Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, August 5, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, August 5, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Jeffrey Kepler, Joan Kearns, Josh Lorenz, William Vance, and David Perry. Councilmen Regis Synan and Loren Kase were not in attendance. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, and Municipal Planner Allen Cohen. MAYOR BROOKS WELCOMES MURRYSVILLE EAGLE SCOUTS AND THE MURRYSVILLE RECREATION DEPARTMENT Mayor Robert Brooks welcomed several Scouts that have earned the rank of Eagle Scout within the past year. Each boy introduced himself and explained the project he completed. Mayor Brooks then invited members of Venturing Crew 220 to introduce themselves and talk about the activities in which they are involved. The adult leaders were also introduced and spoke about their involvement with the Crew and noted that the Crew is youth-driven but, more importantly, youth-run. Members of the crew plan all events and make the necessary arrangements for each activity. Mayor Brooks thanked all of the young people for their involvement and community service. Mayor Brooks then invited Recreation Director Carly Greene and Special Events Coordinator Amy Wengrzyn to speak about the upcoming Community Day. Carly spoke about the acts that will be performing on the main stage and Amy spoke about the vendors and activities to be held throughout the day. Carly thanked the Scouts for their help throughout the week-end: they camp out from Friday to Sunday, help with parking, and assist the staff in many ways. She also thanked all of the sponsors, Municipal staff, public works department and members of the community who have helped or will be helping the day of the event. Mayor Brooks introduced Dick Byers, who spoke about Duff Park, which was recently designated as an Old Growth Forest. He noted that the park has already been designated as a wild plant sanctuary by the DCNR. Mr. Byers gave a short history of the Old Growth Forest Network, which was organized with the object of protecting all of the old growth forests in the United States. Mr. Byers nominated Duff Park and subsequently hosted Dr. Joan Maloof during a tour of the park. Dr. Maloof was very impressed with the park and contacted Mr. Morrison to advise him that she would like to include the park in the Old Growth Forest Network. Mr. Byers then presented a plaque to Council, which indicated that the park is a dedicated old growth forest. The plaque will be placed at the park for all residents to see. Mr. Morrison recognized Pia van de Venne and her crew of volunteers that work tirelessly to keep the park in such good shape and their commitment to the park as a wild plant sanctuary. 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. car 8/27/15 Regular Voting Meeting – Wednesday, August 5, 2015 CONSENT CALENDAR ITEMS: A. JUNE 17, 2015 MEETING MINUTES TO BE APPROVED B. JULY 1, 2015 MEETING MINUTES TO BE APPROVED Mr. Kepler moved to approve the Consent Calendar items; Mr. Vance seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Michele McFall of 4396 Twin Oaks Drive, attended the meeting merely to learn what had been happening in terms of fracking in Murrysville, but was inspired by Mr. Byers’ presentation regarding Duff Park. She found his presentation striking in that Duff Park is protected from logging, is a wild plant sanctuary and is now part of the Old Growth Forest Network. She compared Duff Park with Murrysville Community Park, which is not protected in terms of fracking as it sits within the overlay district. She asked Council, as they are in the process of rewriting the ordinance, to ensure that whatever is enacted can be “undone” at a later time. Mrs. Kearns explained that Murrysville Community Park is owned – above ground and below ground – by the Municipality and there has never been any discussion on having surface or sub-surface activity in the park. Mr. Morrison said that any drilling in that area would require two actions: (1) confirmation of the ordinance as it now exists identifying the overlay, and (2) an action of Council to lease the rights or authorize the use of the surface rights for drilling. Mrs. Kearns said neither of the actions has ever been on the table for discussion. Mr. Morrison confirmed that the park is in the overlay district and has the potential to be drilled, but it would require Council action for that to occur. WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 10A. DISCUSSION ON S-4-13, DINZEO SUBDIVISION, TWIN OAKS DRIVE, R-R ZONING DISTRICT, 2 LOTS. Sandy Dinzeo of 4440 Twin Oaks Drive explained that the last time she came before Council regarding the subdivision, she was advised by the Solicitor that, because the park was purchased with county funds, Council was not able to grant a right-of-way on the park road to access the back of the property. She, therefore, revised the plan to create a flag lot. She has had meetings with Joe Dietrick and Allen Cohen and also met with the EAC and Parks & Recreation Commission. She has had a slope stability analysis, a soils analysis and perk test done. She is before Council to request approval of the subdivision. Municipal Planner Allen Cohen mentioned that there is a note on the plan that indicates requirements for DEP permits to be obtained to utilize the access to the rear lot. The question to be resolved is whether the plan can be approved subject to that notation which would allow, in essence, the recording of the plan before the permits are received. The provision in the notation is that no construction can begin until the permit is received. However, the Municipality might be taking a risk in approving a lot that may or may not receive permits. Mr. car 8/27/15 Regular Voting Meeting – Wednesday, August 5, 2015 Cohen suggested that issue be resolved before the subdivision request is on the agenda for approval. Solicitor Kotjarapoglus asked how long it would take to get the permit and what is the life of the permit. Ms. Dinzeo said that it would take approximately 2-3 months to get a GP-7 permit, which is a permanent crossing for a road over a stream. She said that because there is already a crossing there, DEP has indicated there will be no problem in getting the permit and the permit is good for 5 years. The Solicitor asked if Ms. Dinzeo was planning on selling the property in the next 5 years. She said she would not be the one getting the permit; whoever buys the property would decide how they wanted to cross the stream (culvert, bridge, etc.). Mr. Morrison said the real question is whether Council can approve an undevelopable lot. The Solicitor said that is not typically done and Mr. Morrison confirmed that the ordinance states that can’t be done. Mr. Perry asked if a condition can be put in the deed that no building can be done until the permit is received. Mr. Cohen said if Council approves the plan with a condition contingent upon receipt of the permit, that is recorded and it’s a lot. He added that it’s a question of timing and determining when and who is going to be responsible for the permit. Everything else meets the zoning requirements for the flag lot and the Recreation Board will re-enforce the agreement on the land dedication as opposed to the fee-in-lieu for the park. This will all be reviewed and possibly placed on the agenda for the Aug. 19 meeting. 10B. DISCUSSION ON RESOLUTION NO. 651-15, A MINOR ACT 537 UPDATE REVISION, NORTHERN MURRYSVILLE LATERAL CONNECTION TO CONNECT 37 HOMES TO THE PUCKETA CREEK SEWER LINE. Mr. Morrison explained that this issue has been ongoing for six years when residents in the Pucketa Creek area inquired as to how they could connect into the Washington Township sanitary sewer system. It took official action and a day in court to start moving things along. Once the other participating municipalities and agencies go through the same process that Council is going through (enacting a Resolution committing to the update of the 537 Plan), a service agreement will be entered into with multiple parties (Washington Twp., Allegheny Twp., and Kiski) in which Washington Twp. will permit approximately 37 Murrysville residents to tie in to the system. He said this is the first step and the whole process should be accomplished within the next several months. Mr. Kepler clarified that the version of the 537 Plan presented to Council is a draft in order to get a general agreement in principal with all parties. FTMSA will then get the agreement back with feedback from all parties, create a final version, and then get approval of the agreement. Mr. Cohen said that Planning Commission, as the official planning agency of the Municipality, reviewed the draft Plan at its meeting and recommended approval. car 8/27/15 Regular Voting Meeting – Wednesday, August 5, 2015 COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL FOR AUTHORIZATION TO ADVERTISE A PUBLIC HEARING ON THE PROPOSED CAPITAL IMPROVEMENTS PROGRAM FOR FY 2016-2020. Mr. Kepler moved to approve advertisement for the Public Hearing on August 19, 2015 at 7:00 p.m. Mr. Lorenz seconded. Upon a roll call vote: Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Vance – yes, Mr. Perry – yes. Motion approved. 13B. CONSIDER APPROVAL OF RESOLUTION NO. 650-15, ADOPTING THE MURRYSVILLE-EXPORT EMERGENCY OPERATIONS PLAN. Mr. Lorenz moved to approve Resolution No. 650-15. Mr. Perry seconded. Executive Assistant Cherie Weber explained that Murrysville merged with Export in 2013 to form a joint EMA and, under Pennsylvania regulations, Council must re-adopt the EOP every two years. She presented the plan to Export Council and they have adopted it and she is now before Council to seek Murrysville’s approval. She noted that Council received a copy of the public plan, but the resource manual and the functional checklist are protected under the Right to Know Law and not public information. Once adopted, the public plan will be submitted to the Westmoreland County Department of Public Safety and PEMA. There were no questions for Council. Upon a roll call vote: Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Vance – yes, Mr. Perry – yes. Motion approved. 13C. CONSIDER APPROVAL OF ORDINANCE NO. 926-15, AN ORDINANCE REVISING THE MUNICIPALITY’S HEIGHT REGULATIONS PERTAINING TO GRASS AND WEEDS. Mr. Perry moved to approve Ordinance No. 926-15. Mr. Lorenz seconded. Mr. Kepler asked for clarification of the 50’ requirement on lots of 2 acres of more as to whether it was 50’ from the nearest neighboring structure. Mr. Morrison said it is 50’ from the property line. Mr. Kepler said he thinks the time for enforcement is a very positive move and he fully supports it. However, due to the frequency of occurrence, he believes it isn’t possible to have equitable enforcement of the ordinance except when someone makes a complaint. He is still opposed to the reduction in the height but, in his opinion, the benefits of the enforcement side of the ordinance outweigh the headache that he thinks could be caused by the height. Mrs. Kearns again stated that her biggest concern is the 10” height for the business and mixed use districts. She cited several properties along Old William Penn Highway that are shabby and, although they might be cut near the structure, they not cut along the roadway; this does not speak well for what the residents want in this car 8/27/15 Regular Voting Meeting – Wednesday, August 5, 2015 community. She is concerned that the 10” height in those districts might be further abused and would rather see the height reduced to 8”. Mr. Kepler said the issue is not the height, but enforcement for those properties above the height. Mr. Perry said the timing is important because the current process doesn’t work. Mrs. Kearns again said that she thinks the prime business areas need to have tighter governance than is currently proposed in the ordinance. Mr. Kepler asked if staff is going to equally enforce the 10” requirement along the main corridor or will they respond to complaints only. Mr. Morrison said it is a reactive enforcement opportunity and anyone can complain. There was no further discussion. Upon a roll call vote: Mr. Kepler – yes, Mrs. Kearns – no, Mr. Lorenz – yes, Mr. Vance – yes, Mr. Perry – yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL OF RESOLUTION NO. 651-15, A MINOR ACT 537 UPDATE REVISION, NORTHERN MURRYSVILLE LATERAL CONNECTION TO CONNECT 37 HOMES TO THE PUCKETA CREEK SEWER LINE. Mr. Kepler moved to approve Resolution No. 651-15. Mr. Perry seconded. There was no further discussion or questions on this issue. Mr. Kepler commented that if FTMSA does get feedback from the other communities, this may come back before Council in the future Upon a roll call vote: Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Vance – yes, Mr. Perry – yes. Motion approved. ENGINEERING: 15A. CONSIDER APPROVAL OF ORDINANCE NO. 928-15, HICKORY HILL ROAD AND GRANDEVUE COURT STOP SIGNS. Mr. Vance moved to approve Ordinance No. 928-15, amending the Murrysville Code to create a stop sign at Hickory Hill and Grandevue Court. Mr. Kepler seconded. Mr. Morrison explained that this was a condition of the subdivision approval. Upon a roll call vote: Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Vance – yes, Mr. Perry – yes. Motion approved. 15B. CONSIDER AUTHORIZATION TO ADVERTISE DPW-3-15, 2015 CRACK SEALING PROJECT. Mr. Lorenz moved to approve advertisement. Mr. Kepler seconded. Mr. Morrison explained that staff will try to get as much done with the money available for crack sealing on North Hills, School and Meadowbrook Roads. He noted that School and Meadowbrook Roads are only two years old and cracking. Mr. Kepler asked if this was typical wear with Superpave or if there was some other issue. Mr. Morrison said that, for some reason, there were more problems that particular year, possibly as a result of the mix rather than application. He said they car 8/27/15 Regular Voting Meeting – Wednesday, August 5, 2015 are not experiencing any problems with the year-old roads and they are seeing a better product this year. Mrs. Kearns asked if the Municipality had any recourse; Mr. Morrison said the mix is inspected by PennDOT to meet the 408 specs and none of the material was rejected. There was continued discussion on the material used, the application process and problems encountered over the past few years. Upon a roll call vote: Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Vance – yes, Mr. Perry – yes. Motion approved. 15C. CONSIDER AUTHORIZATION TO ADVERTISE DPW-5-15, GUIDE RAIL PROJECT. Mr. Perry moved to approve advertisement. Mr. Kepler seconded. Mr. Morrison explained that this item is budgeted every year in the Capital Improvements Program and Pleasant Valley Road will be done this year. There were no questions from Council. Upon a roll call vote: Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Vance – yes, Mr. Perry – yes. Motion approved. OLD BUSINESS: Oil and Gas Ordinance update. Mr. Morrison explained that staff has been working with updating the Oil and Gas Ordinance and are now prepared to bring forth recommendations to Council. He believes it is appropriate for Council to consider reconvening the Task Force to review the staff findings and ultimately present it to the Planning Commission. If Council is agreeable, Mr. Morrison would like to schedule a Task Force meeting on August 13, followed by a presentation to the Planning Commission. Council had no objections to reconvening the Task Force. NEW BUSINESS: None. EXECUTIVE SESSION: None. ACTION ITEMS: None. ADJOURNMENT: Mr. Kepler moved to adjourn. Mr. Vance seconded. All present voted aye. The Council Meeting concluded at 8:17 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 8/27/15