Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, September 16, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, September 16, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members William Vance, Joan Kearns, Regis Synan, Loren Kase, Dave Perry, and Josh Lorenz. Councilman Jeffery Kepler was not in attendance. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison and Municipal Engineer Joe Dietrick. The meeting began with the Presentation of the Colors by Boy Scout Troops 205, 213, 230, 239 and Crew 220. MAYOR BROOKS WELCOMES THE FRANKLIN REGIONAL HIGH SCHOOL STEM TEAM Mayor Brooks introduced the members of the F-R Stem Team: Matt Bratton, Ian Hatfield, Laura Kerschner, Riley Rizzer, and their advisor, Amy Smith. The members introduced themselves and explained what interested them most about being on the STEM team. Hannah Scholze, another member of the team, was unable to attend because of a soccer game. Amy Smith, Franklin Regional teacher and group advisor, explained that the five team members are part of one STEM in initiative, while there are others who are starting to experience this type of program and education and working on other projects. She commented on the response she got from parents when she asked for people who might be interested in assisting with the project. The students then made a presentation on their project involving the stink bug problem: how they chose the project, the experimentation process, the results of the experiment, changes made after the regional competition, communications with the U.S.D.A. in obtaining pheromones, and results from the state competition. The students said the group was fortunate to have Respironics partner with them on this project in helping to identify a problem in the community and assisting with the design of the trap. Mayor Brooks presented Mrs. Smith and the members of the team with a recognition certificate commending each for the work done on this project. Mayor Brooks then introduced Ron Suvak, principal of Franklin Regional High School, who thanked members of the community for all the help and support they give to help make these types of opportunities possible for the children. 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. AUGUST 19, 2015 MEETING MINUTES TO BE APPROVED car 9/29/15 Regular Voting Meeting – Wednesday, September 16, 2015 Mr. Lorenz moved to approve the Consent Calendar items. Mr. Synan seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Prior to input from community members, Council President Joan Kearns explained that when Council approved the Resolution on September 2, it was with instructions to direct the staff to schedule a public hearing on proposed Ordinance 930-15 at such time as scheduled by Council after the statutory 45-day county planning comment period. That comment period will not begin until next Thursday or Friday [Sept. 24 or Sept. 25] when the document is mailed to Greensburg and given to Murrysville’s Planning Commission. At this point, there is no Ordinance; there is a document that is still a working draft; it has not been made public; it will become a public document late Monday afternoon, at which time it will be downloaded onto the Municipal web page. She said the document is 30 pages long and can be printed or residents can complete a Freedom of Information request and pay for the cost of duplication. She continued by stating that Council doesn’t have anything to discuss because they can’t talk about something they do not have. Residents are getting a lot of misinformation on the Marcellus web page and also from the leaseholder because neither of them has the document. She invited residents to speak at this meeting and encouraged them to attend the special meeting to be held on September 24 or watch on Channel 19, at which time everything will be explained and discussed. She said there will be no vote on a final document until December or January. Kathleen Borres of 6371 Kemerer Hollow Rd. commented on a letter recently sent by Huntley & Huntley to leaseholders and potential leaseholders who are willing to sign a petition in support of unconventional oil and gas drilling in Murrysville, inviting them to attend a closed session on September 17. She believes Huntley & Huntley are attempting to fast track a secretive operation protecting the rights of only some Murrysville landowners and encouraged Council to protect the rights of the residents of Murrysville. A copy of her presentation is on file at the Municipal office with the minutes of this meeting. Paul Burke of 2801 Pleasant Valley Road, who is the Vice-President/General Counsel for Huntley & Huntley, spoke about the existing drilling zone without any setback application and indicated that would leave approximately 38.5% of the acreage available for drilling. Applying the 500’ setback as mandated by the State drops the available acreage to 17%. Using the 600’ setback in the current ordinance results in a drop to 14% available for development; increasing the setback to 750’ would bring the acreage available to 10%. Applying all of the other regulatory requirements set by the State, along with Murrysville’s setback requirement, would make approximately 3% of the acreage available for drilling. He asked Council to keep in mind that there are residents in the Municipality that could benefit greatly from the use of their land for drilling and placing more restrictions on setbacks would make a significant economic impact on those residents. Sam Staymates of 4525 Round Top Rd. said he has had to pay for permits to do anything on his property, and now it’s time to reap the benefit of his mineral rights on his property. car 9/29/15 Regular Voting Meeting – Wednesday, September 16, 2015 Alyson Holt of 4830 Primrose Lane spoke against allowing industrial uses in the rural-residential zones and suggested that prohibiting fracking surface operations in all residential zones as the best alternative and urged Council to find the best solution for Murrysville. A copy of Ms. Holt’s presentation is on file at the Municipal office with the minutes of this meeting. Justin Hough of 6718 Fieldcrest Dr. spoke on behalf of the rights of the vast majority of the community who will not be signing oil and gas leases and said those rights will be restricted if hydraulic fracturing is allowed in residential areas of the community. A copy of Mr. Hough’s presentation is on file at the Municipal office with the minutes of this meeting. David Sharp of 3339 Shady Drive, a former manager on the safety of nuclear power plant operation, said that the number one priority at Westinghouse was public safety. He asked Council to adopt a similar attitude and consider the safety of its residents. A copy of Mr. Sharp’s presentation is on file at the Municipal office with the minutes of this meeting. Zachary Sullivan of 4700 Beulah Drive, Director of Mineral Acquisitions for Bow & Arrow Land Company, asked if the community would be subject to the new zoning ordinance if the oil & gas ordinance is decided at next week’s meeting. He is concerned that, while the ordinance may not be in its final form, it will be applied indefinitely to the community. Solicitor Kotjarapoglus explained that the final version adopted by Council after it goes through the Planning Commission and Council’s hearings would be the one that controls. He further explained that the final ordinance as approved by council would have to be followed and any applications that come in would have to abide by the ordinance as finally adopted. Mr. Sullivan said that Bow & Arrow owns approximately 93 acres of land and 558 acres of mineral rights in Murrysville and has paid landowners almost $3 million and over $30,000 in taxes. The company was relying on the existing regulations when mineral rights were purchased and urged Council to allow the current ordinance to stay in place. A copy of Mr. Sullivan’s presentation is on file at the Municipal office with the minutes of this meeting. John Oliver of 2649 Haymaker Farm Rd., a realtor representing farmers, landowners and natural resource owners. He said Council needs to find a way to balance safety and health, along with the rights of landowners. To restrict as landowner from being able to extract minerals in a safe manner would be wrong. He recommends that Council have a consensus with landowners, those who are pro and con on Marcellus drilling, geologists and representatives of the oil & gas industry and come up with a plan that would be best for the entire Municipality. Thomas Peretic of 6525 Italy Rd. spoke regarding the acreage owned by Free Gospel Bible Institute. He said if nuclear power can be safely regulated, there is no great danger in pumping water into the ground. He said resources are critical to the value of land, whether it is timber or the oil and gas underneath the land. He believes the companies involved have proven that they can extract the oil and gas safely and asked Council to respect the rights of the landowners to develop their property. Cindy Gesuale of 3051 Hoy Farm Ct. asked Council to consider the rights of property owners to develop their property as they wish. car 9/29/15 Regular Voting Meeting – Wednesday, September 16, 2015 Mayor Brooks clarified that, following next week’s meeting, he sees three options: (1) residents feel the current ordinance is supported and the process is stopped; (2) residents feel the proposed ordinance is better and justifiable and should be placed in pending status; and (3) residents are not quite sure if the proposed ordinance is justifiable and send it on for review without placing it in pending status. Mrs. Kearns asked the Solicitor if there was a time limit to placing the ordinance in pending status. Mr. Kotjarapoglus said the ordinance will continue under pending status, even though changes may be made; however, if the Court deems that there is an unreasonable delay, the pending status can be lost. Prior to the Workshop session, Mayor Brooks proclaimed September 17-23 as Constitution Week in recognition of the 228th anniversary of the drafting of the United States Constitution WORKSHOP ITEMS PUBLIC WORKS AND PARKS: 11A. DISCUSSION ON ADDING THE SKENA PROPERTY TO THE MUNICIPALITY’S HUNTING PROGRAM. Director of Recreation Carly Greene explained that there are currently seven parks in the deer management program and the Kellman open space is included. There are no more than twelve hunters assigned to Kellman at any given time. The hunters requested that the Skena property be added to the program since it abuts the Kellman property. This was discussed at the Parks & Recreation Commission meeting and the Commission recommended absorbing the Skena property into the deer management program without adding additional hunters. She said that Kellman has consistently been second to MCP in the number of deer harvested and adding Skena will give the hunters a little more room to spread out and control the deer population in this part of Murrysville. Mrs. Kearns asked if the residents surrounding the Skena property had been advised of the proposal. Carly said letters had been sent out last week advising that this item would be discussed at tonight’s meeting. Mr. Kepler asked if any of the residents surrounding the Kellman property had any complaints over the past several years regarding the deer hunting activity. Carly said there had been none and, in fact, have received phone calls from residents asking how to get the deer out of their yards. There were no additional questions and this item will be on the October 7 agenda. car 9/29/15 Regular Voting Meeting – Wednesday, September 16, 2015 COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF THE CAPITAL IMPROVEMENTS PROGRAM FOR FY 2016-2020. Mr. Synan moved to approve the CIP as presented. Mr. Kepler seconded. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. 13B. CONSIDER APPROVAL OF 2016 MINIMUM MUNICIPAL OBLIGATION (MM0) FOR THE POLICE AND NON- UNIFORM PENSION PLANS. Mr. Kase moved to approve a preliminary 2016 MMO in the amount of $901,443.00. Mr. Synan seconded. Director of Finance, Diane Heming, explained that this item is part of the budget and the value can be changed until the final budget is approved. She expects to get the new actuarial valuations soon and that both of the MMOs will go down because of retirements and new hires at lower salaries. She is unsure about the amount, but she expects that it will be a few hundred thousand dollars lower. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. 13C. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 932-15, THE TRANSFER OF THE WESTMORELAND LAND TRUST ACQUISITIONS PHASE II FROM WESTMORELAND COUNTY TO THE MUNICIPALITY OF MURRYSVILLE. Mr. Synan moved to approve the advertisement. Mr. Perry seconded. Solicitor Kotjarapoglus explained that the transfer includes four tracts of ground: the Yerick property (9 acres), the Manno property (21 acres), the Van de Venne property (49 acres), and the RDE property on Norbatrol – for a total of 97 acres, all of which will be added to Duff Park. He expects that the Municipality will close on the property within the next few weeks. There were no questions from Council. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. ENGINEERING: 15A. CONSIDERATION OF A BOND REDUCTION FOR THE MAPLE COMMONS DEVELOPMENT. Mr. Perry moved to reduce amount for the performance bond being held to ensure completion of the required improvements at the Maple Commons Development, with the new bond amount being $53,559.00. Mr. Kepler car 9/29/15 Regular Voting Meeting – Wednesday, September 16, 2015 seconded. Municipal Engineer Joe Dietrick said staff did a review of the lot and most of the improvements have been completed. There were no questions from Council. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. 15B. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 931-15, AN ORDINANCE TO ESTABLISH A WEIGHT LIMIT FOR LOGAN FERRY ROAD FROM THE ALLEGHENY COUNTY LINE (SOUTH) TO THE ALLEGHENY COUNTY LINE (NORTH). Mr. Lorenz moved to advertise Ordinance No. 931-15, amending the Murrysville Code, Chapter 210, for vehicle weight limits on Logan Ferry Road. Mr. Perry seconded. Mr. Dietrick explained that the Municipality has the right to impose weight limits on both State and local roads. A review of the records showed that Logan Ferry Road was not posted for 10 tons and staff feels, with the improvements made to the road, that it should be posted and limited to local delivery truck traffic only and not through trucks. The weight limit will cover from Plum-Line Nursery to the north end of the road; the south part of the road is already posted for 10 tons. Mr. Kase asked about business owners on the road and if they will be permitted to get deliveries. Mr. Dietrick said local deliveries will be allowed and no permits will be necessary. The posting will prevent through trucks from using the road on a regular basis. There were no additional questions from Council. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. 15C. CONSIDER AWARD OF A CONTRACT FOR THE BRANTHOOVER CUTOFF PROJECT, DPW-7-15. Mr. Kase moved to reject all bids received for DPW-7-15. Mr. Perry seconded. Mr. Dietrick explained that only two bids were received and were way out of line in price. Staff feels that if this project is included in the 2016 overlay project, they will receive a better price. Mr. Synan asked Ms. Heming if the unspent money from this year will be rolled over into next year; she said that it will. There were no further questions. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. OLD BUSINESS: Mr. Dietrick reminded Council that an advertisement for DPW-6-15 (Washington Street Culvert project) was authorized. This is being funded by the County through CDBG and Council’s authorization was based on the County approving the grant. The grant was approved, the project has been advertised and bids will be opened in October. NEW BUSINESS: None. car 9/29/15 Regular Voting Meeting – Wednesday, September 16, 2015 EXECUTIVE SESSION: None. ACTION ITEMS: None. ADJOURNMENT: Mr. Kase moved to adjourn. Mr. Lorenz seconded. All present voted aye. The Council Meeting concluded at 8:28 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 9/29/15