M I N U T E S REGULAR MEETING OF HAMPTON TOWNSHIP COUNCIL WEDNESDAY, NOVEMBER 28, 2018

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1 REGULAR MEETING OF WEDNESDAY, NOVEMBER 28, 2018 President Peters called to order the Regular Meeting of Hampton Township Council at 7:30 pm in the Council Chambers of the Municipal Building located at 3101 McCully Road, Allison Park, Pennsylvania. Those present: M. Peters, President; R. Dunlap, C. Johnson, S. Neugebauer, Members; J. Speakman, Controller; M. Cromer, Legal Counsel; W.C. Lochner, Municipal Manager. Mr. Peters stated that Ms. Blackburn is excused from the meeting. APPROVAL OF MINUTES Dr. Johnson moved for the approval of the minutes for the Regular Meeting held October 24, 2018, the Special Meeting held November 14, 2018, and the Agenda Meeting held November 14, Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. CITIZEN AGENDA MATTERS Gavin Farrell of 2787 Florence Drive stated that Mr. Zokaites, the owner of the Pike Plan lot located on S. Pioneer Road, was recently permitted by the Township to remove trees from the property, but now there is a Stop Work Order posted on-site. He asked for an update on this project. Mr. Lochner explained that the contractor was required to post a bond in case any damage occurs to S. Pioneer Road as a result of this work. Since this has not yet been received, the Land Use Department posted a Stop Work Order until such time as the bond has been submitted to the Township. Mr. Lochner clarified that, while a Forestry Permit is not required based on the value of the timber being harvested, the Township has the right to require a bond for any Townshipowned roads being used for commercial purposes. He provided additional insight into the bonding and inspection process. PUBLIC HEARING PROPOSED FIREWORKS ORDINANCE Dr. Johnson moved to open the Public Hearing for the proposed Fireworks Ordinance. Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. Merrit DesLauriers of 5152 Lakewood Road requested a summary of the regulations in the proposed ordinance, which Mr. Orban provided. Mr. Dunlap moved to close the Public Hearing for the proposed Fireworks Ordinance. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. 1

2 PUBLIC HEARING PROPOSED MEDICAL MARIJUANA ORDINANCE Mr. Peters noted that this hearing was continued from a prior meeting and, as such, is still open. No comments were offered by the members of Council or the audience. Dr. Johnson moved to close the Public Hearing for the proposed Medical Marijuana Ordinance. Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. APPOINTMENTS TO THE TOWNSHIP S UNIFORM CONSTRUCTION CODE BOARD OF APPEALS Mr. Lochner and Mr. Orban recommended the following appointments to the new Uniform Construction Code Board of Appeals. Mr. Lochner stated that all the members of the Planning Commission have agreed to serve on the new UCC board and the solicitor s office has verified that this is permissible. Mr. Dunlap moved for the appointment of Ron Deems to the UCC Board of Appeals for a term expiring on December 31, 2019, for the appointment of Dan Nugent and James Venture to the UCC Board of Appeals for terms expiring on December 31, 2020, and for the appointment of Dean Hess and Jeffrey Bauman to the UCC Board of Appeals for terms expiring on December 31, Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. AUTHORIZATION TO OBTAIN RFP S FOR THE 2019 TAX AND REVENUE ANTICIPATION NOTE Mr. Lochner stated that this is a yearly housekeeping item. He noted that this is simply a request to obtain RFP s. Mr. Dunlap moved for the authorization to obtain RFP s for the 2019 Tax and Revenue Anticipation Note. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. AUTHORIZATION TO PURSUE THE FOLLOWING CAPITAL BUDGET REQUESTS: 1. RECONFIGURATION OF MUNICIPAL DATA CENTER, AND 2. MUNICIPAL BUILDING ACCESS CONTROL Mr. Speakman summarized his previously stated recommendation to defer this item to December, as per the discussion at the previous Council meeting. Based on the comments from the Controller, Mr. Lochner recommended that this item be tabled to December. 2

3 Mr. Dunlap moved to table the authorization to pursue the following Capital Budget requests: 1. Reconfiguration of the Municipal Data Center, and 2. Municipal Building access control. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. NORTH HILLS COUNCIL OF GOVERNMENTS MONTHLY REPORT A copy of the North Hills Council of Governments monthly report was included as a part of Council s agenda packet. WATER AUTHORITY MONTHLY REPORT A copy of the Water Authority monthly report was included as a part of Council s agenda packet. ENGINEER S MONTHLY REPORT GATEWAY A copy of the engineer s monthly report from Gateway was included as a part of Council s agenda packet. LEGAL COUNSEL MONTHLY REPORT A copy of the legal counsel monthly report was included as a part of Council s agenda packet. CONTROLLER S/MANAGER S MONTHLY REPORT Mr. Speakman had no additional comments, other than to note that the 2018 TRAN has been fully paid off. APPROVAL OF THE NEW POLICE LABOR AGREEMENT/CONTRACT Mr. Lochner stated that the final copy of the agreement has not yet been received. Ms. Cromer noted that the solicitor s office is making several minor revisions; however, she recommended approval of the contract subject to the execution of those changes. Mr. Dunlap moved for the approval of the new Police Labor Agreement/Contract subject to the execution of the recommended changes by legal counsel. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. APPROVAL OF THE PROFESSIONAL SERVICES CONTRACT WITH HOFFMAN KENNELS Mr. Lochner remarked that Hoffman Kennels is the Township s current provider and seems to be the only provider in the area that can meet the Township s needs. As such, Mr. Lochner recommended approval of the professional services contract with Hoffman Kennels, in 3

4 conjunction with the memo from Chief Vulakovich dated October 16, Dr. Johnson noted that Page 2, Item B of the contract specifies that captured dogs will be held for a period of five (5) days after notification of the owner and will be provided with food and water; however, there is no similar provision for stray dogs. She asked that a revision be made to the contract to clarify that stray dogs are also provided with food and water while at Hoffman Kennels, which Mr. Lochner agreed to. Dr. Johnson moved to table the approval of the professional services contract with Hoffman Kennels. Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. PUBLIC SAFETY MONTHLY REPORT A copy of the Public Safety monthly report was included as a part of Council s agenda packet. EMS MONTHLY REPORT A copy of the EMS monthly report was included as a part of Council s agenda packet. Mr. Peters and Mr. Lochner discussed the timeframe for the completion of the rebranding of all the ambulances to display Shaler Hampton EMS. AWARD OF CONTRACTS WITH REGARD TO THE SHACOG FALL COMMODITIES BID PROGRAM Mr. Lochner stated that Council s approval of this item will lock in the prices for these commodities, with no obligation from the Township to purchase anything from the list. He noted that Mr. Zarenko s memo dated October 25, 2018 further details the program and commodities. Dr. Johnson moved for the award of contracts with regard to the SHACOG Fall Commodities Bid Program. Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. COMMUNITY SERVICES MONTHLY REPORT A copy of the Community Services monthly report was included as a part of Council's agenda packet. APPROVAL OF THE WPCP FACILITY UPGRADE DESIGN ENGINEERING PROPOSAL PRESENTED BY KLH ENGINEERS Mr. Peters noted that an overall project timeline was delivered by KLH Engineers to the members of Council. 4

5 Mr. Dunlap moved for the approval of the WPCP Facility Upgrade Design Engineering Proposal presented by KLH Engineers, as per the October 12, 2018 letter from KLH Engineers. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE AMENDING THE SANITARY SEWER CAPITAL FEE Mr. Lochner commented that this item is in conjunction with the 2019 Township Budget. Mr. Dunlap moved for the authorization to advertise a proposed ordinance amending the Sanitary Sewer Capital Fee. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. ENVIRONMENTAL SERVICES MONTHLY REPORT A copy of the Environmental Services monthly report was included as a part of Council s agenda packet. OTHER ENVIRONMENTAL SERVICES BUSINESS Mr. Degnan reported that the DES CCTV vehicle arrived today, which is the replacement camera vehicle that was approved earlier this year. He noted that there are several minor modifications needed but it should be on the road within the first quarter of next year. Mr. Peters and Mr. Degnan discussed the scope of the repairs that will be needed to fix a previously discovered sewer line break on Hamlet Drive. Mr. Degnan described the extent of the problems and the temporary solution that was installed to maintain service until a permanent repair can be completed in He noted that KLH Engineers has been made aware of the project and asked to begin an engineering estimate to fix the multitude of problems. Mr. Lochner clarified several possible considerations that may factor into the ultimate solution. He emphasized that everyone in that area still has service and explained the importance of utilizing a temporary repair so that a complete assessment of the damages to the infrastructure can be performed. APPROVAL OF THE REQUEST FOR RELEASE OF FUNDS FROM THE IMPROVEMENTS SECURITY FOR THE HAMPTON PLAZA REVISED SITE PLAN Mr. Orban summarized the Hampton Plaza Revised Site Plan application and noted that Township staff and the engineer are recommending approval of the requested release. Mr. Dunlap asked for the specific amount being released, to which Mr. Orban replied $4,690. Mr. Dunlap moved for the approval of the request for the release of $4,690 from the improvements security for the Hampton Plaza Revised Site Plan. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. 5

6 ENACTMENT OF THE PROPOSED STORMWATER MANAGEMENT ORDINANCE Mr. Orban remarked that the Township stormwater engineer was in attendance at the previous meeting to present this proposed ordinance. He noted that this update is being made in conjunction with the NHCOG and is mandated by Allegheny County to bring the various municipal stormwater ordinances into compliance with the new County ordinance. Mr. Orban remarked that Appendix G has been added to the drafted ordinance in accordance with a comment at a previous Council meeting and, as such, the ordinance is ready for enactment if Council wishes. Mr. Dunlap moved for the enactment of Ordinance No. 815, the Stormwater Management Ordinance. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. ENACTMENT OF THE PROPOSED FORESTRY ORDINANCE Mr. Orban reviewed the Township s current forestry regulations contained in the Subdivision and Land Development Ordinance. He remarked that Council directed Township staff to review the current regulations and draft a stand-alone ordinance that is more stringent than the current regulations. Mr. Orban noted that a comment was made by a resident during a previous review of the proposed ordinance requesting consideration of a prohibition on land development for a certain period of time after a property has been forested. This request was reviewed by Township legal counsel, who proposed the following change, adding Section 10. B. to the ordinance. Mr. Orban read Section 10. B. into the record, which states: If any application is submitted in accordance with the Township s zoning and land use ordinances within three (3) years of the date of approval of a timber harvesting permit under this Ordinance, then the application under the applicable zoning and land use ordinance shall be reviewed as if the property was in the same condition as it were immediately prior to the approval of the timber harvesting permit. This requirement is intended to prevent the use of a timber harvesting permit to circumvent the respective requirements governing the placement and removal of trees in accordance with an application under the Township s zoning and land use ordinances. Mr. Orban stated that the solicitor s office believes that this section is a defensible solution to the resident s concern and has recommended that it be added to the proposed ordinance. Merrit DesLauriers of 5152 Lakewood Road asked if a tree survey will be required prior to the Township issuing a Forestry Permit. She questioned if this is how the pre-development condition will be recorded. Mr. Orban answered yes. Gavin Farrell of 2787 Florence Drive asked why the land development restriction is in place for only three years and not longer. Ms. Cromer replied that the solicitor s office felt that this would be the most legally defensible timeframe, following the significant amount of research done. 6

7 Mr. Dunlap moved for the enactment of Ordinance No. 816, the Forestry Ordinance. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. ENACTMENT OF THE PROPOSED FIREWORKS ORDINANCE Mr. Orban commented that public comment has been taken and, at this time, Township staff and legal counsel are recommending enactment of the proposed Fireworks Ordinance. Dr. Johnson moved for the enactment of Ordinance No. 817, the Fireworks Ordinance. Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. ENACTMENT OF THE PROPOSED MEDICAL MARIJUANA ORDINANCE Mr. Orban stated that Allegheny County has reviewed and approved all the proposed changes. He detailed the changes that were made to the previous draft of the ordinance. Mr. Orban recommended enactment of the proposed Medical Marijuana Ordinance. Mr. Dunlap moved for the enactment of Ordinance No. 818, the Medical Marijuana Ordinance. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. DISCUSSION REGARDING THE IMPLEMENTABLE COMPREHENSIVE PLAN RFP Mr. Orban noted that the members of Council have been presented with the final draft of the RFP for the implementable comprehensive plan. He remarked that a list of potential consultants has been included and, with Council s approval, the RFP can be mailed to the firms on this list in the next week. Mr. Dunlap moved for the authorization for the Land Use Administrator to mail out the RFP for the implementable comprehensive plan. Dr. Johnson seconded the motion and a roll call vote was unanimously in favor. Merrit DesLauriers and Mr. Peters discussed the potential for citizen involvement in the implementable comprehensive plan update process. Mr. Orban detailed the numerous ways that resident input will be incorporated into the comprehensive plan. Ms. DesLauriers asked if the solicitor s office has determined whether the tree variance for Windmont Farms is still applicable since the plan has been revised. Ms. Cromer replied that this matter is still under review. Brian King of 2700 W. Hardies Road asked what the definition of a Primary Natural Resource is, which is listed in the current Comprehensive Plan. He also asked why it is listed on the maps in the Comprehensive Plan if it does not have any meaning. Mr. Orban commented that Mr. King has voiced these concerns at several EAC and PC meetings. His questions were forwarded to the Township engineer, who is reviewing them and will be prepared to address them at the Windmont Farms public hearing. Mr. King asked if a tree count was performed for the Pike Plan lot, the 7

8 property on S. Pioneer Road on which active tree removal is occurring. Mr. Lochner replied no and noted that a forestry permit was not required since the project falls under the economic exemption listed in the current forestry regulations. Since no permit was required, no tree count could be requested. Several comments were exchanged between Mr. King and Mr. Lochner regarding the markings on the trees at the Pike Plan site and the adjacent Windmont Farms site. Gavin Farrell and Mr. Lochner discussed the exemption from the forestry regulations that was claimed by the owner of the Pike Plan property on S. Pioneer Road. Mr. Farrell expressed a concern that the tree clearing will increase the flooding in this area. Mr. Lochner explained the legalities behind the Township s ability to regulate forestry. Mr. Farrell asked if something can be done to limit the flooding in Crouse Run that will affect the residents in that area. Mr. Orban detailed the Allegheny County Conservation District regulations regarding permitting and erosion and sedimentation control. Mr. Orban noted that inspectors with the ACCD will be monitoring the site throughout the tree removal process. He added that the property owner will be required to revegetate the property as per the County s requirements once the tree removal has been completed. Mr. Farrell and Mr. Orban discussed the appropriate way for residents to report any problems they observe with the site. ZONING AND PLANNING MONTHLY REPORT A copy of the Zoning and Planning monthly report was included as a part of Council s agenda packet. OLD BUSINESS Nothing was brought before Council for discussion. NEW BUSINESS Mr. Lochner provided a summary of the upcoming Holiday Season Greeting Celebration on December 6, 2018 in the Community Center and Al's Bike Drive on December 6, 2018 at the Wildwood Country Club. Mr. Lochner provided a summary of the Al s Bike Drive program. Mr. Lochner reported that the VFD merger consultant had a meeting with the two departments and interviewed participants in both the departments, as well as stakeholders in both the Township and the 911 center. Mr. Lochner reported that the Township is hoping to have a preliminary report by the end of 2018 or early Mr. Lochner reported that Ms. Bernet and Chief Vulakovich have been working with the residents in the Hemlocks plan regarding a parking dilemma. He noted that the number of cars per home has grown to exceed the initial estimates from when the plan was developed. He noted that the Township can no longer gain access to the bottom of the cul-de-sac for snow removal and emergency access due to homeowners using their driveways for additional storage. Mr. Lochner 8

9 discussed the steps that have been taken to broach this subject with the residents and noted that the Township may work with the Hemlocks HOA in the coming months regarding this issue. Mr. Lochner commented that the Township was previously involved in an aggressive driving program along the Route 8 corridor years ago. However, past Councils have elected not to participate due to a feeling that the program amounts to headhunting Township residents. He explained the State program, noting that it provides grant funding from PennDOT for the HTPD to patrol the Route 8 corridor and issue tickets to aggressive drivers. Mr. Lochner remarked that the Township has received pressure to reenter the program and the Chief would like to know how to proceed. He remarked that Council can either elect to continue with the current policy and decline to participate, or join the program, which would offset the overtime police costs with grant funds. Mr. Lochner commented that signage would be displayed stating that drivers are entering a targeted driving enforcement zone. Dr. Johnson asked if there has been an increase in accidents on the Route 8 corridor that would merit participation. Mr. Lochner was not aware of this being the case. Mr. Speakman asked if PennDOT will assign State Troopers to this area if the Township declines, to which Mr. Lochner replied no. Dr. Johnson asked how long the program would last. Mr. Lochner answered that it is a 60-day program, with enforcement happening on a periodic basis. Mr. Lochner stated that this is a policy decision and summarized the past policy of Council. Dr. Johnson asked if they will only target aggressive driving or if they will also target distracted driving, including texting while driving. Mr. Lochner answered that PennDOT considers distracted driving as aggressive driving. Mr. Dunlap asked if Richland and Shaler Townships are participating. Mr. Lochner replied yes and noted that Etna is involved as well. Mr. King and Mr. Lochner discussed the program guidelines and grant funding. Mr. Speakman asked if this would be overtime for the police officers, to which Mr. Lochner replied yes. Mr. Dunlap asked if the grant funding will cover the entirety of the Township's overtime costs. Mr. Lochner remarked that this is usually the case. Mr. Lochner and Dr. Johnson exchanged several remarks regarding the parameters of the program. Dr. Johnson commented that she would be in favor of joining the program due to an increase in distracted driving and the associated dangers of this. Mr. Dunlap remarked that he would oppose participating because he is not in favor of targeting the Township's residents with mandatory ticketing. He noted that, since there is no discretion for the officer to issue a warning, he cannot support joining the program. Several inaudible comments were offered from unidentified members of the audience. Mr. Lochner discussed the possible hours that the citations could be issued. Ms. Neugebauer asked how often PennDOT runs this program. Mr. Lochner answered that it usually occurs once or twice per year. Mr. Peters commented that, since the program rewards issuing citations and does not allow for the issuing of warnings, he also does not feel he could support joining the program. Several comments were exchanged with the audience regarding the meaning of the term "headhunting." Mr. Speakman clarified that Hampton police officers can still use their own discretion to issue citations to aggressive or erratic drivers that they observe while on normal patrol. Additional inaudible comments in support of the program were offered from the audience. 9

10 Mr. Peters requested that Council consider this matter over the following week for a possible vote at the next Council meeting. There being no further items for discussion, Mr. Peters adjourned the Regular Meeting at 8:31 pm. Susan A. Bernet, Clerk of Council Michael L. Peters, President of Council 10