HEMPFIELD TOWNSHIP BOARD OF SUPERVISORS MONTHLY MEETING JULY 23, 2012

Transcription

1 HEMPFIELD TOWNSHIP BOARD OF SUPERVISORS MONTHLY MEETING JULY 23, CALL TO ORDER AND PLEDGE TO THE FLAG The monthly meeting of the Hempfield Township Board of Supervisors held at the Hempfield Township Municipal Building was called to order at 7:15 PM by Chairman Doug Weimer. Members Present: Mr. R. Douglas Weimer Mr. John Silvis Mr. Jerry Fagert Mr. Tom Logan Staff Present: Mr. Mike Volpe Mr. Dan Schmitt Mr. Bruce Beitel Mr. Les Mlakar Mrs. LuAnn Panigall Mr. Doug Weimer asked that the follow items be added to the agenda for tonight s meeting under Action to be Taken: N. Consideration to Approve Pay Estimate #1 for the Westmoreland Mall Access Bridge in the amount of $18, O. Consideration to Approve of Pay Estimate #1 for the Old Route 30 Federal Bridge Replacement in the amount of $32, P. Consideration to approve Change Order #1 for 2012 Hot Mix Paving Project which is a reduction of $129, Q. Consideration to Approve Pay Estimate #1 for 2012 Hot Mix Paving Project in the amount of $806, R. Consideration to Designate a date for 2013 Community Days S. Consideration to Award the Grapeville Area CDBG Paving Project 2. HEARINGS a. Consideration to Approve Resolution # ; Which Approves Liquor License Transfer from Anthony Muccino, Jr., D/B/A Mario s Pizza Biz, to Bandhu Brothers, Inc., D/B/A Winghart s Burgers & Whiskey Bar Mr. Weimer: We are beginning this evening with a hearing. There is a hearing on the agenda to approve a Resolution # , which approves liquor license transfer from Anthony Muccino, Jr., DBA Mario s Pizza Biz, to Bandhu Brothers, Inc., DBA Winghart s Burgers& Whiskey Bar. So being this is a hearing, I will turn this matter over to our Solicitor, Les Mlakar. Page 1 of 9

2 Mr. Mlakar: As required by the Pennsylvania Liquor Code, intermunicipal transfers of liquor licenses are allowed since year 2000; however, once there is an intermunicipal transfer, the Board of Supervisors are required to hold a public hearing with respect to the proposed transfer. The Board is to hear the testimony from the applicant and also from any person who wishes to comment upon the proposed transfer. The Board is only permitted to disapprove the transfer if there is evidence before the Board that it adversely affects the health, safety, and welfare of the citizens of Hempfield Township. The record should note, and I have the legal advertisement of the public hearing that was published in the Tribune Review on the 16 th day of July, We will make that part of the record. Anyone who is going to testify please stand a raise their right hand. Is the applicant here? Come up here sir. Would you raise your right hand, sir? Do you swear before Almighty God, searcher of hearts, the testimony you are about to give in this matter is true and correct and so you shall answer in the last great day. Mr. Margabandhu: I do. Mr. Mlakar: Would you state your full name and address, sir? Mr. Margabandhu: Prasad Margabandhu. Mr. Mlakar: For the secretary, could you spell your name please? Mr. Margabandhu: P-R-A-S-A-D. And the last name M-A-R-G-A-B-A-N-D-H-U. Mr. Mlakar: And what is your residence, sir? Mr. Margabandhu: 2972 Trafford Road. Murrysville, PA Mr. Mlakar: And it s my understanding, sir, that you do business as Bandhu Brothers, Inc.? Mr. Margabandhu: Yes. Mr. Mlakar: And are you the principal of Bandhu Brothers, Inc. Mr. Margabandhu: Yes. Mr. Mlakar: Is that the same location as your home address or is that a different address? Mr. Margabandhu: The home address is the corporate address, yes. Mr. Mlakar: And it s my understanding that you desire to transfer a liquor license from the - from Belle Vernon to Hempfield Township? Mr. Margabandhu: Yes. Page 2 of 9

3 Mr. Mlakar: And it s my understanding that liquor license is owned by Anthony Muccino M-U-C-C-I- N-O, Junior, DBA Mario s Pizza Biz and that it s located at 2007 Gibsonton Road, Belle Vernon, PA. Is that correct? Mr. Margabandhu: Yes. Mr. Mlakar: That liquor license is presently in safekeeping? Mr. Margabandhu: Yes, it is. Mr. Mlakar: Would you tell the Board where you would like to transfer the liquor license to? Mr. Margabandhu: Last year we signed a lease with CBL Westmoreland Mall for the space that used to be the Dollar Bank space, next to Buffalo Wild Wings, in Westmoreland Mall in the back annex. I think it s space #5 Westmoreland Mall. And they actually reached out to us. We own a concept call Winghart s. It s a burger and whiskey bar. We re actually rated the best hamburger in the region. We do everything fresh. We have no freezers. And the name Winghart s came from our chef, who is a Pittsburgh native, Zack Winghart. He had an idea and a dream of making the best hamburger, and so he did. So, CBL reached out to us and they wanted us to consider their location in Greensburg for putting this concept. And we signed a lease, and we have all the drawings submitted and permits in process. I think I m understanding CEA has approved all the drawings and they have few questions that we re going back and forth on. We re going to continue the same concept. We have two locations right now, one s in Market Square that was our first location, and the second location is outside of Carson Street. And Westmoreland Mall would be the third location for this concept. Mr. Mlakar: Approximately how many seats how many tables? Mr. Margabandhu: We re looking at about 140 seats, and I think the space is about 3,000 square feet. It s not a very big space but it s ideal I mean a lot of our lunch business is very fast. People come in thirty minutes, grab a burger, leave. And a lot of people will be take-out during lunch. We also we focus our clientele is a little more upscale. We only carry craft beers, we don t---you know we re not a dive bar. Everything we have is craft beer, we carry top whiskeys, and our burgers range from $8 to $14, and we give you a half pound burger and fresh no more than hours since ground. Mr. Mlakar: And what are your normal hours of operation? Mr. Margabandhu: We are open from 10 AM to 2 PM. We daily we may close earlier depending on if there is no customers, you know most bars close at twelve, one. Thursday, Friday, Saturdays, we end up staying to 2 o clock. Mr. Mlakar: And approximately how many employees will you have? Page 3 of 9

4 Mr. Margabandhu: Over here we project about kitchen and front end staff probably about twentyfive jobs. Mr. Mlakar: Does the Board have any questions? Does anyone in the audience have any comments? The testimony will be closed. Thank you, sir. Mr. Margabandhu: Thank you. Mr. Mlakar: The Board has before it Resolution number 93 of 2012, which approves the transfer of the liquor license from Anthony Muccino, Jr. in Belle Vernon to the location at Westmoreland Mall, having an address of 5256 State Route 30, Suite 5, Greensburg, PA Mr. Weimer: Is there a motion? Mr. Logan: I ll make that motion. Mr. Fagert: Second. Mr. Weimer: There s been a motion made and seconded. All in favor of approving Resolution ? Mr. Logan: Aye. Mr. Fagert: Aye. Mr. Silvis: Aye. Mr. Weimer: Aye. Motion carries CITIZENS COMMENTS (As Per Resolution # ) a. Ms. Bert Graham, 3717 State Route 136, addressed the Board concerning the transparency and accountability in local government regarding the problems she has encountered in trying to obtain information from the Hempfield Township Municipal Authority in regards to a sewer project in her area. b. Mr. Tom Methven, 1 Brokers Lane, commented problems that occurred on Brokers Lane during the paving project done by Tresco Paving. c. Mr. Al Ciarimboli, 121 Possum Hollow Road, requested tractor signs on Route 136 at Harry Long Road and Rocky Mountain, and also behind the Log Cabin Tire. Mr. Ciarimboli also requested the intersection of Senchur Road and Edna be widened. d. Mr. Dan Nescot, HEMA Director, informed the Board that there were two incidents during the month of July in which they opened up the EOC for storm management. 4. EXECUTIVE SESSIONS Page 4 of 9

5 a. Mr. Doug Weimer acknowledged that an executive session was held July 11, 2012 and on July 23, 2012 to discuss personnel issues. 5. APPROVAL OF MINUTES Mr.Weimer made a motion, seconded by Mr. Fagert, to approve the minutes of June 25, 2012, Supervisors Monthly Meeting minutes. 6. STAFF REPORTS -- (Written reports distributed prior to meeting) a. Township Manager Mr. Beitel had nothing further to add to his report. b. Assistant Public Works Director Mr. Volpe had nothing further to add from the workshop meeting. c. Township Engineer Mr. Schmitt state that he had nothing further to add. Mr. Logan inquired as to the retainage being held on the 2012 Hot Mix Paving Project Pay Estimate #1 and also if the punch list has been completed. Mr. Schmitt advised that the retainage is $24,932 and that he just completed the punch list today. Mr. Logan stated that he would like to hold more money back, and Mr. Schmitt replied that it was possible to do so. Mr. Schmitt further explained that if a project is ongoing, by law until it is 50% complete, 10% must be withheld. Once the project is between percent, 5% can be withheld, and once the project is considered substantially complete, a punch list items must be generated with the costs associated for each item. At that point, the Township can withhold up to 1 ½ times the cost of the punch list items. Mr. Schmitt indicated that there are some punch list items that are associated with the paving contractor in regards to milling and overlay of roads; however, there are some items that are associated with a drainage project done prior to the paving, which was done by the Township. Mr. Logan Mr. Logan inquired as to the status of the Old Route 30 Bridge project. Mr. Schmitt stated that the Water Company will be finished by the 28 th of July. Boxes are going to be delivered the first week of August so the contractor will begin digging for the placement of those boxes at the end of the current week. d. Solicitor Mr. Mlakar had nothing further to add. Mr. Weimer asked Mr. Mlakar to clarify the Board s responsibilities in relationship to HTMA. Mr. Mlakar replied that the Board makes appointments and that is all. 7. LIAISON REPORTS a. Mr. Fagert stated the Recreation office should be in their new offices by the end of week. b. Mr. Weimer entered into the record a letter from Leonilla Broker who lives on Kifer Hill Road thanking the Township and staff for its efforts on Kifer Hill. 8. TREASURER S REPORT Page 5 of 9

6 Mr. Logan informed the Board that Maher-Duessel has completed the 2011 Audit. 9. PAYMENT OF BILLS a. General Fund -- $355, b. PLGIT Account -- $5, c. Light District Account -- $ d. Fire Escrow Account -- $4, e. Bond Issue Fund -- $4, Mr. Logan made a motion, seconded by Mr. Silvis, to approve the payment of bills referenced above as presented. 10. SCHEDULING OF HEARINGS a. Public Hearing Date for Proposed Zoning Ordinance Mr. Logan made a motion, seconded by Mr. Fagert, to authorize the Solicitor to advertise the public hearing for the proposed zoning ordinance for Tuesday, September 11, 2012 at 6:30 PM. 11. DECISIONS FOR HEARINGS None. 12. PLANNED RESIDENTIAL DEVELOPMENTS (PRD) -- None. 13. SUBDIVISION PLANS a. Consideration to Approve Resolution # ; Which Grants Final Conditional Approval to the Eidemiller/Battistella Subdivision Plan (# ) Mr. Fagert made a motion, seconded by Mr. Logan, to approved Resolution # b. Consideration to Approve Resolution # ; Which Grants Final Conditional Approval to the John B. & Patricia Henry Subdivision #2 Plan (# ) Mr. Logan made a motion, seconded by Mr. Silvis, to approve Resolution # c. Consideration to Approve Resolution # ; Which Grants Final Conditional Approval to the Northpointe Consolidation Plan for Craig and Melissa Barras (# ) Mr. Logan made a motion, seconded by Mr. Fagert, to approve Resolution # Vote: 4-Yes. Motion carried. 14. SITE PLANS None. Page 6 of 9

7 15. ITEMS FOR ACTION TO BE TAKEN a. Consideration to Approve Ordinance # ; Which Amends Chapter 15 of the Township Code with Respect to the Duties of the Township Manager Mr. Fagert made a motion, seconded by Mr. Logan, to approve Ordinance # b. Consideration to Approve Resolution # ; Which Approves a Fraud Policy Mr. Logan made a motion, seconded by Mr. Fagert, to approve Resolution # Vote: 4-Yes. Motion carried. c. Consideration to Approve Resolution # ; Which Approves the Hempfield Township Emergency Operation Plan Mr. Fagert made a motion, seconded by Mr. Logan, to approve Resolution # d. Consideration to Approve Resolution # ; Which Amends Resolution # ; FLSA Exempt Mr. Fagert made a motion, seconded by Mr. Logan, to approve Resolution # e. Consideration to Approve Resolution # ; Which Amends Resolution # ; FLSA Non-Exempt Employee Policy Mr. Logan made a motion, seconded by Mr. Fagert, to approve Resolution # f. Consideration to Approve Resolution # ; Which is the Adam Eidemiller, Inc. Planning Module Mr. Fagert made a motion, seconded by Mr. Logan, to approve Resolution # g. Consideration to Approve Resolution # ; Which is the John Wagner Planning Module Mr. Fagert made a motion, seconded by Mr. Logan, to approve Resolution # h. Consideration to Approve Resolution # ; Which is the Designation of the National Incident Management System (NIMS) as the Basis for all Incident Management in Hempfield Township Mr. Fagert made a motion, seconded by Mr. Logan, to approve Resolution # i. Consideration to Approve Resolution # ; Which Appoints Members to the Agriculture Security Board Mr. Logan made a motion, seconded by Mr. Silvis, to approve Resolution # j. Consideration to Approve Resolution # ; Which Allocates Funds to Emergency Services from the 2012 Budget Mr. Fagert made a motion, seconded by Mr. Logan, to approve Resolution # k. Consideration to Approve Action on Smail Addressing Issue and Methvan Addressing Issue Mr. Fagert made a motion, seconded by Mr. Silvis, to approve action on the Smail and Methvan Addressing issue. Page 7 of 9

8 l. Consideration to Approve Seeking Bids for Purchase of Line Painting Machine Mr. Logan made a motion, seconded by Mr. Fagert, to table this item. m. Consideration to Approve the Following Emergency Service Applications Pending Successful Completion of a Physical Examination: 1) Jacob Garris Fort Allen VFD Sr. Firefighter 2) Evan Carolan Fort Allen VFD Sr. Firefighter 3) Gregory McDonald High Park VFD Sr. Firefighter 4) James Helms Bovard VFD Sr. Firefighter 5) Jimmy Thompson Grapeville VFD Jr. Firefighter 6) Kodie Walters Fort Allen VFD Sr. Firefighter 7) Christopher Sarracino Fort Allen VFD Sr. Firefighter Mr. Fagert, made a motion, seconded by Mr. Logan, to approve the above-referenced emergency service applications pending successful completion of a physical examination. Vote: 4-Yes. Motion carried. n. Consideration to Approve Pay Estimate #1 for the Westmoreland Mall Access Bridge in the amount of $18, Mr. Logan made a motion, seconded by Mr. Fagert, to approve Pay Estimate #1 for the Westmoreland Mall Access Bridge in the amount of $18, Vote: 4-Yes. Motion carried. o. Consideration to Approve Pay Estimate #1 for the Old Route 30 Bridge Replacement Project in the amount of $32, Mr. Logan made a motion, seconded by Mr. Fagert, to approve Pay Estimate #1 for the Old Route 30 Bridge Replacement Project in the amount of $32, Vote: 4- Yes. Motion carried. p. Consideration to Approve Change Order #1 for the 2012 Hot Mix Paving Project, which Results in a Reduction of Costs in the amount of $129, Mr. Logan made a motion, seconded by Mr. Fagert, to approve Change Order #1 for the 2012 Hot Mix Paving project in the amount of $129, q. Consideration to Approve Pay Estimate #1 for the 2012 Hot Mix Paving Project in the amount of $806, with a 3% Retainage Mr. Logan made a motion, seconded by Mr. Fagert, to approve Pay Estimate #1 for the 2012 Hot Mix Paving Project with a 5% retainage. Vote: 4-Yes. Motion carried. r. Consideration to Designate Date for 2013 Community Days Mr. Fagert, made a motion, seconded by Mr. Logan, to set the date for 2013 Community Days as September 7 th and 8 th, s. Consideration to Award the Grapeville Area CDBG Paving Project to Tresco Paving Corporation with a bid amount of $264, Mr. Logan made a motion, seconded by Mr. Fagert to award the Grapeville Area CDBG Paving Project to Tresco Paving Corporation with a bid of $264, Page 8 of 9

9 t. Consideration to Accept the Audit Prepared by Maher-Duessel for the Year 2011 Mr. Logan made a motion, seconded by Mr. Fagert, to accept the audit prepared by Maher Duessel for the year u. Consideration to Approve the 2012 Line Painting Contract Mr. Logan made a motion, seconded by Mr. Fagert to award the 2012 Line Painting contract to Parking Lot Paving Company in the amount of $20,675, subject to the posting of the necessary bonds and workmen s compensation insurance. 16. OLD BUSINESS None. 17. NEW BUSINESS None. 18. SUPERVISORS COMMENTS a. Mr. Logan informed the citizens who were present that the Hempfield Township Municipal Authority has an information packet available for the public who will be impacted by sewage projects. b. Mr. Weimer reminded everyone that Community Days is September 8 th and 9 th. c. Mr. Fagert welcomed Jason Winters as the new recreation director. 19. ADJOURNMENT Meeting adjourned at 8:35 PM Chairman Secretary Page 9 of 9