MINUTES
REGULAR MEETING

September 8, 2014

MARSHALL TOWNSHIP BOARD OF SUPERVISORS
525 PLEASANT HILL ROAD

WEXFORD, PA 15090

SUPERVISORS:Thomas Madigan, Chairman

Philip Troy, Vice Chairman

Jason Bragunier (Arrived at 8:08 p.m.)
Richard Scavo
Anthony (Jack) Candek
MANAGER:Neil D. McFadden
ENGINEER:Art Gazdik, P.E.
PLANNING DIR:Nicole Zimsky, AICP

SOLICITOR:Blaine Lucas, BCCZ
TWP. SECRETARY:Sheryl Snyder
OTHERS:Heidi Smith and Kelly Greer from Adelman Reporters and 4 others

  1. Call to Order - The Meeting was called to order at 7:15 p.m.
  1. Pledge of Allegiance - All rose to recite the Pledge of Allegiance.
  1. Public Comment

Francios Bitz of 1640 Pleasant Hill Road approached the Board with three issues. First, he indicated he sees no incentives in the Township Code, as far as credits, if you do something "green". If there are no incentives or credits for a builder/developer, there is no incentive to do a green roof or anything “green” or to preserve any trees. Second, Marshall Township orders trucks every year, but in the meantime Vogel Disposal has gone to CNG, so why doesn't the Township order CNG trucks? They are perfectly available. There are grants from DEP to the tune of $20,000 for communities to go from diesel to CNG. In the next few years there will be many CNG gas stations available. The same goes for Township and Recreation vehicles; they could be hybrid or pure electric. It is not like they are driving more than 80 miles a day. Mr. Bitz indicated that he has been working with Eaton Corporation to provide free charging stations in the park and stated he would be willing, as a citizen, to actually give some money towards that. The third issue relates to fencing. Mr. Bitz questioned why a permit is needed for fencing. He stated that nowhere in the Township Code does it indicate that fencing is part of any ordinance. It is actually a permitted use and he fails to see why this requires a permit. Mr. Bitz mentioned that there are a lot of people doing fencing and is not sure everyone is getting a permit. Mr. Bitz stated he questioned 20 people down the road and nobody knew that you needed a fencing permit. Mr. Madigan questioned Ms. Zimsky if there is a requirement for a building permit to construct a fence. Ms. Zimsky responded a Zoning Permit is required.

  1. Consent Agenda

4a.Minutes

Regular Meeting (July 7, 2014) – No corrections or additions were made.

Agenda Meeting (July 28, 2014) – No corrections or additions were made.

Regular Meeting(August11, 2014)– No corrections or additions were made.

Agenda Meeting(August25, 2014)– No corrections or additions were made.

4b. Expenditures

Month of July 2014 – No corrections or additions were made.

Month of August2014– No corrections or additions were made.

4c.Announcements

None.

4d.Reports

Police - Report forthcoming.

Police Board Liaison – Mr. Candek indicated the Police Board commended the road crews of all the townships for their work on the vascar lines. There are upcoming interviews for new hires being held on September 13, 2014. Mr. Scavo stated interviews will be held and a list will be made. One other matter discussed was the police lease with the Township of Pine for their building space. Discussion on this matter will take place during Executive Session.

Firemen - Written report submitted.

Fire Company Liaison- Nothing to report at this time.

Public Works Director - Written report submitted.

Zoning Officer - Written report submitted.

Building Inspector - Written report submitted.

O.E.M. - Written report submitted.

Recreation Director - Written report submitted.

Recreation Liaison- Mr. Troy indicated the only thing to discuss, as a future agenda item, would be Community Day. Community Day had a significant financial loss, not terrible loss, but $6,000 that we are going to pay versus paid by outside sources.

Northland Library Board - Nothing to report at this time.

MTMSA Liaison – Nothing to report at this time.

COG Liaison - Nothing to report at this time.

ACATO - Nothing to report at this time.

Police Pension Board – Mr. Madigan stated a bi-annual meeting was held to report on the investment performance for the first two quarters of 2014, which did quite well.

4e.Engineer’s Report

  • Bond Status
  • Park at Marshall, Grading Bond Release Request – Mr. Gazdik recommended approval of full release of the cash bond for grading, contingent upon the set aside agreement and developer’s agreement being fully executed and all outstanding fees are paid to the Township. Mr. Scavo made a motion to release the cash security for grading in the full amount with conditions that the developer enter into the set aside and developersagreement and that all outstanding fees are paid to the Township, seconded by Mr. Troy; vote in favor was unanimous [4-0].
  • Altmyer Fields, Performance Bond Release Request #4–Mr. Gazdik has reviewed the work and it is satisfactory. He recommends approval of the reduction in the amount of $83,210.00. This release is also contingent upon the payment of any outstandingfees are paid to the Township. Mr. Scavo made a motion to release $83,210.00, seconded by Mr. Candek; vote in favor was unanimous [4-0].
  • 2014 Road Project(s) Update – Mr. Gazdik updated the Board on the paving program. The paving program has been completed. The initial contract sum was $723,267.26 to Shields Asphalt Paving. The total of the work completed to date was $708,708.42. That is substantially complete. We will have one small retainage invoice to be released next month and the bondsare in place.

4f.Manager’s Report

  • Report on Salt Prices: COSTARS Price for 8/14 - 10/14 $62.26, $65.27 11/14– Mr. McFadden indicated we opted for the COSTARS program for the coming year and the bids are now open. The price for the early delivery is $62.26 per ton and then after Nov. 1, that price goes to $65.27. We did benefit by making the purchase in July. We bought tonnage to fill our shed under the old contract, which was $54.77. We did realize a fairly decent savings by filling the bin prior to the end of the year. Mr. McFadden stated most municipalities are seeing increases of around 30 to 40. It is because of last winter creating a demand, there have been significant price increases.
  • Non-Uniformed Employee Pension Plan MMO – Mr. McFadden stated the Minimum Municipal Obligation for our non-uniformed pension plan has been received. Theincrease in the MMO was minimal; an increase of $2,199 over the prior year. Mr. McFadden is investigating with a consultant a “drop provision” option for our non-uniformed pension plan. This is to attempt to address the situation we have discussedregarding the absence of any death benefits in the current plan.
  • Health Plan – Mr. McFadden mentioned he is working with a broker on the 2015 health plan and hopes to have a recommendation for the Board by the agenda meeting on September 29, 2014 and then the contract for 2015 will need to be executed in the month of October 2014.
  • 2015 Budget – Mr. McFadden indicated that he has distributed memosto staff to begin the preparation process. The target date for adoption of the 2015 budget is December 8, 2014.
  • Request for Executive Session-Mr. McFadden reminded the Board that he is asking the Board for an Executive Session at the end of the meeting to discuss two real estate matters and one legal matter.

Mr. Madigan recommended a motion to approve all Items on the Consent Agenda as submitted/amended. Mr. Scavo moved to approve, seconded by Mr. Candek; vote in favor was unanimous [4-0].

  1. Legal Matters

None.

  1. Unfinished Business

6a. Marshall Township will consider the creation of a Transitional Zoning Overlay (TZO) District and have it apply to properties identified as Allegheny County Block and Lot Nos. 2372-F-3, 2372-F-2 and 2372-G-2 located on Freeport Road and 1998-N-6, 1998-N-5, and 1998-N-4 located on Warrendale Bayne Road. Marshall Township is also seeking to amend Sections 208-301, 208-303, 208-2604.OO, and to create Section 208-1550 of the Zoning Ordinance by providing for the uses permitted in the TZO, providing bulk and area regulations, providing the standards for conditional use approval and creating the Transitional Zoning Overlay District. Discussion. Possible Motion to Advertise Consideration of Ordinance – Mr. McFadden indicated in the Board's packets is a memo from our solicitor indicating work he has done on the potential adoption of a TZO and offered three options by which he believes might remedy the problems that were identified with the TZO. Consideration of the TZO formally died at the August 11, 2014 meeting. The ordinance had been tabled to that date certain and that meeting was not held, so the advertising expired. Should the Board wish to further consider the TZO in an amended form, direction to staff to prepare amended content and advertise that amended content would be needed. Staff still endorses the TZO concept, but an issue was raised by a resident that the rezoning may raise the issue of commercial access across TZO zoned property and Mr. Lucas responded with three potential options. Mr. McFadden suggested discussing the options at the agenda meeting on September 29th. Mr. Scavo made a motion for discussion at the September 29, 2014 agenda meeting, seconded by Mr. Troy; vote in favor was unanimous [4-0].

6b. Sale of Used 2005 Pickup Cab and Chassis. Motion to Ratify Sale Pursuant to August 11, 2014 Bid Opening – Mr. McFadden stated on August 11, 2014, bids on the sale of one used 2005 Pickup Cab and Chassis were opened. It was advertised with a minimum bid of $8,000.00. One bid that was in excess of the minimum bid was received and,on that basis, after checking with the Board, the sale of that vehicle was executed. A motion to ratify that sale is needed. Mr. Scavo moved to ratify the sale, seconded by Mr. Troy; vote in favor was unanimous [4-0].

  1. PLANS

7a. Public Hearing - Allie Alligator Learning Center; Northgate Drive; CU14-04; plans dated 7/22/2014; deadline: 9/22/2014-Mr. Madigan opened the public hearing at 8:02 p.m. Court Reporter Heidi Smith administered the oath to those wishing to testify. Mr. Baumiller noted the following be entered into the record: zoning ordinance, application, advertisement, and the recommendations from Planning Commission.

The following is a summary of the hearing. Transcript of hearing to be provided by Adelman Reporters and placed in file for future reference.

Ms. Zimsky stated the applicant is seeking conditional use approval to expand the Allie Alligator Learning Center child day care facility in the old Warrendale Elementary School on Northgate Drive. In 2010, conditional use approval was granted to allow Allie Alligator Learning Center to operate with up to 90 children and up to 14 staff on the site at a time (approx. 20 employees total, but they work in shifts). The current application is to expand to 110 children and up to 20 staff (approx. 30 employees’ total, working in shifts). The property is located in the Town Center (TC) Zoning District. Based on the Applicants plans 67 parking spaces are required; the site (with on street parking) has 72 spaces. The applicant meets the gross parking requirements; however they need to add one additional handicapped space to meet Township parking requirements. The Applicant is required to provide at least 7,150 SF of outdoor play space for the children. The Applicant has submitted the required standards for review. There was no additional public comment or comments from the Board.

This application was before the Planning Commission on August 18, 2014 and received a recommendation for approval. That vote was unanimous [6-0].

At the conclusion of the testimony, Mr. Madigan closed the public hearing at 8:14 p.m.

Consideration – Mr. Troy made a motion to approve the conditional use application submitted by Allie Alligator, seconded by Mr. Scavo; vote in favor was unanimous [5-0].

Jason Bragunier arrived during the public hearing at 8:08 p.m.

7b. Venango Trail- 8th Amendment (lots 195-197); SUB-FIN14-17; Venango Trail, plans dated 8/04/2014;deadline: 12/01/2014 – Ms. Zimsky stated this proposed plan is a subdivision along the party walls of the NRV (Heartland Home Townhouses) being constructed on Lots 195-197 of the Venango Trails Development. Mr. Scavo made a motion to approve the subdivision plan, seconded by Mr. Bragunier; vote in favor was unanimous [5-0].

7c. Park at Marshall; Refresh Approval. Motion to Authorize Chairman's Signature – Mr. McFadden stated this is a prior approval of the Board, but it needs a refreshed date for recording purposes. The developers are now in a position to seek financing from the financial institution and the financial institution needs evidence of a recorded plan in order to issue financing. Mr. Troy moved to approve Chairman's signature imposing all conditions on the original approval, seconded by Mr. Scavo; vote in favor was unanimous [5-0].

  1. New Business

8a. Proposal to Perform Services Regarding Wireless Facility Management. Cohen Law Group. Consideration – Mr. McFadden indicated this proposal from Cohen Law Group was submitted through the office of the North Hills Council Of Governments. It is a service that probably all members of the North Hills COG will eventually need to utilize. There is a relatively recent phenomenon of small cell towers actually in the physical right of way of municipalities. The latest issue of the Township News had an article called, "Cellular Attack". It recommends amending township zoning ordinances to fight or at least to regulate small cell towers. Cohen Law Group put together a proposal for a group rate for the North Hills COG. They based their services on the number of municipalities that would take advantage and also the population of the municipalities. They are offering to perform the service of amending the township regulations to address the issue. Mr. McFadden indicated he will discuss the fee matter and request an amended proposal with Mr. Cohen and will have additional information for the Board on September 29th.

8b. Innovation Ridge Partners, LP; Easement Agreement. Motion to Authorize Chairman's Signature – Mr. Madigan made a motion to authorize Chairman's signature. Mr. Scavo moved to approve, seconded by Mr. Troy; vote in favor was unanimous [5-0].

8c. Innovation Ridge Partners, LP; Resolution Accepting a Pedestrian Trail Easement. Motion to Adopt – Mr. Madigan made a motion to adopt Resolution #867 accepting pedestrian trail easement. Mr. Scavo moved to approve, seconded by Mr. Troy; vote in favor was unanimous [5-0].

  1. Correspondence

9a. P.C. "Traffic Study and Conceptual Plan of Improvements for the I-79 Wexford Interchange Area", Trans Associates. Commissioned by Franklin Park Borough – Mr. McFadden stated we received a copy of the traffic study and conceptual plan of improvements for the I-79 Wexford interchange area, which was prepared by Trans Associates and commissioned by the Franklin Park Borough. Mr. McFadden attended a meeting last week at the invitation of Franklin Park Borough with representatives of the Borough and PennDOT to discuss what was recommended in the study and possible improvements to the intersection. A number of possible improvements were discussed. The meeting resulted in PennDOT agreeing to do some traffic counts for use by Trans Associates for further analysis and further discussion.

  1. Seminars

None.

  1. Executive Session: Board entered into Executive Session at 8:20 p.m. to discuss one real estate matter and one legal matter. Upon return to public session, Mr. Madigan made a motion to authorize the Manager to make the necessary expenditures required for the acquisition of the Altmyer property. Mr. Candek made a motion to approve, seconded by Mr. Scavo; vote in favor was unanimous [5-0].

ADJOURN - Since there was no further business to come before the Board, at 9:08 p.m., the meeting adjourned. Motion by Mr. Scavo, seconded by Mr. Bragunier; vote in favor was unanimous [5-0].

Respectfully submitted,

Sheryl L. Snyder

Township Secretary

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