Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, July 1, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, July 1, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Loren Kase, Joan Kearns, William Vance, Joshua Lorenz, Jeffrey Kepler, Regis Synan and David Perry. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, Police Chief Thomas Seefeld and Municipal Planner Allen Cohen. MAYOR BROOKS WELCOMES MURRYSVILLE AREA RADIO CONTROL SOCIETY Mayor Robert Brooks welcomed several members of the Murrysville Area Radio Control Society, who each introduced himself and spoke about his plane. There were several planes in the room for everyone to view. Pete Sipe gave a history of the organization: it was incorporated 32 years ago as a non-profit corporation; they have about 45 members who fly in a field near Saltsburg; the group is a member of the Academy of Model Aeronautics and meets once a month at the Senior Center in Murrysville. Mayor Brooks presented the group with a certificate of appreciation, thanking the members for offering recreational opportunities for Murrysville residents and providing demonstrations to various groups in the area. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None. Mr. Kepler moved to approve the agenda as presented. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: None. COMMUNITY INPUT: Sarah Hough, 6718 Fieldcrest Drive, explained why her family chose to move to Murrysville and voiced her concerns about the proposed ordinance regulating oil & gas drilling in the Municipality. She noted that one- third of the community would be open to industrial activity and there would be an increase in pollution and traffic congestion, as well as a decrease in property values. She spoke about the environmental and health impacts and said that the fracking industry is one which is not compatible with residential communities. Joe Evans, 4068 Hills Church Road, came before Council to praise the work of the Public Works department when he had a blocked culvert which was overflowing into his neighbor’s basement. He said Bob Bell arrived and began clearing the culvert until a crew arrived to finish; Mr. Bell also calmed the neighbor. Mr. Evans commended Council for their astute hiring of Mr. Bell and complimented the crew on the good job they did. car 7/23/15 Regular Voting Meeting – Wednesday, July 1, 2015 WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 10A. DISCUSSION OF SP-4-15, THE BEAUTY LOUNGE, 4051 OLD WILLIAM PENN HIGHWAY, B ZONING. Bud McCutcheon with KE Resources explained that the proposed plan is the conversion of a former residential structure by Monica Boehm, who operates the Beauty Lounge next door to the subject property. The plan is to turn the lawn area into parking and to upgrade the building to make it handicap accessible, while adding the appropriate sinks and chairs to operate a beauty salon. Municipal Planner Allen Cohen said all review issues have been addressed by engineering and planning; the Planning Commission recommended approval with the only condition being the HOP. Ingress will be on Old William Penn with egress onto Route 22. There were no questions; this item will be placed on the voting agenda for the next meeting. 10B. DISCUSSION OF RESOLUTION NO. 648-15, SEWAGE FACILITIES PLANNING MODULE FOR SPEEDWAY, LLC SEWAGE TAPS. Municipal Planner Allen Cohen explained that the planning module is a requirement of D.E.P. The sewage will be going to the Plum Sewage Authority and there are no available taps from FTMSA, so Murrysville must adopt a resolution amending the Municipality’s 537 Plan. There were no questions from Council; this item is on the agenda for voting at tonight’s meeting. ADMINISTRATION: 12A. DISCUSSION ON PROPOSED ORDINANCE NO. 926-15, AN ORDINANCE REVISING THE MUNICIPALITY’S HEIGHT REGULATIONS PERTAINING TO GRASS AND WEEDS. This item was tabled at the last meeting. Mr. Lorenz moved to take it from the table; Mr. Perry seconded. All present voted aye. Mr. Morrison said staff considered Council’s comments from the last meeting and changed the height to 10” for residential areas. He said the Solicitor has added additional language to distinguish between a penal action and a civil action. Mr. Perry said Council has made it clear that they intend to go after repeat offenders that let their lawn get out of control. He asked if Council has a capricious, arbitrary, indiscriminate enforcement claim against someone that receives a citation and says his neighbor’s grass is higher and wants to know why that person didn’t receive something. Solicitor Kotjarapoglus asked if Mr. Perry was talking about selective prosecution. Mr. Perry said yes. The Solicitor said he is concerned with civil actions. Most of his comments could not be heard because he was not near to the microphone, but he did say that the resident must prove a case of selective prosecution and that car 7/23/15 Regular Voting Meeting – Wednesday, July 1, 2015 he/she was treated differently. He then spoke about habitual offenders and referenced either an individual having more than one notice in a year, or someone having notices in consecutive years. Mayor Brooks said the Municipality doesn’t have staff that goes around checking on grass height, but if they see something egregious, or if they receive phone calls about a property, someone will go out and talk to the offender. Mr. Lorenz agreed and said that receiving calls and/or complaints about a property is one issue, and there is no affirmative duty to go out and be on the “grass patrol” to make sure everyone is cited. Mr. Kepler said that he noted 24 properties in his neighborhood with grass over 10”, as well as several others while driving to the meeting. He said that if it’s important to have equitable enforcement and if a level that is so common is picked, there is no guarantee that staff is not being selective. Mr. Morrison said typically staff is more in a “response” mode when high grass complaints are received. The issue has been that the staff can’t help the complainant because of the process currently in place: when grass reaches 16”, the notification process is begun and then there is a 30-day waiting period. He said he doesn’t really care what the height of the grass is that triggers the action; it’s more the enforcement and the ability to follow through with the action that’s important from staff’s perspective. Mr. Kepler said he is agreeable with the 10-day period; his issue is the height, because 10” is very common. If the current height is not changed, he will support the ordinance. Mrs. Kearns said she believes many of the properties are those that are on the market and the owner has moved out, the realtor is not making sure the property is maintained, or the property has been abandoned. She also said, on larger properties, requiring that grass be cut back 100 feet is a little excessive and would reduce that to 50 feet. She said that 10” is a reasonable height. Mr. Vance said ten days is fine and leave the height as is. Mr. Lorenz said the ten-day period is the more important issue, but also felt that 16” was a bit high and suggested 14”. Mr. Perry agreed with 10 days and said he was acceptable to either 12” or 14”. Mr. Synan said the ten-day issue is most important and he can live with 12”. Mr. Kase said he believes everyone is in agreement with the ten-day period and can accept the 12” height. He also asked about the threshold of development in plans. Mrs. Kearns summarized that it appears that all members are in agreement with the 12” height in residential areas, 10-day period, threshold of development and 10” height for the business/mixed use district. After further discussion, Mr. Perry moved to advertise the grass cutting ordinance, with the changes being that business and mixed use districts would be at a 10” maximum grass height, residential areas a maximum of 12”, developments would be exempt until they reach 80% build-out consistent with the Municipality’s road overlay ordinance, and for properties that are two acres or greater, the setback be reduced from 100’ to 50’ from the house. Mr. Synan seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes. Motion approved. car 7/23/15 Regular Voting Meeting – Wednesday, July 1, 2015 COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF ORDINANCE NO., 927-15, REVISED FEES ORDINANCE TO PERMIT ALCOHOL AT SARDIS PARK. Mr. Kase moved to approve the revised fees ordinance, as well as revised Policy No. 28-08. Mr. Perry seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Synan – no, Mr. Perry – yes. Motion approved. 13B. CONSIDER APPROVAL FOR THE MURRYSVILLE POLICE DEPARTMENT TO ENTER INTO A WRITTEN AGREEMENT WITH THE OFFICE OF ATTORNEY GENERAL (OAG), BUREAU OF NARCOTICS INVESTIGATION AND DRUG CONTROL (BNIDC), AUTHORIZING THE TWO AGENCIES TO WORK IN PARTNERSHIP TO CONDUCT DRUG INVESTIGATIONS. Chief Tom Seefeld explained to Council that entering into an agreement with the OAG and BNIDC would help expand the resources and capabilities on drug investigations and drug work. He said for the past several years Murrysville’s police department has partnered with the Allegheny County District Attorney’s office for drug enforcement and work because a lot of drugs coming into Murrysville and drug activity occurring in Murrysville was on the west end, coming down Route 22 into Murrysville’s jurisdiction. He said Murrysville is the only department in Westmoreland County working with the Allegheny County Narcotics Enforcement Team. He also noted that the Murrysville Police Department is the only department not currently a member of the Attorney General’s Drug Task Force. The department reassessed the situation because of the drug activity being seen throughout the county. At a recent meeting of the Westmoreland County Chiefs of Police Association, the county coroner described the drug use as “epidemic.” Chief Seefeld said Murrysville is a safe community and doesn’t have a substantial problem at this point, and he refuses to let it to get to that point. The proposed agreement will give the department the ability to deal with, combat, and launch investigations, as well as to have as much manpower as needed from the Attorney General’s office. Chief Seefeld spoke about the department’s involvement in the Reality Tour hosted by Murrysville Alliance Church and the efforts put forth to teach children and their parents about the use, abuse and consequences of drug and alcohol use. The School Resource Office has been active with presenting information in the schools about the use and abuse of drugs and alcohol. The coroner advised that a lot of the drug overdoses are a result of prescription medications; a prescription medicine drop-off box has been placed in the lobby of the police station, with loads of medications being dropped in the box. Through a donation from the Lions Club, the department supplies drug testing kits to parents. Route 22 is a main travel route from Pittsburgh to Johnstown for drug suppliers. The department will be working with the Attorney General’s office in North Huntingdon, and the manpower and funding are limitless. He explained that most of the drugs confiscated occur during routine traffic stops on Rt. 22. With the help of car 7/23/15 Regular Voting Meeting – Wednesday, July 1, 2015 the OAG, he believes the department will be able to have the ability to be more pro-active – not reactive – in its efforts to combat this problem. There were no questions or comments from Council. Mr. Synan moved to approve entering into the agreement as presented; Mr. Kase seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes. Motion approved. 13C. CONSIDER APPROVAL OF A CONTRACT WITH KELLNER’S FIREWORKS, INC. TO PURCHASE AND EXHIBIT FIREWORKS FOR THE 2015 MURRYSVILLE COMMUNITY DAY IN THE AMOUNT OF $7,153.58. UPON APPROVAL, 50% OF THE TOTAL CONTRACT WILL BE DUE WITH THE REMAINING BALANCE DUE ONCE THE EXHIBIT IS COMPLETED. Mr. Kepler moved to approve the contract. Mr. Synan seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes. Motion approved. 13D. CONSIDER APPROVAL OF RESOLUTION NO. 649-15, A RESOLUTION FOR THE GRANT APPLICATION SUBMISSION FOR THE PURCHASE OF PLAYGROUND EQUIPMENT TO BE LOCATED AT THE MIRACLE LEAGUE FIELD AT THE MURRYSVILLE COMMUNITY PARK. Mr. Kase moved to approve the Resolution, directing staff to submit a grant application to the PA Department of Economic and Community Development in the amount of $127,100 for the construction of a playground at the Rotary Miracle Field. Mr. Kepler seconded. Mr. Morrison explained that this is a re-approval of a previous resolution, with the former request being in the amount of $112,600 and conditioned upon the ability of the Miracle League to raise its matching share in the amount of $50,000. The Miracle League raised $40,000. Since the grant match amount is only required to be 15%, the State permitted staff to re-submit the application for the State funds, decreasing the amount by $14,500. There were no questions from Council. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER REQUEST FOR RE-APPROVAL OF CU-1-06, BURTON MAJOR EXCAVATION, ORIGINALLY APPROVED MARCH 15, 2006, AND NOT COMMENCED WITHIN THE ONE (1) YEAR TIME FRAME. Mr. Synan moved to re-approve CU-1-06, Burton Major Excavation Conditional Use, State Route 286, Tax parcels 49-03-06-0-006, 49-03-06-0-007, 20,000 CY of fill, with conditions as noted in the agenda briefing. Mr. Kase seconded. car 7/23/15 Regular Voting Meeting – Wednesday, July 1, 2015 Robert Burton, 135 Barrington Ridge, said the project is a work in progress and he has hired Morris Knowles for the engineering work. He believes that the project will be completed this time. There were no questions from Council on this item. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes. Motion approved. 14B. CONSIDER APPROVAL OF RESOLUTION NO. 648-15, SEWAGE FACILITIES PLANNING MODULE FOR SPEEDWAY, LLC SEWAGE TAPS. Mr. Synan moved to approve Resolution No. 648-15, a Resolution for the Act 537 plan revision for the Speedway gasoline station and convenience store. Mr. Kase seconded. There were no questions from Council. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes. Motion approved. OLD BUSINESS: Mr. Kepler asked for an update on the Rt. 22 lights. Mr. Morrison said the project is moving quickly – they were working at School Road today and have 3 more intersections to go. However, the work is causing quite a mess with traffic on Rt. 22. NEW BUSINESS: None. EXECUTIVE SESSION: None. ACTION ITEMS: None. ADJOURNMENT: Mr. Kase moved to adjourn. Mr. Kepler seconded. All present voted aye. The Council Meeting concluded at 8:20 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 7/23/15