Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, October 21, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, October 21, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members William Vance, Loren Kase, Josh Lorenz, Dave Perry, Regis Synan, Jeff Kepler and Joan Kearns. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Finance Director Diane Heming and Recreation Director Carly Greene. MAYOR BROOKS WELCOMES JOHN CARDWELL Mayor Robert Brooks introduced John Cardwell and asked Chief Administrator Jim Morrison to speak about Mr. Cardwell’s contributions to the Municipality, which included serving on Council. Mr. Morrison said the first big project he worked on with Mr. Cardwell was the current Municipal Building and then the Public Works building. Mr. Morrison praised Mr. Cardwell’s work as a member of the pension committee and the significant impact that work has made on the financial condition of the Municipality. Mr. Cardwell was instrumental in starting the Murrysville Economic & Community Development Corporation twenty years ago and bringing many commercial developments into the community. Mr. Morrison thanked Mr. Cardwell for his many years of service to the community. Mayor Brooks presented Mr. Cardwell with a certificate of appreciation for his service and in making Murrysville a special place in which to live. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Under Council Action Items – Administration – Add Item No. 13H – Consider approval of Resolution No. 655-15, Policy and Procedure for Consultant Selection through PennDOT Engineering Consultant Management System (ECMS); Add Item 13I – Consider approval of Betsy Aiken’s resignation from the Parks and Recreation Commission, authorize to advertise the vacancy, and send a letter of thanks for her service. Mr. Lorenz moved to approve the agenda as amended. Mr. Perry seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS Mr. Vance moved to approve the Consent Calendar items. Mr. Kase seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Gail O’Toole, 3515 Eastview Lane, addressed Council regarding her concerns about fences that have been erected by neighbors on both sides of her property that are not up to code. Mayor Brooks said he and Mr. Morrison will visit the property and look at the fences. Jenn Landsberg, 1056 Manor Vue Ct., spoke to Council regarding fracking and the problems she has had at her home because of the Apex Quest well pad on Mellon Road in Penn Township. She urged Council to reconsider car 11/10/15 Regular Voting Meeting – Wednesday, October 21, 2015 the limits of fracking within a one mile radius of residential areas when revising the current ordinance. A copy of Ms. Landsberg’s presentation is on file at the Municipal office with the minutes of this meeting. Bruce Livengood, 6202 Bollinger Road, said he is still unclear as to why the current oil and gas ordinance has to be changed. He asked why Murrysville can’t use the expertise used by the State and DEP for guidance. He asked Council to consider going along with the State’s setback requirements. Barbara Sims, 3837 Hills Church Road, has concerns about Dominion’s proposed increase in horsepower of the J.B. Tonkin compressor station on Mamont Road (from 6,000 h.p. to 28,000 h.p.). She asked staff and/or Council to contact F.E.R.C. and ask for more information on air quality monitoring procedures. Mr. Morrison explained that Dominion is participating in the application process regarding the proposed pipeline from the Tonkin compressor station, to the Morosini farm area in the Ringertown section of town, then moving through West Virginia and Virginia to supply plants in North & South Carolina. Mr. Morrison said the compressor station and pipeline are two separate issues. If Council wishes to intervene on the pipeline, staff can address it. The local regulations deal with erosion and sedimentation permitting, which the Conservation District does on the Municipality’s behalf. When Dominion applies for a permit for the expansion of the compressor facility, the Municipality’s authority is limited to its ability to regulate construction on the site, zoning and (to some degree) noise. He said Dominion has received a Certificate of Public Convenience, which identifies it as a public utility, which gives it the right to eminent domain, if necessary, in building the pipeline. That certificate also identifies which can and cannot be regulated at the local level. WORKSHOP ITEMS ADMINISTRATION: 12A. DISCUSSION OF PROPOSED ORDINANCE NO. 929-15, PERTAINING TO PRIVATE FIRE HYDRANTS. Mr. Morrison explained that MAWC advised it inspects hydrants every eighteen months as opposed to every three years. He also said there is no certification required for inspectors. A few changes were made to the ordinance as originally presented to Council and it is now being brought back for comments. Mrs. Kearns asked if the hydrant owner can inspect it, since no certification is required. Mr. Morrison said that, typically, a security company does the inspection; however, former MAWC employees who had the responsibility of inspecting the hydrants while employed also will do inspections. He noted that staff is not aware of whether a few companies in town are having their hydrants inspected and, if not and there is a fire, it could cause significant problems for the first responders. Resident Lenny Podowski of 1424 Lyons Chase Circle, who is in charge of buildings and grounds in the community, had concerns that some residents in his community were just opening the valve and letting the water run for a short time. He talked to several people, eventually learning from MAWC that the inspection must be done by a registered master plumber with an H.P. number, who must also have certification and car 11/10/15 Regular Voting Meeting – Wednesday, October 21, 2015 training. Mr. Podowski was provided with a list of certified inspectors. He asked if the private communities would be notified of the standards for inspection. Mr. Morrison said the intent is to notify all known private hydrant locations once the ordinance is passed. There was no additional discussion and this item will be placed on a future agenda for vote. 12B. DISCUSSION OF PROPOSED REGULATIONS TO NO SMOKING IN MUNICIPAL PARKS. Mr. Morrison said Council asked staff to investigate this issue regarding posting certain areas or entire parks prohibiting smoking. Act 27 of 2008, the Clean Indoor Air Act, regulates smoking in public places and incorporates recreational areas but only defines enclosed recreational areas – not outdoor or open air facilities. The State Dept. of Health created the Young Lungs at Play program and will provide signs to Municipalities that pass a resolution, ordinance or policy regulating use of tobacco products in parks and ball fields. There are 562 communities across Pennsylvania that participate in the program. Mr. Morrison provided Council with a list of communities in Allegheny and Westmoreland Counties that participate. If a resolution is approved, the question then becomes one of enforcement, since most of the activity in the parks occurs on week-ends and code enforcement personnel are not available. Mr. Morrison said one community uses a peer pressure approach; i.e., if someone is offended by the smoke and asks the smoker to leave and he/she doesn’t comply, the person can then call the police or code enforcement officer to respond. Mr. Lorenz said he had gotten a number of complaints from people using the fields about others smoking while the children are either practicing or playing on the fields. He said the parks are public places and people should be able to go there and smoke if others are not around; however, smoking poses a problem when organizations that pay for the use of the fields are engaging in physical activity and the smoke is affecting the children. He doesn’t think children should be forced to breathe second-hand smoke while engaging in sports. Mr. Vance said he believes a policy would be in order. Mr. Perry said he thinks a designated smoking area would make sense, especially if there are other people around. He agreed with Mr. Lorenz that it shouldn’t be an issue if there is no one else around. Mr. Synan, Mr. Kase and Mr. Kepler also favor a designated smoking area away from children and Mr. Kepler is in favor of a policy. Mrs. Kearns said she likes the Young Lungs at Play program and believes that peer pressure and signage, along with a policy, may be the best way to initially address this issue. Mr. Morrison reminded Council that the Young Lungs at Play program prohibits use of all tobacco products. Mr. Lorenz said that there are signs at the playgrounds provided by Excela Health prohibiting smoking in those areas. Mr. Morrison said he will have to do some research on that since he wasn’t involved in posting the playground areas. Mr. Morrison confirmed that it is not necessarily Council’s wish to participate in the Young Lungs at Play program, but to prohibit smoking in active recreation areas. Mrs. Kearns asked that smoking be prohibited at the Municipal building entrances/exits. Council agreed. car 11/10/15 Regular Voting Meeting – Wednesday, October 21, 2015 12C. DISCUSSION CONCERNING PARTICIPATION IN THE CENTRAL WESTMORELAND COUNCIL OF GOVERNMENTS UCC APPEALS BOARD PROGRAM. Mr. Morrison explained that staff has had a difficult time appointing individuals to the UCC Appeals Board. He learned that the Westmoreland Council of Governments, of which Murrysville is a member, has a joint Board of Appeals which the Municipality can use in event of an appeal being filed. There have been no appeals filed since the creation of the Board; a request for an appeal has been made, but it has not yet been carried through. Joining the County Board is being submitted to Council as an alternative to having a local Board. Mrs. Kearns said she believes it would be good to have appeals heard from an outside group, not by residents of Murrysville. The Municipality pays $195/year to belong to the C.O.G. Mr. Morrison mentioned that the ordinance adopting the UCC Board of Appeals in Murrysville contemplated a joint Board of Appeals; the legislation is there, it just needs to be enacted. This item will be moved to the next meeting for a vote. COUNCIL ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF REVISED 2016 MINIMUM MUNICIPAL OBLIGATION (MMO) FOR THE POLICE AND NON-UNIFORM PENSION PLANS. Mr. Lorenz moved to approve the revised 2016 MMO in the amount of $495,983. Mr. Kepler seconded. Finance Director Diane Heming explained that the MMO is based on an actuarial report completed every other year and when she previously made a presentation to Council, the 2015 actuarial evaluation had not yet been completed. She was happy to report that the new evaluation put both plans almost completely funded: the police plan is 103% funded and the non-uniform plan is 98% funded, which is very good for a Municipality. She noted that the 2016 MMO will be almost $400,000 less than it has been in the past seven years, and should stay similar for the next few years. Mr. Morrison commented that with the challenges Municipalities are presented with in funding pension plans, through the work of Mr. Cardwell and the Finance Committee, staff has been able to bring the funds to 100% funding status and also provided an opportunity to work on some other projects. Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. 13B. CONSIDER APPROVAL OF RESOLUTION NO. 652-15, DISPOSAL OF RECORDS. Mr. Kepler moved to approve the resolution disposing of certain public records, archives and printed public documents. Mr. Kase seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. car 11/10/15 Regular Voting Meeting – Wednesday, October 21, 2015 13C. CONSIDER AUTHORIZATION TO ADVERTISE FOR THE 2016 OPERATING BUDGET WORKSHOP AND PUBLIC HEARING TO OCCUR ON NOVEMBER 4, 2015 AT A TIME SPECIFIED BY COUNCIL. Mr. Synan moved to approve the advertisement the public hearing to allow for citizen input on the 2016 Operating Budget. Staff recommends holding the hearing on November 4, 2015 at 7:00, with the budget workshop occurring immediately after. Resolution No. 654-15 attached will be completed and submitted for approval when the final budget is ready for a vote. Mr. Kepler seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. 13D. CONSIDER REJECTING ALL BIDS RECEIVED FOR COMMUNITY CENTER RENOVATIONS. Mr. Kase moved to reject all bids received for the Community Center renovations. Mr. Perry seconded. Finance Director Diane Heming explained that bids were sent out to approximately twelve contractors and received three bids. All bids were at least 100% more than the amount estimated by the design consultant. Staff will look at the building again and see where the most visual impact can be made. Mr. Morrison said the bathrooms need updated, carpeting needs replaced in the senior center and the lighting needs updated. Mr. Lorenz asked for a copy of the RFP and suggested that there might be some contractors who have an interest in Murrysville and might want to give back to the community and would be interested in either donating materials or giving a break on the price. Mr. Morrison said that there were two issues concerning this project: (1) because the project was estimated at greater than $25,000, the job had to be bid at prevailing wage rates; (2) the Home Rule Charter requires a 25% bid bond and a two-year warranty maintenance bond. The size of the contractors that do this type of work don’t want their money tied up that long and don’t want to deal with the reporting requirements under the Prevailing Wage Law. Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion to reject bids approved. 13E. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 933-15, AN ORDINANCE ADDING THE SKENA PROPERTY TO THE MUNICIPALITY’S HUNTING PROGRAM. Mr. Perry moved to advertise Ordinance No. 933-15 adding the Skena property to the list of designated parks within the Municipality for the hunting program. Mr. Lorenz seconded. Recreation Director Carly Greene said she had been approached by hunters involved in the program on the Kellman property who asked if they could also utilize the Skena property for hunting. The Parks and Recreation Commission recommended that the Skena property be added, but without adding any additional hunters. There are eleven hunters currently permitted to hunt on the Kellman property, and adding the additional 22 acres will allow them a little more room to hunt. Ms. Greene said the Kellman location consistently has the same or more car 11/10/15 Regular Voting Meeting – Wednesday, October 21, 2015 deer harvested as Murrysville Community Park – it is the second highest harvest area in the Municipality. She explained that the original ordinance allowed hunting only in Duff and Townsend Parks; the verbiage in the ordinance was then changed to “designated parks,” so that when parks were added, it was easier to just add the parks. It is proposed that the ordinance be changed to list the specific parks while adding Skena because it is unclear what parks are actually in the deer management program. Also, the current ordinance still permits muzzle loaders, which has not been allowed for several years, and only bow & arrow hunting is now permitted. Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. 13F. CONSIDER AUTHORIZATION TO ADVERTISE THE VACANCIES FOR THE 2016 BOARDS, COMMISSIONS, AND COMMITTEES. Mr. Perry moved to authorize the advertisement. Mr. Synan seconded. Mrs. Kearns asked if the opening on the Parks & Recreation Commission should be included with the general advertisement or if the slot needed to be filled prior to then. Mr. Lorenz said he thinks it would be fine to include it with the advertisement for all other vacancies. Mr. Kase asked if the UCC Board of Appeals committee would be removed; Mr. Morrison said it would. Mr. Perry read the open positions available: EAC (2), FTMSA (1), Library (2), Parks & Recreation (2), Personnel Board (2), Planning Commission (1), Traffic Impact (2), ZHB (1). Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. 13G. CONSIDER AUTHORIZATION TO ADVERTISE FOR 2015 VOLUNTEER-OF-THE-YEAR. Mr. Kase moved to approve. Mr. Kepler seconded. Mrs. Kearns read the requirements, date due for submissions, and other pertinent information. Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. 13H. CONSIDER APPROVAL OF RESOLUTION NO. 655-15, POLICY AND PROCEDURE FOR CONSULTANT SELECTION THROUGH PENNDOT ENGINEERING CONSULTANT MANAGEMENT SYSTEM (ECMS). Mr. Synan moved to approve. Mr. Kase seconded. Mr. Morrison explained that the ECMS system is a system set up on the state system in order to be able to transfer money between the two agencies, i.e., liquid fuels, etc. As a part of the ECMS membership, the Municipality is required to follow state guidelines when a bridge inspector is hired; typically, the Municipal consulting engineer has done this. The Municipality must go through the process of soliciting proposals, identifying a committee to review the proposals, selecting a group of three consultants to interview, and then deciding which one to hire. The process for engineer selection is required in order for the Municipality to be able to sign up for the ECMS. This needs to be done every five years. If the Municipality doesn’t sign up for ECMS, it won’t get reimbursed for inspections, which can amount to $25,000- $30,000. car 11/10/15 Regular Voting Meeting – Wednesday, October 21, 2015 Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. 13I. CONSIDER APPROVAL OF BETSY AIKEN’S RESIGNATION FROM THE PARKS AND RECREATION COMMISSION, AUTHORIZE TO ADVERTISE THE VACANCY, AND SEND A LETTER OF THANKS FOR HER SERVICE. Mr. Kase moved to approve. Mr. Synan seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. ENGINEERING: 15A. CONSIDER APPROVAL OF ORDINANCE NO. 934-15, AN ORDINANCE ACCEPTING THE ROADS IN THE SERENITY POINTE DEVELOPMENT. Mr. Kepler moved to adopt the ordinance. Mr. Kase seconded. Mr. Perry wanted it noted that this acceptance is an exception because, looking at the lots approved, technically the plan doesn’t meet the Municipality’s 75% requirement; however, some of the lots are accessed off of Hills Church and the roads, so they are not part of the roads being accepted into the Municipality’s system. Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. 15B. CONSIDER APPROVAL OF BOND RELEASE FOR THE BEAUTY LOUNGE. Mr. Kase moved to release the bond being held for the completion of the required improvements for The Beauty Lounge project, SP-4-15. Mr. Perry seconded. Mr. Morrison said Mr. Dietrick and Mr. Jobe inspected the building and recommended the bond be released. Mr. Morrison added that the owners did a very nice job on a structure that was in pretty bad shape. Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. PUBLIC WORKS AND PARKS: 16A. CONSIDER APPROVAL TO ADVERTISE FOR A USED DIESEL ENGINE BUCKET TRUCK. Mr. Lorenz moved to authorize advertisement for a used 4 x 4 engine bucket truck. Mr. Kase seconded. Mr. Morrison explained that there has been some debate regarding purchasing a new or used vehicle. The Municipality has a policy to be followed in bidding used equipment, but must be very careful in how this is bid. He recommends that Council approve his recommendation of staff viewing the truck before a bid is awarded. There are a number of companies that deal exclusively in used bucket trucks. The boom must be certified and there are some reservations in buying used equipment. The Municipal mechanic and Foreman Bill Paiano will car 11/10/15 Regular Voting Meeting – Wednesday, October 21, 2015 inspect the vehicle before a bid is awarded. Mr. Morrison said Texas, Alabama and Illinois have the dealers that staff has been looking at on line, so travel expenses will be incurred for the inspection. Mr. Lorenz asked if a clause could be put in that the bid will be awarded subject to inspection of the vehicle. Mr. Morrison said will be included in the specifications, along with certification of the wear on the engine and current inspection on the boom and vehicle. There was no further discussion on this item. Upon a roll call vote: Mr. Vance – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes. Motion approved. OLD BUSINESS: None. NEW BUSINESS: None. EXECUTIVE SESSION: Council adjourned to an Executive Session to discuss a Real Estate Issue at 9:00 p.m. and reconvened at 9:09 p.m. There was no action coming out of the Executive Session. ACTION ITEMS: Send a letter to Betsy Aiken thanking her for her service on the Parks and Recreation Commission. ADJOURNMENT: Mr. Perry moved to adjourn. Mr. Synan seconded. All present voted aye. The Council Meeting concluded at 9:10 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 11/10/15