Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, May 6, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, May 6, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members William Vance, Jeffrey Kepler, Joshua Lorenz, David Perry, Joan Kearns, Regis Synan, and Loren Kase. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, Public Works & Parks Director Bob Bell and Municipal Planner Allen Cohen. MAYOR BROOKS WELCOMES THE FRANKLIN REGIONAL WRESTLING TEAM Mayor Brooks commented that the Franklin Regional wrestling team won the state championship two years in a row and invited the coach, Eric Mausser, Assistant Coach Greg Sill, and wrestlers in attendance to introduce themselves and speak about the program. Mayor Brooks acknowledged that coach Mausser was named the All- USA Wrestling Coach of the Year for 2014-15 and Coach Sill was named PA Assistant Coach of the Year. Coach Mausser commended the members of the team on their hard work and accomplishments, including tying the record for the most number of wrestlers in the finals (5), tying the record for most state champions from one school (4) and setting a new team point record. Coach Mausser congratulated the seniors and wished them well as they go off to college and said he is looking forward to next year’s season. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None. Mr. Kepler moved to approve the agenda as presented. Mr. Lorenz seconded. All present voted aye. Motion approved. Following comments by the Mayor and Chief Administrator, Mrs. Kearns noted that there is one item to be added to the agenda – 13D - Consider a Nomination to the Personnel Board, and moved to amend the agenda. Mr. Vance seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion to amend approved. Mr. Kepler moved to approve the agenda as amended. Mr. Vance seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. MARCH 18, 2015 MEETING MINUTES TO BE APPROVED C. APRIL 1, 2015 MEETING MINUTES TO BE APPROVED Mr. Vance moved to approve the Consent Calendar Items. Mr. Kase seconded. All present voted aye. Motion approved. car 5/19/15 Regular Voting Meeting – Wednesday, May 6, 2015 COMMUNITY INPUT: Alyson Holt of 4830 Primrose Lane addressed Council regarding the proposed renovation of the Community Center and suggested wall mirrors, which would attract more fitness and dance groups. She also suggested a playground area near the building to make it more attractive for family reunions, birthday parties, etc. She noted that there was a small playground there in the 1970s. A copy of her comments is on file with the minute book at the Municipal office. WORKSHOP ITEMS None. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 924-15, AN ORDINANCE ACCEPTING SARDIS PARK INTO THE MUNICIPALITY’S PARK SYSTEM. Mr. Synan moved to advertise Ordinance 924-15, an Ordinance accepting three parcels of real estate from Sardis Community Park, Inc. for community park use subject to the conditions and provisions contained in the deed of gift to the Municipality of Murrysville. Mr. Kepler seconded. Mr. Morrison explained that the Sardis Community Park, Inc. Board no longer had the finances or volunteers to continue to maintain the park and offered the property to the Municipality as a gift to continue using it as a park facility. Council previously authorized the solicitor to proceed with the work necessary to accomplish the transfer, which was done, and the deed was signed by Mrs. Kearns. He said he believes this will be a nice addition to the Murrysville park system and provide nice facilities in all areas of Murrysville. Mr. Perry noted that the ordinance states that only parcel two of the three parcels has to stay as either memorial or park. Solicitor Kotjarapoglus said that is correct and that the parcel is the smallest of the three. Mr. Perry also said that, according to the ordinance, all three parcels can be used as recreation, scientific, religion and one other use and questioned what would happen if the property is ever sold. The solicitor explained that since the Sardis Park board is a 50 (c)(3), they have to give the property to another comparable organization, which is the standard in the board’s by-laws. As long as the Municipality uses it for a park, or anything else comparable to that, the board’s by-laws requirements are satisfied. He said that parcel 2 has a separate obligation from the deed covenant and reverter; it’s either memorial or park use and if it’s sold, it reverts to the Pattersons. Mr. Perry asked what happens if parcel 1 or parcel 3 is sold. The Solicitor said it’s not a sale issue on those, but may require Orphans’ Court approval to make a change. Mr. Perry asked if all three tracts would have to stay as one of the four categories if they are ever sold. Mr. Kotjarapoglus replied that all three tracts would have to abide by the by-laws. car 5/19/15 Regular Voting Meeting – Wednesday, May 6, 2015 Mr. Morrison advised Council that the Municipality is now the owner of a shallow gas well on the property and its rights. There was no further discussion Upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion approved. 13B. CONSIDER APPROVAL OF THE SCHOOL RESOURCE OFFICER AGREEMENT FOR THE 2015-2016 YEAR. Mr. Kase moved to approve the agreement between the Municipality and the Franklin Regional School District. Mr. Lorenz seconded. Mr. Morrison advised that the agreement calls for a $78,000 split. Upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion approved. 13C. CONSIDER APPROVAL OF THE VOLUNTEER FIRE DEPARTMENT’S PERSONNEL ACT 153 CLEARANCES. Mr. Kepler moved to approve payment for the clearances. Mr. Kase seconded. Mr. Morrison explained that, as a result of recent changes to the Child Protective Law which requires that anyone that has control, contact or supervision of any child under the age of eighteen is required to have 3 clearances: Pa. criminal history, Pa. child abuse history, and FBI criminal history if not a resident of Pennsylvania for ten years and have not committed one of the crimes listed in the Act. This affects the Volunteer Fire Company through the junior firefighter program where individuals or a group of firefighters are instructing young people under the age of 18. It is staff’s recommendation to support the fees associated with the 2 Pennsylvania clearances, which are $20; it is estimated that there are between 120 and 150 volunteers and this is a three-year cycle for the review. Mrs. Kearns noted that the original motion did not specify that the Municipality cover the cost of two clearances and asked for a motion to amend. Mr. Kepler amended the motion to approve payment for the two clearances required by the State of Pennsylvania. Mr. Kase seconded. On the amended motion, upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Amended motion approved. On the original motion, as amended: Upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion as amended approved. 13D. CONSIDER AN APPOINTMENT TO THE PERSONNEL BOARD. Mrs. Kearns nominated Bill Kratzenberg. Mr. Vance seconded. There were no further nominations and, upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion approved. car 5/19/15 Regular Voting Meeting – Wednesday, May 6, 2015 COMMUNITY DEVELOPMENT: 14A. CONSIDER RE-APPROVAL OF S-4-14, LYONS RUN SUBDIVISION Mr. Perry moved to approve the two-lot subdivision located on School Road South at Boxcartown. Mr. Synan seconded. Municipal Planner Allen Cohen explained that the plan was originally approved by Council but there were some issues that needed to be negotiated between the parties, which were done and acceptable to the Municipality. The ninety-day time period for recording the plan expired, so it now comes before Council to be approved for recording. There were no questions from Council. Upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion approved. 14B. UPDATE ON THE MARCELLUS SHALE TASK FORCE. Municipal Planner Allen Cohen reported that it has been a year since the task force first met and that it has been a very educational and productive year in looking at this very serious issue. He continued by saying that the results are not easy; this is a very detailed and complicated land use issue that will evolve over time and Murrysville should be commended for looking at its current ordinance and what can be done to improve it as a result of the Robinson Twp. decision by the Supreme Court. He said the last meeting of the task force was to begin to wrap up the activity and that one of the goals of the task force was to produce a report to Council to provide information, education, options, alternatives and analysis of what decisions could be made by Council in amending the current oil & gas drilling provisions. The task force was asked to provide feedback and suggestions on the final form of the report, which will then be presented to Council as an instrument that can be used to deal with the important issues of oil & gas drilling. Discussion at the last meeting included consideration of preparing a draft ordinance as a result of the options that were presented and discussed formally in the report. Planning Commission representatives on the task force indicated a desire to play a greater role in the exercise of producing a draft ordinance pursuant to its mission under the MPC. The option is being entertained to present the final report to the Planning Commission, who would then take it under their domain to study, review and analyze the presentation of the report, as well as other information they feel appropriate to come back to Council with recommendations on a draft ordinance. Mr. Morrison said that if it is Council’s desire to direct the staff to forward the report and existing oil & gas ordinance to the Commission, it is anticipated that Council action will be taken at the May 20 meeting. He said the draft will be formalized and put in a professional format to present to both the Commission and Council. Council members were in agreement to take action on this item at the next meeting and forward it to the Planning Commission. It was decided that the committee will not be disbanded, but put on hiatus in the event further action is needed. car 5/19/15 Regular Voting Meeting – Wednesday, May 6, 2015 PUBLIC WORKS AND PARKS: 16A. CONSIDER APPROVAL OF CONTRACTS FOR MATERIAL BIDS. Mr. Synan moved to award contracts for various road materials for the Department of Public Works for the contract year June 1, 2015 to May 31, 2016. Mr. Kase seconded. Robert Bell, Director of Public Works and Parks, explained the various bids received for asphalt, stone, pipe, road signs, line painting & guiderail as itemized on the memorandum attached to the agenda briefing. Upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion approved. 16B. CONSIDER APPROVAL OF CONTRACT FOR DEER CARCASS REMOVAL. Mr. Kepler moved to award a three-year contract for deer carcass removal to Steve Boeser. Mr. Synan seconded. Mr. Bell explained that Mr. Boeser’s service has been very good in prior years and the budget line item has dropped from $15,000 to $7,000 with the number of deer carcasses dropping from 150 per year to 70. He said the number of deer harvested in the park hunter program has gone up and the road kill has gone down. There was no additional discussion. Upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion approved. 16C. CONSIDER APPROVAL OF CONTRACT FOR MOWING OF ADMINISTRATION BUILDING AND PARK LAND. Mr. Kase moved to award a one-year contract to Lawn Sense, Inc. for mowing and trimming at various Municipal properties in the amount of $4,079.00. Mr. Lorenz seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion approved. 16D. CONSIDER APPROVAL OF CONTRACT FOR CHAMBERS PARK TENNIS COURT REPAIRS. Mr. Lorenz moved to award a contract for repairs and painting of the tennis courts at Chambers Park to Lutz Tennis & Asphalt Company in the amount of $9,950. Mr. Perry seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Kepler – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Kase – yes. Motion approved. OLD BUSINESS: Mr. Morrison reported that some of the plantings on the medians along Rt. 22 have been updated and replaced and the front of the Municipal Building is getting a make-over. NEW BUSINESS: Mrs. Kearns asked that staff send a letter of congratulations to Jamie Falo on her invitation to participate in the Public Library and STEM Conference to be held in Denver. Mr. Lorenz advised everyone about the changes in Pennsylvania law regarding clearances for anyone having any contact with minor children (i.e. car 5/19/15 Regular Voting Meeting – Wednesday, May 6, 2015 youth sports groups, Boy Scouts, etc.) and suggested anyone involved in those types of activities should check the law and obtain the necessary clearances. Mr. Vance expressed a concern about a few properties along Old William Penn Highway that are in various states of disrepair and asked if there is anything that can be done. Mr. Morrison said he is aware of three properties and noted that one is close to being demolished, the second is tied up with the bank and the third just received notice. Mayor Brooks said the grass at the former PNC Bank site is too high and needs to be cut. Mr. Morrison said there is a program in place where staff gives notice to the property owner; if there is no response, it is cut and the property is liened and the owner cited. Mrs. Kearns said she believes the grass has to be 16” before anything is done and said that ordinance needs to be looked at. EXECUTIVE SESSION: None. ACTION ITEMS: None. ADJOURNMENT: Mr. Kase moved to adjourn. Mr. Perry seconded. All present voted aye. The Council Meeting concluded at 8:22 p.m. The Regular Voting Meeting was broadcast on local government Channel 19. A true 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. car 5/19/15