An agreement has been reached in a complaint filed by Nesquehoning, involving the maintenance of four railroad crossings in the borough.
During the county commissioners' meeting on Thursday, the board voted on two actions authorizing Daniel Miscavige, county solicitor, to execute the stipulation settlement on behalf of the county, resolving the matter before the Pennsylvania Public Utility Commission. The complaint was filed by the Borough of Nesquehoning against Carbon and Schuylkill Railroad and the county. The Pennsylvania Department of Transportation was also named in the formal complaint.
Miscavige explained that the complaint, which was filed on Feb. 22, 2012 with the state PUC, dealt with who was responsible for the improvements of four railroad crossings. The crossings are located on Mermon Street, Allen Street and two on Industrial Road.
He continued that a resolution has been reached in the matter.
According to the stipulation of settlement, "the parties have agreed to a solution to address the borough's concerns with the crossings."
The conditions include that PennDOT will provide funding required for the installation of warning devices as a safety improvement at the Mermon crossing. C&S Railroad will provide funding and will complete the installation of a concrete panel surface of the crossing at the Mermon, and one Industrial Road crossing, install crossing timbers at the Allen Street and one Industrial Road Crossing, install safety warning devices at the Mermon crossing, maintain the device, and provide railroad inspectors during the paving work.
Nesquehoning will complete work on the approaches to the crossing, up to the concrete work completed by the railroad, and maintain the approach signage; perform all paving work required for the timber and asphalt crossing surface at the Allen crossing; and provide five-day detours necessary to the completion of all work at the crossings.
Miscavige pointed out that under the terms of the stipulation, "The county will not have any obligations to perform any services or incur any costs."