REGULAR MEETING
November 16, 2009
The meeting was called to order at 7:00 PM by Commissioner Thomas Sray at the Municipal Building in Morgan, PA 15064.
PRESENT: CURL, SRAY, COX, CAFFREY, GABRIEL (arrived 7:04)
ALSO PRESENT: Township Manager: Michael W. Hoy, Township Solicitor: Jonathan Kamin, Township Administrative Assistant: Evonne Williams
APPROVAL OF MINUTES:
It was moved by CURL and seconded by COX with all Commissioners present voting AYE to approve the minutes of the regular meeting held on October 19, 2009.
PETITION OF CITIZENS/PERSONS REQUESTING TIME
Colleen Pollock-concerns and issues with the Athletic Association
Rich DeYoung, Tim Berry, Ellen Ashburn-rezoning supporters
CORRESPONDENCE - None
CONSENT CALENDAR ITEMS A. DEPARTMENT REPORTS B. PAYMENT OF BILLS
C. AMENDMENT TO AGENDA
It was moved by CAFFREY and seconded by COX to amend the agenda to add item L to extend the deadline previously imposed by the board to December 31. 2009.
It was moved by CURL and seconded by CAFFERY to approve the consent calendar items. All members present voted AYE to the motion.
LIAISON REPORTS
Commissioner Curl-Commissioner Caffery and I attend the Feasibility Study Meeting. There is no meeting for December. Cash bash was Saturday night. The COG Meeting will be held here this Thursday. Parks and Rec discussed the building that will be going in at Fairview. I did bring up the SFAA just to know what was happening.
Commissioner Gabriel-We had the dedication for the new command vehicle. (Commissioner Gabriel read a short article from the Post Gazette about the dedication of the command vehicle).
Commissioner Caffrey: I thought the cash bash was very poorly attended. To the extent that people in the local community do not support the local fire departments by donating money at donation time in October or by attending fundraisers, eventually we are going to have to hire people to do that job.
On the Feasibility Study I am actually satisfied the way the feasibility study has gone in terms of trying to gauge public interest from sports groups, from non-traditional groups, homeowner groups, senior groups and random surveys. People want a lot of things and they don’t want to pay for them. That poses a quandary in how you are going to build it. We are down to what do the people in the community want. The biggest thing people want are places to do things. They want places that are flexible so they can do a lot of things. The second things are gymnasiums. January to February is when we will get our final reports.
We went on a tour to look at a regional gas processing system facility in Houston. We also got a look at a compressor station. There is the rig and the well that is left. That gets transported by truck or pipeline to a processing facility. In this area, it will be transported by underground piping. That comes out of the well in the low pressure. The pressure station pressurizes it and create high pressure and get it down to the processing plant. The processing plant is what separates the liquid hydrocarbons from the gaseous part of the natural gas. We also went on a tour in Hickory to look at an active drill site. We got to hear the sounds. It was not that loud. We have not heard what happens when they do the fracking.
We also went on a tour of Mayview State Hospital with the Department of General Services.
Commissioner Sray-Public Works completed the extension of the road to 24 feet. I have no other report.
Commissioner Cox-The Library Board met and has decided to move ahead and hire the group to do the feasibility study for a new library. This year’s fund raising is going pretty well this year.
MANAGER’S REPORT Mr. Hoy: On the Comp Plan we are forming a steering group. The kickoff meeting will be early in mid-December or early January.
Architect selection committee, we have three dates scheduled: November 23, November 30 and December 8. We are hopeful that a recommendation will be forwarded on to the Board of Commissioners for the December Workshop Meeting.
On Building Inspection Consulting Services, we are holding interviews with the final two groups. We are hoping to have a recommendation to the Board of Commissioners for the December Workshop Meeting.
We have a retiree in the Public Works Department, Wayne McGinnis has sent in his required documents for retirement from Public Works effective December 1st. He has some accumulated time off that he will use the remainder of the year.
Next special budget meeting is December 7th. I did attend the Act 32 Tax Collection where the State went to mandatory collection. I have attended two meetings. We did our preliminary meeting where we elected officers. I am serving on the RFP committee for legal services.
The movie company will be using Star City for a few days while filming the movie. The movie is not being shot there it is a staging area only.
The Facilities Review Committee will not meet the remainder of the year. We will meet after selection of the architect.
SOLICITOR’S REPORT
Mr. Kamin: We have received in the new round of appraisals from Newbury and we will be starting with the contact of the two property owners for the right of way acquisition.
We received correspondence from the State regarding the rezoning. This includes emails that I have received this afternoon from the State. They have requested that we table the rezoning with respect to Mayview until next month because they believe there will be some items happening this month that may be of interest to us or relevant to our decision. They had asked for this to be tabled indefinitely but we think now they are looking for a month for themselves.
Commissioner Caffrey: To the extend that the zone remains what it is or becomes conservation district, that has zero impact on potentially what could go there. Anyone is always welcome to request a rezoning. Is that correct?
Mr. Kamin: Absolutely. I shouldn’t say not zero. It has an impact. It is just what your permitted uses are for that district. (discussion continued on this subject)
OLD/UNFINISHED BUSINESS – None
NEW BUSINESS
A. Consider F-08-09, Bursca Plan of Lots, Minor Subdivision, 3107 Washington Pike, Zoned C-2.
Mr. Hoy-This item was reviewed at our November Workshop Meeting and was also recommended for approval by the Planning Commission with conditions at their October meeting. Staff is recommending approval with conditions outlined in Attachment 12A of your packet.
It was moved by CAFFREY and seconded by COX to approve F-08-09, Bursca Plan of Lots, Minor Subdivision, 3107 Washington Pike, Zoned C-2. All members present voted AYE to approve the motion.
B. Consider SP-06-09, Gillece Warehouse, Land Development Plan, 3000 Washington Pike, Zoned C-2.
Mr. Hoy-This application was also reviewed at our November Workshop Meeting and came forth from the October Planning Commission Meeting where they recommended approval with conditions. Staff is recommending approval with conditions as outlined in Attachment 12B of your packet.
It was moved by GABRIEL and seconded by CURL to approve SP-06-09, Gillece Warehouse, Land Development Plan, 3000 Washington Pike, Zoned C-2. All members present voted AYE to approve the motion.
C. Consider SP-07-09, South Fayette Township Municipal Authority Garage, Land Development Plan, Presto Sygan Road, Zoned PED.
Mr. Hoy-This was reviewed at your November Workshop Meeting and also came forth from the October Planning Commission Meeting where they had recommended approval with conditions. Staff is recommending approval with conditions as outlined in attachment 12C of your packet.
It was moved by GABRIEL seconded by CURL to approve SP-07-09, South Fayette Township Municipal Authority Garage, Land Development Plan, Presto Sygan Road, Zoned PED.
Commissioner Caffrey: I have a legal question on number 3. It references an agreement between the Municipal Authority and Newbury Market, I wondered if that is appropriate to be part of our conditions.
Mr. Kamin: I think that that is OK. That is part of the reason why those improvements are required as part of our approval.
All members present voted AYE to approve the motion.
D. Consider adoption of an ordinance to rezone various properties to the newly formed Conservation District (CD-1).
Mr. Hoy-This item was reviewed at our November Workshop Meeting. All required public hearing and public notices have been met. Staff is recommending that we have additional discussion in Executive Session on this item.
It was moved by COX and seconded by GABRIEL to adjourn to Executive Session for additional discussion. All members present voted AYE to the motion.
Mr. Hoy: This will be to discuss a legal issue and there could be action taken.
It was moved by CAFFREY and seconded by COX to return from Executive Session. All members present voted AYE to the motion.
It was moved by CAFFREY to approve Ordinance No. 6 of 2009, rezoning various properties within the Township from their current zoning classification to CD-1 to be known as Conservation District. As part of that motion I want to note that maps are attached as exhibits and of particular importance is Mayview Hospital and that it is not the entire property but only a portion of it. It was seconded by COX.
ROLL CALL: For the Motion: CAFFREY, COX
Against the Motion: CURL, SRAY
Abstain: GABRIEL
2:2 Motion fails
It was moved by GABRIEL to table this item for a period not to exceed 60 days.
There was no second. Motion fails.
Mr. Kamin: Is there another motion?
It was moved by CURL to table this item to the December Voting Meeting. It was seconded by GABRIEL.
ROLL CALL: For the Motion: CURL, GABRIEL, SRAY
Against the Motion: CAFFREY, COX
3:2 Motion Passes
E. Consider the adoption of an ordinance that would establish a Deferred Retirement Option Program (DROP) within the Police Department Pension Program.
Mr. Hoy: This item was reviewed at the November Workshop Meeting. All public hearing and public notices have been met. This ordinance is ready for consideration and that would be Ordinance No. 6 of 2009.
It was moved by CURL and seconded by COX to adopt Ordinance No. 6 of 2009 establishing a Deferred Retirement Option Program (DROP) within the Police Department Pension Program. All members present voted AYE to approve the motion.
F. Consider authorization to advertise an ordinance establishing the Township’s 2010 Real Estate Taxation Millage level.
Mr. Hoy: This was discussed at our November Workshop Meeting. This is simply authorization to advertise said ordinance to set the millage rate equal to that rate of 2009. Staff is recommending approval.
It was moved by CAFFREY and seconded by GABRIEL authorize advertisement an ordinance establishing the Township’s 2010 Real Estate Taxation Millage level. All members present voted AYE to the motion.
G. Consider authorization to advertise the legal notice of the 2010 Budget Public Hearing for December 14, 2009 at 7:00 PM.
Mr. Hoy: Staff is recommending approval to authorize that notice.
It was moved by CAFFREY and seconded by COX to authorize advertisement of the legal notice of the 2010 Budget Public Hearing for December 14, 2009 at 7:00 PM. All members present voted AYE to the motion.
H. Consider setting the 2010 Township Service Level Employee’s Salary and Benefits Program.
Mr. Hoy: This item was reviewed at the November Workshop Meeting. We do not have contracts for service level employees so each year we approve or adopt the salary and benefits program as set in the 2010 Budget. Staff is recommending approval.
It was moved by CURL and seconded by CAFFREY setting the 2010 Township Service Level Employee’s Salary and Benefits Program.
Commissioner Caffrey: This is a policy that is why it does not have to be an ordinance or resolution?
Mr. Hoy: What was submitted at the Workshop Meeting was a breakdown of what those benefits would be. We do not amend the personnel policy we just adopt that program and set the limitations.
All members present voted AYE to the motion.
I. Consider setting the 2010 Service Level Employee’s Salary Merit Program.
Mr. Hoy: As discussed at our November meeting, we have no contracts for public works. For service level employees we annually adopt a merit program, which was provided at the Workshop Meeting and set in the 2010 Budget. Staff is recommending approval.
It was moved by CAFFREY and seconded by CURL to set the 2010 Service Level Employee’s Salary Merit Program. All members present voted AYE to the motion.
J. Consider a proposed resolution setting the 2010 Police Employee Pension Contribution rate at 3.5%.
Mr. Hoy: The next two Items J and K are related items. These are setting the contribution rates for Service Level Employees for Public Works and Police as outlined in item J. For Police it would be 3.5%. That resolution would be number 20. The follow-up resolution 21 would set the employee contribution rate for service level employees at 9.2%.
It was moved by CURL and seconded by COX to adopt Resolution No. 20 of 2009 setting the 2010 Police Employee Pension Contribution rate at 3.5 %.
ROLL CALL: For the Motion: CURL, SRAY, COX, GABRIEL
Against the Motion: CAFFREY
K. Consider a resolution setting the 2010 Service Level Employee Pension Contribution rate at 9.20%.
It was moved by CAFFREY and seconded by CURL to adopt Resolution No. 21 of 2009 setting the 2010 Service Level Employee Pension Contribution rate at 9.20%. All members present voted AYE to the motion.
L. Consider a request from Trumbull Corporation to extend work hours thru December 31, 2009.
It was moved by CAFFREY and seconded by GABRIEL to approve the request from Trumbull Corporation to extend the work hours thru December 31, 2009. All members present voted AYE to the motion.
EXECUTIVE SESSION – LEGAL MATTER & LAND PURCHASE
It was moved by COX and seconded by CAFFREY with all Commissioners voting AYE to adjourn.
______________________________ _____________________________
Michael W. Hoy, Township Manager Thomas J. Sray, President
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