Council of the Municipality of Murrysville

COUNCIL OF THE MUNICIPALITY OF MURRYSVILLE REORGANIZATIONAL MEETING JANUARY 5, 2015 PUBLIC HEARING ON THE COMPREHENSIVE PLAN Mayor Brooks opened the Public Hearing at 7:00 p.m. Residents wishing to address Council included: Shirley Turnage, on behalf of CPRM and in her own right Chet Smolenski Eleanor Sharp] Alyson Holt Kathleen Borres Jennifer Copeland Most of the residents expressed concerns about the section of the plan dealing with energy resources. Shirley Turnage, speaking on behalf of Citizens for the Preservation of Rural Murrysville (CPRM), said the draft language of the Plan is totally inadequate and that the connection between the Plan and proposed zoning this activity is undefined and must be documented. Additionally, there needs to be specific language regarding Municipal policy regarding pipeline locations. Chet Smolenski said that while the Plan has many good features, it is woefully vague regarding the subject of “hydraulic fracking,” stating only that “the Municipality needs to review its current zoning regulations on oil and gas drilling to assure that its provisions provide for reasonable development of this energy resource while protecting to the maximum extent possible the public health and safety and the natural resources and land impact by this activity.” He believes that this wording seems to put development of this resource ahead of protecting the public safety. Eleanor Sharp told Council the Plan should be rewritten to reflect the Municipality’s constitutional obligation to safeguard residents’ health, safety, and welfare, and protection of the environment as its top priority. She said a study of the scientific data “should lead to the conclusion that fracking operations are incompatible and unsafe for the Municipality and should be prohibited.” Alyson Holt said the wording of the Energy Resources section is vague and does not strongly enough state the Municipality’s constitutional responsibilities as trustee and fiduciary to protect both its residents and its environmental resources. Kathleen Borres suggested that the language in the energy resources section of the Plan is too open- ended and it leaves the Municipality and the residents in a compromised state of unrest. She suggested that fracking be banned, as it is an industrial process; do not plan to re-zone to accommodate fracking; and do not attempt to permit fracking in an arguably unconstitutional overlay district. Jennifer Copeland, a new resident, said she feels the development of hydraulic fracking in Murrysville is dangerous and carries many health, environmental and safety risks. It also compromises the residents’ constitutional rights to “clean air, pure water and preservation of the natural, scenic, historic and esthetic values of the environment.” She said her family moved to Murrysville to provide a safe, rural, friendly environment for their children and asked Council to take into consideration all of the risks and how they will affect the growing generations of children who have no control over the environment that they are being placed in. Shirley Turnage again approached Council and said she believes the Comprehensive Plan Update Committee, of which she was a member, was dismissed before the final draft Plan was written. 1 COUNCIL OF THE MUNICIPALITY OF MURRYSVILLE REORGANIZATIONAL MEETING JANUARY 5, 2015 Because she feels the final vision document presented to Council was done without formal input from the community, she asked that her name be removed from the committee list in the acknowledgements. (Copies of all of the presentations are on file in the Municipal Office) Tim DeBiasse, owner of property at 4009-4063 William Penn Highway, came to Council regarding a prior request he had made to rezone his property from Mixed Use to Business. That request was denied and he indicated he was given no reason for the denial and was told to go to long-range planning. He believes the Comprehensive Plan is “long-range planning,” and hopes that there will be a way to re-zone the William Penn Highway properties to Business. Mayor Brooks suggested that Mr. Morrison and Mr. DeBiasse meet to discuss this issue at a later date. Mr. Morrison said that he received a letter from the Murrysville Economic & Community Development Corporation in support of the draft Comprehensive Plan. He said he was disappointed in Shirley Turnage’s comments concerning the dismissal of the group; and added that the committee was disbanded after the Plan was presented to Council at the first public hearing, which is the normal process. He said the oil and gas issue is difficult and staff is dealing with it through the Marcellus Task Force. He believes that the language proposed by the consultant in the plan provides the proper framework to move forward through the Task Force and ultimately come to Council. He said that the current plan has an action item listing, which the public can hold staff and Council accountable for as staff moves forward in the implementation of the goals and objectives. Mrs. Kearns said that calling the document a vision truly represents what it is: it’s what the people who were part of the committee think will happen in ten years; what the members of Council think will happen in ten years, but at the same time it is, in every sense of the word, a comprehensive plan. Mr. Kepler thanked everyone for taking the time to provide feedback to Council and said there were some very good points made. He said he was bothered by the perception of the one section of the Plan (energy resources) that gives the perception that staff is providing the opportunity to recover the oil and gas and that the welfare and safety of the public is secondary. He doesn’t think that is the intention of Council or the Municipality and he agrees that the wording of that section is something that needs to be looked at further. He will look at everyone’s statements and the draft and come up with comments. The other Council members had similar comments and agreed that the wording in the energy resources section needs to be cleaned up to more clearly reflect the intentions of the Municipality in protecting the health and safety of the residents. Mr. Lorenz added that, although the Plan is written in black and white, it’s not written in stone because things can and do change. Shirley Turnage again spoke to Council and asked if the existing 2002 Plan will be a supplement to the current Plan and if it will still be under consideration where it is not in violation of what is currently being proposed as the community vision. Mr. Morrison responded to Ms. Turnage by stating that the one thing the group did NOT want to do, which was done in the 2002 Plan, was to say that in ten years, under maximum growth, this is what’s going to happen in the community because, as Mr. Lorenz said, that doesn’t happen. Instead, the group agreed to take a look at a low end projection, a mid-range projection and a heavy projection for the development in the community. Ms. Turnage said there are some items not covered in the current Plan that were covered in the 2002 Plan and asked if those items would still be in force. Mayor Brooks said the past carries forward; the current Plan is only a modification, and if it wasn’t changed from the 2002 Plan, then it still holds. The 2002 Plan was not thrown out, but only modified. 2 COUNCIL OF THE MUNICIPALITY OF MURRYSVILLE REORGANIZATIONAL MEETING JANUARY 5, 2015 Mr. Morrison requested Council members to provide him with their thoughts on revising the language in the energy resources section of the Plan. With that, Mayor Brooks closed the Public Hearing at 8:00 p.m. REORGANIZATIONAL MEETING Council of the Municipality of Murrysville held its Reorganizational Meeting on Monday, January 5, 2015, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Regis Synan, William Vance, Loren Kase, David R. Perry, Joan Kearns, Jeffery Kepler, and Joshua Lorenz. Also present were Mayor Robert J. Brooks, Chief Administrator James R. Morrison, Solicitor George A. Kotjarapoglus, Finance Director Diane Heming, Public Works and Parks Director Bob Bell, and Recreation Direct Carly Greene. CALL TO ORDER: Mayor Brooks called to order the Reorganizational Meeting of Monday, January 5, 2015. PLEDGE OF ALLEGIANCE: Mayor Brooks led the audience in the Pledge of Allegiance. DETERMINATION OF VOTING ORDER – ROLL CALL: Carol Richardson determined the voting order and called the roll: Mr. Synan, Mr. Vance, Mr. Kase, Mr. Perry, Mrs. Kearns, Mr. Kepler, Mr. Lorenz. ELECTION OF COUNCIL OFFICERS: 4A. ELECTION OF PRESIDENT OF COUNCIL: Mr. Synan nominated Mrs. Kearns for President of Council. There were no further nominations. Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes, Mr. Perry – yes, Mrs. Kearns – abstain, Mr. Kepler – yes, and Mr. Lorenz – yes. Mrs. Kearns was elected President of Council for the Year 2015. 4B. ELECTION OF VICE-PRESIDENT OF COUNCIL: Mr. Perry nominated Mr. Synan for Vice-President of Council. There were no further nominations. Upon a roll call vote: Mr. Synan – abstain, Mr. Vance – yes, Mr. Kase – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes, and Mr. Lorenz – yes. Mr. Synan was elected Vice-President of Council for the Year 2015. 4C. PRESENTATION OF THE GAVEL: Mayor Brooks presented the gavel to Council President Joan Kearns. 3 COUNCIL OF THE MUNICIPALITY OF MURRYSVILLE REORGANIZATIONAL MEETING JANUARY 5, 2015 ANNOUNCEMENT OF UNLISTED AMENDMENTS: Under Consent Calendar Items – Add Items 7A and 7B, December 3 and December 17, 2014 Meeting Minutes to be Approved. Under Administration - Add Executive Session after 13 to discuss a Legal Issue (this will renumber the Agenda). Mr. Kepler moved to approve the agenda as amended. Mr. Lorenz seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: 7A. DECEMBER 3 MEETING MINUTES TO BE APPROVED 7B. DECEMBER 17 MEETING MINUTES TO BE APPROVED Mr. Perry moved to approve the Consent Calendar items. Mr. Kase seconded. All present voted aye. Motion approved. COMMUNITY INPUT: None. 11A. Mayor’s Appointments: 1. Chief Administrator – James R. Morrison 2. Municipal Secretary – James R. Morrison 3. Director of Finance and Taxation/Treasurer – Diane Heming 4. Assistant Treasurer – James R. Morrison 5. Director of Public Works and Parks – Bob Bell 6. Director of Community Development – James R. Morrison 7. Director of Recreation – Carly Greene 8. Chief of Police – Thomas Seefeld BUSINESS BEFORE COUNCIL: 12A. Confirmation of the Mayor’s Appointments: 1. Chief Administrator – James R. Morrison 2. Municipal Secretary – James R. Morrison 3. Director of Finance and Taxation/Treasurer – Diane Heming 4. Assistant Treasurer – James R. Morrison 5. Director of Public Works and Parks – Bob Bell 6. Director of Community Development – James R. Morrison 7. Director of Recreation – Carly Greene 8. Chief of Police – Thomas Seefeld Mr. Synan moved to affirm the appointments. Mr. Vance seconded. All present voted aye. Motion approved. 4 COUNCIL OF THE MUNICIPALITY OF MURRYSVILLE REORGANIZATIONAL MEETING JANUARY 5, 2015 12B. Council Appointments: 1. Zoning Officers – Select Two (2) Dave Jobe – Primary Mark Pisone – Assistant 2. Sewage Enforcement Officers – Select One (1) Primary, and One (1) Alternate Dave Jobe – Primary Mark Pisone – Alternate 3. Fire Code Official – Select One (1) Dave Jobe 4. Building Code Official – Select One (1) Dave Jobe 5. Municipal Engineering and Projects Coordinator – Select One (1) Mark Haugh 6. Official Newspaper Designation – Select One (1) Primary, and One (1) Alternate Penn-Franklin News - Primary Official Newspaper Tribune-Review - Alternate Official Newspaper 7. Solicitors a. Municipal – Select One (1) George Kotjarapoglus b. Zoning Hearing Board – Select One (1) Timothy J. Geary – Geary & Loperfito, LLC 8. Confirm State Appointment of Emergency Management Coordinator – Select One (1) William P. Yant, Jr. 9. Confirm Deputy Emergency Management Coordinators – Select Three (3) Barry DeLisio, Rich McDade and Joseph Paiano 10. Tax Appeal Officer – Select One (1) James R. Morrison 11. Legal Counsel for Labor Issues – Select One (1) Campbell, Durrant, Beatty, Palombo, & Miller P.C. 12. Emergency Services (Police, Fire, and Ambulance) Chaplain – Select One (1) Pastor Daniel Lawrence Mr. Perry moved to confirm the appointments. Mr. Kase seconded. Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Lorenz – yes. Motion approved. 5 COUNCIL OF THE MUNICIPALITY OF MURRYSVILLE REORGANIZATIONAL MEETING JANUARY 5, 2015 12C. Establish Council Meeting Dates and Times Mr. Vance moved to approve the Council meeting dates and times, with Council Meetings to be held on the first and third Wednesday of each month, with the Regular Business Meeting beginning at 7:00 p.m. Public Hearings would also begin at 7:00 p.m., with the Regular Voting Meeting immediately following the Public Hearings. Mr. Kase seconded. All present voted aye. Motion approved. 12D. Designate Official Depository – First Commonwealth, PLGIT, Citizens’ Bank, S&T Bank, Standard Bank, PNC Bank, and Dollar Bank. 12E. Reaffirm Bank Account Resolutions MUNICIPALITY OF MURRYSVILLE BANK ACCOUNT DETAILS AS OF JANUARY 1, 2015 BANK ACCOUNT NAME S & T Bank Clearing Account General Fund S & T Bank General Checking S & T Bank Greenplan Savings S & T Bank General Fund CD 4 active at 12/31/14 PLGIT General Fund PLGIT S & T Bank Police Charitable Gift Account S & T Bank Sinan Farms Sequestered Account Recreation Fund S & T Bank Recreation Checking S & T Bank Community Day State Fund S & T Bank State Savings S & T Bank State Savings CD S & T Bank Road Improvement Tax Capital Reserve S & T Bank Checking Account S & T Bank Construction Checking S & T Bank Greenplan Savings S & T Bank Central Recreation S & T Bank Emergency Equipment Savings S & T Bank Fee in Lieu Savings S & T Bank Route 22 Project Reserve S & T Bank Route 22 Project Reserve CD Standard Bank Traffic Impact Fee (Consolidated) S & T Bank Traffic Impact Fee CD First Commonwealth Facility Reserve CD Standard Bank Evans Road Waterline Account 6 COUNCIL OF THE MUNICIPALITY OF MURRYSVILLE REORGANIZATIONAL MEETING JANUARY 5, 2015 S & T Bank Evans Road Waterline CD S & T Bank Logan Ferry Road S & T Bank Logan Ferry Road CD Debt Service S & T Bank Checking Standard Bank Savings Hydrant Fund S & T Bank Checking with Interest Standard Bank Hydrant Savings S & T Bank Hydrant Savings Special Purpose Fund S & T Bank Special Purpose Checking S & T Bank Library Savings S & T Bank Medic One Bond Sinking S & T Bank Refinanced 2006 Bond Issue in 2011 S & T Bank Refinanced Fire Vehicle Lease S & T Bank Emergency Equipment Borrowing Other S & T Bank Gas Well at MCP for Comm. PA 12F. Reaffirm Bonding of Officials 1. Director of Finance and Taxation/Treasurer - $750,000.00 2. Mayor - $100,000.00 3. Tax Collector – Bonded by Westmoreland County Policy for Real Estate Taxes; Bonded by Municipality of Murrysville for Act 511 - $850,000.00 4. Chief Administrator - $250,000.00 5. President of Council - $100,000.00 6. All other Council Members and municipal employees – blanket bond of $50,000.00. Mr. Synan moved to designate the official depositories, reaffirm the bank account resolutions and reaffirm the bonding of officials. Mr. Kepler seconded. Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Lorenz – yes. All three motions approved. 12G. Council made the following Boards, Commissions, and Committees appointments: Environmental Advisory Council Mr. Synan nominated Thomas J. Willard for re-appointment. Mr. Kepler nominated Gary McClosky. There were no further nominations. Mr. Kase seconded the nominations. 7 COUNCIL OF THE MUNICIPALITY OF MURRYSVILLE REORGANIZATIONAL MEETING JANUARY 5, 2015 Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Lorenz – yes. Motion approved. Franklin Township Municipal Sanitary Authority Mr. Kepler moved to delay the appointment. Library Board Mr. Synan nominated Charles Greenberg, Susan Long and Theo van de Venne. There were no further nominations. All present voted aye for all nominees. Parks and Recreation Commission Mr. Kepler moved to delay the appointments. Mr. Synan moved to confirm the appointment of Herb Yingling as the Franklin Regional School Board liaison to the Commission for the year 2015, with Roberta Cook as the alternate. All present voted aye. Motion approved. Pension Plan Investment Management Committee Mr. Kepler moved to appointment of John Cardwell and Mark Miller. All present voted aye for both nominees. Motion approved Personnel Board Mr. Synan nominated James Drnjevich for a 4-year term. All present voted aye. Motion approved. Planning Commission Mr. Perry moved to delay the appointments. Traffic Impact Fee Advisory Committee Mr. Kepler moved to delay the appointment. Uniform Construction Code Board of Appeals Mr. Kepler moved to appoint Jason Remaley. There were no further nominations. All present voted aye. Motion approved. Zoning Hearing Board Mr. Kepler moved to appoint Tracy Zinn for a 5-year term. All present voted aye. Motion approved. ADMINISTRATION: 13A. REAFFIRM THE POLICE CAPTAIN’S AGREEMENT BETWEEN THE MUNICIPALITY OF MURRYSVILLE AND CAPTAIN CHUCK TAPPE. Mr. Lorenz moved to approve. Mr. Synan seconded. Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Lorenz – yes. Motion approved. 8 COUNCIL OF THE MUNICIPALITY OF MURRYSVILLE REORGANIZATIONAL MEETING JANUARY 5, 2015 13B. CONSIDER APPROVAL OF RESOLUTION NO. 634-15, DISPOSAL OF RECORDS. Mr. Kase moved to approve the Resolution authorizing disposal of certain public records, archives and printed public documents. Mr. Perry seconded. Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Lorenz – yes. Motion approved. 13C. CONSIDER RESOLUTION NO. 613-15, A RESOLUTION AFFIRMING ZONING HEARING BOARD APPOINTMENT(S). Mr. Perry moved to approve the Resolution confirming the appointment of Tracy Zinn for a five year term. Mr. Kepler seconded. Upon a roll call vote: Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Lorenz – yes. Motion approved. EXECUTIVE SESSION: Council adjourned to an Executive Session at 8:40 p.m. to discuss a Legal Issue and reconvened at 9:03 p.m. Mr. Perry moved to have Mrs. Kearns attend an emergency hearing on Friday (Jan. 9) with Judge Regoli on the Colpo sewage issue. Mr. Synan seconded. All present voted aye. Motion approved. OLD BUSINESS: None. NEW BUSINESS: None. OTHER BUSINESS: None. ADJOURNMENT: Mr. Kepler moved to adjourn. Mr. Kase seconded. All present voted aye. Motion approved and the meeting was adjourned at 9:05 p.m. car: 01/16/15 The Reorganizational Meeting was broadcast on local government Channel 19. A true and correct copy of the Council Meeting DVD is available for the public to purchase from the Municipality of Murrysville and is in the Murrysville Public Library for review. 9