Aug 11, 2010 By Steve Ferris 3 min read

LEMONT FURNACE – A question about a guide rail the state installed on a North Union Township-owned road triggered a debate at Tuesday’s township supervisors’ meeting about whether the state had authority to do the work. Supervisor Robert Tupta said the Pennsylvania Turnpike Commission began installing the guide rail Tuesday between Oak Hill Drive, a township road, and a steep embankment along the roadside.

Oak Hill Drive is near the area where the commission is building a new interchange connecting the Mon/Fayette Expressway, Route 40 and Route 51.

He said he believed most of the rail was needed, but a small part across the street from James Yarris’s home was not needed.

“Ninety-five percent of the project had to be done,” Tupta said.

Tupta asked solicitor Donald McCue if the township could remove the part of the rail across from the home.

McCue recommended not removing the rail unless an engineer determines it is not needed.

Transportation coordinator William Piper said the turnpike commission probably installed the rail for safety reasons and the township would risk facing a lawsuit if an accident occurs.

Township resident Robert Garbart said he believes doing work on a township road without the supervisors’ permission is trespassing.

Yarris said the supervisors and not the state should have jurisdiction over the matter.

McCue said he believes the commission should have obtained an easement to work on the road.

Yarris said the supervisors should be able to stop the work from proceeding.

Thomas Kumor, chairman of the board of supervisors, said the supervisors found out about the work too late to do anything about it.

He said the township has a copy of the commission’s project plans, but it is an extremely lengthy and complicated document.

Piper said it takes an engineer to understand such plans.

The supervisors said they would ask the commission to notify the township before doing any work on township roads in the future.

In unrelated business, the supervisors agreed to seek state approval for its plans to obtain a $1.3-million bank loan to construct a recreation center.

Supervisor Curtis Matthews said the supervisors selected First National Bank from four lending agencies that submitted loan proposals, but financing and construction documents have to be sent to the Department of Community and Economic Development for approval.

First National agreed to loan the money at 3.69 percent interest for 15 years, Matthews said.

The township has already purchased a 2.7-acre lot on Commonwealth Drive for the center.

Supervisors decided to seek a bank loan to help finance construction of the center after several years of seeking government grants were unsuccessful. The supervisors also plan to use some money from township coffers for the project.

In other business, the supervisors:

n Adopted an ordinance vacating part of Woodstock Avenue in Hopwood, reducing the public right of from 50 to 35 feet wide. The move was made to accommodate a home, which a survey revealed was built in the right of way.

n Transferred ownership of a sewage line serving Laurel Estates to the sewage authority.