News

Minutes of the meeting of the Rush Township of Supervisors – January 4, 2010

Rush Township Building
Hometown, PA  18252

Minutes of the Monthly Meeting of the Rush Township Board of Supervisors

The monthly meeting of the Rush Township Board of Supervisors was called to order by Chairman Stephen W. Simchak at approximately 12:40 o’clock p.m.  Those in attendance were Vice-Chairman Shawn Gilbert; Supervisor Robert J. Leibensperger; Corporal Duane Frederick and Secretary/Treasurer Terri Conville.  There were approximately thirty residents and one reporter present.  The Pledge of Allegiance was then recited.

A   motion was made by Supervisor Leibensperger to adopt Resolution 2010-06 establishing a policy for conducting township meetings.  Chairman Simchak seconded the motion.  Under the question, Supervisor Leibensperger read the Resolution to the public. Vice-Chairman Gilbert asked if the three Supervisors had to sign this resolution and if the thirty minute allotment for public participation is at the discretion of the entire board or the Chairman.  Simchak stated this policy came from PSATS.  Mr. Sanchez, Jr. wanted to know if under New Business, there would still be under the question.  Simchak stated that would be debated by the Supervisors. Ted Hafer stated that according to the Sunshine Law after a motion is made; people have the right to speak.   Motion carried.

A motion was made by Supervisor Gilbert to approve the minutes of the previous meeting, December 15, 2009.  Supervisor Leibensperger seconded the motion.  All voted in favor, carried.

A motion was made by Supervisor Gilbert to accept and place on file all correspondence for the month. Supervisor Leibensperger seconded the motion. Ms. Conville mentioned the following correspondence received to date:
1.  Letter from Donna Woodring
2.  Letter from Lobel, Kaufmann & Anastasia
3.  PSATS News Bulletin
4. E-Mail from Bill McMullen noting site inspection completed for Quakake park project.
5.  Letter from Department of Transportation
6.  Letter from Silberline
7.  Correspondence from Arro
Under the question, Mr. Sanchez, Jr. asked when public participation would be held.  Simchak noted at the end of the meeting.
All voted in favor of the motion, carried.

A motion was made by Supervisor Leibensperger to approve current township and sewer bills for January, 2010.  Chairman Simchak seconded the motion, carried.

A motion was made by Supervisor Gilbert to accept and place on file the American Water Service’s report.  Supervisor Leibensperger seconded the motion.  All voted in favor, carried.

Corporal Frederick read the police report for the month of December.  Supervisor Gilbert made a motion to accept the report as read.  Supervisor Leibensperger seconded the motion.  All voted in favor, carried.

A motion was made by Supervisor Gilbert to accept all municipal reports.  Supervisor Leibensperger seconded the motion.  All voted in favor, carried.

There is nothing under old business.

A motion was made by Supervisor Leibensperger to join the Northeastern Pennsylvania Alliance.  Chairman Simchak seconded the motion, carried.

A motion was made by Supervisor Leibensperger to appoint Precision Design to design and upkeep a web page for the township.  Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. asked what costs are involved and who would maintain the web page.  Pat Tracy asked how many other townships have a web page.  Supervisor Leibensperger explained the importance of developing a web page for the township.  Ms. Tracy wanted to know where are they from, what the costs are and if anyone has relatives in this company.  Ms. Conville noted the hourly rate is $75.00 per hour. Supervisor Leibensperger stated that it costs so much per page and that there is a cost to register the domain name. Vice-Chairman Gilbert feels that the $10,000 budgeted for this item could be used to fix our roads.  George Gerhard was concerned about the township getting what it needs and feels the Board should have a better idea to the costs involved.   Simchak and Leibensperger voted for the motion, carried. .

A motion was made by Supervisor Leibensperger to appoint Hometown Press to create a newsletter for the township.  Under the question, Mr. Sanchez, Jr. wanted to know if this is a local company and what the costs are.   Vice-Chairman Gilbert voiced his opinion on the need of this now. Leibensperger stated the only costs involved for us are the mailing and we would be doing it twice a year. Chairman Simchak seconded the motion.  All voted in favor of the motion, carried.

Chairman Simchak made a motion to accept Robert Leibensperger’s resignation letter as an auditor for the township.  Vice-Chairman Gilbert seconded the motion.  All voted in favor of the motion, carried.
Supervisor Leibensperger made a motion to appoint Brian Turner as an auditor for a two year term.  Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. wanted to know who Brian Turner is and if he has any auditing experience.  Motion carried.
A motion was made by Supervisor Leibensperger to hire Marie Skripnek as a part-time clerk at the rate of $10.50 per hour.  Simchak seconded the motion. Under the question, Vice-Chairman Gilbert wanted to know who Marie Skripnek is, what happened to Darlene Fenstermacher and who will be doing the garbage bills.  Simchak stated Skripnek’s resume was on file, Darlene was not reappointed and we are going to out-source the garbage billing.  Gilbert also expressed concerns if the secretary/treasurer gets sick, who would sign the checks, since we don’t have an assistant treasurer.  Simchak stated in an emergency the Board can sign the checks. Gilbert asked our attorney if that is legal.  He stated the person should be bonded to sign checks and handle any money.   Supervisor Leibensperger amended his original motion.  The new motion was made to hire Marie Skripnek as a part time clerk/assistant treasurer, also bonded, sign checks at the rate of $10.50 per hour.  Gilbert asked if she will be bonded for the same amount as the secretary/treasurer because there was an issue with that this year.  Simchak stated he would check into that.  Mr. Sanchez, Jr. wanted to know if a new job description would be written for Ms. Skripnek.    Simchak stated that Ms. Skripnek will be doing mostly clerical duties and fill in as needed for an assistant treasurer.    Motion carried.

A motion was made by Supervisor Leibensperger to accept the resignation letter of Officer Richard Naprava effective December 31, 2009.  Vice-Chairman Gilbert seconded the motion.  All voted in favor, carried.

A motion was made by Supervisor Leibensperger to hire Anne Lutz as part-time police officer at the rate of $12.00 per hour. Chairman Simchak seconded the motion.  Under the question, Vice-Chairman Gilbert asked if a background check was done.  Corporal Frederick stated it should be contingent on doing a background check.  Supervisor Leibensperger amended his motion to include pending background check.  Mr. Sanchez, Jr. asked if Ms. Lutz would need a separate locker room.   Motion carried.
A motion was made by Supervisor Leibensperger to hire Brian Zulic as part-time police officer pending a background check at a rate of $12.00 per hour.  Chairman Simchak seconded the motion, carried.
A motion was made by Supervisor Leibensperger to hire Thomas Santore as a part time laborer for the road department.  Chairman Simchak seconded the motion.  Under the question, Gilbert asked who Thomas Santore is and stated he also needs a background check.  Simchak stated he works for us now as a snow plow driver and has all his clearances. Motion carried.
A motion was made by Supervisor Leibensperger to hire Robert Tirpak pending a background check as a part time laborer for the road department.  Chairman Simchak seconded the motion.  Under the question, Mr. Sanchez, Jr. wanted to know if both individuals hired today for the road department have their CDL’s and what rate were they hired at. Simchak stated both have their CDL’s and were hired as laborers.  Motion carried.
A motion was made by Supervisor Leibensperger to accept the resignation letter of Arthur D. Zeplin as a member of the Northeastern Schuylkill Joint Municipal Authority effective December 31, 2009.  Vice-Chairman Gilbert seconded the motion. Under the question, Leibensperger asked if this opening had to be advertised.  Attorney Yurchak stated that it did not have to be advertised.  All voted in favor, carried.
A motion was made by Vice-Chairman Gilbert to appoint Roland Harper to fill the remaining term of Arthur D. Zeplin on the Northeastern Schuylkill Joint Municipal Authority which expires April 15, 2013.  Supervisor Leibensperger seconded the motion.  All voted in favor, carried.
A motion was made by Supervisor Leibensperger to adopt the synopsis for the Parks and Recreation. Chairman Simchak seconded the motion.  Under the question, Mr. Sanchez, Jr. wanted to know what a synopsis was and if that would replace the Recreation Board.   Motion carried.

A motion was made by Supervisor Leibensperger to advertise an ordinance for handicap parking and the permit application. Chairman Simchak seconded the motion.  Under the question, Mr. Sanchez, Jr. asked if that’s when people call in saying they want a sign.   Motion carried.

A motion was made by Supervisor Leibensperger to adopt the policy concerning appointed officials who are delinquent in bill payment. Chairman Simchak seconded the motion. Under the question, Vice-Chairman Gilbert wanted to know if this was legal. Mr. McMullen asked if this policy pertains to the present Boards.  Attorney Yurchak stated it cannot affect elected officials and that it is for new hired employees. Attorney Yurchak stated you would still have to give the new Board members a hearing.  Yurchak stated this is for new people.  Motion carried.

A motion was made by Supervisor Leibensperger to adopt the job descriptions for all employees of the township. Chairman Simchak seconded the motion.  Under the question, Mr. Sanchez, Jr. asked if these were revised job descriptions.   Mr. Shamonsky wanted to know exactly what was outlined in a job description.  Supervisor Leibensperger explained exactly what a job description entails.  Mr. Sanchez, Jr. wanted to know if the new job descriptions supersede the SOP   Attorney Yurchak noted they will work hand in hand.  Mr. Sanchez, Jr. wanted to know if there is a job description for light duty. Simchak stated that would be in the personnel policy. Vice-Chairman Gilbert wanted to know who wrote the job descriptions and if our Solicitor reviewed them.  Supervisor Leibensperger stated he wrote the job descriptions, along with the SOP.  Leibensperger noted he has put about a hundred hours into both of them, and that our PIRMA representative has read thru the SOP.  Pat Tracy asked if she could get a copy of the job descriptions.  Mr. Shamonsky inquired about the policy for the fire police and what does the township have to do with fire police.  He also wanted to know why he wasn’t given a hearing a few years ago in reference to the fire police.   Past Supervisor Sanchez, Jr. stated that it was advised by our Attorney at the time not to. Mr. Shamonsky became disruptive and was asked by the Chairman to leave the meeting.  Mr. McMullen asked who had input on the job descriptions.  Supervisor Leibensperger noted that our liability insurance carrier, PIRMA approved them.   Motion carried.

A motion was made by Supervisor Leibensperger for Alfred Benesch and Company to apply for grants on behalf of the township. Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. wanted to know if that would be on an as needed basis or for the whole year. Simchak stated it would be as needed throughout the year.  Motion carried.

A motion was made by Supervisor Leibensperger for Alfred Benesch and Company to begin preliminary designs for infrastructure, maintenance, and improvements for Meadow Avenue.  Chairman Simchak seconded the motion, carried.

A motion was made by Supervisor Leibensperger for Alfred Benesch and Company to begin preliminary designs for infrastructure, maintenance, and improvements for Heckman/Isganitis Street.  Chairman Simchak seconded the motion.  Under the question, Mr. Sanchez, Jr. wanted to know if this included drainage areas too.  Simchak noted the engineer would decide all that. Motion carried.

A motion was made by Supervisor Leibensperger for Alfred Benesch and Company to begin preliminary designs for infrastructure, maintenance, and improvements for Kahler Hill area. Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. asked if this would be all roads or just Kahler Avenue.  Motion carried.

A motion was made by Supervisor Leibensperger for Alfred Benesch and Company to begin preliminary designs for infrastructure, maintenance, and improvements for Ye Old Hauto Road.   Chairman Simchak seconded the motion. Under the question, Mr. Hafer asked if the Board would have the necessary funds to complete these big projects.  Mr. Hafer noted there is a big problem on Cumberland Avenue with infrastructure and was that looked into.  Mr. McMullen asked what costs were associated with items S, T, U, and V. Simchak stated it would be per hour.   Mr. Sanchez, Jr. asked if this ties in with our road study that was done by Arro.  Simchak answered yes to that question. Motion carried.

A motion was made by Supervisor Leibensperger for Alfred Benesch and Company to begin preliminary designs for infrastructure, maintenance, and improvements for the Ryan Memorial Park Playground.  Chairman Simchak seconded the motion, carried.

A motion was made by Supervisor Leibensperger to upgrade the computer systems for the township.  Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. wanted to know what the costs would be, what exactly is being upgraded and will it be presented at a meeting.   Simchak stated there would be a fee schedule and prices on the equipment before it is approved, an assessment. Motion carried.

A motion was made by Supervisor Leibensperger to adopt the Standard Operations Police Manual that was written and will be on review.  Chairman Simchak seconded the motion, carried.

A motion was made by Supervisor Leibensperger to contact DCED about regionalizing police forces.  Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. asked if regionalizing would happen in the near future. Simchak stated the study takes a few years.   Motion carried.

A motion was made by Supervisor Leibensperger to join the PSATS 457 Retirement Plan. Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. asked if this changes the current pension plan for employees. Simchak stated that it is a supplemental plan.  Sanchez wanted to know if this plan is for full or part time employees.  Ms. Conville noted that anybody that works for the township including our attorney, engineer, etc can join.   Motion carried.

A motion was made by Supervisor Leibensperger to adopt Resolution 2010-07 authorizing the Northeastern Pa. Alliance to make an application for a LED Traffic Signal Grant on the township’s behalf.  Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. asked if the lights at Route 54 and 309 are LED’s. Simchak answered yes to that question.  Mr. McMullen suggested the Board look into the LED lights.  Research has shown they do not get hot enough to melt the snow and ice that accumulates on them during a storm. Simchak stated that he is aware of the research and thanked Mr. McMullen for his concerns.  Motion carried.

A motion was made by Supervisor Leibensperger to apply for a Dunn’s number as needed for federal funding.  Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. asked what a Dunn’s number was and does it have any relation to Mr. Dunn across the street.  Leibensperger stated that a Dunn’s number is needed in order to apply for federal grants and has nothing to do with Mr. Dunn.  Motion carried.

A motion was made by Supervisor Leibensperger to adopt the volunteer policy and release form for the township. Chairman Simchak seconded the motion. Under the question, George Gerhard wanted to know what that was.  Mr. Sanchez, Jr. wanted to know if the policy addresses someone getting hurt and if it releases the township of any liability.  Attorney Yurchak stated that is the purpose of the release    Motion carried.

A motion was made by Supervisor Leibensperger to adopt the fire police policy.  Chairman Simchak seconded the motion.  Under the question, George Gerhard wanted to know what the policy said and if anyone from the fire company read it.  Leibensperger stated that no one has done anything for the last 7 years to cover the township with any liability cases. These new policies are needed for that purpose.   Motion carried.  Gilbert asked Attorney Yurchak if the new job descriptions, like the one for the secretary/treasurer, were just re-written, or do we still follow the township code. Attorney Yurchak stated the 2nd class township code takes precedent over any job description. Motion carried.

A motion was made by Supervisor Leibensperger to adopt the flow-chart for personnel.  Chairman Simchak seconded the motion.  Under the question, Vice-Chairman Gilbert asked why the Secretary/Treasurer is underneath the Board of Supervisors and who is in charge of the Secretary/Treasurer.   Supervisor Leibensperger explained that the Secretary/Treasurer is there full-time and will report to the Supervisors.  Mr. Sanchez, Jr. asked if the flow-chart fits into the emergency plan in any way. Attorney Yurchak stated it is just for informational purposes.  Motion carried.

A motion was made by Supervisor Leibensperger to adopt the police code of conduct policy.  Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. wanted to know what the police code of conduct policy is and did Corporal Frederick get to see it.  Leibensperger stated this is a list of rules on how our police officers should conduct themselves and Corporal Frederick will get a copy of it.  Mr. Gerhard feels that somebody should have told the police department about this policy.   Motion carried.

A motion was made by Supervisor Leibensperger to adopt Resolution 2010-08 intent to follow the schedules and procedures for the disposition of records as set forth in the Municipal Manual.  Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. wanted to know if the records would be burned or shredded.  Simchak stated probably shredded. Motion carried.

A motion was made by Supervisor Leibensperger to dispose of the assault rifles in the police department either by donating them to the Pa State Police or by offering them for sale by sealed bid. Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. asked our Solicitor if it is legal to sell the assault rifles under seal bid. Attorney Yurchak stated they can be sold to a licensed dealer by sealed bid.  Vice-Chairman Gilbert asked why we are getting rid of them. Simchak and Leibensperger feel it would be safer.  Corporal Frederick asked if there is anything stated in the new SOP that says he could bring his own assault rifle to use.  Mr. Hafer asked who paid for the rifles.  Simchak noted the township paid for them. Motion carried.

A motion was made by Supervisor Leibensperger to re-open the 2010 budget. Chairman Simchak seconded the motion.  Leibensperger stated the Tax increase of 1.5 mills will be dedicated to infrastructure, maintenance and improvements. This would bring the total millage to 5.62 mills. Break-down is   3.21 general fund, .50 bldg fund, .41 fire tax fund, 1.5 infrastructure, maintenance & improvements.  Also in the proposed budget is a change in the sewer rates.  We are proposing a decrease for Lake Hauto from $180.00 to $160.00 per quarter and proposing an increase for Hometown from $117.81 to $172.00 per quarter. Under the question, Vice-Chairman Gilbert asked why we are raising taxes so much.  Last year we raised them 1.5 mills to pay bills.  Gilbert stated this was over-estimated and as a result there is a carryover according to him of approximately $328,000, if it is not spent on phones, community grants, raises, etc. Gilbert stated this money should be used to fix the streets.  Leibensperger stated there is a list of things not done, including the road study. Mr. McMullen stated that the preliminary plans were in this office November, 2008. No response was received from the Supervisors and a rough draft of the plan was in hand in July.   Mr. Hafer stated that all residents are going to pay for having sewer work completed on Meadow Avenue since the sewer rates are going up so much.  Ms. Lazur stated there is a CD for Hometown Sewer upgrades and is the Board taking that into consideration.  Mr. Hafer asked about the money being paid back for the purchase of the Fortunato property.  George Gerhard asked how the Board can justify increasing Hometown sewer rates but decreasing Lake Hauto rates. Mr. Boyer asked if it was legal to raise the rates.  Vice-Chairman Gilbert feels the Board should manage the money we have now and raising it that much is ridiculous.  It should be raised over a period of years.  Motion carried.

A  motion was made by Supervisor Leibensperger allowing the secretary to advertise the amended 2010 budget for 10 day public review and schedule a meeting for January 22, 2010 at 9 a.m. Chairman Simchak seconded the motion. Under the question, Mr. Sanchez, Jr. asked the Board why they are having this meeting so early.  Simchak stated that it is a convenient time for the majority of the Supervisors.  Vice-Chairman Gilbert feels it should be at 6 or 7 p.m.   Motion carried.

PUBLIC COMMENT
Mr. Sanchez, Jr. – wanted to know if a study was done on the sewer rates.  Simchak stated the sewer rates being charged were too low for the surrounding area in order to qualify for a loan from Penn Vest.   Sanchez would be turning in his six keys after the meeting.  He would like Ms. Conville to sign the sheet he has with the list of keys he is turning back to the township.

Pat Tracy wanted to know what happened to Darlene Fenstermacher, who is Marie Skripnek and where is she from.  She also wanted to know if Shawn and Bill were notified of anything on this.  Mrs. Tracy asked why the secretary is salaried.  She also stated most of the trouble is coming from Steve Simchak and why doesn’t he resign.

Marion Lazur stated that in the past she had checked with our insurance company in reference to the volunteer policy.  The insurance company told her that if a volunteer person gets hurt, they can still sue the township even though they sign a release form.

Mr. Tracy stated the residents can’t afford the rate increases and that we are not a rich township. Simchak stated the Supervisors will actively be going after loans and grants, and that our rates are too low compared to the national average.

Vice-Chairman Gilbert questioned the Secretary-Treasurer as to who has access to computer passwords. He wanted to know who can review and keep an eye on what is being done on the computer system. Mr. Gerhard suggested that the passwords should be kept in the safe. Gilbert stated Ms. Conville is bonded for 2 million dollars and is in charge of the finances for the township. Gilbert asked Ms. Conville if she did a menu for the Russian Club on her computer about a month ago. Ms. Conville noted she did the flyer, but it was not on company time. It was done on her lunch hour.  Gilbert asked our Solicitor if that was legal.  Attorney Yurchak stated it shouldn’t be on township time.

Chairman Simchak adjourned the meeting at 1:50 o’clock p.m.

Terri Conville
Secretary/Treasurer

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