TOWNSIDP OF ROSTRAVER Minutes of the Monthly Meeting November 5, 2014

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74 TOWNSIDP OF ROSTRAVER Minutes of the Monthly Meeting November 5, 2014 Chairman Egros called the regular monthly meeting of the Rostraver Township Board of Commissioners to order on this date at 6:00p.m. in the Rostraver Township Municipal Building. Members present were: Gary N. Beck, Sr. Raymond Iacoboni Gary L. Litvany Patrick G. Egros Attorney Gaudio, Engineer Dei Cas, and Secretary Beard were also present. Pledge of allegiance was led by President, Patrick G. Egros with audience participating. Chairman Egros said before the adjourmnent of this meeting the Board of Commissioners will be going into Executive Session to discuss Personnel and Litigation matters. Raymond Iacoboni moved there being no other additions or corrections to the minutes of the Monthly Meeting of August 6, 2014; Special Meeting of August 27, 2014; and Work Sessions of July 30, 2014 and August 20, 2014 they stand approved as read. Gary L.Litvany seconded the motion. The following yea and nay votes were recorded: GaryN. Beck, Sr. Raymond Iacoboni Gary L. Litvany Patrick G. Egros COMMITTEE REPORTS: Chairman of Public Safety, Patrick G. Egros, reported for the month of October, 2014. Criminal Arrests 90, YTD 625; Non-Traffic Citations 14, YTD 189; Traffic Citations 62, YTD 1,418; Parking Tags 2, YTD 45; Written Warnings 15, YTD 285; Total Number of Incidents 999, YTD 9,678; Total Number of Miles Driven 14,153 YTD 147,465. Chairman Egros said there have been some criminal activities in the Township and the Police have done an excellent job tracking these people down. Cheryl Myers said she appreciates the Police Department. Chairman Egros said he has no fire department activity reports for the month. Chairman Egros said Webster will be turning in a slip for their fire fund allocation. Chairman Egros said the Police have been enforcing the speed on Rt. 51. Chairman Egros said November II, 2014 is Veteran's Day and would like to recognize all Veterans in the audience and commend them for their years of service. Chairman Egros said there is a rezoning request for the property next to the Municipal Building and there will be a public forum for the residents and no date has been set yet.

----------------------------------- -- ----- -- 75 Chairman of Parks and Recreation Brian L. Sokol, was not present. Commissioner Beck, Sr. reported for the month of October, 2014. Commissioner Beck, Sr. said fall baseball and girls softball are completed for the year. Commissioner Beck, Sr. said organizations have been informed about winterizing the Concession Stand, restrooms, and sprinkler system at the complex. Commissioner Beck, Sr. said the recreation budget has been prepared by the Recreation Board. Commissioner Beck, Sr. said the grass cutting will be going out to bid for 2015 and 2016. Commissioner Beck, Sr. said the next Recreation Commission meeting is Tuesday, November 11, 2014 at 6:00p.m. at the Municipal Building and all are invited. Commissioner Beck, Sr. said Recreation did receive a grant under Representative Ted Harhai in the amount of $201,000 to help make the Sports Complex handicap assessable. Commissioner Beck, Sr. thanked Representative Harhai, Planner Spedaliere, and Engineer Dei Cas for their hard work putting this grant together. Chairman of Roads, Streets and Equipment, Gary N. Beck, Sr., reported for the month of October, 2014. Commissioner Beck, Sr. said the Road Department has been hot patching throughout the Township. Commissioner Beck, Sr. said some of the roads they have been working on are Beazel, West McClain, Leeper Road, Rankin Road, several roads in Webster, and Laurel Drive. Commissioner Beck, Sr. said the Road Department has been mowing along the sides of the roads throughout the Township and will continue weather permitting. Commissioner Beck, Sr. said the Road Department repaired pipe and catch basins on several roads in the Township. Commissioner Beck, Sr. said stop signs and speed limit signs were replaced. Commissioner Beck, Sr. said a new school zone sign was installed on Crest Ave. Commissioner Beck, Sr. said the Road Department started collecting leaves in Lynnwood and the Finley Road area. Commissioner Beck, Sr. said we are continuing to stock pile salt and anti-skid material. Commissioner Beck, Sr. said we currently have 900 tons of salt on hand. Chairman of Health and Welfare, Gary L. Litvany, reported for the month of October, 2014. Commissioner Litvany gave a sewage report. Commissioner Litvany said there were three (3) landfill inspections done on September 26, 2014, October 10, 2014, and October 22, 2014. Commissioner Litvany said there have been no landfill complaints since September 3, 2014. Commissioner Litvany said he has the reports if anyone wants to see them. Commissioner Litvany said we are waiting for one more right-of-way for the Indian Hill water project. Chairman of Budget and Finance, Raymond Iacoboni, reported for the month of October, 2014. Assets: $2,482,163.71: Revenues & Other Financing Sources: $249,063.78: Expenditures: $389,555.28: Debt Principal & Interest Payable: $0. Police Pension Fund Assets: $5,164,627.70. Township Engineer, Carl Dei Cas, reported for the month of October, 2014. Seven (7) permits were issued for the month of October, 2014. Three (3) signs, three (3) demos, and one (1) grading. Total construction value for the month of October, 2014- $10,100. Total construction value for the year 2014- $3,809,386.00. Attorney Gaudio reported for the month of October, 2014. Attorney Gaudio said he performed routine business, and assisted staff. Attorney Gaudio said he participated in a hearing before the Zoning Hearing Board on violations at the Pricedale Bus Garage. Attorney Gaudio said there has been assistance to litigation matters before the various administrative agencies and the court. Chairman Egros said the Board of Commissioners will be going into Executive Session to discuss Personnel and Litigation matters before the adjournment of the Monthly Meeting.

---- ---- 76 CITIZENS WANTING TO DISCUSS AGENDA ITEMS ONLY: Gary N. Beck, Sr. moved to hear from citizens who wish to be heard at this time. Raymond Iacoboni seconded the motion. The Gary N. Beck, Sr. -yea Raymond Iacoboni- yea PETITIONS, RESOLUTIONS, ORDINANCES: RESOLUTION NO. 1017, introduced by Gary L. Litvany, is a Resolution Establishing Garbage Fees for Residential Customers for the Year 2015, was given a reading by Solicitor Gaudio. Resolution of the Township of Rostraver, County of Westmoreland, Pennsylvania, Establishing Garbage Fees for Residential Customers for the Year 2015. WHEREAS, the Township of Rostraver, County of Westmoreland, Pennsylvania, has awarded a Contract with BIG'S SANITATION INC., for the year 2015, to provide waste hauling services to residential customers, and WHEREAS, the Contract award is in the amount of Six Hundred Eleven Thousand Nine Hundred Twelve ($611,912.00) Dollars for the year 2015; WHEREAS, the Board of Commissioners, Township of Rostraver, is desirous of meeting the contractual obligation with BIG'S SANITATION, INC. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners, Township of Rostraver, and it is hereby Resolved that a garbage fee in the annual amount of One Hundred Thirty Dollars and 00/100 Cents ($130.00), is hereby established for regular residential customers for the year 2015. BE IT FURTHER RESOLVED, by the Board of Commissioners, Township of Rostraver, that a garbage fee in the annual amount of One Hundred Ten Dollars and 00/100 Cents ($11 0.00) is hereby established for Senior Citizens residential customers for the year 2015. Gary L. Litvany moved Resolution No. 1017 be adopted as read. Raymond Iacoboni seconded the motion. The Gary N. Beck, Sr. - yea Gary L. Litvany - yea Prior to Chairman Egros's vote he said the rates will stay the same going into next year and thanked Commissioner Litvany for working on the garbage for 2015. RESOLVED this 5th day ofnovember, 2014. Board of Commissioners. Township of Rostraver. BY: Patrick G. Egros, President. ATTEST: Pamela S. Beard, Secretary.

77 RESOLUTION NO. 1018, introduced by Patrick G. Egros, is a Resolution Authorizing Patrick G. Egros to Sign the Automated Red Light Enforcement Program Project Supplement to Agreement No. 120397 A, was given a reading by Solicitor Gaudio. Resolution of the Township of Rostraver Approving and Authorizing the Execution of a Supplemental Agreement Between the Commonwealth of Pennsylvania Acting Through the Department of Transportation and the Township of Rostraver Providing for a No Cost Time Extension Supplement to Agreement No. 120397 A Regarding Installation of Flashing Warning School Zone Devices along Crest Ave. in Rostraver Township. WITNESSETH: WHEREAS, the Commonwealth of Pennsylvania, acting through the Department of Transportation(" DEPARTMENT") and the Township of Rostraver ("SPONSOR"), under the date of November 21, 2011, entered into an agreement designated in the DEPARTMENT's files as Agreement No. 120397 A ("Original Agreement"), wherein the DEPARTMENT and the SPONSOR agreed to participate in the design and construction of improvements, consisting of installing two flashing warning school zone devices along Crest Ave. within the municipal boundaries of the Township of Rostraver ("Project"), to be funded under the Automated Red Light Transportation Enhancements Grant Program ("Program"); and, WHEREAS, the Program is 100 percent state-funded from a separate restricted account (Appropriation 244) within the Motor License Fund; and, WHEREAS, the effective date of the Original Agreement is November 21, 2011; and, WHEREAS, the Original Agreement obligates the SPONSOR to complete the work under the Agreement no later than three (3) years from its effective date; and, WHEREAS, the SPONSOR will not be able to complete the work within this three- (3-) year period because of difficulty in obtaining Department approved equipment and scheduling with the contractor; and, WHEREAS, the SPONSOR by letter dated October 20, 2014, requested from the DEPARTMENT a time extension, until January 31,2015, to complete the work; and, WHEREAS, the DEPARTMENT, by a letter dated November 2014 and signed by the District Executive for Engineering District 12-0, purported to approve the requested time extension; and, WHEREAS, the Original Agreement does not provide for the approval of time extensions by exchange of letters and instead requires execution of a formal supplement to authorize the time extension; and, WHEREAS, the parties are entering into this Supplemental Agreement to signify the DEPARTMENT's formal approval of the SPONSOR's request. NOW, THEREFORE, BE IT RESOLVED, that: 1. The Board of Commissioners of the Township of Rostraver, Westmoreland County and it is hereby Resolved that by the authority of the same, that the Chairman of the Board of Commissioners of the

78 ------ --------------------- Township of Rostraver be authorized and directed to sign the attached Automated Red Light Enforcement Program Project Funding Agreement on its behalf. Gary L. Beck, Sr. moved Resolution No. 1018 be adopted as read. Gary L. Litvany seconded the motion. The Gary N. Beck, Sr. - yea Gary L. Litvany - yea RESOLVED this 5th day of November, 2014. Board of Commissioners. Township of Rostraver. BY: Patrick G. Egros, President. ATTEST: Pamela S. Beard, Secretary. RESOLUTION NO. 1019, introduced by Raymond Iacoboni, is a Resolution Amending the Rostraver Township Employee Pension Plan, was given a reading by Solicitor Gaudio. Resolution of the Township of Rostraver Amending the Rostraver Township Employee Pension Plan. WHEREAS, the Township of Rostraver is the Plan Sponsor of the Rostraver Township Employee Pension Plan; and WHEREAS, pursuant to Revenue Ruling 2013-17 and Notice 2014-19 issued by the IRS as a result of the U.S. Supreme Court's decision in United States v Windsor (the "Windsor decision"), which struck down Section 3 of the Defense of Marriage Act of 1996 ("DOMA") as unconstitutional because it prohibited the recognition of same-sex spouses for purposes of Federal tax law; and WHEREAS, the Township of Rostraver as Plan Sponsor is required to and does desire to Amend the Rostraver Township Employee Pension Plan to be in compliance with the aforesaid Revenue ruling 2013-17; and NOW THEREFORE BE RESOLVED and enacted by the Board of Commissioners of Rostraver Township that: 1. The Board of Commissioners of Rostraver Township does hereby adopt the COMPLIANCE AMENDMENT TO the Rostraver Township Employee Pension Plan which is attached to this Resolution and titled as "COMPLIANCE AMENDMENT TO the Rostraver Township Employee Pension Plan". 2. The Chairman of the Board of Commissioners of Rostraver Township is hereby authorized to sign all documents to effectuate the purpose of this Resolution. Raymond Iacoboni moved Resolution No. 1019 be adopted as read. Gary N. Beck, Sr. seconded the motion. The Gary N. Beck, Sr. -yea Gary L. Litvany - yea

RESOLVED this 5th day ofnovember, 2014. Board of Commissioners. Township ofrostraver. BY: Patrick G. Egros, President. ATTEST: Pamela S. Beard, Secretary. OLD BUSINESS: Gary N. Beck, Sr. moved to approve Bandaru Consolidation Plan, Sailaja K. Bandaru, Simple Subdivision. A consolidation plan of tax maps 56-16-07-0-017 and 56-16-07-0-018located off ofsr 201. The total combined area of the two lots is 1.78 acres. The existing land uses need to be shown for both parcels and the property comer note needs to be cleaned up. The Planning Agency recommends approval. Gary L. Litvany seconded the motion. The 79 Gary N. Beck, Sr. - yea Gary N. Beck, Sr. moved to approve Change Order #1 of the 2014 Superpave Asphalt Project due to adjusting the quantities in the contract in the amount of$79,142.24 from the Liquid Fuels Fund. Raymond Iacoboni seconded the motion. The Gary N. Beck, Sr.- yea Raymond Iacoboni moved to pay El Grande Industries Inc. for the 2014 Superpave Asphalt Project in the amount of$420,771.19 from the Liquid Fuels Fund. GaryL. Litvany seconded the motion. The following yea and nay votes were recorded: Gary N. Beck, Sr.- yea Gary N. Beck, Sr. moved to approve Secretary to advertise for grass cutting and maintenance of all recreational areas of the Township for calendar years 2015 and 2016. Raymond Iacoboni seconded the motion. The following yea and nay votes were recorded: GaryN. Beck, Sr. -yea Raymond Iacoboni -yea Gary L. Litvany moved to approve Secretary advertising for "Road Supplies" for the Year 2015. Gary N. Beck, Sr. seconded the motion. The GaryN. Beck, Sr. -yea Raymond Iacoboni -yea

80 NEW BUSINESS: Gary N. Beck, Sr. moved all bills presented be approved/ratified for payment. Raymond Iacoboni seconded the motion. The Gary N. Beck, Sr.- yea Gary L. Litvanymoved to pay Val's for propane on invoice dated August 28,2014 in the amount of$40.00. Gary N. Beck, Sr. seconded the motion. The Gary N. Beck, Sr.- yea Raymond Iacoboni -recuse Total yeas- 3; nays- 0; recuse- I CORRESPONDENCE: Distributed at work sessions, reviewed, and filed for reference. CITIZENS TO BE HEARD: Raymond Iacoboni moved to hear from citizens in attendance. Gary L. Litvany seconded the motion. The Gary N. Beck, Sr. - yea Cheryl Myers, 252 Lenity School Road - Ms. Myers thanked Attorney Gaudio and Zoning Officer Lohr for stopping Minute Man at the Pricedale Bus Garage. Ms. Myers said there has been a smell from the Landfill in the last ten (I 0) days. Ms. Myers gave the Commissioners a copy of a letter from Matt Cartwright, Ranking Member, Subcommittee on Economic Growth, Job Creation and Regulatory Affairs with the Congressional House of Representatives. Ms. Myers said Mr. Cartwright said he sent this letter to DEP on October 29, 2014 asking for specific information on how the State regulates production waste from fracking. Ms. Myers said he specifically asked questions about landfills, how they are inspected, etc. Ms. Myers said there are sixteen (16) questions that need to be answered by November 12, 2014. Ms. Myers said there is a problem with fracking sand trucks parked overnight at Walmart. Ms. Myers said Walmart has a policy where overnight truckers can't park in their lot. Ms. Myers said she contacted Walmart headquarters to report this and it has been taken care of and no longer are they parking trucks. Ms. Myers said there was a truck parked behind Fantastic Sam's in Kmart plaza for several days and they said their truck was broke down and that is why it was there. Ms. Myers said there is a fracking sand company that is asking for permission to locate their business on Finley Road property. Ms. Myers asked what the weight limit is on Finley Road. Engineer DeiCas said it is 80,000 pounds. Ms. Myers said she would like the Commissioners to send a letter to DEP supporting Mr. Cartwright's investigation.

81 Chaitman Egros recognized Mr. Turner in the audience who is a Veteran. ADJOURNED INTO EXECUTIVE SESSION AT 6:42 P.M. TO DISCUSS PERSONNEL & LITIGATION. RECOVENED INTO MONTHLY MEETING AT 7:33P.M. ADJOURNMENT: Gary L. Litvany moved monthly meeting be adjourned at 7:33 p.m. Gary N. Beck, Sr. seconded the motion. The Gary N. Beck, Sr. -yea Gary L. Litvany - yea Patrick G. Egros - yea Total yeas - 4; nays - 0 ATIE~ K~ Pamela S. BEARD; Township Secretary THIS MEETING WAS TAPED.