Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, July 15, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, July 15, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members William Vance, David Perry, Regis Synan, Loren Kase, Joan Kearns, and Jeffrey Kepler. Councilman Josh Lorenz was not in attendance. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, and Municipal Engineer Joe Dietrick. MAYOR BROOKS WELCOMES MURRYSVILLE HISTORICAL SOCIETY Mayor Robert Brooks welcomed several members of the Murrysville Historical Society who appeared in 18th Century period dress and spoke about the history of the group. The first project of the group was to save the Staymates Barn, with other projects then being adopted. The group sponsors a Heritage Festival every year at the Sampson/Clark Toll House. Carl Patty, President of the Society, indicated that the Staymates house and barn might again be open for groups as it was several years ago. Jackie Stempfer gave information on the group’s meetings and invited any interested residents to attend and learn more. Mr. Patty said the group’s name is the Murrysville Historical Preservation Society and the purpose is to try to save all documents, photographs, and historic sites as possible. Mayor Brooks thanked the group for all they are doing for Murrysville. 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: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS C. JUNE 3, 2015 MEETING MINUTES TO BE APPROVED COMMUNITY INPUT: Bill Ott of 127 Pheasant Run Dr., addressed Council regarding an ongoing problem with sewage and flooding that he and his family have experienced at their homes on Old William Penn Highway. Mr. Ott had a power point presentation showing the check valve installed in the line, and explained that the Sewage Authority manager overrode the protection in the valve by putting a bolt through it. He further explained the problems he had with the Authority’s insurance company, which denied his claims, asserting the Authority had no prior notice of the problem. Mr. Ott said there are approximately 30-40 check valves in the system; the only reason check valves are used is because there is a problem. He cited a report from the Authority’s engineer, written in 2013, which indicated that the system is aging and needs to be inspected. Mr. Ott said he understands that Council can’t do anything about the Authority, but would like to see Council get more involved in helping the community. Tom car 8/10/15 Regular Voting Meeting – Wednesday, July 15, 2015 Moser, 4301 Bulltown Road, who has been working with Mr. Ott on these issues, made some recommendations on working with the FTMSA Board for Council’s consideration. Mayor Brooks said he encouraged Mr. Ott to make his presentation to Council because he believed it was important for Council to know what has been happening, and since a new regime is taking over FTMSA, he felt this would be an appropriate time to do so. Mayor Brooks thanked Mr. Ott for attending. Mr. Perry said that the Municipality has positions open on the FTMSA board every year and suggested that Mr. Ott or Mr. Moser consider that position. Mrs. Kearns said appointing members to the Board is the only control the Municipality has because FTMSA is a state authorized Authority. Joe Klein of 5312 Margaretta Ct. spoke to Council on behalf of his family, as well as his sister-in-law’s family (Marcey Rodgers of 4021 Calla Ct.) to voice his opinion on the rezoning as it relates to fracking in Murrysville. Mr. Klein read a letter from his sister-in-law expressing her concerns over the potential contamination of the water, air and environment and doesn’t want to expose her children to additional environmental toxins and pollutions. The proposed well pad is less than ½ mile from Ms. Rodgers’ and Mr. Klein’s homes. Mayor Brooks said that the well site Mr. Klein mentioned is not located in Murrysville. Mr. Perry said the most the Municipality can do is review the application and make comments to Plum. Mr. Perry further explained that there are two proposed pads: one was permitted a few years ago on Hankey Church Road, and another proposed on the west side of Rt. 286, which is in Plum. If a pad goes in at the Hankey Church site, Murrysville can control that; however, it doesn’t appear that an application will be submitted at any time in the near future. Mr. Klein asked if he would be permitted to read his letter to Council, which also addressed concerns about health issues, air and water pollution, increased truck traffic, and potential accidents. Both his letter and Mrs. Rodgers’ letter are on file at the Municipal office in the minute book. Gretchen Swecker of 2003 Penns Ct. asked Council to take some specific actions regarding Marcellus Shale fracking. She would like Council to enact strict regulations and zoning restrictions of this industrial activity, limiting all fracking activities to industrial zones, prohibiting fracking throughout all of Murrysville’s rural residential zones and specifying the maximum possible setback for any well pads based on the latest scientific health and safety data. A copy of Mrs. Swecker’s comments is on file at the Municipal office in the minute book. Michelle McFall of 4396 Twin Oaks Dr. also expressed her views on the Oil & Gas Ordinance as it relates to fracking in Murrysville. She is very interested in preserving the homes, parks, schools and all things residential in the community that make Murrysville a great place to live. She asked Council to hastily revise the 2011 ordinance which allows well pads and fracking to occur as near as 600 feet to all of those things mentioned by the residents who spoke earlier in the meeting (homes, parks schools & rural areas) and limit fracking to industrial use zoned areas. Linda Marts of 3210 Brison Ct. had concerns about the habitual speeders and her inability to get onto Sardis Road from her street. She asked for a mirror to be placed to be able to see traffic coming around the bend, or something to slow down traffic. She mentioned that, like Mr. Ott who spoke earlier, she and her neighbor also car 8/10/15 Regular Voting Meeting – Wednesday, July 15, 2015 had a flooding problem on July 4. She noted that there is drilling going on at Hankey Church Road. Mr. Morrison will look into that. WORKSHOP ITEMS ADMINISTRATION: 12A. DISCUSSION ON PROPOSED ORDINANCE NO. 926-15, AN ORDINANCE REVISING THE MUNICIPALITY’S HEIGHT REGULATIONS PERTAINING TO GRASS AND WEEDS. Mr. Morrison said staff made the modifications to the Ordinance recommended by Council at the last meeting: a section was added to exempt lots in approved subdivisions or phases of approved subdivisions in which 75% of the lots do not have a dwelling on them; heights were changed to 12” for the residential district and 10” in the business district; the buffer was reduced to 50’ on parcels of 2 acres or more. Mrs. Kearns reiterated her opinion that the height in the business district should be 8” and 10” in the residential areas. She said she believes that, during a normal summer (not like this one which has been extremely wet), residents should have no problem keeping their grass at 10”. She noted that the Municipality recently had to pay $1,680 to cut the grass of residents and then the properties have to be liened to recover that money. Mr. Synan said he traveled the streets in Manordale Farms and there wasn’t a house with grass over 6” and even vacant houses had recently been mowed. He said he is not in opposition to staff’s proposal as presented. Mr. Kase is also agreeable with staff’s recommendation. There was no further discussion and this item will be placed on the August agenda. COUNCIL - ACTION ITEMS COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL OF SP-4-15, THE BEAUTY LOUNGE, 4051 OLD WILLIAM PENN HIGHWAY, B ZONING. Mr. Synan moved to approve. Mr. Perry seconded. When asked if the highway occupancy permit has been issued, Harold “Bud” McCutcheon from K.U. Resources, the engineer on the project, said they are finalizing that, along with resolving a question about The Beauty Lounge as opposed to Mrs. Boehm’s position as sole proprietor. That issue is being addressed with Mrs. Boehm’s signature on certain documents. Mr. Synan revised his motion to approve pending the receipt of the highway occupancy permit. Mr. Perry seconded. Mr. Morrison asked Mr. McCutcheon if he accepted that condition and he responded in the affirmative. There were no questions from Council, nor comments from staff. car 8/10/15 Regular Voting Meeting – Wednesday, July 15, 2015 Upon a roll call vote: Mr. Vance – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Kepler – yes. Motion approved. ENGINEERING: 15A. CONSIDER AWARD OF A CONTRACT FOR DPW-2-15, LOGAN FERRY ROAD OVERLAY PROJECT. Mr. Kase moved to award the contract to Tresco Paving in the amount of $242,625. Mr. Kepler seconded. Municipal Engineer Joe Dietrick explained that this is the last section of road that must be completed in order to meet the requirements of the turn back agreement with PennDOT. Staff decided to wait until MAWC had finished the waterline project, which has been completed and the road restored. The road is now ready to be overlaid. Mr. Dietrick said once his report is completed and PennDOT forwards it to Harrisburg, any excess funds will be rolled into the liquid fuels account. There were no questions from Council. Upon a roll call vote: Mr. Vance – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Kepler – yes. Motion approved. 15B. CONSIDER AWARD OF A CONTRACT FOR DPW-4-15, MUNICIPAL BUILDING ROOF COATING PROJECT. Mr. Perry moved to award the contract to G&W Roofing & Construction, Inc. in the amount of $50,500. Mr. Kase seconded. Mr. Dietrick explained the process, selection of product & color, and how the paint will be applied and said the project will have a 15 year warranty. He said the roof is in fairly good shape for being 20 years old and that there are no structural problems. Mr. Perry asked if a performance bond will be issued. Mr. Dietrick said all projects require a performance bond, labor & material, workers’ compensation and liability insurance. Mrs. Kearns asked to make sure the company supplied references since she was not familiar with it. There were no further questions. Upon a roll call vote: Mr. Vance – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Kepler – yes. Motion approved. 15C. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 928-15, A TRAFFIC CONTROL ORDINANCE FOR HICKORY HILL ROAD AND GRANDEVUE COURT. Mr. Kepler moved to advertise Ordinance No. 928-15, amending Murrysville Code Chapter 210-35, Schedule X: Stop Intersections for a stop sign on Hickory Hill Road and Grandevue Court. Mr. Kase seconded. Mr. Dietrick explained that there is now an occupied home on Grandevue Court and all criteria are met for a four-way intersection with Dundee and two stop signs will be placed on Grandevue and Hickory Hill. There were no questions from Council. Upon a roll call vote: Mr. Vance – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Kepler – yes. Motion approved. car 8/10/15 Regular Voting Meeting – Wednesday, July 15, 2015 15D. CONSIDER RELEASE OF THE BOND BEING HELD TO INSURE COMPLETION OF THE REQUIRED IMPROVEMENTS AT THE LIVENGOOD CPA OFFICE PROJECT. Mr. Synan moved to release the bond being held in the amount of $71,410.35. Mr. Perry seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Kepler – yes. Motion approved. OLD BUSINESS: None. NEW BUSINESS: 18A. CONSIDER HOSTING AN APPRECIATION PICNIC FOR THE MUNICIPALITY’S VOLUNTEERS, BOARDS, COMMISSIONS AND COMMITTEES IN SEPTEMBER 2015. Mr. Perry moved to go into Committee of the Whole to discuss the appreciation picnic. Mr. Kase seconded. All present voted aye. Mr. Morrison explained that dinners are held for the Boards and Commissions members one year and the Volunteers the next year, usually in November or December. Staff suggested having a picnic at Sardis Park for all volunteers and board, commission and committee members. The volunteers generally refer to the emergency services personnel. After discussion on the date and time, Mr. Synan moved to come out of Committee of the Whole; Mr. Perry seconded. All present voted aye. Mr. Synan then moved to hold the event on September 23, 2015 from 4:00-7:30, with picnic-type food being catered. Mr. Perry seconded. All present voted aye. EXECUTIVE SESSION: None. ACTION ITEMS: None. ADJOURNMENT: Mr. Vance moved to adjourn. Mr. Kase seconded. All present voted aye. The Council Meeting concluded at 8:35 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 8/10/15