1. township of rostraver minutes of the monthly meeting ... · tvvl.::o, '-! ul_ljh~ ~lt auu...

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TOWNSHIP OF ROSTRAVER Minutes of the Monthly Meeting October 3, 2007 Chairman Lorenzo called the regular monthly meeting of the Rostraver Township Board of Commissioners to order on this date at 6:00pm. in the Rostraver Township Municipal Building Members present were: Brian L Sokol Patrick G Egros Ralph Iacoboni Thomas G. Patterson Nick Lorenzo I he Pledge of Allegiance was led by Chairman Lorenzo, audience participating Attorney Maatta and Secretary Beard were also present At this time Chairman Lorenzo introduced the new finance director, David Amatangelo Thomas G Patterson moved there being no .additions or corrections to the minutes of Monthlyu Special Meeting of August 27, 2007 they stand approved as read. Brian L Sokol seconded the motion The following yea and nay votes were recorded: Brian L. Sokol- yea Patrick G. Egros- yea Ralph Iacoboni- yea Total yeas- 5; nays- 0 COMMITTEE REPORTS: Thomas G. Patterson- yea Nick Lorenzo - yea Chairman of Public Safety, Nick Lorenzo reported for the month of September, 2007 Criminal Arrests 52, YTD 406; Non-Traffic Citations 26, YTD 213; Traffic Citations 227, YID 1,075; Parking Tags 1, YTD 28; Written Warnings 25, YTD 158; Total Number of Incidents 884, YTD 7,786; Total Number of Miles Driven 16,679, YTD 142,576 Chairman Lorenzo said grant money and donations has been received for the booking center in the amount of $180,950. Chairmarr Lorenzo said Finley Road is still having the stormwater worked on 1. '

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Page 1: 1. TOWNSHIP OF ROSTRAVER Minutes of the Monthly Meeting ... · tVVl.::O, '-! Ul_lJH~ ~lt aUU lHQ.t _l U.::O'-'U aUU U~l..< VV V_I_ o_pvvH.U_i_L.\,

TOWNSHIP OF ROSTRAVER

Minutes of the Monthly Meeting

October 3, 2007

Chairman Lorenzo called the regular monthly meeting of the Rostraver Township Board of Commissioners to order on this date at 6:00pm. in the Rostraver Township Municipal Building

Members present were: Brian L Sokol Patrick G Egros Ralph Iacoboni

Thomas G. Patterson Nick Lorenzo

I he Pledge of Allegiance was led by Chairman Lorenzo, audience participating

Attorney Maatta and Secretary Beard were also present

At this time Chairman Lorenzo introduced the new finance director, David Amatangelo

Thomas G Patterson moved there being no .additions or corrections to the minutes of Monthlyu

Special Meeting of August 27, 2007 they stand approved as read. Brian L Sokol seconded the motion The following yea and nay votes were recorded:

Brian L. Sokol- yea Patrick G. Egros- yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

COMMITTEE REPORTS:

Thomas G. Patterson- yea Nick Lorenzo - yea

Chairman of Public Safety, Nick Lorenzo reported for the month of September, 2007 Criminal Arrests 52, YTD 406; Non-Traffic Citations 26, YTD 213; Traffic Citations 227, YID 1,075; Parking Tags 1, YTD 28; Written Warnings 25, YTD 158; Total Number of Incidents 884, YTD 7,786; Total Number of Miles Driven 16,679, YTD 142,576 Chairman Lorenzo said grant money and donations has been received for the booking center in the amount of $180,950. Chairmarr Lorenzo said Finley Road is still having the stormwater worked on

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Chairman of Parks and Recreation, Patrick G Egros reported for the month of September, 2007 Commissioner said the fence has been replaced at the ballfield .. Commissioner Egros said the fall youth baseball, soccer and girls fast pitch are going on right now Commissioner Egros said budget request have been sent out to all the Rostraver sports organizations for 2008 and will be presented on Monday, October 8, 2007 at the recreation budget meeting Commissioner Egros said the public open house for the Recreation Commissioner Study went well

Chairman of Roads, Streets and Equipment, Brian L. Sokol to reported for the month of September, 2007 Commissioner Sokol said the Road Department has continued cutting the brush along the right of ways through out the Township. Commissioner Sokol said the department has repaired a lot of catch basins Commissioner Sokol said some roads were repaired with asphalt Commissioner Sokol said the Road Department has completed the sealing project for 2007. Commissioner Sokol said the Road Department will begin getting the equipment ready for winter

Chairman of Health and Welfare, Ralph Iacoboni reported for the month of September, 2007 .. Commissioner Iacoboni gave a sewage project update report.

Chairman of Budget and Finance, Thomas G. Patterson, reported for the month of September, 2007 Commissioner Patterson said it is a pleasme to have Finance Director, David Amatangelo with liS. Assets: $UB1JOL49. ·Revenue£=& Other· Financing So'Jrces: $3ill;lllll0 Expenditures; $161,029 .. 92, Debt Principal & Interest Payable: $417,600 .. 00, Police Pension Fund Assets: $4,104,650 23

Township Engineer, Carl Dei Cas was not present to give his report Chairman Lorenzo reported for the month of September, 2007 .. Twenty two (22) permits were issued for the month of September, 2007 Seven (7) new homes, one (1) warehouse, two (2) porch/decks, one (1) swimming pool, three (3) signs, one (1) home addition, two (2) grading, two (2) gas wells, one (1) zoning and two (2) demolitions. Total construction for the month of September, 2007-$3,015,684. I otal construction for the year 2007- $9,506,497 00.

Attorney Maatta reported for the month of September, 2007. Attorney Maatta said he performed routine business

CITIZENS WANTING TO DISCUSS AGENDA ITEMS ONLY:

Patrick G. Egros moved to hear from citizens at this time Thomas G. Patterson seconded the motion The following yea and nay votes were recorded:

Brian L. Sokol- yea Patrick G. Egros- yea Ralph Iacoboni -yea

Thomas G. Patterson- yea Nick Lorenzo -yea

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Total yeas- 5; nays- 0

George Martin, Pmter McNutt Lane- He has a few concerns with the fire ordinance (1) the township pays workers compensation on the firemen and if they get hurt during a call, what happens now that they will be receiving money from insurance companies for these calls.. (2) can the township be surcharged because the township gives the fire department money and now they will be receiving money from insurance companies

BILL NO .. 567, ORDINANCE NO.. 567, introduced by Nick Lorenzo, Authmizes the Various Fire Departments within the Township to Charge the Costs of Certain Emergency and Rescue Services within the Response Area of the Rostraver Fire Departments, was given a reading by Solicitor Maatta

An Ordinance of the Township of Rostraver, Westmoreland County, Pennsylvania, Authmizing the various Fire Departments within the 1 ownship to charge the costs of certain emergency arrd rescue services within the response area of the Rostraver Fire Departments.

WHEREAS, the Township's three fire departments provide fire suppression, emergency, arrd rescue services in arrd around the Township; and

WHEREAS. theufire departments are equipped with and utilize certain apparatus, emergency tools, eqmpment and matenals as a means of savmg hves and property; and

WHEREAS, the purchase of said tools, equipment and materials is a significarrt expense for the departments; and

WHEREAS, the I ownship contributes finarrcial support to each department; arrd

WHEREAS, the departments have requested of the Board of Commissioners effectuate a recovery plarr to which the beneficiaries of the services of the various fire departments are required to pay a fair arrd reasonable share of the costs of loss and wear and tear to the apparatus, -+.-..-.1,... e..-.n~...-.......-.6-.....+ ,..,......,;1 ......,.,...+e•r'alS n.-.o.A nv...-1 +h= "'"'S(S ,-..-f· <'-.-.on~.-.1~"'""..-1 h-·a;m'nn -.-.,-nu;rlP.-1 fr. th.o tVVl.::O, '-! Ul_lJH~ ~lt aUU lHQ.t _l _l U.::O'-'U aUU U~l..< VV V_I_ o_pvvH.U_i_L.\,.<U U .l i,S _pu-' Y H .. >.VU ~V U.l.V

firefighters in the use of such tools, equipment and materials so that a safe and appropriate level of service carr be available; and

WHEREAS, frequently persons or entities requmng emergency services for whom the apparatus, tools, equipment arrd materials have been utilized, have insmance to cover the costs associated with the loss and wear and tear to said tools, equipment, and materials incurred in connection with rendering emergency service to said person or entities

NOW, THEREFORE, be it Ordained by the Township of Rostraver at a public meeting as follows:

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Section L I hat the Township recognizes and supports the rights of the various fne departments to bill persons and entities, including insruance companies providing coverage to said person and entities for the reasonable costs that are related to the loss, damage and wear to apparatus, tools, equipment and materials necessary to provide the emergency services rendered to said person and entities

Section 2 Fees shall be collected for services provided inside the Township's geographical confines as well as those provided outside the confines of the I ownship The various fire departments shall utilize applicable incident report information that will be forwarded to the various departments' authorized agent for the collection of fees All of the monies received lmder this Ordinance shall be divided equally an10ng the Township's three Fire Departments

Section 3.. The fire departments, or their authorized agent, shall submit an invoice to the relevant insurance company covering the particular loss that is related to the emergency services rendered If it can be reliably determined that there is no insmance coverage for a particular loss which

causes the fne department to incur loss, damage, wear and tear to apparatus, tools, equipment and materials, then the fne department may hold responsible the person or entity that received said emergency services except for Township residents whci ar·e exempt from said collection

Section 4 Residents of the Township who have no insruance coverage for the incident - connected ,fa the -receiving of emergency- services- rendered -by the -fire departments -are -exempted

fr·om the fire department service charges he!ein contained. _._A_._.l]_y co:tr ..... '.nercially o\vned, operated or industrial owned property shall not be eligible for said exemption

Section 5 Calls for service at residential structure "single family residence" fires within the I ownship limits shall not be subject to any of the fire department service charges contained herein, unless it is determined that the emergency services rendered were connected to negligent and/or malicious act(s) on the part of the property owners First Responder/Medical Assist calls to a residence, i.e, not involving a motor vehicle, within the Township limits are hereby exempted from the fire department service charges contained herein unless it is determined that the emergency services rendered were connected to negligent and/or malicious act(s) on the part of persons receiving the treatn1ent..

Section 6. All ordinances or part of ordinances and resolutions, in conflict with this ordinance are hereby repealed, and are no longer of any force and effect

Section 7 If any provision of this Ordinance or application thereof to any person or cir cl!Illstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions ofthis Ordinance are hereby declared to be severable ..

Thomas G Patterson moved to waive the final reading of Bill No .. 567, Ordinance No. 567 Brian L Sokol seconded the motion. The following yea and nay votes were recorded:

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Brian L Sokol- yea Patrick G. Egros -yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G Patterson- yea Nick Lorenzo -yea

Thomas G. Patterson moved Title to Bill No 567, Ordinance No 567 be accepted as read. Brian L Sokol seconded the motion The following yea and nay votes were recorded:

Brian L. Sokol- yea Patrick G Egros- yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G Patterson- yea Nick Lorenzo - yea

Prim to Commissioner Egros' s vote he wanted to verify that this Ordinance will not affect the homeowner

Thomas G Patterson moved Ordinance No 567 be adopted as read Brian L. Sokol seconded the motion The following yea and nay votes were recmded:

Brian L Sokol- yea Patrick G. Egros- yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G. Patterson- yea Nick Lorenzo - yea

ORDAINED M~D Et~ACTED into Ordinance this 3rd day of October, 2007 Board of Commissioners Township of Rostraver BY: Nick Lmenzo, President ATTEST: Pamela S Beard, Secretary

BILL NO. 568, ORDINANCE NO. 568, introduced by Nick Lmenzo, is an Ordinance Determining to Incur Lease Rental Debt; Evidenced by the Guaranteed Revenue Bond in the Maximum Principal Amount of $9,404,890 00, to be authorized and Issued by the Rostraver Township Sewage Authmity, was given a reading by Solicitor Maatta.

AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF ROSTRAVER DETERMINING TO INCUR LEASE RENTAL DEBT; EVIDENCED BY THE GUARANTEED REVENUE BOND IN THE MAXIMUM PRINCIPAL AMOUNT OF $9,404,890 00, TO BE AUTHORJZED AND ISSUED BY THE ROSTRAVER TOWNSHIP SEWAGE AUTHORITY IN CONNECTION WITH THE CONSTRUCTION, ALTERATION AND IMPROVEMENTS I 0 THE PUBLIC SEWER FACILITIES IN AND ABOUT THIS ' -,

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TOvVNSHIP Al'-i'D PAYING RELATED COSTS, FEES A:N'D EXPENSES; SPECIFYING THE REALISTIC USEFUL LIFE OF THE PROJECT; AUTHORIZING AND DIRECTING APPROPRIATE OFFICERS OF THE TOWNSHIP TO TAKE CERTAIN ACTIONS AND TO EXECUTE CERTAIN DOCUMENTS, INCLUDING A GUARANTY AGREEMENT, BETWEEN THE TOWNSHIP, AS GUARANTOR AND THE ROSTRAVER TOWNSHIP SEWAGE AUTHORITY, AND THE PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY; APPROVING THE FORM, MAXIMUM GUARANTEED AMOUNTS AND SOURCES OF PAYMENT OF THE GUARANTY AGREEMENT, AND PLEDGING THE FULL FAITH, CREDIT, AND TAXING POWER OF THIS TOWNSHIP IN SUPPORT THEREOF; AND PROVIDING FOR THE REPEAL OF ALL INCONSISTENT ORDINANCES OR PARTS OF ORDINAJ'{CES

WHEREAS, Rostraver Township, Westmoreland COlmty, Pennsylvania (the "Local Government Unit" and the "Township") is the local government unit under provisions of 53 Pa.:C S Chs 80-8, as amended and supplemented from time to time, known as the Permsylvania Local Government Unit Debt Act, (the "Act"); and

WHEREAS, the Rostraver Township Sewage Authority, (the ''Authority'') is a municipality authority organized by the appropriate action of the Local Government Unit and existing under the Municipal Authorities Act, 53, Pa. CS Ch. 56 (the "Authorities Act"); and

WHER FAS, the Authonty willtLndertake a capital project which consists of constructing alterations, additions and improvements to the sewage system facilities in and about this Township, (the "Project"); and

WHEREAS, the Pennsylvania Infrastructure Investment Authority ("PENNVEST") has approved funding for the Project, subject to the approval of! ease rental debt proceedings under the Act; and

w'BEREAS, the Township has received preliminary realistic cost estimates from professional consultants indicating the sum of $17,900,195 .. 00 will be needed to complete the project; and

WHEREAS, provided the debt related to the project qualifies as selfliquidating, as aforesaid, the proposed increase oflease rental debt, together with the Local Governmental Unit's other indebtedness presently outstanding, will not cause the limitations of the Local Governmental Unit's lease rental debt incmring power, pursuant to constitutional and statutory authority, to be exceeded

NOW THEREFORE, BE IT ORDAINED AND ENACTED by Rostraver Township, Westmoreland County, Pennsylvania, and it is hereby ordained and enacted by the authority of same as follows:

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SECTION 1 The Township authorizes the Authority to !ncur the debt which is the su~ject of this Ordinance and also authorizes and requests the Authority to undertake and complete the Project

SECTION 2. I he I ownship determines to incur debt as such term is defined in the Act, which shall be lease rental debt of the I ownship pursuant to the Act, in connection with the Project

SECTION 3 Such lease rental debt shall be in the maximum principal amount of $9,404,890.00 and shall be evidenced by the Township's guaranty of a certain obligation issued by the Authority under the Act consisting of the guaranteed revenue bond in the maximum principal amount of$ 9,404,890 00, to be issued by the Authority to PENNVES I (the "PENNVESI BOND"). The PENNVESI BOND shall have the benefit of and be seemed by, among other things, the guaranty obligations ofthe Township, and shall initiate amortization (payment ofprincipal and interest) no later than thirty six (36) months after settlement of the PENNVEST BOND and such initiation of amortization shall not be later than one year after project completion as defined by the Act.

SECTION 4 The Township specifies that the estimated useful life of the Project is at least 50 years.

SECTION 5 The Townshrp, as gumantor, shall-enter mto a Guaranty Agreement, to be dated as provided therein (the "Guaranty Agreement"), substantially in the form approved and presented at this meeting and attached hereto as EXHIBIT A, with the Authority and the Pennsylvania Infiastructme Investment Authority (PENNVEST) as security for the PENNVEST BOND and the Guaranty Agreement is hereby incorporated herein by reference

SECTION 6 A copy of the Guaranty Agreement, in the form so presented and approved at this meeting shall be filed with the Secretary of the 1 ownship and shall be available for inspection at reasonable times by interested persons requesting such inspection and terms and conditions ofthe agreement are incorporated herein by reference

SECTION 7 This Township in the Guaranty Agreement does covenant with PENNVESI and the Authority among other things, to include the debt service for each of its Fiscal Years, to appropriate the amounts fiom its general revenues for payment of its obligations under the Guaranty Agreement; to pay or caused to be paid fiom its sinking funds or any other of its revenues or funds, the amount payable under the guaranty and in the manner prescribed; and to budget in accordance with the amounts set forth in EXHIBIT B included herein by reference and apart hereof; appropriate, and make payments as reqtrired by the guaranty To this end, the Township irrevocably pledges its full faith, credit, and taxing power.

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It shall be the intent and purpose of the Guaranty Agreement that this Township shall be required to pay over to PENNVEST only that portion of such debt service that cannot be paid fi om other funds available for that purpose, as set forth in the Guaranty Agreement

SECTION 8 The maximum guaranty obligations ofthe I ownship with respect to the PENNVEST BOND, as set forth in the Guaranty Agreement, shall be payable, if and as necessary, in such amounts as set forth in EXHIBIT B.

SECTION 9. Ihe guaranty obligation of this Township, shall be payable form the tax and other general revenues of the Township.

SEC II ON I 0 The President and Vice President and the Secretary of the Board of Commissioners, as appropriate, are authorized and elected to prepare, certify and file with the Pennsylvania Department of Community and Economic Development the debt statement, as such phrase is defined in the Act required by 53 Pa C.S Section 8110, on behalf of this I ownship and the borrowing base certificate appended to such debt statement

SECTION 11 The President and Vice President and the Secretary of the Board of Commissioners, as appropriate, are authorized and directed to prepare statements required by the Act to qualify the lease rental debt for exclusion fiom the appropriate debt limit as self r uidatin ..

SECTION 12 The President and Vice President and the Secretary ofthe Board of Commissioners, as appropriate, are authorized and directed to make application to the Department of Community and Economic Development for approval with respect to the Guaranty Agreement as required by 53 P S. Section 8111 (b), and in connection with this application to pay or cause to be paid the applicable filing fee SECTION 13. After obtaining the approval discussed in Section 13, the President and Vice President and the Secretary of the Board of Commissioners, as appropriate, are authorized and directed to execute, attest, and deliver the Guaranty Agreement to PENNY bST

SECTIO}~ 14 The President at·ld Vice President and the Secretary of the Board of Commissioners, as appropriate, are authorized and directed to execute all documents and to do all other acts as may be necessary and proper to carry out the intent and purpose of this Ordinance and the undertakings ofthe Township under the Guaranty Agreement

SECTION 15 .. In the event any provision, section, sentence or clause or part of this Ordinance shall be held invalid, such invalidity shall not impair or affect any remaining provision, section, sentence, clause or part ofthe Ordinance from remaining in full force and effect. This Ordinance shall become effective in accordance with the provisions ofthe Act

SECTION 16. All ordinances or parts of ordinances that are inconsistent herewith are repealed.

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Brian L Sokol moved to waive the final reading ofBiii No 568, Ordinance No 568 Ralph Iaco boni seconded the motion The following yea and nay votes were recorded:

Brian L Sokol - yea Patrick G Egros- yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G Patterson- yea Nick Lorenzo - yea

Brian L Sokol moved Title Bill No. 568, Ordinance No 568 be accepted as read Ralph Iacoboni seconded the motion The following yea and nay votes were recorded:

Brian L Sokol- yea Patrick G Egros- yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G. Patterson- yea Nick Lorenzo - yea

. u Ralph Iacoboni moved Ordinance No. 568 be adopted asread. BrianL. Sokol secondedJhe .. motion The follovling yea a..11d nay votes \Vere recorded:

Brian L Sokol- yea Patrick G. Egros- yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G. Patterson - yea Nick Lorenzo - yea

ORDAINED AND ENACTED into Ordinance this 3'ct day of October, 2007. Commissioners Township of Rostraver BY: Nick Lorenzo, President ATTEST: Beard, Secretary.

Board of Pamela S

RESOLUTION NO. 795, introduced by Brian L Sokol, is a Resolution Declaring Atlas America, Iuc in Defimlt of Excess Hauling Agreement, was given a reading by Solicitor Maatta (Finley, Spring and Ridge Roads)

Resolution of the Township of Rostraver

WHEREAS, the Township of Rostraver entered into a certain Excess Hauling with Atlas America, Iuc ; and

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WHEREAS, a provrswn in the Agreement required a surety provrswn to guarantee the performance of the terms and conditions set forth in the Agreement as written together with those elements required by the Township Code

WHEREAS, Atlas America, Inc, posted a certain License and Permit Bond for excess hauling on Finley Road, Spring Road, and Ridge Road issued tluough Liberty Mutual Insurance Company who issued a License and/or Permit Term Bond for bond number 019025644 for the term beginning October 5, 2006, and ending October 5, 2007, in the amount of Nineteen Thousand Iluee Hundred Seventy-Five ($19,375 .00) Dollars

vVHEREAS, the Township of Rostraver, upon recommendation of the Township's Planning Agency as well as the Township's engineer and Solicitor, has determined that Atlas America, Inc, is in default of said Bond, be it therefore resolved by the Township tluough its Board of Commissioners at a public meeting duly assembled:

1 2

That Atlas America, Inc, is hereby in default of its bond; That the Township Planner, Tarnira Spedaliere, is hereby directed to claim the amount of Nineteen Thousand Tluee Hundred Seventy-Five ($19,375.00) Dollars from Atlas America, Inc , its successors or assigns by furnishing them with a certified copy of this Resolution.

~---In -the-event the bond -is insufficient to -cover damages oin fi11l- --Atlas- America -Inc

shall:ternain liable fo:t any deficiency .. Likewise, if the arnount of dan1ages is less than the amount of the bond, the bonding company shall be refrmded any excess paid or claimed

Ralph Iacoboni moved Resolution No 795 be adopted as read. Brian L. Sokol seconded the motion The following yea and nay votes were recorded:

Brian L Sokol- yea Patrick G. Egros- yea Ralph Iacoboni- yea

Iota! yeas- 5; nays- 0

Thomas G. Patterson- yea Nick Lorenzo - yea

RESOLVED this 3rd day of October, 2007. Board of Commissioners. Township of Rostraver .. BY: Nick Lorenzo, President ATTEST: Pamela S Beard, Secretary

RESOLUTION NO.. 796, introduced by Brian L Sokol, is a Resolution Declaring Atlas America, Inc. in Default of Excess Hauling Agreement, was given a reading by Solicitor Maatta (Finley Road)

Resolution ofthe I ownship of Rostraver

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'\VHEP~AS, L1.e I ownship of Rostraver entered into a certain Excess Hauling with Atlas America, Inc.; and

WHEREAS, a provision in the Agreement required a smety provision to guarantee the performance of the terms and conditions set forth in the Agreement as written together with those elements required by the I ownship Code

WHEREAS, Atlas America, Inc, posted a certain License and Permit Bond for excess hauling on Finley Road issued tlnough Liberty Mutual Insurance Company who issued a License and/or Permit Term Bond for bond number 019025649 for the term beginning October 26, 2006, and ending October 26, 2007, in the amount of Twenty-eight Thousand Seven Hundred Fifty ($28, 750 .. 00) Dollars

WHEREAS, the Township of Rostraver, upon recommendation of the Township's Planning Agency as well as the Township's engineer and Solicitor, has determined that Atlas America, Inc, is in defimlt of said Bond, be it therefore resolved by the I ownship through its Board of Commissioners at a public meeting duly assembled:

1 That Atlas America, Inc is hereby in defimlt of its bond; 2 That the Township Planner, T amira Spedaliere, is hereby directed to claim the

.. amount of Twenty-eig,ht Thousand Seven.Hundred .Fifty ($28,750.00) Dollars from Atlas Airienca, Inc , rts successors or assrgns by fhrmshmg them with a certified copy of this Resolution

3 In the event the bond is insufficient to cover damages in full, Atlas America, Inc., shall remain liable for any deficiency. Likewise, if the amount of damages is less than the amount of the bond, the bonding company shall be refunded any excess paid or claimed.

Brian L Sokol moved Resolution No 796 be adopted as read Ralph Iacoboni seconded the motion The following yea and nay votes were recorded:

Brian L .. Sokol-- yea Pat:J;ick G. Egros- yea Ralph Iacoboni - yea

Total yeas- 5; nays- 0

Thomas G. Patterson- yea Nick Lorenzo - yea

RESOLVED this 3'd day of October, 2007 Board of Commissioners Township of Rostraver BY: Nick Lorenzo, President ATTEST: Pamela S. Beard, Secretary

RESOLUTION NO. 797, introduced by Thomas G Patterson, is a Resolution Amending the I ownship's Thrift Plan #GA 1175 to Address the Automatic Rollover Requirements, was given a reading by Solicitor Maatta

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l

_,

Resolution of the Township ofRostraver

WHEREAS, the Township of Rostraver has prepared Plan documents for its Thrift plan #GA 117 5 for employees and participants of the Plan; and

WHEREAS, the Township's Thrift plan has been qualified under the Internal Revenue Code, more particularly, Section 40l(a)(3l)(B) for its' non-uniformed employees:

WHEREAS, in its cunent form, the plan requires any cash disbursement to plan participants who carmot be located to be created into a separate 40l(k) or equivalent plan; and

WHEREAS, the Township's plan advisers have recommended that an amendment to the plan be enacted to permit the Township to retairr said amounts in the Township's pension plan until the same has been claimed by the Plan participant or a more particular address for the participant is located .

NOW THEREFORE, in consideration of the foregoirrg, be it duly resolved at a public meeting as follows:

=dbe ±ownship?~s -.-Thrjft.- Plan--=#G-A 1 1-75"--i-S -amended----to -.. address-- the -automatic----- ----

I allover requirements under Section 40l(a)(31)(B) of the Internal Revenue Code; b that the amendment is effective on the 3'd day of October, 2007; c be it further resolved that the chairman and secretary are authorized and directed

to execute any and all documents to effectuate the terms and conditions set forth in this Resolution.

d be it further resolved that the Township is hereby authorized and directed to retain any service provider reasonably deemed necessary to further effectuate the amendment ofthe Plan

e be it further resolved that the cash-out level for termirrated participants to qualifY under the amendment to the pension plan as characterized irr this Resolution shall be $1,000 00 or n1o1e. In the event the cash-out level is less than $1,000.00, the Township, through its agents and employees, is hereby permitted to forward said amount to the terminated Plan participant's last known address.

Thomas G. Patterson moved Resolution No .. 797 be adopted as read. Patrick G Egros seconded the motion The followirrg yea and nay votes were recorded:

Brian L. Sokol- yea Patrick G Egros- yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G. Patterson -yea Nick Lorenzo - yea

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RESOLVED this .3rd day of October, 2007. Board ofConrruissioners Township of Rostraver. BY: Nick Lorenzo, President ATTEST: Pamela S. Beard, Secretary.

OLD BUSINESS:

Brian L. Sokol moved to release Pricedale Union Church of their bond for Main Street & Bedsworth Street in the amount of $5,000 00. Thomas G. Patterson seconded the motion. The following yea and nay votes were recorded:

Brian L. Sokol- yea Patrick G. Egros- yea Ralph Iacoboni -yea

Total yeas- 5; nays- 0

Thomas G. Patterson- yea Nick Lorenzo -yea

Thomas G. Patterson moved to release Stonegate Development Inc of their $23,045..00 bond contingent upon paving· of the road and fixing the swale and upon recommendation from Engineer Dei Cas Patrick G Egros seconded the motion. The following yea and nay votes were recorded:

Brian L. Sokol- yea Thomas G. Patterson- yea ---------------- ____ -~-~---~~~---_:_Patrick G . .Egros- :yea . .. _ .~ickLorenzo cc-. yea __ _

Total yeas- 5; nays- 0

NEW BUSINESS:

Thomas G. Patterson moved all the bills presented be approved/ratified for payment Patrick G Egros seconded the motion. The following yea and nays were recorded:

Brian L Sokol- yea Patrick G Egros ~yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G. Patterson- yea 1\Jick Lorenzo ~yea

Patrick G. Egros moved to name Saturday, October 27th as Rostraver Township Irick or Treat Day. Irick or Treat hours are to be 3:00pm. until 5:00pm. Brian L Sokol seconded the motion The following yea and nay votes were recorded:

Brian L Sokol- yea Patrick G Egros- yea Ralph Iacoboni- yea

Thomas G Patterson - yea Nick Lorenzo- yea

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____ J ' f- --'

Total yeas-- 5; nays- 0

Chairman LOienzo asked that parents watch their children and keep the children safe

Patrick G Egros moved to approve Gordon Marshall attending the Recycling Data Management W01kshop to be held October 24, 2007 at State College. The registration fee is $69 00 Thomas G Patterson seconded the motion. The following yea and nay votes were recorded:

Brian L Sokol- yea Patrick G. Egros - yea Ralph Iacoboni -yea

Total yeas- 5; nays- 0

Thomas G Patter son -yea Nick Lorenzo - yea

Thomas G. Patterson moved to approve the Finley Road Application for Payment No 1 in the amount of $218,309 74 to be paid to Plum Contracting Inc Patrick G Egros seconded the motion The fOllowing yea and nay votes were recorded:

Brian L. Sokol- yea Patrick G. Egros- yea Ralph-Iacoboni -yea------

Total yeas- 5; nays- 0

Thomas G. Patterson- yea NickLiH_enzo- yea

Thomas G. Patterson moved to approve Rostraver Township Sewage Authority's Resolution No 2007-5 raising the tap fee to $4,750.00 per tap or EDU. This tap-fee will cover all ofthe service area of the Sewage AuthOiity both residential and commercial This tap-fee does not pertain to the cmrent Route 51/70 Conidor and Rehoboth Area projects. Patrick G. Egros seconded the motion. The following yea atJ.d nay votes were recorded:

Brian L. Sokol- yea Patrick G .. Egros -yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G Patterson- yea 1'-Jick Lorenzo - yea

Commissioner Iacoboni said this rate will not include the residents that are in the sewage project.

Brian L Sokol moved to authOiize Chairman signing agreement and right of way for new sewer line (Tax Map No 56-16-02-0-130}. Ralph Iacoboni seconded the motion. The following yea and nay votes were rec01ded:

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Brian L Sokol- yea Patrick G. Egros - yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G. Patterson- yea Nick Lorenzo - yea

Brian L Sokol moved to authorize Chairman signing agreement and right of way for new sewer line (Tax Map No 56-16-00-0-091). Ralph Iacoboni seconded the motion. The following yea and nay votes were recorded:

Brian L Sokol·- yea Patrick G. Egros - yea Ralph Iacoboni- yea

Total yeas- 5; nays--' 0

Thomas G. Patterson- yea Nick Lorenzo - yea

Brian L Sokol moved to exonerate property taxes for the year 2007 u1rder t.he PA State Veterans' Commission for Real Estate Tax Exemption on Tax Map No. 56-09-10-0-132 Property is owned by Michael J. arrd Lois E. Slavick Patrick G. Egros Stlconded the motion The following yea and nay votes were r~corded:

ian L. Sokol Y'"' Patrick G. Egros- yea Ralph Iacoboni - yea

Total yeas - 5; nays -0

Tiwmas G. Patterson yea Nick Lorenzo -yea

Patrick G. Egros moved to retnm $300 .. 00 application fee for conditional use to Pierre A Luti as he has requested yvi-t~drav;al Thomas G Patterson seconded the motion.. The follo,ving yea a..lJ.d nay votes were recorded:

Brian L. Sokol- yea Patrick G. Egros- yea Ralph Iacoboni- yea

Total yeas- 5; nays- 0

Thomas G. Patterson - yea Nick Lorenzo -yea

CORRESPONDENCE: Distributed at work sessions, reviewed arrd filed for reference

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_I

CITIZENS TO BE HK& lm:

Patrick G. Egros moved to hear from citizens in attendance. Thomas G Patterson seconded the motion The following yea and nay votes were recorded:

Brian L Sokol- yea Patrick G. Egros- yea Ralph Taco boni - yea

Total yeas- 5; nays- 0

Thomas G Patterson- yea Nick Lorenzo -yea

Charles Priest, Larson Plan- He questioned about bmning in the Township He would like homs and days specified for bmning Chairman Lorenzo said this can't be done because you can't bmn inPA

Linda Hart, 337 Rankin Road- Ms .. Hart said she is getting run off water that is flooding her home from a new home that was built across the road from her

Pam Hanisolick- Ms Harrisolick is a neighbor to Ms .. Hart and Ms Harrisolick is upset with the attitude of the Connni§sioners on Ms. Hart's issue

ADJOURNMENT.

Patrick G Egros moved monthly meeting be adjomned. motion The following yea and nay votes were recorded:

Brian L Sokol- yea Patrick G Egros -yea Ralph Iacoboni - yea

Total yeas - 5; nays - 0

Thomas G. Patterson seconded the

Thomas G. Patterson- yea Nick Lorenzo -yea

~d. L---/ Nick LO~ Chailman

TillS MEETING WAS TAPED.