MAHONING TOWNSHIP BOARD OF SUPERVISOR’S MEETING Monday May 9, 2011

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

PLEDGE OF ALLEGIANCE: John Wieczorek led the Pledge of Allegiance.

ROLL CALL: PRESENT: John Wieczorek, Chairman; Franklin Ruch, Vice-Chairman; Travis Steigerwalt, Supervisor; George Stawnyczyj, Supervisor; Linda Benner, Supervisor; Thomas Nanovic, Solicitor and Natalie D. Haggerty, Secretary-Treasurer

QUESTIONS ON OR ADDITIONS TO THE AGENDA: None

PUBLIC COMMENT: Elaine Hughes 540 Hemlock Drive Lehighton, PA  Present for an update on the dangerous dogs owned by the Frey’s. John Wieczorek advised that the pit bull was turned over to K-9 and the pregnant lab pups will be turned over for adoption in September. John Wieczorek will contact Officer Mertz with questions of why turning the pups over on Labor Day for adoption and what is going to happen to the adult lab.

Deb Binder, Deputy EMC  Provided copies of the township’s EOP. Requested the supervisors to review and adopt the promulgation. At our next meeting.

Connie Christman. 591 Mahoning Drive East Lehighton, PA  Present with regards to the dangerous dogs. Requested copy of dog laws provided to the township by Tom Nanovic and asking the board to adopt an ordinance to protect the township for future incidents.

Brandon Everett, 476 Mahoning Drive East, Lehighton, PA  What happens to the dogs if captured. The dog was running loose and seen after May 5, 2011. The date conflicts with provided police report. John Wieczorek will check with Audie Mertz.

Scott & Logan Berger, 372 Mahoning Heights Road, Lehighton, PA  Present to observe a township meeting.

APPROVAL OF MINUTES: MOTION Linda Benner made a motion to approve the minutes of the April 13, 2011 Workshop and April 26, 2011 Board of Supervisors Meeting. Seconded by Travis Steigerwalt. John Wieczorek, yes; Travis Steigerwalt, yes; George Stawnyczyj, abstain; Franklin Ruch, yes and Linda Benner, yes 4-0vote. Motion carried.

APPROVAL OF TREASURER’S REPORT: April 2011 MOTION John Wieczorek made a motion to approve the Treasurer’s Report for April 2011. Seconded by Linda Benner. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes; and Linda Benner, yes. 1 may9,2011m MAHONING TOWNSHIP BOARD OF SUPERVISOR’S MEETING Monday May 9, 2011

5-0 vote. Motion carried

APPROVAL OF TRANSFERS: MOTION Travis Steigerwalt made a motion to approve the following transfers: $595.20 from Residential Fire Hydrant Money Market to General Checking $537.97 Residential Street Light Money Market to General Checking Seconded by George Stawnyczyj. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes George Stawnyczyj, yes and Linda Benner, 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 #350 in the amount of $77,202.18 General Checks #18030-#18076 Payroll Check #8940-#9014 State Checks #1284-#1285 Road Machinery Checks #251-#252 Fire Company Check #30 Seconded by Travis Steigerwalt. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, 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 2011 Mahoning Township Zoning Officers’ Report for April 2011 Mahoning Township Road Crew Daily Work Log for April 11, 2011- May 6, 2011 Mahoning Township Zoning Hearing Board Minutes for May 3, 2011 Carbon County Tax Collection Committee Minutes for February 23, 2011 Lehigh Canal Recreation Commission Minutes for September 2010 District Court #56-3-01 and #56-3-03 for year ended December 31, 2010 Seconded by Travis Steigerwalt. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, yes. 5-0 vote. Motion carried.

Opening of Bids for Road Materials and Gasoline, 89 Octane, Diesel and Heating Fuel LEHIGH ASPHALT HANSON AGGREGATES ITEM QTY UNI DESCRIPTION F.O.B. DEL. F.O.B. DEL NO. T #1 500 TON 9.5 mm Wearing $57.90 $57.55 Course $28,950.00 $28,775.00 #1-A 1800 TON 9.5 mm Wearing $63.35 $57.55 PLUS Course $114,030.00 $80.00/HR portal to portal #2 500 TON 25 mm Base Course $49.65 $49.10 $24,825.00 $24,550.00 #2-A 500 TON 25 mm Base Course $55.35 $49.10 PLUS $27,675.00 $80.00/HR portal to portal #3 500 TON #8 W/2% Loss by wash $15.75 $18.00 $7,875.00 $9,000.00 2 may9,2011m MAHONING TOWNSHIP BOARD OF SUPERVISOR’S MEETING Monday May 9, 2011

#4 500 TON TYPE 2 ANTI SKID $13.25 $18.00 $19,875.00 $27,000.00 #5 500 TON 2-A $8.25 $7.25 $4,125.00 $3,625.00 #5-A 500 TON 2-A $12.00 $14.25 $6,000.00 $7,125.00 #6 500 TON #3 $9.75 $9.00 $4,875.00 $4,500.00 #6-A 500 TON #3 $13.50 $16.00 $6,750.00 $8,000.00 #7 500 TON #1 STONE $9.75 $9.00 $4,875.00 $4,500.00 #7-A 500 TON #1 STONE $13.50 $17.00 $6,750.00 $8,500.00 #8 500 TON #3A MODIFIED $7.25 $3,625.00 #8-A 500 TON #3A MODIFIED $14.25 $7,125.00 #9 500 TON #57 $13.75 $17.25 $6,875.00 $8,625.00 Note:

Bid received from Superior Plus Energy Services for gasoline, heating fuel and diesel. Bid rejected for no bid bond. MOTION Franklin Ruch made a motion to advertise for bids for gasoline, diesel and heating fuel. Bids to be received by May 23, 2011 at 4:00 PM. Seconded by George Stawnyczyj. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, yes. 5-0 vote. Motion carried. MOTION Franklin Ruch made a motion to table the road material bids for awarding to May 23, 2011. Seconded by John Wieczorek. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, yes. 5-0 vote. Motion carried.

OLD BUSINESS Police and Road Department Vehicles John Wieczorek suggested a committee to meet between now and our next meeting and provide a recommendation of a road and police vehicle. Franklin Ruch, Linda Benner and Natalie Haggerty will meet.

Building Height Ordinance Discussion MOTION George Stawnyczyj made a motion to forward ordinance prepared by Solicitor Nanovic regarding building height to the Carbon County and Mahoning Township Planning Commissions for comments. Seconded by Linda Benner. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, yes. 5-0 vote. Motion carried.

Nosal Subdivision Solicitor Nanovic reiterated it is the Municipal Authorities intent to include note on all plans. Packerton Yards apparently there is an agreement between the authority and the county. Solicitor Nanovic will get a copy of such agreement and invite Attorney Nanovic and Ron Tirpak to attend our next supervisor meeting. Natalie Haggerty will contact Tim Edinger, Engineer to attend. 3 may9,2011m MAHONING TOWNSHIP BOARD OF SUPERVISOR’S MEETING Monday May 9, 2011

MOTION John Wieczorek made a motion to table. Seconded by George Stawnyczyj. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, yes. 5-0 vote. Motion carried.

Hemlock Drive Subdivision John Wieczorek announced this agenda item will be discussed in an executive session at the conclusion of the meeting.

Elliot Miller Resignation MOTION Travis Steigerwalt made a motion to accept Elliot Miller’s resignation as part time police officer effective May 3, 2011. Seconded by John Wieczorek. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, yes. 5-0 vote. Motion carried.

CORRESPONDENCE: Franklin Ruch made a motion to approve and place on file correspondence dated May 9, 2011. Seconded by John Wieczorek. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, yes. 5-0 vote. Motion carried. ***T & M ASSOCIATES, TIMOTHY EDINGER RE: REVIEW LETTER REGARDING THE HEMLOCK DRIVE SUBDIVISION SECURITY RELEASE REQUEST ANALYSIS #1

***PA DEPT OF ENVIRONMENTAL PROTECTION, ROB STERMER RE: SEWAGE-FELTON/MERMON SUBDIVISION

***PA DEPT OF ENVIRONMENTAL PROTECTION, ERIC SUPEY RE: FINAL APPROVAL FOR SOILS AND GROUNDWATER GILBERT/MCGUCKIN RESIDENCE 1542 STRAUSS VALLEY DRIVE

***WILLIAM G. SCHWAB LAW OFFICES, WILLIAM SCHWAB RE:CCTCC CONTRACT

***PA DEPT OF TRANSPORTATION RE: MAY 2011 TAKE 5 PUBLICATION

***NANOVIC LAW OFFICES, THOMAS S. NANOVIC RE: SUNNY HILL FARMS, LLC/EXTENSION AGREEMENT

***MAHONING TWSP POLICE DEPT, AUDIE MERTZ RE: FOLLOW UP REGARDING THE ANIMAL COMPLAINTS 1319 ORIOLES DRIVE

***CARBON ENGINEERING INC, RONALD TIRPAK RE: COPY OF A LETTER SENT TO SKIP SCHNEIDER WALMART LAND DEVELOPMENT PLAN- SEWER ISSUES

***COMMUNITY EMERGENCY RESPONSE TEAM, TOM NEWMAN RE: CERT CLASSES 4 may9,2011m MAHONING TOWNSHIP BOARD OF SUPERVISOR’S MEETING Monday May 9, 2011

***KIDDER TWSP, JOHN FINNERTY RE: 2011 PA STATE FIREFIGHTERS PARADE AND CONVENTION (NEEDS ACTION) MOTION George Stawnyczyj made a motion to authorize the fire police to assist at the PA State Firefighters Parade and Convention and allow the fire department to participate if so wish. Seconded by Travis Steigerwalt. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, yes. 5-0 vote. Motion carried. ***NANOVIC LAW OFFICES, THOMAS NANOVIC RE: ZONING AMENDMENTS REGARDING BUILDING HEIGHTS

***CARBON COUNTY TAX COLLECTION COMMITTEE, DONNA MCGARRY RE: CCTCC DELEGATES UPDATE REQUEST

***NANOVIC LAW OFFICES, THOMAS NANOVIC RE: CARBON COUNTY TAX ORDINANCE

***NAUMAN SMITH ATTORNEYS AT LAW, BENJAMIN C. DUNLAP, JR RE: APPLICATION OF CARBON COUNTY FOR APPROVAL OF A PRIVATE CROSSING AT NORFOLK SOUTHERN RAILWAY AND READING BLUE MOUNTAIN AND NORTHERN RAILROAD TRACKS AT MILEPOST LH-120-.29 INSTALLATION OF FLASHING LIGHT WARNING SIGNALS AND AUTOMATIC CROSSING GATES.

***NANOVIC LAW OFFICES, THOMAS S. NANOVIC RE: MAHONING TWSP VS PKR ENTERPRISES, LLC LETTER OF CREDIT MOTION John Wieczorek made a motion to accept language change regarding PKR letter of credit. Seconded by Travis Steigerwalt. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, yes. 5-0 vote. Motion carried.

OFFICIALS: George Stawnyczyj  Lehigh Canal Recreation Commission requested of me to approach the board for permission of use of our grader and crew to do work at the canal. George Stawnyczyj will contact Ron Reeser and East Penn Township to make arrangements. Linda Benner  Meeting dates for committee to discuss vehicle purchases. Franklin Ruch  Playground equipment is installed, some ground work needed to be done. Travis Steigerwalt  I will be having some personal work; so I will be in contact with Scott Bieber and Carl Faust. Do you wish for me to talk to them about future construction of township building.  Questioned Walmart and Ashtown Drive project. John Wieczorek  Carbon County Tax Committee meeting held, there was no official meeting due to lack of quorum. Next meeting June 15, 2011

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 At the conclusion of the meeting there will be an executive session for legal and personnel

ADJOURNMENT: MOTION Franklin Ruch made a motion to adjourn the meeting at 8:00 PM. Seconded by Linda Benner. John Wieczorek, yes; Travis Steigerwalt, yes; Franklin Ruch, yes; George Stawnyczyj, yes and Linda Benner, yes. 5-0 vote. Motion carried.

Respectfully Submitted,

Natalie D. Haggerty Secretary-Treasurer

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