M I N U T E S REGULAR MEETING OF HAMPTON TOWNSHIP COUNCIL WEDNESDAY, APRIL 26, 2017

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1 REGULAR MEETING OF WEDNESDAY, APRIL 26, 2017 President Son 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: V. Son, President; R. Dunlap, C. Montgomery, P. Russ, Members; J. Speakman, Controller; C. Hallock, Legal Counsel; W.C. Lochner, Municipal Manager. APPROVAL OF MINUTES Mr. Montgomery moved for the approval of the minutes for the Regular Meeting held March 15, 2017 and the Agenda Meeting held April 12, Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. CITIZEN AGENDA MATTERS Lise Bilhaut of 4055 Jupiter Drive addressed Council regarding the Township s fencing regulations. She reported that she and her husband have found many ticks on themselves, and on their young daughter, after spending time outside on their property. She explained that ticks are carried by host animals, such as rodents and deer. Ms. Bilhaut described seeing upwards of ten deer grazing in her yard at certain times. Due to the prevalence of deer in her yard, she stated that she would like to fence in her back yard. Ms. Bilhaut commented that, after researching the most effective forms of fencing, she discovered that an 8 high fence is recommended due to the height that deer can jump. After reviewing the Township s Zoning Ordinance, she discovered that 6 is the maximum allowable height for fences. Ms. Bilhaut asked what are the reasons for limiting the height in side and back yards to 6, especially when fences around tennis courts are permitted to be up to 10 high. She also asked if it would be possible to consider amending the Zoning Ordinance to allow fences up to 8 high since this is the recommended height for preventing deer from entering the yard. Lastly, she stated that the spread of ticks and the prevalence of Lyme Disease have become public health issues in this area. She asked if Council has ever discussed this issue and/or possible solutions to the spread of host animals. Mr. Son thanked Ms. Bilhaut for her remarks. He discussed the process for amending the Zoning Ordinance. Mr. Son also reviewed the procedure for filing a variance request related to a section in the Zoning Ordinance. Ms. Bilhaut noted that a residential variance request costs $500, which could be difficult for many residents to afford. Mr. Son remarked that deer fencing, which is considered to be a temporary flexible see-through netting, is exempt from the fencing requirements in the Zoning Ordinance. Mr. Montgomery stated that she could always erect a 6 high fence and then add an extra 2 of deer fencing on top to prevent deer from jumping over it. Ms. Bilhaut requested verification that this would be legal under the Zoning Ordinance, to Mr. Son and Mr. Orban replied that it would be. She stated that this is a solution that could work for her. Mr. 1

2 Montgomery relayed his experiences with deer on his property. Ms. Bilhaut encouraged Council to consider this matter further as a public health issue. Mr. Russ noted that he lives in the same area and he has noticed the prevalence of deer. He offered to discuss this with her again at any point in the future and he wished her good luck with this solution. Chuck Miller of 4019 Cole Avenue addressed Council and stated that something needs to be done regarding the odors emanating from the Water Pollution Control Plant (WPCP). He remarked that on Easter Sunday his family was unable to sit outside or open the windows due to the smell. He noted that this was the case for most of the nice nights last summer as well. Mr. Son replied that Council is very aware of the odor situation at the WPCP. He reported that he lives in a neighborhood close by and has called the Director of the Department of Environmental Services, Jim Degnan, many times regarding this issue. Mr. Son added that temporary odor control measures have been put in place until the larger upgrades to the WPCP can be implemented. He reviewed the process that the Township has begun in order to initiate these upgrades, as well as the timeline for the various phases of the project. Mr. Son noted that the WPCP was built in 1972 and has experienced massive deterioration since that time. He explained that, while none of the current Council members were with the Township at that time, they are aware that these upgrades are necessary and have voluntarily initiated the process, beginning with an engineering feasibility study. Mr. Son detailed the review timeline for the process and remarked that it will take around 5 years in total. Mr. Miller expressed serious concern regarding the potential 5-year timeline. Mr. Son replied that, due to PA DEP regulations, as well as the scope and cost of the project, the Township cannot fast track this process. Mr. Russ stressed that the Township is moving as fast as it can, however, the DEP has its own review timelines, over which the Township has no control. Mr. Russ sympathized with Mr. Miller and his neighbors and he commented that Council will do everything it can to expedite the process as much as possible. Mr. Son noted that the best they can do right now is to try to mask the odors. He added that the digester has deteriorated so much that the Township is just trying to keep it operational. Mr. Montgomery and Mr. Lochner discussed the timeframe needed to construct the new plant. Mr. Miller stated that the smell was horrible during last year s St. Ursula s Fair. Mr. Son reiterated that the WPCP was built in 1972 by the Hampton Sewer Authority, which is an entity that no longer exists. Mr. Montgomery discussed the problem of people flushing things like paper towels, diaper wipes, and other types of material that are marketed as flushable but which are destroying the infrastructure and equipment at the plant. He explained that this causes clogs and prevents the system from processing the waste as it should, which leads to odor problems. Mr. Montgomery offered several more remarks regarding the specific problems at the WPCP and their causes. Donna Nock of 3973 Cole Avenue stated that she has lived on that property since 1991 and the odor problem has been an ongoing issue since then. Ms. Nock also remarked that masking the odors has not helped in the past. She noted that DES sprayed a masking solution last year that made the entire area smell like cat urine. Mr. Son replied that there will always be some level of odors by a sewage treatment plant and Council cannot change this fundamental fact. Ms. Nock asserted that she has heard from other people who do not experience this problem near other sewage treatment plants that use caps over the tanks. She stated that this is a problem that Council 2

3 should have started working on a long time ago. Mr. Lochner explained that the DEP monitors the functionality of sewage treatment plants and, if they determine that the plant needs updated, they will issue a consent decree to the municipality, forcing those updates to occur. He noted that the Township has been expecting to receive a consent decree for the last ten years, however, since one has never been received, Township Council has elected to voluntarily begin the process. He explained that receiving a mandate from the DEP is normally how the municipality can make the process move faster. Mr. Lochner stated that, as of right now, the DEP still considers the WPCP to be functioning properly. Ms. Nock replied that the smell is terrible and she invited members of Council to a picnic in their neighborhood to experience it for themselves. Mr. Lochner described the design of the WPCP and why it needs to be completed overhauled in order to reduce the odors. Brittany Haas of 3960 Kirk Avenue also addressed Council regarding the odor problems near the WPCP. She commented that the odors are masked much better during the week when the treatment plant is staffed. She added that the odors become much worse during the weekend and she asserted that someone needs to be on call at the WPCP 24/7. She invited members of Council to spend the weekend at her home to experience the odor level on the weekend. Mr. Son replied that he also lives in a development that is located very close to the WPCP. He reported that he has called Mr. Degnan numerous times on the weekend regarding the smell. Mr. Son described the impact that the weather and temperatures can have on the odor levels. Ms. Haas stated that it does not seem as if the weather always correlates to the severity of the smell. She asked that the plant have constant attention and she expressed concern regarding her inability to contact Township staff on the weekends regarding this matter. Ms. Haas remarked that the Allegheny County Health Department told her that the WPCP should be staffed 24/7 and recommended that she keep calling them. Mr. Montgomery asked Mr. Degnan why the smell would be worse on the weekend. Mr. Degnan replied that the primary cause is the build-up of sludge inside the digester. He explained that the Township is unable to press out the sludge because there are no landfills that will accept it on weekends. He stated that, without a way to get rid of the sludge, there is sometimes no way to avoid the odors. Mr. Lochner assured Ms. Haas that the Township hears and understands her complaint and is very close to finalizing the installation of an answering service. Ms. Haas expressed her frustration with the situation and asked that the Township notify her when the answering service is operational. Al Werling of Talley Cavey Road addressed Council and expressed sympathy for the residents who spoke regarding the odor problem. He remarked that he has been impacted by the noise and traffic from Route 8 on his own property. Mr. Werling stated that he found a candle on his back porch a few days prior and he presented the candle to Chief Vulakovich. Mr. Lochner asked if the candle was lit when he found it, to which Mr. Werling replied no. He stated that he does not need to like any of the members of Council, but they must represent him, as well as the residents who are living near the WPCP. Mr. Son replied that Mr. Werling s statements were out of line. He stated that the members of this Council have always strived to be very representative of the residents in this community. He commented that Council cannot unilaterally install a new sewage treatment plant overnight or go back in time to change the design of a plant that was built in the 1970 s. He explained that the plant was not built by the Township, but rather by the Hampton 3

4 Sewage Authority, which was a separate entity that no longer exists. He added that the members of Council do the best they can with the resources that are available and he asserted that the Township provides excellent services for the residents. Barbara Iellimo of 3978 Cole Avenue requested clarification regarding the DEP s involvement in the process of updating the WPCP. Mr. Son provided a summary of the DEP s purview over this project, as well as the permits and accompanying studies that must be filed by the Township. Ms. Iellimo questioned why the Township has waited until now to start this process. Mr. Lochner replied that, since the DEP has not issued a consent decree to the Township, technically the WPCP is still meeting all of its permit requirements. He continued by remarking that, while the DEP does still consider the WPCP to be functional, the operations have deteriorated to the point that Council has elected to start the process on its own. However, the Township still needs to obtain DEP approvals for the project, regardless of how it was initiated. Mr. Lochner reviewed the planned timeline to develop the proposal, submit it to the DEP, and complete construction. Ms. Iellimo questioned if all of the new commercial developments on Route 8 have overloaded the plant. Mr. Lochner replied that there is no consent decree limiting the number of tap-ins to the system. He stated that, regardless of this, the plant is not overloaded, which is one of the reasons why the Township has not yet received a consent decree for updates to the WPCP. Ms. Iellimo thanked the members of Council for their time. CONSIDERATION OF THE PA TURNPIKE/TRUMBULL CORPORATION REQUEST TO WORK EVENING SHIFTS ON THE TURNPIKE PROJECT LOCATED AT THE END OF MAINE DRIVE Mr. Son commented that Council received testimony from representatives of Trumbull Co. at the previous meeting. He noted that the applicant s main priority is to complete the project as quickly as possible and with as little disturbance as possible. As such, they have requested to work double shifts to reduce the overall length of the project. Mr. Son stated that representatives of Trumbull Co. have reportedly met with the surrounding residents to inform them of the proposed project and answer any questions. The applicant has asserted that all the residents they met with are accepting of the project and the double shifts. Mr. Son remarked that the Township has also sent out letters to the surrounding residents within 500 inviting them to this meeting to give public comment. He invited any members of the audience to address Council regarding this proposal. Dan Michel of 3323 Maine Drive stated that he lives at the end of Maine Drive and has the most potential to be negatively impacted by this project. He asked what recourse he has if Trumbull Co. does not live up to the requirements as stipulated. Mr. Michel also asked if the Township will monitor the site on a regular basis. Mr. Lochner replied that a Township inspector will periodically visit the site to verify compliance with the approved plan. Mr. Lochner described the specific elements of the site plan and construction sequence that the inspector will be checking for. He noted that there are no available staff members to visit the site overnight. As such, if Trumbull Co. commits a violation during that timeframe the Township will rely on complaints from the surrounding residents. In those instances, he recommended that the residents call 911 and the 4

5 HTPD will respond. Mr. Lochner commented that Council has the ability to withdraw an approval for after-hours work at any time. Accordingly, if the Township begins receiving complaints from residents Council can always revoke the approval, which should serve as an incentive for Trumbull Co. to remain in compliance. Mr. Son added that the double shifts will accelerate the timeline for the project, which will reduce the total length of time of the disturbance. Mr. Michel asked what the Township inspector s schedule will be. Mr. Montgomery and Mr. Son reviewed the potential causes of disturbance related to the work and how the developer has planned to mitigate each area of concern. Mr. Lochner described the Township s policy for spot inspections and advised Mr. Michel to call the police if he needs to complain after normal working hours or on the weekend. He assured Mr. Michel that Township staff will receive a copy of the police report and will be able to follow up with the developer to resolve the problem. John Nemmer, a representative of Trumbull Co., specified the proposed hours of construction and reported that they have recently revised the grading plan to move the area of disturbance further away from the properties on Maine Drive. Mr. Lochner invited Mr. Michel to call either himself or the Assistant Township Manager with any complaints. Mr. Michel thanked the members of Council. He explained that he simply wanted his concerns stated for the record and to receive instructions as to who to call in case there are any problems. No other comments were offered by the audience. Mr. Montgomery moved to approve the PA Turnpike/Trumbull Corporation request to work evening shifts on the Turnpike project located at the end of Maine Drive as presented. Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. ADOPTION OF A CONCURRING RESOLUTION REQUESTING A RAAC GRANT FOR THE GLANNON WATERSHED IMPROVEMENTS PROJECT Mr. Lochner stated that this grant would help to offset the cost of the Act 537 Plan and the associated rate study. He noted that this would also go towards $1.2 million of sewer lining in the Glannon s pump station area in order to relieve the I & I at that station. Mr. Lochner commented that Council will need to officially recognize the grant request, which is for $500,000 of the total $1.6 million, as well as authorize the Council President to sign off on all agreements. Mr. Montgomery asked if this is a match grant, to which Mr. Lochner replied that it is not. Mr. Montgomery moved for the adoption of Resolution No. 960, requesting a RAAC grant for the Glannon Watershed Improvements Project in the amount of $500,000 and the approval for the Council President to be the authorizing official for all signatures. Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. NORTH HILLS COUNCIL OF GOVERNMENTS MONTHLY REPORT Mr. Montgomery had nothing to report. 5

6 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 Council's agenda packet. CONTROLLER'S/MANAGER'S MONTHLY REPORT Mr. Speakman remarked that revenues and expenses continue to be consistent with the Budget and the previous year s amounts. ENACTMENT OF AN ORDINANCE AMENDING THE POLICE HIRING ORDINANCE NO. 783 Mr. Son stated that this amendment will expand the list of potential officers from 10 to 20 on the eligibility list. Chief Vulakovich verified that this is the only change covered in the proposed amendment. Mr. Dunlap moved for the enactment of Ordinance No. 795, amending the Police Hiring Ordinance, No Mr. Montgomery seconded the motion and a roll call vote was unanimously in favor. AUTHORIZATION TO PURSUE THE CAPITAL IMPROVEMENT PROGRAM BUDGET REQUESTS FOR THE FOLLOWING ITEMS: 1. PURCHASE OF NEW DEPARTMENT AR-15 PATROL RIFLES, AND 2. PURCHASE OF A STAND-ALONE OUTBUILDING FOR THE FIRING RANGE Mr. Montgomery moved for the authorization to pursue the Capital Improvement Program Budget request for the purchase of new department AR-15 patrol rifles in an amount not to exceed $9,931 in accordance with the memo from Chief Vulakovich dated April 5, Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. Mr. Montgomery moved for the authorization to pursue the Capital Improvement Program Budget request for the purchase of a stand-alone outbuilding for the firing range in an amount not to exceed $14,000 in accordance with the memo from Chief Vulakovich dated April 5, Mr. Russ seconded the motion and a roll call vote was unanimously in favor. 6

7 PUBLIC SAFETY MONTHLY REPORT A copy of the Public Safety monthly report was included as a part of Council s agenda packet. ADOPTION OF A RESOLUTION REGARDING DCED-GTRP GRANT APPLICATION (SPORT COURTS RENOVATIONS GRANT) Mr. Zarenko commented that this grant would be used for the $200,000 match for the DCNR grant the Township received last year. If the grant is awarded to Hampton, the Township would be required to match $30,000. Mr. Montgomery moved for the adoption of Resolution No. 961 regarding a DCED-GTRP grant application (sport courts renovations grant) for the amount of $200,000. 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. AUTHORIZATION TO PROCEED WITH THE ACT 537 PLAN UPDATE Mr. Russ moved for the authorization to proceed with the Act 537 Plan update. Mr. Montgomery seconded the motion and a roll call vote was unanimously in favor. AUTHORIZATION TO PURSUE THE FOLLOWING CAPITAL IMPROVEMENT PROGRAM BUDGET REQUESTS: 1. SEWER LINE RESTORATION/CIPP LINING PROGRAM, 2. REPLACEMENT OF WPCP RETURN SLUDGE PUMP, AND 3. REPLACEMENT OF GARAGE AND REQUIRED DOORS FOR WPCP Mr. Son read through requested Capital Improvement Program Budget expenditures and noted that these repairs/replacements are part of the Township s ongoing efforts to improve the situation at the Water Pollution Control Plant until the Act 537 Plan can move forward. Mr. Russ moved for the authorization to pursue the following Capital Improvement Program Budget requests: 1. Sewer line restoration/cipp lining program, 2. Replacement of WPCP return sludge pump, and 3. Replacement of garage and required doors for WPCP in an amount not to exceed $194,000 in the aggregate. Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. 7

8 ENVIRONMENTAL SERVICES MONTHLY REPORT A copy of the Environmental Services monthly report was included as a part of Council s agenda packet. OTHER ENIVRONMENTAL SERVICES BUSINESS Mr. Degnan reported that DES workers cleaned the digester at the WPCP earlier that day. He stated that it was by far the most difficult cleaning they have ever had. He added that there was more grit in the tank than they have ever seen before. Mr. Son asked if the Township has the ability to clean the digester more often than twice a year while they are waiting for progress on the Act 537 Plan. Mr. Degnan replied that he is investigating several different methods to remove more of the grit from the system quicker. Mr. Son stated that Council would be open to considering any recommendations to help with the odor situation. Mr. Lochner asked Mr. Degnan to put together a plan in conjunction with engineering recommendations to present to Council regarding this matter. Mr. Russ asked if cleaning the digester more often would help with the odors emanating from the plant. Mr. Degnan replied that it may help minimally, however, the materials going into the digester are a contributing factor to this problem, which would be unaffected by an increased tank cleaning schedule. Mr. Russ asked if there are any other masking agents available that would smell better than the one that was previously used. Mr. Degnan replied that, while they have tried multiple different masking agents, due to the extremely large volume of materials in the tank the smell of the masking agents often becomes just as noticeable as the odors themselves. Several remarks were exchanged regarding the atmospheric factors that can contribute to this problem. Mr. Degnan discussed the measures he has taken to investigate other solutions to the odor problem. Mr. Son expressed a desire to find a solution to mitigate this problem while the larger improvements project is progressing. A short discussion was held regarding the design of the plant and the challenges this presents for improvements. Mr. Dunlap and Mr. Degnan discussed several different options for the periodic cleaning of the digester. SEAHORSE REVISED SITE PLAN (16-17) The applicant is proposing to redevelop the existing Seahorse building and site for office and restaurant use at property located at 4906 Route 8 in a HC zoning district. Improvements will include the addition of two stories to the existing structure as well as other site improvements. The owner has an existing agreement with a contiguous property owner for off-site parking. Variance requests have been granted by the Township's ZHB for setback, building height, bufferyard dimension relief, and for offsite parking. Mr. Orban provided a summary of the application details and the status of the review. He noted that the applicant is working through several minor engineering items that need to be resolved, however, Township staff, engineers, the Environmental Advisory Council, the Planning Commission are all recommending approval of this application with conditions. Mr. Orban commented that the atypical parking situation will be handled as a part of the conditions of 8

9 approval. The applicant will be required to maintain the parking agreements with the adjacent property owners and disclose to any future tenants that a portion of the parking is off-site. They will also need to disclose that if the agreements are withdrawn the property owner will be required to adjust their occupancies accordingly. Mr. Montgomery moved for the approval of the Seahorse Revised Site Plan (16-17) as per the conditions in the memo from Mr. Orban dated April 26, 2017 (a copy of which has been included as a part of these minutes). Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. TOLOMEO PRELIMINARY/FINAL SUBDIVISION (16-18) The applicant is proposing to subdivide a lot containing an existing single-family dwelling into four lots on an existing private road in an RB zoning district. Mr. Son stated that the applicant has granted an extension for the review of this application through June 28, 2017 and requested to be tabled to that date. Mr. Russ moved to table the Tolomeo Preliminary/Final Subdivision (16-18) to June 28, Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. CONDITIONAL APPROVAL OF A REQUEST FOR AN EXTENSION OF THE LAND DEVELOPMENT APPROVAL FOR THE ROICE CONSTRUCTION REVISED SITE PLAN (15-03) Mr. Orban explained that the property owner received land development approval approximately two years ago, however, no work has occurred on site in that time. The property owner has requested an extension of the land development approval to finish the project and find a tenant. Mr. Orban stated that Township staff are recommending approval of this request, with numerous conditions regarding the time granted to complete the post approval agreements and site development. Mr. Orban reviewed several of the specific conditions that would be attached to the approval. Mr. Dunlap moved for the approval of the request for an extension of the land development approval for the Roice Construction Revised Site Plan (15-03), subject to the conditions in the memo from Mr. Orban dated April 26, 2017 (a copy of which has been included as a part of these minutes). Mr. Russ seconded the motion and a roll call vote was unanimously in favor. 9

10 APPROVAL OF THE PARTIAL RELEASE OF THE IMPROVEMENTS SECURITY FOR THE MEADOWS AT HAMPTON DEVELOPMENT Mr. Orban reported that the Meadows at Hampton development was taken over by the Township several months ago. This release of funds is in conjunction with the accepted improvements. He reported that Township staff and the engineer are recommending approval of this partial release. Mr. Dunlap moved to accept the Township engineer s report and recommendation to reduce the performance bond obligation by $252, for the Meadows at Hampton development, leaving a balance of $32, of posted security in place. Mr. Russ seconded the motion and a roll call vote was unanimously in favor. APPROVAL OF THE PARTIAL RELEASE OF THE IMPROVEMENTS SECURITY FOR THE HAMPTON PLACE DEVELOPMENT Mr. Orban stated that Township staff and the engineer are recommending approval of this requested partial release. Mr. Montgomery moved to accept the Township engineer s report and recommendation to reduce the performance bond obligation by $603, for the Hampton Place development, leaving a balance of $464, of posted security in place. Mr. Dunlap seconded the motion and a roll call vote was unanimously in favor. REFERRALS Mr. Russ moved for the referral of the Wagner Lot Consolidation (17-03) and the Pine Creek Mini Golf Revised Site Plan (17-04). Mr. Montgomery seconded the motion and a roll call vote was unanimously in favor. 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 brief overview of several items that will be discussed at Township Council s next meeting on May 24, 2017, including: the need to promote a new Police Sergeant, 10

11 the Deer Creek Drainage Basin Authority 537 Plan, the updates to the Zoning Ordinance, and several property donations to the Township. Mr. Dunlap requested an update on the status of the vacancy on the Environmental Advisory Council. Mr. Son replied that this item has been moved to May to allow for additional time to gather resumes for candidates. Mr. Lochner reported that the Township has already raised approximately $3,600 for the Vietnam War Memorial travelling wall. He stated that, if the fundraising continues as hoped, the Township should be able to reach the $5,600 fundraising goal for this year. Any funds that are raised beyond that amount will be used to enhance the project. There being no further items for discussion, Mr. Son adjourned the Regular Meeting at 8:48 pm. Susan A. Bernet, Clerk of Council Victor D. Son, President of Council 11