TOWNSHIP OF O HARA COUNCIL REGULAR MEETING MINUTES MARCH 8, 2011

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1 TOWNSHIP OF O HARA COUNCIL REGULAR MEETING MINUTES MARCH 8, 2011 I. OPENING PROCEDURES A. Call to Order by President Smith at 7:16 p.m. B. Roll Call Council Members Present: Robert John Smith, President of Council; Brian R. Kozera, Sr., Vice President of Council; Charles Vogel, First Ward; Mark F. Rothert, Second Ward; John R. Denny, Jr.*, Fourth Ward; Alan C. Templin, Fifth Ward; Bart E. Bodkin, At-Large Also Present: Richard A. Stampahar, Treasurer; Julie A. Jakubec, CPA, Township Manager; Dan Garfinkel, Township Solicitor; Charles W. Steinert, Jr., P.E., Township Engineer; Loren R. Kephart, Public Service Superintendent; James R. Farringer, Police Superintendent; Cathy Bubas, Manager s Secretary * Indicates late arrival. II. APPROVAL OF MINUTES A. Council Public Hearing February 8, 2011 B. February 8, 2011 C. Council Workshop February 8, 2011 Mr. Bodkin noted his name is not included in the Roll Call, but his name does appear later in the minutes. Motion by Vice President Kozera, Sr. to approve the minutes as corrected was seconded by Mr. Rothert and carried unanimously. III. FINANCE A. Receipts and Expenditures Records January 2011 Motion by Mr. Templin to accept the January 2011 Receipts and Expenditure Records as presented was seconded by Mr. Vogel and carried unanimously. B. Vouchers February 2011 Motion by Vice President Kozera, Sr. to approve the February 2011 Vouchers as presented in the amount of $700, was seconded by Mr. Rothert and carried unanimously. 1

2 C. Treasurer s Report Mr. Stampahar referenced the ALCOSAN bill in the amount of $313,000 and salt purchases in the amount of $49,000. He recalled comments from residents stating O Hara Township has the best road plowing. IV. REPORTS President Smith explained for the benefit of the Boy Scouts in attendance that members of Council represent the Township on outside agency boards. A. Other Organizations and Agencies Reports Mr. Rothert noted O Hara Township is one of seven participating communities for ARTEZ, Allegheny River Towns Enterprise Zone, which is funded by the State. O Hara Township is an enterprise Zone which entitles the Township to certain benefits to bring jobs to this area. The annual meeting is scheduled for Wednesday, March 16, 2011 at the Millvale Community Center beginning at 5:00 p.m. The key speaker is the Acting Secretary of the Pennsylvania Department of Environmental Protection. Manager Jakubec stated ARTEZ has grant money available which has helped bring jobs to RIDC. Mr. Rothert stated Thar Technologies is one business that installed a geothermal heating unit and ARTEZ assisted with obtaining low interest rate loans. Vice President Kozera, Sr. stated the next North Hills Council of Governments agenda includes discussion of the trash collection contract. The Manager added that the Township has a one-year option remaining on the current contract, but wants to bid the trash collection services to see where the prices come in. She noted Fox Chapel Borough received a good deal with Vogel Disposal. The Township also wants to include corrugated cardboard in the recycling program. Manager Jakubec explained the purpose of the North Hills COG. Mr. Bodkin asked if bids would be solicited as a group with separate contracts for each community. Vice President Kozera, Sr. explained the Township could bid through the North Hills COG, but if the Township were to opt out of the bid, the prices for the participating communities would change. Manager Jakubec stated the contract includes specific items for each community, such as billing. Vice President Kozera, Sr. asked if curbside collection would be considered for the Township. Manager Jakubec acknowledged some communities are looking at automated pick-ups, which is multiple containers lifted and emptied all at one time. If the Township were to pursue automated pick-ups, she would seek grant funding through the PA DEP 904 recycling grant. She also noted the contractor would need to have enough vehicles for automated pick-ups. Mr. Rothert noted Fox Chapel Borough offers back-door pick-up. The Manager stated the Township offers back-door collection with a written doctor s excuse. B. Monthly Departmental Reports President Smith explained every month each department provides reports for Council s review. 2

3 Vice President Kozera, Sr. extended thanks to the Code Enforcement Officer for following up on the demolition of a structure located at 79 Kittanning Pike. He also suggested discussion of trailers and boats parked on residential properties during a future workshop. It was noted some areas do not have a place to park resulting in trailers and boats parked along the roads. Manager Jakubec stated the parking of trailers and boats is a zoning issue. Such situations are complaint driven. Vice President Kozera, Sr. noted the amount of time the Police and Code Enforcement Officer spend addressing a complaint. Mr. Bodkin questioned the Township s recourse. Manager Jakubec explained if the Township receives a complaint, staff tries to work with the resident. However, a process may need to be considered for people that have no other option than to park along the road. C. Manager s Report Mr. Bodkin requested the Manager explain her role in managing the Township. Manager Jakubec explained that she is in charge of the daily operations of the Township. The Township is under a Home Rule Charter, which establishes a set of rules to be followed. Mr. Bodkin questioned the impact of the Governor s proposed budget on the Township. The Manager stated the Governor s budget is tight, and she did not see much available in State grants. She noted the Township has been very successful with receiving recycling grant funds in the past. Grant funds have been reduced as well as PennVest loans. The Manager anticipated the Township would seek floating a sewer revenue bond for sewer work. Mr. Bodkin recalled discussion of possible radon contamination of the water supply in relation to Marcellus shale drilling, and questioned if the Township or water authorities needed to do anything to be proactive. The Manager stated by passing the ordinance the Township is being proactive. Most entities are waiting to review the State regulations, though she had not discussed the issue with Fox Chapel Authority or Hampton Water Authority. She noted folks are hoping the regulations catch up with the technology. Mr. Bodkin indicated the testing that s been done by Pennsylvania Department of Environmental Protection sounds good. Manager Jakubec recalled two recent fires occurred in Washington County within the last two weeks as a result of Marcellus Shale Drilling issues. Mr. Bodkin questioned where the closest Marcellus shale drilling is occurring. Manager Jakubec explained in Frazer Township near the Pittsburgh Mills Mall. V. OLD BUSINESS A. Ordinance Second Reading and Adoption (1) Amending Zoning Ordinance No to Provide B Regulation of Gas Resources Development The Manager noted the Township Planning Commission completed its review of the subject ordinance during its January 17 th meeting and has recommended Council adopt the ordinance. A Public Hearing was conducted prior to the Regular Council meeting to receive public comments. She stated this is the first step in addressing Marcellus Shale Drilling. As court cases are resolved, the ordinance will be amended as necessary. 3

4 Motion by Vice President Kozera, Sr., seconded by Mr. Vogel, to adopt ordinance Bill No. B Manager Jakubec explained the ordinance does not single-out the gas industry, but rather requires gas companies to follow the same rules as any other business in the Township. *Mr. Denny, Jr. arrived at 7:40 p.m. President Smith noted other communities ordinances had been reviewed, the Township Solicitor reviewed this ordinance, and most gas drilling regulations are mandated per State law and the Pennsylvania Department of Environmental Protection. The Township may only control what is allowed by law. He also recalled Council had made a few changes to the ordinance. On roll call, the motion carried unanimously. VI. NEW BUSINESS A. Resolutions (1) Granting Final Land Development Approval to the Abarta B Plan Manager Jakubec stated the Plan involves the construction of a new 30,000 s.f. office building and required parking. The Planning Commission completed its review of the Plan at its February 14 th meeting and has recommended Council approval subject to nine conditions as listed in the resolution. She acknowledged a representative from Abarta was in attendance. Mr. Ray Sutherland, of GAI Engineering, explained a small portion of the Verizon substation was subdivided from the 7.5 acres. The lighting, landscaping and sewerage requirements have been met. Mr. Sutherland stated currently Abarta employs 40 people, and plans to expand the business. He noted Pennsylvania Department of Environmental Protection approvals are pending. President Smith verified the applicant was acceptable to the nine conditions. Vice President Kozera, Sr. inquired about the status of the stormwater management. Mr. Steinert, Jr., P.E. stated nothing should impact the stormwater management system. The plan provides for rain gardens and a bio-retention facility. Motion by Mr. Rothert to approve resolution Bill No. B was seconded by Mr. Templin and carried unanimously. (2) Awarding a Contract for Long Range Fire and EMS Study B The Manager recalled proposals were received for the preparation of a Long Range Fire and Emergency Medical Services Study. After reviewing the proposals, the Fire Funding Committee has recommended Matrix Consulting Group to prepare the Study in an amount not to exceed $25,

5 Motion by Mr. Denny, Jr. to approve resolution Bill No. B was seconded by Vice President Kozera, Sr.. President Smith acknowledged Mr. Denny, Jr. as the Council representative on the Fire Funding Committee and the Manager s involvement with the Committee. Mr. Bodkin questioned the time to complete the study. Mr. Denny, Jr. stated the study should be completed in six months, with anticipation of beginning the study in April. On roll call, the motion carried unanimously. (3) Authorizing the Advertising to Receive Bids for the 2011 Road Improvement Program B Manager Jakubec stated staff is requesting authorization to advertise to receive bids for the 2011 Township Road Improvement Program. Motion by Mr. Vogel to approve resolution Bill No. B was seconded by Vice President Kozera, Sr. Mr. Vogel noted the report lists tar and chip for the Raymond A. Schafer, Jr. Memorial Park parking lot. Mr. Steinert, Jr., P.E. recalled that had been corrected during the workshop, and Woodland Park parking lot was scheduled for tar and chip coatings. Manager Jakubec informed Council that no baseball leagues have scheduled Raymond A. Schafer, Jr. Memorial Park. On roll call, the motion carried unanimously. (4) Authorizing the Execution of an Agreement With Borough B of Fox Chapel for the Implementation of a Joint Road Improvement Program in 2011 The Manager explained in order to realize economies of scale, staff is recommending joint bidding with Fox Chapel Borough for the 2011 Road Improvement Program. It is anticipated that Fox Chapel Borough will request bids and separate contracts would be awarded by each municipality to the lowest responsible bidder. Motion by Mr. Denny, Jr. to approve resolution Bill No. B was seconded by Mr. Rothert. Mr. Denny, Jr. asked if consideration had been given to expanding the joint bidding with other municipalities such as Aspinwall Borough. Mr. Steinert, Jr., P.E. stated the Township has not reached out to Aspinwall Borough to join the Road Improvement Program bid, but has reached out to Shaler Township. Shaler Township prefers to bid the project themselves. Mr. Steinert, Jr., P.E. indicated the Township could reach out to Sharpsburg Borough to join in the Road Improvement Program bidding. 5

6 On roll call the motion carried unanimously. (5) Authorizing Joint Bidding With Fox Chapel Borough B for Engineering Inspection Services Manager Jakubec stated in order to realize economies of scale, staff is recommending joint bidding with Fox Chapel Borough for Engineering Inspection Services related to the 2011 Road Improvement Program. It is anticipated that Fox Chapel Borough will request bids and separate contracts would be awarded by each municipality to the lowest responsible bidder. Motion by Vice President Kozera, Sr. to approve resolution Bill No. B was seconded by Mr. Vogel and carried unanimously. (6) Authorizing Participation in Pennsylvania Department B of Transportation Sodium Chloride Bid and Contract Award to Selected Vendor Manager Jakubec recalled substantial price increase for rock salt in As a result, the Township has shared contracts with the North Hills Council of Governments and the State since the winter season. It is recommended that the Township continue to share the rock salt contracts with the State and North Hills COG for the upcoming winter season in order to maximize cost savings, and assure delivery of needed tonnage. Motion by Mr. Templin to approve resolution Bill No. B was seconded by Mr. Rothert and carried unanimously. (7) Authorizing the Advertisement to Receive Bids for B Restrooms at George Sacco Park The Manager recalled Council previously discussed the installation of restroom facilities at George J. Sacco Park. Staff is requesting authorization to advertise to receive bids for an ADA-accessible restroom facility in George J. Sacco Park. Motion by Vice President Kozera, Sr. to approve resolution Bill No. B was seconded by Mr. Vogel and carried unanimously. President Smith requested the Township Solicitor or Manager to explain the purpose of ordinances and resolutions and the voting procedures for each, which Manager Jakubec explained for the benefit of the Boy Scouts in attendance. B. Motions (1) Appointment to Township Boards and Commissions President Smith recalled Council had conducted interviews prior to the March 1 st workshop to fill vacancies on the Civil Service Commission, Fox Chapel Authority Board and Uniform Construction Code Board of Appeals. He requested a motion to appoint Rabbi Rosenfeld to the Township Civil 6

7 Service Commission, Mr. Eric Nolder to the Fox Chapel Authority Board, and Mr. Mike Spring to the Uniform Construction Code Board of Appeals. Motion by Mr. Vogel to appoint the above referenced individuals to the respective Boards and Commission, was seconded by Mr. Denny, Jr. and carried unanimously. VII. COMMUNICATIONS A. Citizens Mr. Brian Hurst, 809 Freeport Road, informed Council that the speed limit controls for the school crossing zone along north Freeport Road are not visible due to two lights and two signs hanging with the lights, in front of the speed limit controls. Mr. Steinert, Jr., P.E. indicated the two yellow flashing lights and 15 m.p.h. speed limit sign were recently replaced. The new signs were installed in the same location as the old signs. He would investigate the possibility of adjusting the signs, but noted the new signs were installed on existing poles. Mr. Hurst suggested decreasing the speed limit along Freeport Road. Mr. Steinert, Jr., P.E. explained Freeport Road is maintained by the State, but would request Pennsylvania Department of Transportation to lower the speed limit. Mr. Vogel cautioned about what you ask of Penn D.O.T. He noted such a request would require a traffic study and if 85% of the people travel at higher speeds, the speed limit could be raised. Mr. Denny, Jr. requested the police monitor speeding during school bus pick up and drop off hours. Manager Jakubec stated the police do monitor speeding along Freeport Road as much as possible, but they do need to respond to other calls. Police Superintendent Farringer explained that a speeding citation could not be issued until a person travels 51 m.p.h. in the 40 m.p.h. speed zone. He also stated it is not a legal school zone. Manager Jakubec requested staff place the speed trailer along Freeport Road for next week. Mr. Tom Powers, 1417 Powers Run Road, asked how much area is required for fracturing? Mr. Vogel stated 100 acres is required for fracking natural gas. The Managaer indicated the Township does not have very many large tracks of land for gas drilling. Mr. Denny, Jr. asked if multiple land owners could combine the lots to meet the requirement. The Manager stated multiple property owners could drill for natural gas if the properties were combined to meet the requirement. Mr. Powers noted concerns of contaminated water, and stated some gas companies are using kerosene instead of oil. Mr. Powers asked if the traffic signal timing at the intersection of Fox Chapel Road and Delafield Road would be adjusted, which Mr. Steinert, Jr., P.E. confirmed. B. Council Mr. Rothert suggested monitoring Fox Chapel Road due to the bus traffic during the baseball season, as children cross Fox Chapel Road from the municipal parking lot. He also proposed a crosswalk. Manager Jakubec explained Fox Chapel Road is maintained by Allegheny County, and the County does not favor a crosswalk. A traffic study would need to be performed, and the County may or may 7

8 not move forward with implementing a crosswalk. She noted Sergeant Slagel has monitored traffic speeds using the Enrad system. Vice President Kozera, Sr. suggested mailing letters to the baseball associations to inform them of the increased Port Authority bus traffic. Mr. Bodkin asked what Enrad is. Manager Jakubec explained the police are not permitted to use radar. The Township acquired Enrad thru a grant. Enrad allows the police to sit back so the police vehicle is not seen. Mr. Vogel noted the big parking lot available for the baseball parents to park on the same side of the road as the park so the kids don t have to cross Fox Chapel Road. The Manager indicated she would mail letters to the baseball associations to alert them of the changes in road conditions, and temporary signs could be installed to discourage crossing Fox Chapel Road. C. Staff No comments. VIII. ADJOURNMENT Motion by Vice President Kozera, Sr. to adjourn the regular meeting was seconded by Mr. Rothert and carried unanimously. The meeting adjourned at 8:17 p.m. and following a short break Council entered into the workshop. Attachment: Sign-In Sheet(s) Cathy Bubas, Manager s Secretary 8

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