A pair of intersections in the township are still causing some concerns for Mahoning Township supervisors as they continue to attempt to get resolution from Lowe's and the Walmart Supercenter over separate issues at their respective intersections.
In the case of Lowe's, the supervisors are researching the history of the intersection at the Carbon Plaza Mall that was originally improved when Walmart owned the property. They are trying to determine what responsibilities went with the intersection in that agreement and how that agreement was supposed to handle when Lowe's took over the property. Part of the concern is there are currently two signs that are knocked down and need to be replaced which supervisors agreed 4-0 to replace and bill Lowe's for them.
"The original agreement with Walmart was they would pay for it [the maintenance of the signs, markings and lights]. There is still money in their escrow account. The agreement didn't just go away because Walmart sold the building to Lowe's," said Solicitor Tom Nanovic. While Lowe's currently owns the property that was originally Walmart's, they had not finalized an agreement with supervisors over exactly what their responsibilities would be.
Chairperson John Wieczorek said that at one time they had mentioned handling the maintenance but there is no official agreement finalized that follows through on that pledge. He pointed out that just because Lowe's said they wouldn't be responsible for the intersection doesn't make it so referring to Nanovic's comments about how the old agreement might govern the existing owner.
Supervisor Bruce Steigerwalt said he would attempt to call PennDOT again to see if they could provide the permit for the intersection to determine historically who was responsible for the lights, lines and signage. Nanovic said their copy of the permit might shed some light on the original agreement. The township had been unable to locate it until a previous solicitor supplied them with a copy of the draft but it was missing an attachment which no one was able to find in the records.
Nanovic said with regard to the signs that were knocked down, he believed that Lowe's should be responsible for paying for them but added that the township should replace them in the intersection and bill them.
Steigerwalt moved to have the signs erected again at Lowe's and directed the road crew to keep track of their time and costs so that Lowe's could be billed. The motion carried 4-0.
The new intersection at the Walmart Supercenter also has a pending agreement that has been on the table for months, but supervisors have been unable to make any progress with the company. They did note that one of the signals seems to not be installed correctly. Supervisor Frank Ruch noted every time a storm comes through the valley it seems to skew the light.