Minutes of the Regular Meeting. of the South Park Township. Board of Supervisors. February 12,2018

Transcription

1 Minutes of the Regular Meeting of the South Park Township Board of Supervisors February 12,2018 Pledge of Allegiance Roll Call David Buchewicz presiding. Board members Walt Sackinsky and Edward Snee were present. Also in attendance were: Karen Fosbaugh, Township Manager; Paul Gitnik, Solicitor; Dennis McDonough, Chief of Police; Aaron Laughlin, Director of Public Works; and Glenn Prokopovitch, Code Enforcement Officer. Two or more members of the Board of Supervisors were together on the following occasions which may or may not qualify as administrative actions, conferences and/or executive sessions: Monday, January 8, After the regular meeting of the Board of Supervisors to discuss personnel issues. Monday, January 22, Prior to the continuation of the regular meeting of the Board of Supervisors to discuss matters of potential litigation. Monday, January 22, After the continuation of the regular meeting of the Board of Supervisors to discuss personnel matters. Thursday, February 1, Workshop session to discuss the Transit Oriented Overlay Development (TOOD) ordinance. Wednesday, February 8, Possibly during the ceremony to swear in Chief McDonough as President of the Allegheny County Chiefs of Police Association. Monday, February 12, Prior to the Conditional Use and Nuisance hearings, and prior to the regular meeting of the Board of Supervisors. PLEASE BE ADVISED THAT ANY ACTION APPROVED AND/OR DECISION RENDERED BY THE BOARD OF SUPERVISORS AT THIS MEETING CAN BE APPEALED TO THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA, WITHIN THIRTY (30) DAYS AFTER THE DATE AND/OR THE DECISION IS RENDERED. Call on the People There were no comments made.

2 Minutes Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve the minutes of the regular meeting of the Board of Supervisors held on January 8, All members voted aye. Motion carried. Minutes Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve the minutes of the meeting held on January 22, 2018, which continued the regular meeting of the Board of Supervisors from January 8, 2018, to January 22, Invoices Resolution No Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve payment of the invoices for the month of January, All members voted aye. Motion carried. Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve Resolution No. 2-18: A RESOLUTION OF THE TOWNSHIP OF SOUTH PARK, ALLEGHENY COUNTY, COMMONWEALTH OF PENNSYLVANIA, AUTHORIZING THE FILING OF AN APPLICATION FOR A PA SMALL WATER AND SEWER PROGRAM GRANT FROM THE COMMONWEALTH FINANCING AUTHORITY. All members voted aye. Motion carried. Resolution No Motion by Mr. Sackinsky, seconded by Mr. Snee, to adopt Resolution No. 3-18: A RESOLUTION OF THE TOWNSHIP OF SOUTH PARK, ALLEGHENY COUNTY, PENNSYLVANIA, ADOPTING THE "SOUTH PARK TOWNSHIP COMPREHENSIVE PLAN" PURSUANT TO SECTION 302 OF THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE, AS PREPARED AND RECOMMENDED BY THE PLANNING COMMISSION. All members voted aye. Motion carried. Waiver Request - Humes Plan of Lots-970 Cochrans Mill Road Minor Subdivision - Humes Plan of Lots Cochrans Mill Road Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve the request of Seems Grand Investments, LLC, the Developer for the property located at 970 Cochrans Mill Road, to grant a waiver to Section of the Code of the Township of South Park, being the Subdivision and Land Development Ordinance that requires topography contours on the mylar plan. The reason for the request is that Allegheny County Economic Development specifically cites that topography contours are not to be shown on mylar plans; and as recommended by the Township Engineer, Planning Consultant and Planning Commission. All members voted aye. Motion carried. Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve granting preliminary and final approval to the minor subdivision identified as the Humes Plan of Lots as submitted by the Developer, Seems Grand Investments, LLC, for the property located at 970 Cochrans Mill Road, as recommended by the Township Engineer, Planning Consultant and Planning Commission. All members voted aye. Motion carried.

3 Right of Entry Agreements -KAI,LLC Brownsville Road; and Stephen and Bonnie Kisty Brownsville Road Conditional Use Request - Mero South Park Ventures, LLC - Conditional Use Application Brownsville Road (887-R-370, 1009-A-146,1010- D-280 & 887-L- 400 Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve the Right of Entry Agreement by and between KAI, LLC, a Pennsylvania limited liability company, being 2376 Brownsville Road; Stephen and Bonnie Kisty, Licensor, being 2401 Brownsville Road; and the Township of South Park, for the purpose of outlining the terms and conditions to allow the Township's engineering firm to enter onto the above-referenced properties on a temporary basis to survey and/or design a proposed public sanitary sewer line and infrastructure within a twenty (20) foot easement. All members voted aye. Motion carried. Mr. Buchewicz and Mr. Sackinsky stated that in order to consider all public comments made during the Public Hearing, a motion was made by Mr. Buchewicz, seconded by Mr. Sackinsky to table the Conditional Use Application, submitted by Mero South Park Ventures, LLC, with the following conditions: A. Subject to the condition that the Applicant/Developer shall at its cost and expense make such improvements within the existing legal right-ofway of Woodland Avenue and/or land now owned by the Applicant/Developer, to the Township of South Park street standards, as well as provide and erect street directional signage on Woodland Avenue, all to be described in the traffic study to be submitted at the time the Applicant/Developer is at that phase of the Subdivision or Land Development; B. Subject to the condition that at each phase of the Subdivision or Land Development that the Applicant/Developer at its cost and expense shall make the improvements within the existing legal rights-of-way and/or land now owned by Applicant/Developer to existing streets immediately abutting a parcel of land proposed for development as described in the traffic study to be submitted with each phase of the Subdivision or Land Development; C. Subject to the condition that the Applicant/Developer has acknowledged and based upon said acknowledgement that the Applicant/Developer shall provide a safe, at grade crossing of Brownsville Road to facilitate pedestrian and/or bicycle connections between the third phase of the project and the balance of the site at the time the Applicant/Developer is at that phase of the Subdivision or Land Development; D. Subject to the condition that the Applicant/Developer shall acquire legal ownership to Parcel ID:887-K-400 before Applicant/Developer seeks approval of a Subdivision or Land Development and/or on Parcel ID: D-280; E. Subject to the condition that at each phase of the Subdivision or Land Development that the Applicant/Developer acknowledges that the Township shall not accept any and all storm sewers that are not within the public right-of-way and/or storm water management system(s) and/or facilities and shall enter into an agreement and place the applicable sums into a replenishing escrow account;

4 F. Subject to the condition that at each phase of the Subdivision or Land Development that the Applicant/Developer acknowledges and shall comply with the Township's TOOD requirements that the Applicant and/or homeowner' association shall provide for and shall be responsible for the pick-up, collection, removal and disposal of refuse in all nonresidential, single-family attached and apartment uses. G. Subject to the condition that at each phase of the Subdivision or Land Development that the Applicant/Developer acknowledges and shall comply with the Township professionals' recommendations to ensure that any and all applicable legal entity documents and/or plans and deeds shall provide the public and the Township of South Park with a perpetual non-exclusive easement for the use of the TOOD Open Space; H. Subject to the condition that at each phase of the Subdivision or Land Development that the Applicant/Developer acknowledges that it shall schematically depict proposed pedestrian, bike and vehicular connections between the TOOD and a Public Transit Facility and such connections shall be laid out and designed to facilitate and encourage the use of the Public Transit Facility by residents within the TOOD, and customers and occupants of businesses within the TOOD and shall, subject to final approval by the Township Supervisors and without waiving any of Applicant/Developer's right of appeal, comply with the Township professionals' recommendations; I. Subject to the condition that at each phase of the Subdivision or Land Development that the Applicant/Developer acknowledges and shall, subject to final approval by the Township Supervisors and without waiving any of Applicant/Developer's rights of appeal, comply with the Township professionals' recommendations to ensure site amenities such as bicycle racks, benches and trash receptacles shall be provided in appropriate locations; J. Subject to the condition that at each phase of the Subdivision or Land Development that the Applicant/Developer acknowledges that upon proposing land development, the Applicant shall follow the provisions of the Township of South Park Subdivision and Land Development Ordinance, as amended, including but not limited to signage, lighting, utility, and traffic studies and shall, subject to final approval by the Township Supervisors and without waiving any of Applicant/Developer's rights of appeal, comply with the Township professionals' recommendations regarding the same; K. Subject to the condition that at each phase of the Subdivision or Land Development that the Applicant/Developer acknowledges that it shall provide architectural renderings showing the general design, scale and materials of residential and nonresidential buildings and shall, subject to final approval by the Township Supervisors and without waiving any of Applicant/Developer's rights of appeal, comply with the Township professionals' recommendations regarding design, scale and materials;

5 L. Total density of the project shall not change from that shown on the TOOD Master Plan and Applicant/Developer acknowledges that if a subsequent Land Development or Subdivision Plan shows differences in land use development types, area and bulk regulations, and/or connectivity patterns that create increases or changes of density greater than ten (10%) between the subsequent Land Development or Subdivision Plan, and what is depicted on the TOOD Master Plan for the project area in question, then Applicant/Developer shall be required to resubmit a conditional use application for a revised TOOD Master Plan approval; M. Subject to the condition that the Applicant/Developer acknowledges that this Conditional Use approval for the TOOD Master Plan is nontransferable without the written consent and approval from the Township, and shall automatically terminate, unless (i) within five (5) years from the date of issuance of the Conditional Use approval construction has commenced on at least sixty (60%) percent of all improvements shown on the TOOD Master Plan, including without limitation the Phase II area designated on the TOOD Master Plan for retail/commercial development, or (ii) the approval is extended in writing by the Township. The Conditional Use approval may be extended by the Township upon written request by the Applicant. The Applicant shall provide written proof and documentation that the approved Conditional Use for the TOOD Master Plan has not changed. The Applicant shall be responsible for all costs and expenses associated with the Township's review of this written request; N. Subject to the condition that at each phase of the Subdivision and Land Development that the Applicant/Developer shall, subject to final approval by the Township Supervisors and without waiving any of Applicant/Developer's rights of appeal, comply with the Township professionals' recommendations to ensure convenient pedestrian connections shall be provided from all building entrances to parking areas, open space and recreational areas, the nonresidential uses on the site and to the transit station intended to be served by the TOOD;. 0. Subject to the condition that at each Subdivision or Land Development Plan is to be consistent with this TOOD Master Plan, and that, subject to final approval by the Township Supervisors and without waiving any of Applicant/Developer's rights of appeal, the Applicant/Developer acknowledges and shall for each Subdivision and Land Development comply with the Township professionals' recommendations to ensure that the development: 1. is consistent with a small-town character; ii. contains appropriate densities and mix of land uses within walking distance of a public transit facility; iii. maintains a transit-oriented development pattern serving the needs of residents, the business community, visitors and commuters by providing for a variety of retail, commercial, office and personal services in either an individual or mixed-use configuration, including residential uses

6 iv. contains pedestrian scaled amenities with open space and recreational points of focus and encourages a pedestrianorientation of buildings and streets; and v. has open and recreational spaces as focal points. All members voted aye. Motion carried. Action to Determine Public Nuisance - Dean and Cindy Shavolt Southern Drive Motion by Mr. Sackinsky, seconded by Mr. Snee, to table declaring the following property a public nuisance, or proceeding with the abatement of said nuisance, and/or the appropriate fines and penalties as outlined in the Code of the Township of South Park: Owner(s); Dean and Cindy Shavolt Location: 3125 Southern Drive South Park, PA Lot/Block No J-215 The owners were requested to provide a time-table and date of completion in writing. Bids Restoration of Various Streets Ordinance No. 684 Motion by Mr. Sackinsky, seconded by Mr. Snee, to accept the bids that were received on Wednesday, February 7, 2018, with regard to the project identified as the 2018 Restoration of Various Streets, and awarding the bid to the lowest responsible bidder, being Youngblood Paving, in the amount of $464,520.58, contingent upon the receipt of the appropriate bonding and insurance certificates, as recommended by the Project Engineer. All members voted aye. Motion carried. Mr. Gitnik stated for the record that on Thursday, November 16th, an was sent by Ann Murphy to Township Engineer Benjamin Gilberti which provided a legal description, prepared by Redswing Group, for Maria's Way. On Wednesday, November 29th, an was sent from Ann Murphy to the Township Engineer asking that the legal description reserve the oil and gas rights. Mr. Gitnik sent an dated Thursday, November 30th to the Township Engineer indicating that in his legal opinion the developer may not reserve oil and gas rights, and there has been no reservation that the Township has ever made when there was a request for dedication of public improvements. On Thursday, January 18th, amongst other s, there was an to Attorney Murphy, who is legal counsel to Southersby Development Corporation, which clearly indicated that the Township would not accept any public dedication that had a reservation of oil and gas rights, for the reason of public health, safety and coordinating practical community development and convenience and general welfare of the Township of South Park's citizens. It further indicated that, in fact, any reservation of any right would not be in the best interest of the public health, safety, coordination of practical community development and convenience and general welfare of the Township of South Park's citizens. Mr. Gitnik stated that he has made multiple requests to Attorney Murphy to provide a copy of the Oil and Gas Lease, since they were requesting the reservation of the oil and gas rights. As of today's date, he has not been provided with a copy of the lease. Attorney Murphy had indicated to Mr. Gitnik that they would provide a copy of the lease to the Township upon

7 receipt of the public record of the same, meaning that they had no lease recorded as of today's date. Mr. Gitnik explained that the reason he has not addressed the issue of the oil and gas reservation is because he is not in possession of the Oil and Gas Lease; therefore, he cannot share the document in order to make a decision whether the Township would want to make a reservation for the oil and gas rights. He stated that the current ordinance is like every other ordinance that we have done with any developer, and it does not have a reservation for the oil and gas rights. Taking into consideration the comments stated by Mr. Gitnik, a motion was made by Mr. Sackinsky, seconded by Mr. Snee, to approve Ordinance No. 684: AN ORDINANCE OF THE TOWNSHIP OF SOUTH PARK, ALLEGHENY COUNTY, COMMONWEALTH OF PENNSYLVANIA, ACCEPTING THE PUBLIC DEDICATION OF MARIA'S WAY AS SHOWN ON THE DELLA STRADA PLAN OF LOTS AS RECORDED IN PLAN BOOK VOLUME 287, PAGE 58, IN THE DEPARTMENT OF REAL ESTATE FOR THE COUNTY OF ALLEGHENY, IN THE COMMONWEALTH OF PENNSYLVANIA, AND THE SANITARY SEWER SYSTEM AS SET FORTH ON THE AS-BUILT PLANS, MAKING THE SAME PART OF THE HIGHWAY SYSTEM AND PUBLIC SANITARY SEWER SYSTEM OF THE TOWNSHIP OF SOUTH PARK. All members voted aye. Motion carried. Proposal - EPM Architecture - South Park Township Municipal Building Roof Proposal - Keystone Consultants, Inc Township Wide Sanitary Sewer Program Action to Appoint Gateway Engineers as Engineering Firm for Special Projects Resignation from Recreation Board - Diane Baldesberger Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve the Proposal submitted by EPM Architecture dated January 26, 2018, for the purpose of providing services with regard to the bid related to the replacement of the Administration roof, including but not limited to: preparation of bid documents, drawings, technical specifications, and construction administration services required to monitor the project through to completion, at a cost not to exceed $9, All members voted aye. Motion carried. Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve the Proposal submitted by the firm Keystone Consultants, Inc. for the purpose of preparing bid specifications and related construction drawings for the project identified as the 2018 Township-Wide Sanitary Sewer Program, at a cost not to exceed $26, All members voted aye. Motion carried. Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve appointing the firm Gateway Engineers as the special project engineer for the Mero South Park Ventures, LLC project, and for the Villas of South Park project, in accordance with the fee schedule and terms and conditions dated December 28, All members voted aye. Motion carried. Motion by Mr. Sackinsky, seconded by Mr. Snee, to accept the resignation of Diane Baldesberger from her position on the South Park Township Recreation Board, with an effective date being January 10, All members voted aye. Motion carried.

8 Training Request - Medical Marijuana Law and Law Enforcement Conference Attendance - Township Supervisor David J. Buchewicz Conference Attendance - Township Supervisor Edward Snee Assessment Change Reimbursements - Various Tax Years - Lawrence P. Arrigo, Property Tax Collector Monthly MS4 Report Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve the attendance of Sgt. David Starzynski, Sgt. Sean Costa, and Officer Brian Rucienski to a seminar entitled, "Crossroads: Medical Marijuana and the Insurance Industry," which is sponsored by The International Association of Special Investigations Units Pittsburgh Chapter and The Commonwealth of Pennsylvania: Insurance Fraud Prevention Authority, which will be held at the Rivers Casino on Thursday, February 15, 2018, at a total cost of $ All members voted aye. Motion carried. Motion by Mr. Sackinsky, seconded by Mr. Snee, to authorize the attendance of Township Supervisor David J. Buchewicz to the 2018 Spring Educational Conference sponsored by the Allegheny League of Municipalities (ALOM), scheduled for April 5-8, 2018, which will be held at Seven Springs, PA at a total cost of $1, Roll Call: Mr. Sackinsky - aye; Mr. Snee - aye; Mr. Buchewicz - abstained. Motion carried Motion by Mr. Sackinsky, seconded by Mr. Buchewicz, to authorize the attendance of Township Supervisor Edward Snee to the 2018 Spring Educational Conference sponsored by the Allegheny League of Municipalities (ALOM), scheduled for April 5-8, 2018, which will be held at Seven Springs, PA at a total cost of $1, Roll Call: Mr. Buchewicz - aye; Mr. Sackinsky - aye; Mr. Snee - abstained. Motion carried. Motion by Mr. Sackinsky, seconded by Mr. Snee, to authorize assessment change reimbursements for various tax years due to successful appeals at the County level, as requested by Lawrence P. Arrigo, Tax Collector, in correspondence dated January 25, All members voted aye. Motion carried. Mrs. Fosbaugh stated that MS4 is an acronym for Municipal Separate Storm Sewer System. She explained that it is a series of mandates that have been going on for quite a number of years that South Park Township is required to comply with so that storm water that is coming through our creeks and streams is essentially cleaner and removed of the pollutants that are impacting both animal and human life. 1) The litter collection employee continues with his duties, although they are somewhat limited because of the weather. Litter on the streets impairs the catch basins and water cannot be directed properly. 2) The mapping of the outfalls to inlet connections will continue as soon as the weather permits. Mrs. Fosbaugh explained that outfalls are pipes that are draining fresh water into our creeks and streams.

9 3) The Public Works Department is continuing with inlet cleaning, which involves mainly snow and ice removal. At this time of year, it is important for the catch basins to remain open and clear so that storm water can adequately drain into the storm water system. 4) Approximately 200 vertical feet of stormwater inlets will be relined in the 2018 sanitary sewer project. Bids will be accepted on Wednesday, March 6, 2018, with action being taken at the regular meeting of the Board of Supervisors scheduled for March 12, ) MS4 activities going forward into 2018 will be predicated in part upon the response received from DEP with regard to the Township's Pollution Reduction Plan (PRP). South Park Township was required to submit a PRP to DEP with various steps that we are taking to reduce pollution in our storm water. The Plan is under review at this time. 6) The second project under the auspices of CD 43 is underway. The project involves the relining of approximately ft. of storm sewer line. The lining project has been partially completed; however, the work was delayed due to weather conditions. The lining process cannot be engaged unless temperatures are at a certain level. The project, which is in the vicinity of Grant Street, is scheduled to resume tomorrow. Community Development (CD) Funding is determined by the Federal Government through Allegheny County. South Park Township has applied for CD funding for approximately the last 30 years. With the exception of one year, we have been fortunate to receive funding. 7) A training plan for the Public Works Department will be drafted in 2018 that will incorporate routine safety tasks with the MS4 process. 8) The Township is awaiting the receipt of its new NPDES permit as the appropriate application and documentation has been submitted to DEP for review and comment. 9) The Commonwealth of Pennsylvania recently adopted the storm water management ordinance. The Township is in receipt of a cost-not-to-exceed proposal from the project engineer to update our ordinance to comply with the state requirements. We currently have a stormwater management ordinance; however, we have attended a number of workshops for the purpose of responding to questions posed by DEP and the Allegheny County Conservation District. The workshops helped to determine better ways that we can control, monitor, and keep storm water from becoming more polluted. Motion by Mr. Sackinsky, seconded by Mr. Snee, to approve the Monthly MS4 Report. All members voted aye. Motion carried. Police Chiefs Report Mr. Buchewicz congratulated Chief McDonough for being appointed President of the Allegheny County Chiefs of Police Association.

10 The Police Chiefs report for the month of January 2018: Calls for Service Arrests Traffic Citations Parking Citation Warnings Issued Reportable Accidents Non-Reportable Accidents Fire Calls Emergency Medical Assists to Tri-Community EMS Deer Struck by Vehicles Motion by Mr. Sackinsky, seconded by Mr. Snee, to accept the Police Chiefs Reports for January, Supervisors' Comments Mr. Snee Mr. Snee congratulated Mr. Laughlin on the excellent snow removal job. Mr. Snee congratulated Chief McDonough on being appointed President of the Allegheny County Chiefs of Police Association. Sackinsky - Mr. Sackinsky had no comments. Mr. Buchewicz - Mr. Buchewicz had no comments. Adjournment Motion by Mr. Sackinsky, seconded by Mr. Snee to continue the meeting to Tuesday, February 20, 2018, at 7:00 p.m. All members voted aye. Motion carried. Time: 8:10 p.m.