M I N U T E S AGENDA MEETING OF HAMPTON TOWNSHIP COUNCIL WEDNESDAY, NOVEMBER 14, 2018

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1 AGENDA MEETING OF WEDNESDAY, NOVEMBER 14, 2018 President Peters called to order the Agenda Meeting of Hampton Township Council immediately following the Special Meeting in the Council Chambers of the Municipal Building located at 3101 McCully Road, Allison Park, Pennsylvania. Those present: M. Peters, President; B. Blackburn, R. Dunlap, C. Johnson, S. Neugebauer, Members; J. Speakman, Controller, V. Tucceri, Legal Counsel; W.C. Lochner, Municipal Manager. PRESENTATION OF THE PROPOSED 2019 TOWNSHIP BUDGET Mr. Lochner stated that this is a procedural item and the members of Council have already been presented with copies of the proposed Budget. He explained that a public hearing must take place on December 5, 2018 in conjunction with the Township s Home Rule Charter. DISCUSSION REGARDING THE APPOINTMENTS TO THE TOWNSHIP S UNIFORM CONSTRUCTION CODE BOARD OF APPEALS Mr. Lochner commented that this item is a follow up to action that was taken at the beginning of the year when Council established a UCC Board of Appeals. He noted that the Township solicitor has determined that the members of the Planning Commission can legally serve as these board members. The proposed appointments and terms are listed in the agenda for this meeting. Mr. Lochner requested approval of these appointments at the end of the month if they are acceptable to Township Council. DISCUSSION REGARDING THE 2019 TAX AND REVENUE ANTICIPATION NOTE Mr. Lochner provided clarification regarding why the TRAN is necessary for the Township. He recommended that the 2019 TRAN be for the amount of $2,000,000, which is a reduction from the 2018 amount of $2,250,000. He requested that Council give authorization to obtain RFP s for the TRAN in November so that they can be decided on December. DISCUSSION REGARDING THE INFORMATION TECHNOLOGY CAPITAL BUDGET REQUESTS FOR: 1. RECONFIGURATION OF THE MUNICIPAL DATA CENTER, AND 2. MUNICIPAL BUILDING ACCESS CONTROL Rich Zech, Director of Information Technology for Hampton Township, explained that the Township earmarked $25,000 in 2017 for updating MDT s in the police vehicles. After that time, the HTPD decided to use a different model of vehicle, which have some of the infrastructure needs already built in. As such, it was not necessary to replace the equipment in the police vehicles at that time. He requested that the funds that were allocated for the MDT s be used for installing the access control system in the Municipal Building, as well for the reconstruction of the server room 1

2 into a Finance office. Mr. Zech stated that the cost for these two expenditures is not to exceed $25,000, which is the same amount that was allocated for the MDT s. Mr. Speakman explained the reasoning behind the requirement for Council to vote on Capital Budget expenditures. He noted that this allows them to assess the current capital needs and financial status of the Township before authorizing expenditures. Mr. Speakman remarked that the current financial needs for previously authorized capital projects is unclear. Two capital projects, namely the Sports Courts Project and the Yarmouth Drive stormwater line replacement, have both gone over Budget. He added that a possible surcharge could also put the paving program over Budget. Since the final invoicing for these projects has not yet been received, he recommended that the vote on these requests be delayed to December when Council will have a clearer picture of the financial status of this account. Several comments were exchanged regarding the funding sources for the renovations to the server room. Mr. Peters and Mr. Zech discussed the Municipal Building access control project. DISCUSSION REGARDING THE NEW POLICE LABOR AGREEMENT/CONTRACT Mr. Lochner stated that the solicitor s office is currently reviewing the agreement and it may or may not be ready for a vote this month. If it is not ready, then this item will be tabled to December. DISCUSSION REGARDING THE PROFESSIONAL SERVICES CONTRACT DOG CONTROL Chief Vulakovich stated that this is a yearly item. He requested Council s approval of the professional services contract for Hoffman Kennels. He provided a brief overview of the services provided by Hoffman Kennels. Chief Vulakovich noted that this is the only kennel in this area that can meet the Township s needs. He added that he contacted all of the police departments in the surrounding areas and verified that they all use Hoffman Kennels as well. Chief Vulakovich reported that he also contacted the State Dog Warden to ask if he had any suggestions for another option. He reported that there were only two other kennels and both of those had their licenses revoked for failure to comply with State regulations. The Dog Warden recommended that the Township continue using Hoffman Kennels and, as such, Chief Vulakovich requested that Council accept the contract beginning January of Mr. Dunlap inquired if there is a price change in the new contract. Chief Vulakovich replied yes and stated that there is a $5.00 change. Ms. Blackburn remarked that the problem with Hoffman Kennels is that it is a 45-minute drive from Hampton Township. For any residents whose dog accidentally gets loose, they must travel 90 minutes round-trip to pick up their dog. Also, she stated that their hours of operation are during working hours Monday through Friday, which is very difficult for working people. She noted that, while she appreciates that there is no other option, there have been many complaints about Hoffman Kennels and they are also not a good option. 2

3 DISCUSSION REGARDING THE SHACOG FALL COMMODITIES BID PROGRAM Mr. Zarenko stated that this item is standard operating procedure for the Township. He added that several of the items on the list are used for the snow and ice removal program. Mr. Zarenko reviewed his memo outlining the particulars of the bid program. He commented that the items on the list are purchased only as-needed and there is no obligation to purchase anything. DISCUSSION REGARDING THE WPCP FACILITY UPGRADE DESIGN ENGINEERING PROPOSAL KLH ENGINEERS Eric Tissue with KLH Engineers was in attendance to present a proposal for the design and inspections related to the upgrades to the WPCP. He requested Council s approval of the proposal at the end of the month, which will officially begin the project. Mr. Peters requested a project schedule, which Mr. Tissue agreed to provide to the members of Council. Mr. Dunlap and Mr. Tissue discussed a broad summary of the project schedule. Mr. Speakman and Mr. Tissue exchanged several remarks regarding the timeline for the replacement of the Glannon Pump Station. DISCUSSION REGARDING THE PROPOSED ORDINANCE AMENDING THE SANITARY SEWER CAPITAL FEE Mr. Lochner requested the authorization to advertise an ordinance related to adjusting the Township s sewer fees. He reported that the solicitor s office is preparing the ordinance draft. He noted that all of the rate adjustments will be contained in the ordinance, including those for future years. Mr. Peters asked for a comparison list of the sewer rates in the surrounding municipalities. DISCUSSION REGARDING THE PROPOSED FIREWORKS ORDINANCE Mr. Orban remarked that the Township has received the County s review of the proposed ordinance and a public hearing is scheduled for November 28, 2018, after it could be enacted by Council. Mr. Orban summarized the contents of the ordinance, noting that it is based on the State Fireworks Act. Dr. Johnson pointed out a discrepancy on Page 5, Item Q of the draft regarding a prohibition on the sale of fireworks to visibly intoxicated individuals in permanent facilities but not in temporary facilities. She asked if this prohibition could be added for temporary facilities as well. Mr. Orban replied that this would most likely cause the requirement for a re-review by the County; however, he agreed to discuss this with the solicitor s office. Mr. Lochner recommended adopting the ordinance and amending it later to include this provision. DISCUSSION REGARDING THE PROPOSED MEDICAL MARIJUANA ORDINANCE Mr. Orban stated that this item has been fully vetted and the review comments from Allegheny County have been received. He added that a final public hearing has been scheduled for November 28, 2018, after which he recommended that Council enact the proposed ordinance. 3

4 DISCUSSION REGARDING THE PROPOSED STORMWATER MANAGEMENT ORDINANCE Andy Banfield, the Township s stormwater engineer with PVE LLC., was in attendance to discuss this item. Mr. Banfield discussed the changes in the new Stormwater Management Ordinance from the existing one that was enacted in He noted that Allegheny County has mandated that all municipalities either enact the County s SWM Ordinance or enact their own version that is more stringent. Mr. Banfield remarked that the NHCOG SWM Ordinance, which is what the Hampton ordinance is based on, is much stricter than the County s ordinance while upholding the context contained in it. He stated that the proposed SWM Ordinance also addresses the Township s MS4 requirements. Dr. Johnson and Mr. Banfield discussed the omission of Appendix G from the draft. Mr. Orban stated that this appendix will be included in the final enacted ordinance. He added that the Township is legally required by Allegheny County to adopt this ordinance this year. For this reason, he recommended that Council enact this ordinance and then make any desired changes at a later date. Merrit DesLauriers of 5152 Lakewood Drive asked if there is a forum for public comment on the proposed SWM Ordinance. Mr. Lochner explained that the Township must enact this in the 2018 calendar year, so there is not time for changes to the draft at this point. He noted that residents may petition Council to amend the ordinance with any recommended changes after the ordinance has been enacted. Mr. Lochner commented that the proposed Hampton SWM Ordinance is considerable stricter then Allegheny County s. He added that the NHCOG is specifically attempting to maintain consistency between all the SWM ordinances in the North Hills. DISCUSSION REGARDING THE PROPOSED FORESTRY ORDINANCE Mr. Orban commented that Council directed Township staff and the solicitor s office to review the current forestry and timber harvesting regulations in the Subdivision and Land Development Ordinance (SALDO) for any areas that need to be updated. He noted that the Public Meeting has been advertised and the ordinance could potentially be enacted at the next Council meeting. Mr. Orban commented that the State passed legislation about ten years ago that requires all municipalities to allow forestry or timber harvesting as a permitted use in all zoning districts. He briefly described the difference between the proposed Forestry Ordinance and the current forestry regulations in place in the SALDO. He detailed a forestry application that was recently submitted to the Township under the previous regulations. Mr. Orban commented that land development regulations have their own requirements for tree removal, so this ordinance would only apply to stand-alone forestry projects. Mr. Tucceri provided a brief summary of the reasoning behind establishing the forestry requirements as a stand-alone, non-zoning related ordinance. Ms. DesLauriers stated her concern that a property owner could apply for a forestry permit to clearcut their property and then apply for a PRD immediately after by using a different company name. She noted that State regulations prohibit using forestry for land development but questioned how this can be verified under the current requirements. She stated her concern that this could occur 4

5 on the Chalfant property if the Windmont Farms PRD application is denied. Ms. DesLauriers asked how this can be prevented. She inquired if a provision can be added to prohibit land development within a certain period of time after a forestry approval. Mr. Tucceri agreed to review this question and provide feedback. Mr. Orban remarked that a similar timing restriction was investigated when the ordinance was being drafted and he provided context on why it was ultimately removed. He added that this ordinance was created to prevent the exact scenario that Ms. DesLauriers described. Mr. Orban reviewed several of the provisions in the proposed ordinance that would prevent using forestry to circumnavigate the land development or stormwater regulations. He added that, as with the Stormwater Ordinance, residents can always petition Council for amendments after the ordinance has been enacted. Ms. DesLauriers stated an objection to requiring proof of expert witness testimony for the Windmont Farms public hearing prior to the meeting night in order to be allowed to speak. She asserted that, if a resident can secure an expert witness the day of the hearing, they should be allowed to enter that professional s comments into the record. Ms. DesLauriers added that this is not a courtroom and there is nothing in the ordinances that requires prior notification for expert witness testimony. Mr. Tucceri restated the conditions regarding the timing of submissions that have been imposed on the developer. He commented that, in fairness to the members of Council, they need to know in advance the general topic that the expert will present. Several more comments were exchanged regarding this matter. Mr. Tucceri remarked that, barring any unforeseen circumstances, this will be how Township Council will operate the public hearing to maintain order. DISCUSSION REGARDING THE REQUEST FOR RELEASE OF FUNDS FROM THE IMPROVEMENTS SECURITY FOR THE HAMPTON PLAZA REVISED SITE PLAN Mr. Orban stated that the Township engineer has reviewed this request and is recommending approval of the release. DISCUSSION REGARDING THE IMPLEMENTABLE COMPREHENSIVE PLAN RFP Mr. Orban reported that the RFP for the implementable comprehensive plan has been drafted and forwarded to Council for review. He commented that the key issues provided by Council were incorporated into the RFP. Mr. Orban reviewed the feedback that he received from an expert in the field regarding the drafted RFP. He asked for Council s input regarding the expert s feedback and noted that the key issues may change over the course of this process after comments are received from the steering committee and members of the public. Mr. Orban also asked for direction from Council regarding how many firms they would like the RFP to be sent to. 5

6 WINDMONT FARMS PRELIMINARY PLANNED RESIDENTIAL DEVELOPMENT (18-06) The applicant is proposing to develop approximately 63 acres off S. Pioneer Road as a Planned Residential Development (PRD) in an RB zoning district. The proposed development will consist of 12 duplexes and 40 single family houses for a total of 64 units. A public hearing is required. Should final approval be granted, the zoning map will be amended to a PRD-B classification for the property. Mr. Orban stated that this item will be removed from Council s agenda until January. OTHER BUSINESS Nothing was brought before Council for discussion. There being no further items for discussion, Mr. Peters adjourned the Agenda Meeting at 9:06 pm. Susan A. Bernet, Clerk of Council Michael L. Peters, President of Council 6