter from 2017 that stated that speed limit signs  35 mph or lower are townships responsibility . Discussion; Mr. Gdula said there are 25 mph speed limit signs at both ends of road ; he said law is that they must be ½ mile apart which they are. She asked if Board could recommend then to police to come watch that area as men coming from the mine speed through there. Mr. Bucci mentioned this to Chief Moss after the last meeting; it is in his hands. She inquired as to the complaints about the chickens ,etc. from last meeting. Mr. Bucci said that those complaints had been turned into/forwarded onto codes. She said it has gotten worse.; asked for codes contact info and it was supplied.
Mr. And Mrs. McNeal here about road conditions in Clairwood development. Mrs. McNeal said that the entrance is to down to one lane ; is deteriorating and stormwater lays there. She said all the other developments seem to have better road conditions ; they both stated these road conditions are an eyesore and affects resale values for homes.; and they are aware of drainage issues and that there was no drainage when they first moved there. Mr. Senft said that we are trying to get a grant to do the drainage. Mr. Gdula said that you must have good drainage to have a good road. Mr. Gdula and Mr. Bucci both said wouldn’t want to pave then have to cut it all up again to put in drainage. Mrs. McNeal asked if there could be temporary fix at least for the entrance. Mr. and Mrs. McNeal asked when the we would know about the grant; Mr. Bucci said we would not know until the fall whether we get the grant for it. The McNeal’s said even if the grant comes through could be another year then. Discussion continued. Mr. Senft said there was plans to do entrance last year but ran out of time. He said has plans to do the entrance, but rest of development will have to wait. Mr.Barbin asked if those were immediate plans for entrance. He said yes immediate for the entrance and rest of roads in development will have to wait to be paved. Mrs. McNeal said any improvements would be good.
Scott Good here about preliminary proposed residential development plan.; he was at Planning Commission meeting earlier this month and they recommended that he show the Board his plans and presentation. He said on 40-acre piece of land he owns is zoned R-3 ,showed proposed plan showing drawings (would be rental units/homes ; could accommodate between 20-34 units ; he said his would be around 20 units. Discussion on questions brought up by Board included stormwater, having only one egress , utilities, entrance. Mr. Good said that one of questions the Planning Commission brought up was a trust indenture. Mr.Barbin said what that is a trust that you would set up that would provide maintenance for common area for residents. Mr.Barbin said that he doesn’t see anything  so far that is not allowed under the zoning ordinance although he would have to look at it as it pertains to Mr. Good’s plan ;will there but some buts and ands sure but nothing stands out ; he said Mr. Good’s next step would be to draw a sketch plan and present it to the Planning Commission. Mr. Bucci said this is a good idea and he thanked Mr. Good for coming to present his preliminary plan.
 
Mr. Bucci asked if the Board had any other new business they would like to discuss.  Nothing more was forthcoming.
PUBLIC GENERAL COMMENT PERIOD:
ADJOURNMENT:
Mr. Bucci stated with no other township business to conduct he would entertain a motion to adjourn.  Mr. Schrader made the motion, second by Mr. Senft.  With all in favor, motion passed, and the meeting adjourned at 5:56 PM..
Respectfully Submitted: Jennifer Zakraysek, Secretary-Treasurer

May 2,2022 Regular Meeting- approved

5/3/2022

 
CALL TO ORDER:
 Chairman Dennis Richards called the regular meeting to order at 5:00pm in the conference room of the Adams Township Municipal Building.
PLEDGE OF ALLEGIANCE:
 The Pledge of Allegiance was said by all present.
ATTENDANCE: 
 Those in attendance were Supervisors Dennis Richards, Dennis Gdula, Brian Schrader, Dan Senft and Mark Bucci, William Barbin, Solicitor, Jennifer Zakraysek, Secretary-Treasurer, and seven (7) visitors.
PUBLIC COMMENT PERIOD FOR AGENDA ITEMS AND PRIOR MEETING MINUTES:
Mr. Richards stated now the Public has the right and the opportunity to comment on any item from the previous meeting minutes.  None were forthcoming.
MINUTES: 
Mr. Richards stated everyone had copies of the April 11,2022 regular meeting.  He asked all Board members to read the minutes.  Mr. Richards asked for a motion to approve the minutes presented.  Mr. Senft made the motion, second by Mr. Schrader.  With all in favor, motion passed.
TREASURER’S REPORT:
After discussion, Mr. Richards stated the Treasurers Report was accepted as read. The General Account Fund showed revenues received totaling $178,539.31, expenditures of $ 198,164.93(check # 32294 to #32342) and a balance of $862,007.25.  The Street Light Account Fund showed revenues received of $20,320.30 and expenditures of $19,659.30(check #1603 to #1607) and a balance of $25,727.18.  The Fire Protection and Fire Hydrant Fund showed revenues received for the hydrants of 5,968.20 and protection of $15,266.67 and expenditures of $2,034.38(check #1321 to #1323) and a balance of $58,772.50.  The State Liquid Fuels Account Fund showed revenues of $63.25 in interest, and expenditures of $5,318.77(check#817) leaving a balance of $353,451.63. The American Rescue Plan Account showed revenues of 11.67in interest, and expenditures of $53,198.00(check #008 to 010) leaving a balance of $182,841.25.
CORRESPONDENCE: Letter from County Commissioners about future county liquid fuel allocations. Letter says that county liquid fuel money we receive this year we need to spend this year and future county allocations may be reduced in amount. Mr. Richards asked if we are still receiving money for this year. Mr. Barbin said yes, they are just saying you can’t encumber it by putting in account and saving you have to spend it this year and that future allocations may be reduced due to reduced amount they receive from state.
Information/Discussion about collecting delinquent per capita taxes supplied from Adams Twp tax collector which she got from PA Municipal Service and then if needed any possible motions. Ms. Zakraysek said the Board was supposed to meet with Jennifer Blanchetti Adams Township Tax Collector concerning collecting delinquent per capita/occ taxes….she got more information …she has supplied in the packet information concerning amounts not collected from 2018-2020 and agreements to consider for PAMS to collect these delinquents.
OLD BUSINESS: Discussion about moving renter’s start date for space next door to  August 1st and motion to approve any possible edits to rental agreement. Before meeting, Ms. Colby had dropped off a letter stating what she wants to do and that she still needs to hear back from bank and Department of Agriculture so that is why start date needs pushed back to August 1st. Also, there were also some items that would require the lease agreement to be revised. Mr. Richards asked for a motion to table until Attorney Barbin can revise lease agreement to include these items and move date to August 1st. Mr. Bucci made the motion, second by Mr.Senft. With all in favor, motion passed.
Mr. Richards asked if the Board had any other old business they would like to discuss.  None was forthcoming.
NEW BUSINESS:
                Payment of the Bills:  Mr. Richards stated all Board Members have a copy of the bills presented for payment totaling $107,877.03 and asked them to take a few minutes to review the bills before calling for a motion to approve payment of the bills. Mr. Gdula made the motion to pay all bills.  Mr.Senft seconded this motion.  With all in favor, motion passed.
The bills are as follows:GENERALFUND: Amtrust….5757.00,BaumgardnerEnterprises……105.00,CambriaCtyLawLib….7.00,CambriaSprings….139.96,Comcast….354.06,CrystalPure….35.80,CumberlandTruck….29.87,D.Bailey….30.00,EadsGrp…..1487.39,EmploymentPartners….17863.08,FHMA….126.00,FWF…….28375.00GarysCustomPainting….2560.50,Greens…..56.60,H.Bodolosky….30.00,TribuneDemocrat….446.10,J.Baker….30.00,LongBarn……37.15,M.Bucci…..200.20,MemorialHighway…50.32,NAPAAuto….392.13,Palyocsik…..23.97,P.Mulcahy…..30.00,PADUIAssoc….150.00,PitneyBowesGlobal…..202.89,RelianceStandard….792.92,Samco,….1122.20,SamsClub….127.84,S.Grow….150.00,S.Paluch…..30.00,UPMC….44.00,US Cleaning….583.00,Verizon….269.53,WhitmoyerChevy…41,700.00. The State Liquid Fuels Fund: American Rock Salt…..5318.77.  The StreetLightAccountFund: Penelec….4537.52. The Fire Hydrant and Protection Fund: None. The American Rescue Plan Account Fund: None.
 
Mr. Richards asked for a motion to approve weight limit ordinance for Cider Press Road. Mr.Senft made the motion, second by Mr. Schrader. With all in favor, motion passed.
Opening and awarding of bids for paving project.  Short discussion occurred. Quaker Sales was lowest bidder for the paving project at $187,056.00. Mr. Richards asked for a motion to award  bid contract to Quaker Sales. Mr.Gdula made the motion, second by Mr.Senft. With all  in favor, motion passed.
Mr. Richards asked for a motion to approve advertising weight limit ordinance for Palestine,Gramlingtown and Blue Roads.Mr.Schrader made the motion, second by Mr.Senft. With all in favor, motion passed.
Discussion on property maintenance complaint report ; what to do for each and possible motions if needed. The Board discussed the complaints and said since the letters codes are sending are not doing anything to file charges. Mr. Barbin said police have identifiers shouldn’t be that hard. Mr. Bucci said he has been talking to codes and police about the this. Mr. Richards said for secretary to write letter on behalf of Board to Janice at codes and copied to Chief Moss stating that the Board would like to file charges according to her list and that the she and police need to meet to get identifiers and get on same page regarding these complaints.
Mr. Richards asked if the Board had any other new business they would like to discuss.  Nothing more was forthcoming.
PUBLIC GENERAL COMMENT PERIOD: Ms. Connie Weyandt and Ms. Loretta Dusack who lives on Centennial Drive here about numerous issues. First Ms.Wyandt asked if you need a permit to demolish a building; the Board said yes; she explained that her neighbor said he is tearing down existing garage and put new garage on existing foundation. Mr. Barbin said if they tear down and put back up have to follow setbacks/zoning ordinance and as long as foundation stays he said we have allowed in the past and said setbacks have some relief in these areas in old mining towns where houses are close together. She mentioned liability when he would take it down if it would damage anything on her property….Mr. Barbin said they touch your garage,etc it would be considered trespassing….and then you could file with District Magistrate. Mr.Senft recommended taking pictures of garage before he does his demolishing. She commented that she already has. Both Ms.Wyandt and Ms. Dusack both commented on the animals/ livestock being in their area..what is allowed. She said someone in past had to get rid of what they had, and new people have moved in and have some. Mr. Richards said this is where you would need to file complaint with codes. Mr. Barbin read from the township zoning ordinance that the animals they are referring to are allowed in District A (Agricultural) but outside of District A you need at least 5 acres to maintain animals, no horses/cows outside District A and have to put up fence and feed/water the animals, clean up manure/manure storage ,chicken coops or other building to house animals located at least 50 feet from neighboring property, and would need special permit to do outside of District A. Next, Ms.Wyandt asked about burn permits. She said one neighbor she thinks does not have permit and/or is not burning according to what it states on permit; and mentioned he is burning building materials from his business. Mr. Barbin stated that you are not supposed to burn building/construction materials that it is against PA laws and DEP laws. Mr. Richards said to call police in that situation. She also brought up a car that that has been sitting along street and is close to fire hydrant; has been there since last fall. She asked how feet may away car needs to be from hydrant, and someone answered 15 feet . She said police had been there for another issue ; would think they would ask for car to be moved. Mr. Richards said we can get police to check that address on Centennial ;she said they know address. She mentioned another address where some young men are residing where garbage/trash is piling up.Mr. Richards replied that we can turn that address into codes to check out. She inquired also about 1274 Centennial where garage collapsed. Mr. Bucci said that codes sent background information for citation to police to fill out identifiers so charges can be filed. Then, she brought up ditches behind her residence and other residences that previously she has tried to upkeep and try to keep clean. She said they all need opened. Someone asked whose property they are. She said Berwind’s. Mr.Gdula said we have cleaned these ditches in the past so water would run freely. Mr. Richards said Mr.Senft Roadmaster can clean ditches ; Mr.Senft was not sure which one and /or where is clogged. Mr. Richards informed him on area where ditches are located. Lastly, Ms.Wyandt and Ms. Dusack said there are trucks hauling gravel(coal trucks?) that are going too fast in their area ;concerned since there are kids in the area. Mr. Richards said they are coming out of quarry back there and are bonded. She asked about posting speed limit signs and having police watch speed and the Board said would be the state since that is a state road for sign, and we can let police know about speeding. Both ladies mentioned cats…..one neighbor lady has lots of cats . Mr. Richards said cats are not required to have license like dogs. Attorney Barbin said animal control won’t do anything. He said in another township in the past they considered a cat nuisance ordinance but didn’t end up doing because the questions were how many cats do you allow 3 or 5 ? and people could say well that isn’t mine that’s a stray,etc. that the rules would be frowned upon; he said it is something that is hard to get a handle on.
Mr. Bob Cooper here for second time about water runoff/flooding; said it’s not all coming from his roof. He said he is considering putting in leech bed to help problem ; wants some guidance wants to know how close to come to road with right of way; how far from road is right of way. Mr.Gdula said the right of way in there a lot of the roads are 50 feet but there are some that are 60 feet right of way such as Adams; that he would need to measure from roadway towards his property. He mentioned he still has property stake that is  10 feet from road by electrical box ; mentioned previous  conversation about animals and said his neighbor’s dog barks a lot; called police and was told to listen how long it barks for. Mr. Barbin said if he would do a leech bed ; is part clay ; water will run out over and if it would come out onto road and get icy/freeze then the township would tell you do something different. Mr. Cooper questioned/asked what else or where else he could do something for water runoff; reiterated he gets lots of water; has 2 sump pumps running and still doesn’t help; still gets water. He mentioned an open ditch along Oakridge ; questioned  if that is allowed. Mr. Barbin said yes it is if you close it you need a DEP permit where you don’t if you have an open one. Also, he mentioned about water comes across road from Adams ; and goes down his driveway (driveway is concave) . Mr.Gdula said from road to his garage is downhill and mentioned that are natural springs back in Beauty line area also and that he not only one that gets water; has been at least 4 homes that had to get water pumped from basements over years; . Mr. Cooper also mentioned he has lived there for 39 years has had water issues since day 1; mentioned when sewer line went in ;what contractor did; Mr. Barbin said that could be it; water went into sewer lines before ; said there could have been cracks in line before. Mr.Gdula said his sewer must flow downhill; guys questioned where sewer lines were installed? Mr. Cooper said he has old video  of when it was put in. Mr.Gdula said  where does his French drain line go to? He said French drain could be his problem ; it may have no outlet ;is running along foundation and into yard.  Mr. Schrader asked about French drain ;where is it located ; does it work? Mr. Cooper said it is by foundation and yes it is working. Next ,he mentioned a culvert is needed.  Mr.Gdula said yes that could be done that but where do you take the runoff water to ? Have an inlet but need an outlet for drainage. He mentioned the leech bed again; Mr.Gdula said the water will fill up in there; still need an outlet for water. Mr.Gdula and Mr. Richards said Mr.Senft as Roadmaster can come look at road and see what can be done ( a swell) so that water does not come across his driveway from road but the other water is his to fix (whether it is coming from underground) or somewhere else. Mr.Senft said he did go over there one day if it is house he is thinking to look what he could do. Mr. Richards and Mr.Gdula both said again that the water coming across Adams Drive Mr.Senft could use grader/create a swell so that water would not run towards his property and other water is his to figure out what to do/where is coming from.
ADJOURNMENT:
Mr. Richards stated with no other township business to conduct he would entertain a motion to adjourn.  Mr. Senft made the motion, second by Mr. Gdula.  With all in favor, motion passed, and the meeting adjourned at 6:02 PM..
Respectfully Submitted:
Jennifer Zakraysek, Secretary-Treasurer

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