TOWNSHIP OF NORTH HUNTINGDON, BOARD OF COMMISSIONERS SPECIAL MEETING, THURSDAY, APRIL 11, 2024, 7:00 P.M. 11279 Center Highway, North Huntingdon, PA 15642 Presiding Officer - Jason Atwood, President, Board of Commissioners  CALLTOORDER  Commissioner Atwood called the meeting to order at 7:001 P.M.  ROLLCALL  Commissioner Hempel - Present Commissioner Hagis-Tele-conference Commissioner Gray - Present Commissioner Zona - Present Commissioner Bevan Present Commissioner Gass - Present Commissioner Atwood Present PLEDGE OF ALLEGIANCE  Also Present: Manager Faulk Solicitor Dice Ryan Fonzi Kody Grabiak  Commissioner Atwood announçes the Board of Commissioners held an Executive Session to  discuss personnel and legal matters prior to the meeting.  CITIZENS INPUT  Michael & Sandra Hahalyak - 3030. Derby Court - provide photos of their property and state they live in Willow Estates since 2019i in which their property looks great in the first set of photos. The second set of pictures are current oft the same area and a third set of pictures taken in August 2023 showing the wash out onto their property due to an incorrect gradient with no swell that was supposed to be there in the permit. Exhibit A is a letter provided from neighbor John Botti where the incorrect gradient is causing the wash out, Exhibit B is a letter of enforcement from Bob Robinson in June 2023 to Mr. Wiggins. Exhibit C is an email from Mr. Robinson to Josh Andrykovitch, Code Enforcement Officer, August 2023 asking to prepare citations against Mr. Wiggins. The last exhibit is from October 2023 is a follow up email from Mr. Robinson to the Township Manager, Code Enforcement Officer and Kody Grabiak stating the decision of the magistrate finding Mr. Wiggins guilty on all four citations and is the understanding that the magistrate does not have the authority to grant relief. He states Mr. Wiggins paid the penalties imposed but since has never corrected the requirements of the permit. In closing, nothing has happened in the last five months and they would like to see the enforcement followed through. Sarah Helzlsouer- 1 12210 Adams Drive- - states shei is here regarding the chicken coop compliance and that she was unaware of any complaints except two that she sent letters about and were taken care of. She feels other issues that are up for discussion and that she should be given the proper ability to defend herself and make the changes. She also feels direct communication should be given either by the neighbors making the complaints or by the Board of Commissioners.    April1 11,2024  Jennifer Miller - 12230 Adams Drive - states she is Sarah's director neighbor and the chickens Lynnette Kinter-1 12230 Adams Drive - states the chickens add interest and there is no smell from them. She works from home and can hear the chickens but can also hear dogs barking.  are not aj problem at all, there is no odor or noise, and don't bother at all.  RESPONSE TO CITIZENS INPUT  Manager Faulk states he was under the impression that Solicitor Alexander had filed the appeal, but found out that he did not and also thought a civil action was going to be filed on behalfofthe residents, which cannot be done. In speaking with Bob Robinson, a civil action will be filed on behalf of the Township for enforcement and the wall has to be rebuilt in order to stabilize the ground. He will follow up with Solicitor. Alexander. Commissioner Zona states ift the residents have been told this work is going to be done, that this should be expedited as the residents have been patient during this time. Manager Faulk states he wants to make sure that tax dollars are not  being spent on private matters.  Chicken Complaints will be discussed during the meeting as it is on the agenda.  Work Sessions Discussion Topics  1) Chicken Coop Complaints - Adams Drive*  Manager Faulk states several complaints have been received and the Code Enforcement Officer then has to go investigate. Director Fonzi provided a memo of the complaints and states the letter received from the neighbor on March 11,2 2024 is the third official violation on the property. He states the third violation is difficult for the Township to enforce because we are not there twenty four hours, every day, but there are photos oft the chickens outside oftheir fence. The subjectivity ofc chickens is sO difficult because iti is based on opinions ofs smell or noise from the chickens. Mr. Fonzi states the third violation is of the chickens being outside of the designated area but unfortunately the conditional use permit is very vague and does not state three strikes and you're out. Ms. Helzlsouer states the chickens were still on her property and under her supervision. Mr. Fonzi states the chickens were roaming free and not confined, which is clearly stated in the conditional use permit. Mr. Fonzi asks the Board what they want to do about this because it is hard as a staff to manage this and he fears more approvals are going to come through. He feels a lot oftimei is being spent on1 this andi iti is unfair tol his department to be out doingi inspections based on opinions. He feels hard criteria with minimum acreage, etc., not the conditional use permit and he would like to turn it over to the Board for discussion on how to enforce. Manager Faulk echoes what Director Fonzi stated and the recommendation would be an ordinance. Commissioner Gray asks int the meantime what should be done with the conditional use process ifs somebody comes in to apply for chickens. Manager Faulk asks Solicitor Dice ift the Board creates an ordinance, what happens to the conditional uses that have been approved. Solicitor Dice states ifa conditional use has been approved and an ordinance is passed adding criteria would bel bound by that but you can't withdraw a permit that has already been issued. He states you can add conditions to the existing approval and suggests putting penalties in the new ordinance of either fines or removal of the chickens. Commissioner Zona states the use can be taken away ift the permit is revoked. He    April11,2024  also states he was against this from the very beginning and the cost to the Township and was assuredi litwouldn'tcost: the Township, whichi isi far from the case as stafftime and money arel being spent. Commissioner Gass states that is the job oft the Code Enforcement Officer to cite people with violations and addresses Ms. HelzIsouer about the multiple violations against her. He states he does not want to see this in front of the Board again and does not want to see the Code Enforcement Officer constantly going to her house about violations. Commissioner Gray asks the solicitor about having to deal with this situation separately, but in moving forward he wants to prevent other situations from coming to the Board and should the conditional use be repelled even though it would not affect his neighbors. Solicitor Dice states if the conditional use is repelled, you have effectively taken away future chickens and has a way of ending the issue. The other thing that could be done is take the ordinance and add some teeth toi it putting in fines andi removal of chickens. The most efficient is to do away with the conditional use. Director Fonzi clarifies that ifOrd. #2266 is repelled, it isj just taking the backyard chicken use out ofthe use-table. The Board can agree on a separate ordinance with criteria that would allow backyard chickens. Commissioner Gass states to Ms. Helzlsouer to not be the reason people cannot have backyard chickens. Commissioner Zona states Commissioner Gass-i is asking her to promise to follow the rules and a letter was signed by her, but" there are already multiple violations and he does not believe she will continue to follow the rules. He would like to see the issue put on the agenda for next week to repel the conditional use permit. Commissioner Hempel agrees and feels the need to establish perimeters to have chickens. The Board agrees to discuss. Commissioner Haigis states when this was discussed prior, the Board could not come to a consensus on the amount of property. He was willing to compromise and go down to one acre ofproperty, but the Board could: not agree and is why the conditional use permit was created. Commissioner Zona asks what to do with the current issue and do we continue as is until the next violations arises and comes before the Board again. Commissioner Gray states ift the Board comes up with an ordinance that would apply to this property to take her at her word that no more violations will occur. Solicitor Dice states he can envision paragraphs dealing with ift the chickens get out of their pens and running free, that there would be aj progressive: fine for every timei it happens and eventually removal. Commissioner Zona clarifies that the people that have approved conditional use permits, if the Board comes up with a new ordinance, that they would been subject to that ordinance. Solicitor Dice states they  would subject to the conditions in the ordinance, not taking away the use.  2) Keystone Collections Group Update  Manager Faulk states Keystone Collections Group is present for further discussion. He states they have tried multiple times to. get answers from the school district, but didn't get anywhere. Keystone gives an update and states they have reached out to the school district many times, but never had luck in setting up a meeting. They state that Irwin Borough is going to discuss further and also North Irwin. Manager Faulk states if the Board agrees, then an ordinance willl be drafted tor name. Keystone as the tax collector. Commissioner. Zona would like to seei it added tot the agenda  next week to advertise.    April11,2024  3) Update Zoning Ordinance  Manager Faulk states one oft the components in the Comprehensive Plan is to update the zoning ordinance as it has not been updated since 1991. To get the process started is to send a request to the Planning Department to start the process which could take aj year or two to update. The Board  agrees to start the process.  4) Tax Refund for Parcel No. 54-07-15-0-113*  Manager Faulk states this is a tax refund from the County that needs approved by the Board.  5) County Grant Agreement for $16,000 for License Plate Readers*  Manager Faulk states this a grant from the County for the purchase oflicense plate readers adding two more cameras, totaling three cameras in the Township. Manager Faulk states these cameras will be used when there is a crime where vehicles can be tracked and also missing persons or kidnapping. Commissioner Zona adds there are al lot oft regulations on personal information being used. Commissioner Gray asks after the first year that the grant pays for the cameras, what will this cost the Township. Manager Faulk states approximately forty four dollars per month. Commissioner Gray shares his concerns with surveilling all the time. Commissioner Zona states 6) ntergoyermmental Agreement with Penn Township for the paving of] Durst Rd* Manager Faulk states Penn Township is paving their portion of Durst Road and would like to extend the offer for North Huntingdon to pave our portion while the paving equipment is there.  itisi not surveilling all the time, just when al license plate is typed in.  7) MOU with AFSCME regarding adding equipment as Code IV* Manager Faulk states this gives operator pay for operating certain equipment. 8) Cornwall Drive and Derby Court Road Dedication Ordinance*  Manager Faulk states the Board made ai motion to approve advertising this ordinance last year, but ity was never advertised for dedication, SO the ordinance was just advertised and will be an action  item to take over those roads. 9) Surplus Equipment*  Manager Faulk states they reached out to the fire departments to see: ifthey were interested in any of the surplus equipment, but no one was interested. There will be an action item to put out on  auction with Municibid.    April11,2024  10) KU Resources Proposals*  Manager Faulk states these are proposals for Kenda Dam and the streambank and also the MS4 for pond conversions. He states one hundred thousand dollars have been budgeted for engineer costs and this helps getting the projects shovel ready while seeking grant money.  11) Pine Hollow Road  Manager Faulk states a grant was applied for last year to get this road repaired and unfortunately  was denied, but another grant opportunity just came upi tol be applied for.  12) Norwin Girls Basketball Team Proclamation*  Manager Faulk states he drafted aj proclamation for the Boards review. 13) Pennsylvania 811 Safe Digging Month Proclamation* Manager Faulk states this is aj proclamation to support safe digging.  PLANNING/ /ENGINEERING TOPICS:  1) S-06-2024: Leonatti Consolidation *Proposed lot consolidation on. Jack. Drive.  Director Fonzi states this involves two lots on Jack Drive in order to build a single family home. He states no sewage planning is needed as there are already taps available. The Planning  Commission recommended approval.  OLD BUSINESS  FURTHER BOARD COMMENTS  Commissioner Hempel states he drives throughout the Township on a daily basis. He states he was recently on Nike Site Road coming into the Township. There was an old building that Jake Petro from JP Operations purchased the building and transitioned. Commissioner Hempel proposes "Welcome to North Huntingdon Township" signs coming into the Township and have businesses sponsor the costs for the signs. Commissioner Atwood states there is an ordinance not allowing to place signs on property you don'town. Director Fonzi adds that PADot will: not allow signs in' the right of way or the property owner would have to give an easement for the sign. Manager Faulk states he will do some research. Commissioner Gray cautions about staff time  being used.    April11.2024  ADJOURNMENT Motion: Commissioner Zona Second: Commissioner Gray  Motion to adjourn.  Motion carried7-0-0 (8:13P.M.)  Special Meeting minutes of April 11, 2024, were approved by the Board of  Commissioners on May 15, 2024.  f4  MREOL  Jason Atwood, President  Harry R. Faulk, Township Secretary