TOWNSHIP OF NORTH HUNTINGDON, BOARD OF COMMISSIONERS WORK SESSION MEETING, THURSDAYSEPTEMBER 12, 2024, 7:00 P.M. 11279 Center Highway, North Huntingdon, PA 15642 Presiding Officer- - Jason Atwood, President, Board of Commissioners:  CALLTO ORDER  Commissioner Atwood called the meeting to order at 7:00 P.M.  ROLLCALL  Commissioner Hempel - Present Commissioner Haigis - Present Commissioner Gray Present Commissioner Zona - Present Commissioner Bevan - Present Commissioner Gass - Absent Commissioner Atwood - Present PLEDGE OF ALLEGIANCE CITIZENS INPUT  Also Present: Manager Faulk Assistant Manager Ryan Fonzi Solicitor Dice Kody Grabiak  Leah McGhee - 149 Skellytown Road = states at the last meeting a lot was said about how the developers are good guys and live in the Township. She did research on their company to find out al little more information on them but didn'tfind a whole lot ofinformation and wonders what their qualifications are to build this type of complex. She states the company has done construction work and built al building in Greensburg, but what has been done to qualify them to build this large ofa complex which is ai major consideration. Ms. McGhee also states there has been mention that this is early in the process and the one dollar per year lease, but she has not heard anything about what benefits are for the Township, return on investment, new taxes, new businesses and new homes. She states you have to provide numbers to say exactly how much money is coming back to the Township and has not heard anything about that. The next thing she is concerned about is accountability and ift they don'tmeet the set goals will there be penalties in place. The last thing she heard at the last meeting was not having the proper representation from the community and creating a board of directors that the Township should be permitted to be on the board. She also wants to know what the plan is for light and noise as this will be in her backyard and the Board Greg Rodgers - 501 Janet Drive = states he spoke at the last meeting and is concerned about the sports complex in his backyard. Some of the concerns are the one-dollar lease and what exactly isint the lease tos seei ift the concerns are valid. He states during the Centennial ofthree days, which was great, but he would not want the light and noise year-round. This is going to be a pay to play sports program where the investors will make aj profit and is not about the community. The  needs to dig deeper before a decision is made.    September 12, 2024  complex is going to be loud with a lot of light and traffic flow problems. He feels this should go Jim Feczko - 490 Charles Drive - states he borders the sports complex proposed area and has the same concerns as Greg. He states he has lived there for nineteen years and is very peaceful. He states he can hear Public Works working in the mornings very clearly, but this complex will be every day, every weekend all year round. He also wants to know what the plan is for the noise Jon Puskar - 550 Charles Drive - states hel has spoken at the last couple meetings and echoes what the two previous speakers said and also Ms. McGhee. He states he has been told that even ifthis fails, something is going there and wants to know ift that is true. He asks who do the residents go Adele Brajdich - 361 Charles Drive - asks when the lease is going to be released to the public as nobody has given the residents any information and she feels that is wrong. She asks what the zoning of the property is where the facility is proposed and where are the people going to access the property should it come to fruition. She states a lot of the neighborhood residents walk every Dave Martinelli - 14292 Valley View Drive - states he as spoken before and as a general item he isnoto opposed to thei idea ofincreased recreational areas but what he is concerned about ist thel lack ofinformation to the residents. He states normally a developer finds private property toj purchase to develop their plans, but this is different because it is public property and even though the proposal is for a lease may fit the definition of what is considered legally sufficient but may not encompass those items unique to aj public and private deal and because iti is public property worry about costs to the tax payers that are unnecessary. He feels inl his opinion, anything that is worked out with the developers has to be more thanj just legally sufficient from a general lease standpoint. He states the lack ofi information is upsetting to the residents and whether the Board decides to continue with the developers and someone else, these same questions will come to the table and need to be addressed. He states once the public feels relatively certain that the majority of their concerns are addressed then it is safe toj proceed. He states he does not oppose the idea but very much opposes the lack ofi information and leaves it to the Board to decide a development that is  to aj public vote and not for the Board to decide.  pollution, light pollution and increased traffic.  toi for answers and wants transparency.  day and is very peaceful and quiet but the complex will bring a lot ofnoise.  fair and reasonable for both sides. RESPONSE TO CITIZENS INPUT  Commissioner Atwood states all the comments were about the sports complex. The Board had no  comments.    September 12,2024  Work Sessions Discussion Topics 1) Sports Complex Lease  Manager Faulk states last month the Board directed Solicitor Dice to meet with the developer's attorneys toi iron out some milestones with additional language and presented to the Board ini thei red-lined version received last week. Commissioner Gray corrects and states the Board received the latest version of the lease Tuesday morning. Solicitor Dice states he received it on Monday. He states he met with the developers and their attorneys, and a draft came out either Friday or Monday in which he sent itt tol Manager Faulk who then distributed it to the Board. He states there were some milestones put into the lease that weren't there before. Solicitor Dice states he is not an advocate of whether or not we should or shouldn't do this, but this process is at the very beginning, maybe only five percent, and ifthe lease gets approved at some point the next step will be for the developer to come back in front ofthe Board to submit a site plan that comply with the SALDO ordinances and all the land-use ordinances such as lighting, transportation, entrance ways, sound-proofing, etc., then it becomes relevant at that point because that is when the developer will show us their plan. He states right now there is no plan submitted and the developer is attempting to get themselves in a position to go out and get financing to start the project. He states hel has been told the developer is going to be investing upwards of thirty million dollars and ift they are going to invest that amount ofmoney they are not going to want residents upset with them. He feels there are going to be a series of meetings with the developers with the Planning Commission going first who will make recommendations that will come back to this Board and in the interim may have to go the Zoning Hearing Board: for any variances or special exceptions that may be: needed for the land tol bel become developed. He states eventually the residents willl have another look at it where they can decide ifit meets the criteria ori if itd doesn't. Solicitor Dice states this ground lease opens up the door for them to be able to go and get the financing and come back with a plan and at that point the residents and the Board get another chance to decide. Commissioner Gray states he has read the agreement and agrees we are very early in the process and the developers would have to come back to the Planning Commission and have multiple meetings, however what we are: not far away from is the land lease agreement and it is his opinion that once we sign the lease agreement we lose our leverage on any consideration other than the Planning Commission and rules that apply to any development ini the Township. He feels we would lose all leverage in saying what is in it for the township residents, what are the field uses, benefits or discounts and what rights does the Township have. He feels this agreement gives up all of the Township rights and could tie us up in court for one hundred sixteen years. He agrees with the residents to make the lease public. Commissioner Zona states he does not know of any agreement with a business that is under negotiation that is made public to anybody. He states once an agreement is made acceptable to the Board and put on the agenda, then could bei made public, but not before. Solicitor Dice: states under the Sunshine! Law there are exceptions ofwhen you are not required to make something public until it is signed and consider pre-decisional. He suggests itis up to the Board whether or not to make it public before it is executed. Commissioner Gray states this is being negotiated on public property and feels it should be made public. Commissioner Haigis states when the exclusive agreement was signed he believes in the language stated the Board would not release until the final draft. Solicitor Dice states if the Board decides to release the agreement, they can. Commissioner Hempel states he isi in favor ofreleasing the agreement because iti is on public property and residents should see the agreement. Manager Faulk states as the Right' Tol Know Officer and to stay within the guidelines, if any resident wants to see the agreement can fill out a Right To Know Request. Commissioner Gray states it is his understanding that the Trib was denied the Right to Know Request. Solicitor Dice states that is correct because of the rules that if you are in the midst of negotiations, the contract does not get released unless the Board agrees to. Commissioner Zona agrees it would have to be voted on by the Board. Solicitor Dice agrees that al Right Tol Know Request has to be submitted and will be documented. Commissioner. Haigis disagrees int that ifiti is the Boards pleasure to make itj public, could  put it on the Township webpage    September 12,2024  instead of making the public file al Right To Know Request. Solicitor Dice agrees that ift the majority of the Board votes to, can make it public. Commissioner Haigis states he still has conçerns with the one hundred sixteen year land lease and wants the Township to have the right to terminate the lease after the first twenty nine years and from his understanding does not see that language in the current lease. He also states their community commitments and the fee structure is a concern as a lot of residents had concerns and their fee structure is the same as the school fee structure sO we are not gaining a cheaper facility. He also has conçerns about the Township only getting ten days per year for community events and feels the proposed one outdoor field within fivey years is unacceptable. Commissioner Haigis states from this current agreement does not see anything that really is benefiting the residents in a positive way and asks ifa anyone has spoken with employees from the Public Works Department that ifthis project would go through how would it affect them as far as useable land, vehicles going in and out, etc. Solicitor Dice agrees with what Commissioner Haigis said and states the ninety-nine-year lease is being negotiated to thirty years, but is not acceptable to the developer. He states the Board should sit down with the developer and talk about the concerns. Commissioner Zona asks ift the developers could answer some questions. Mr. Zugai states the at thej previous meeting there were certain requests made and they feel they have met those obligations. He states they are bringing a thirty-million-dollar facility into the community without asking for financial support other than the use oft the property. Hes states there will bei increased businesses, taxes and new jobs. He states he would love to see ten fields there but does not know what the ground will hold at this point or what the engineering will permit although they have had other opportunities to take the project to other townships. Mr. Ponsonby states at this point cannot make any guarantees until the engineering is complete on the layout of the complex. Commissioner Haigis appreciates everything that was said, but as a Township, willl lose control because in the contract there is notl language in it. Mr. Ponsonby states ift there iss something the Board would like to see in the contract would be open to adding it. Commissioner Gray states he understands the point of the money being invested but can't guarantee what the Board wants because they don't own the property and maybe the Board should sell the property to the highest bidder and would eliminate the Board of having to negotiate. Mr. Zugai asks ift they do purchase the property, how does that change the lighting and sound for anybody around the property. Commissioner Gray states itd doesn't but could register their complaints at the Planning & Zoning meeting. He states the Board is asking for things they can't guarantee. Mr. Zugai states they are trying not to over promise and under deliver and want toi make sure they do what they say they are going to do. Commissioner Gray states once this lease is signed the Townshipl has no leverage and does noti favor the lease. Hei feels thej property should be appraised and should be a lot of consideration to Public Works on how this is going to affect them. Commissioner Zona asks what the total land that we own which is approximately ninety acres and the proposal is to lease forty three acres. He asks the developers if they are paying full taxes and they state they are paying full taxes. Commissioner Zona states he would be in favor of releasing the agreement because there is al lot ofmisinformation. He states any building constructed in the Township has to: follow the SALDO which would address the light and noise. Commissioner Gray states it sounds like there are four votes to release the contract. Commissioner Hempel agrees that releasing the agreement would clear al lot oft the misinformation. Manager Faulk states it will be posted on our website tonight. Solicitor Dice states the current draft agreement that was received on September 11th will be released. Commissioner Zona states he would like to check the exclusivity deal that Commissioner Haigis mentioned. Commissioner Haigis clarifies that as long as the developer is ok with releasing the current draft, he would be in favor also. Mr. Zugai asks the Board to move this to vote next week, release it to the public, and move on to either doi it or not. Commissioner. Haigis states right now he is not satisfied with thel land lease and would bei in the developers besti interest to not have it on the agenda for a vote because his vote would be no with the current land lease. Mr. Ponsonby states they are: requesting to get to the final draft sO they are not constantly releasing draft versions and the way they structured it were hoping to go back and forth with negotiations then take it to vote. Mr. Zugai adds ifthey are negotiating with thirty thousand residents,    September 12,2024  he doesn't seel how we would ever get to a: final vote as the goal posts will always move. Commissioner Haigis states theyl have already moved the goal posts because the original proposal didn'thave: a splash pad or pickleball courts, but after hearing from the community, somehow all those things were in there. He adds they also would not be negotiating with thirty thousand people and will only be getting information, concerns, comments and suggestions. Commissioner Gray states thei negotiations would be with thel Board. Commissioner Haigis states he would like to see the possibility for the Township to approve a final engineering build out] plan and] have the right to deny a proposed plan, hel has concerns with the onel hundred sixteen year lease, hei feels reaching out tot thel Public Works Department to see. how thei facility would affect their day to day, jobs, he has issue with the fee structure and wouldn't benefit the residents who already can'ta afford the school district fees, also the ten days per year for community events. He feels the Board having a say on the final build out oft the property is more important than having a field built within five years. Commissioner Atwood clarifies that Commissioner Haigis would like thel Board to see ai master plan before anything construction begins. Commissioner Haigis states it could be parcel by parcel. Solicitor Dice states he cannot see an applicant investing in putting together all the information and the Board deciding they don'tl like it and says no. He states ift the plan meets the SALDO you lose the discretion of being ablet to: say no. Commissioner Zona asks ifthere is a way to bring down thei fee schedule below what the school charges. The developers state what they proposed is below what the school district charges and the fee schedule is from 2018 to set as a baseline. Solicitor Dice states he is looking for the developers to come up with the language concerning what happens when aj plan is submitted and the Township doesn't like it and can say no. Commissioner Haigis states he would be open toi ifthe developers. have a concrete master plan andi ifs something outside ofthe design plan changes, they would have to get approval from the Board to change the master plan. Commissioner Zona asks the developers ift they are ok with releasing the agreement. Mr. Ponsonby states they would like to update the agreement before it is released. Commissioner Gray states they say they will add things at the request of residents but what about taking some things out such as Page Eleven Section 8.1 in no event shall tenant have any obligation to open or operate at the premises, Page Sixteen Section 12.1 tenant may without prior Township consent assign the lease in whole ori in part to any affiliate, Page Seventeen Section 12.2 tenant may freely execute sub-leases that the Township is bound by, Page Seventeen Section 12.1 tenant shall have no duty to share any profits or provide any other remuneration or consideration to the Township as ai result of assigning the lease. He statesi it looks like the developers could lease thel land, not operate there, subdivide and subl lease and collect rent. The developers asks from whom would the sub lease to. Commissioner Gray states they have talked before about leasing to doctors facilities or office space. Mr. Ponsonby states that any program that utilizes thei fields would havet to sign al lease fori insurance purposes and would have at ton ofs sub leases as eachi team  comes in. 2) Frog Road  Manager Faulk states last month Commissioner Gass asked for an update on Frog Road. He states the houses on Frog Road are in a floodplain and causing the issues and concerns, but as far as a timeline on April 27, 2023 himself, Kody Grabiak and Commissioner Gass met on. Frog Road to start the discussion of the flooding concerns. They later discovered a sink hole and Public Works repaired it with a new catch basin and pipe. Manager Faulk states they also met with some ofthei residents about thel buriedy pipel between thel houses and therei isi no easement fort thej pipe and would havet to get an ordinance: and pay fort thej property. In October 2023, himself, Kody Grabiak and Bob Robinson met with the Westmoreland County Conservation District to discuss the creek finding that the Township would need an engineering firm to design the project. The DEP would be the governing body. In November 2023, Public Works found a buried catch basin between the two houses in the right ofv way and was replaced along with putting a pipe across thei road to dumpi into the creek. March 2024, staff discussed removing the source oft the water being dumped from Scotch Hill Road onto the properties and the Board authorized KU Resources to design stormwater inlets for Scotch Hill Road. Manager Faulk states the bid opening for Scotch Hill Road is on    September 12,2024  September 18, 2024 and have received eight bids and the successful bidder will have ninety days to complete the work. Moving forward, to get a profile of the stream will be estimated between twenty five and thirty five thousand dollars out ofnext years budget. They will put ai report together for the Board with acost benefit to see. how much it will bei to dredge the stream or toj purchase thej properties ini the: floodplain. Commissioner. Zona asks what the status is oft the changes made at thei intersection by Lions Park. Manager Faulk states LED crosswalk lights have been installed and have not received any complaints or accidents as far as hel knows. Mr. Batis states there are still issues with this intersection and people trying to cross unsuccessfully. He also states he: negotiates leases everyday for his job and publicly negotiating thes sports lease is non-productive and posting something that is not finalized is unproductive. He sees both sides of the fence and feels more internal conversations need to be had before releasing the agreement. There are other ways to get financing other than ai firm lease and the master plan they are talking about is part ofthe whole picture and can set benchmarks prior to that to be able to present to a bank for financing. Commissioner Zona states the upgrades on Mockingbird: Drive are very nice and asks ifthey are considered rumble strips. Manager Faulk states it is a thick paint. Commissioner Zona asks if the rumble strips can  bei installed on McKee Road.  LAMMING/INGINETRNG TOPICS:  1) S-10-2024: Lucas Plan Revision 1, McKee Road, R-2 Zoning *Proposed boundary line revision between two lots on McKee Road at Clay Pike.  Assistant Manager Ryan Fonzi states thisi is at the intersection ofl McKee. Road and Clay Pike with The Brickhouse property and the home next to ita at 11304 McKee Road. The homeowners would like to acquire .10 acres from Donato & Diane Pasquarelli. Planning Commission recommends  approval.  2) S-11-2024: Victor-Cooper Plan, Birmingham Drive, R-1A Zoning *Proposed boundary line revision between two lots on. Birmingham Drive.  Assistant Manager Fonzi states this is in the cul de sac of] Birmingham Drive in Lincoln Hills and was part of a detention pond. James Cooper lives at 503 Birmingham Drive and Ryan & Carina Victor live in Herminie and were going to build a home but the issue is Mr. Cooper encroached on their property with his pool and agreed to acquire 0.42 acres. Planning Commission  recommends approval.  3) S-12-2024: JP Land Holdings Clay Pike Villas, Clay Pike/Guffey Rd, R-2Zoning Proposed. subdivision located at the intersection of Clay Pike and Guffey Road. Assistant Manager Fonzi states thisi is at the corner ofGuffey Road and Clay Pike whereas JPI Land Holdings purchased 0.910 acres and intended to build a single family attached home / villa however the property was not zoned for that. Mr. Petro did get approval from the Zoning Hearing Board to get a zero foot sideyard setback and dedicated a portion to the State. There will be a shared driveway that required al highway occupancy permit and no sewage planning was needed.  Planning Commission recommends approval.    September 12, 2024  OLD BUSINESS  FURTHER BOARD COMMENTS  Commissioner Hempel announces the Norwin First Responders Event on Thursday, September Commissioner Gray asks if there are four votes to release the agreement next week and feels it should be public to receive feedback and convey the concerns to the developers. Commissioner Zona states he would be ok, but wants to see the exclusivity deal before released. Commissioner Haigis is ok to release the agreement to the public but if the current agreement is released then there will be an updated agreement in approximately three weeks and cause more confusion. He proposes to wait until the revised agreement is available. Commissioner Gray asks if the exclusivity agreement ends today and no longer bound by it. Commissioner. Atwood states is does expire today, September 12, 2024. Commissioner Zona suggests to wait for the updated contract.  19th at the Public Works Department from Spm-8pm.  Motion: Commissioner Haigis Second: Commissioner Hempel  Motion to release the amended draft that the solicitor and developer work out once Manager Faulk receivesit.  Solicitor Dice adds the developers attorneys do not act as quickly as the Board does and waited until the last minute with the current agreement. He would be surprised ifhe sees changes by next Wednesday. Commissioner Haigis states he just does not want toj put out multiple versions ofa draft lease. Solicitor Dice: states when you start to negotiate inj public, look out, because everyone is going to. have a say SO. He states he is looking for the developers to come up with the language because they are the ones that will have tol live with it. Solicitor Dice states the motion should be that Manager Faulk will release the contract as amended after tonight whenever he receives it.  Citizens Input:  Kevin McHugh - 14071 Route 993 Trafford - states he would prefer to get caught up now as tax Linda Eckert - 375 Fairwood Drive - states the questions she has are regarding liability and the groups that are sub leasing. Commissioner. Atwood states this is outside the scope ofwhat is being discussed and they are talking about releasing the lease. Ms. Eckert feels after the Board receives and reviews the amended lease, they should all agree with the lease before it is released. Commissioner Gray states his concern is the Board will not receive the amended draft until the last minute and be pressured to have it on the agenda two days later. Commissioner Zona states  payers are a couple months behind and contracts are often amended.  nobody should be voting on something they do not feel comfortable with.  Motion carried 6-0-0    September 12,2024  ADJOURNMENT Motion: Commissioner Zona Second: Commissioner Gray  Motion to adjourn.  Motion carried 6-0-0(8:39PM)  Special Meeting minutes of September 12, 2024, were approved by the Board of  Commissioners on October 16, 2024.  Jason Atwood, President  FL  Lasol  Harry R. Faulk, Township Secretary