Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, December 2, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 2, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Josh Lorenz, Jeff Kepler, Loren Kase, David Perry, William Vance, Joan Kearns and Regis Synan. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, and Municipal Planner Allen Cohen. PRESENTATION BY MAYOR BROOKS TO ALLEN COHEN (2015 OUTSTANDING ACHIEVEMENT AWARD) Mayor Brooks said that December gives him a chance to thank employees that have done something special and above the norm throughout the year and called up Municipal Planner Allen Cohen for recognition. Mr. Cohen explained that, after receiving his Master’s degree in City & Regional Planning, he has worked in the community development field for 35 years, in both Ohio and Pennsylvania. He was hired as the Planning Director for Murrysville in 1994, working in that position for several years before going to other communities and doing private consulting, then returning to Murrysville. Mayor Brooks commented on Mr. Cohen’s work with the Comprehensive Plan and the Marcellus Shale issue, which Mr. Cohen said is one of the most exciting and challenging issues that a Planner and the community can face. He said that issue is the first controversial issue he has faced as a Planner, but is also the most rewarding, and that part of the whole process is listening to what people have to say and learning as much as he can about the issue from various perspectives. Mr. Cohen’s wife, Ann, said Allen is the smartest man she knows; he’s a good teacher and listener and is knowledgeable enough that he brings any issue that sounds abstract down to the lowest possible level. Mayor Brooks thanked Allen for his work and presented him with an engraved plaque. Mr. Cohen thanked Mayor Brooks for his support, and also thanked his wife, staff, Planning Commission and Council for their support and cooperation. PRESENTATION BY THE CHIEF ADMINISTRATOR TO CHERIE WEBER (2015 EXCELLENCE IN MURRYSVILLE AWARD) Chief Administrator Jim Morrison recognized Cherie Weber, who he called a very hard-working and efficient Executive Assistant. She has been with the Municipality for 14 years and been instrumental in working on several projects. Included in that list are the following: new recycling program, emergency management (putting together the red book identifying resources available in case of an emergency, human resources, website development (3 sites), social media (twitter/Facebook). Mr. Morrison thanked her and presented her with an engraved plaque. Ms. Weber said it’s been an honor to work in Murrysville and felt privileged to receive the award. She said of all the projects she has worked on and/or initiated, the most gratifying part of the job is helping people. Cherie’s partner, Ryan, said she is the hardest working, most efficient and competent person he has ever met. He said her expertise and knowledge have been a boon to Murrysville; he congratulated her and said she definitely earned the recognition. car 12/22/15 Regular Voting Meeting – Wednesday, December 2, 2015 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. OCTOBER 21, 2015 MEETING MINUTES TO BE APPROVED B. NOVEMBER 4, 2015 MEETING MINUTES TO BE APPROVED Mr. Lorenz moved to approve the Consent Calendar items. Mr. Vance seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Barbara Sims of 3837 Hills Church Road asked Council how they planned on notifying Murrysville residents of the upcoming open hearings about passing the ordinance on Marcellus gas drilling of unconventional wells in the community. She said she didn’t think a notice in newspaper or posting on the website was enough and that residents should have the opportunity to voice their opinions and to know what is exactly in the ordinance regulating gas drilling. She suggested sending letters to all residents informing them when the meetings will take place. Mr. Morrison said that notices are posted on Channel 19, the Municipal website and the Penn- Franklin News; the dates are also discussed at Council meetings. He said people that are genuinely interested in the subject will pay attention to the resources the Municipality uses to notify residents of the meetings and if they are interested, they will attend. Ms. Sims said she doesn’t believe the residents are being educated and need to be notified in addition to the postings in the paper. Council President Joan Kearns suggested having some small posters made and posted in strategic places around town. There was no other discussion on this item. WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 10A. DISCUSSION OF PROPOSED UPDATES TO THE TRANSPORTATION CAPITAL IMPROVEMENTS PLAN AND TRAFFIC IMPACT FEE PER CHAPTER V-A OF THE PENNSYLVANIA MUNICIPALITIES CODE. Municipal Planner Allen Cohen reminded Council that the traffic consultant, Mike Mudry, presented the draft Capital Improvements Plan at the last Council meeting, which is the third phase of the traffic impact study. In that plan, the key components are the project list and the recommended fee per p.m. trip for each trip generated by new development in the Municipality that are located in the specific areas of the traffic impact overlay. Council is now at a point where they will confirm or amend the Capital Improvements Plan prepared by the consultant. car 12/22/15 Regular Voting Meeting – Wednesday, December 2, 2015 Mr. Cohen noted that Councilperson Kearns expressed some concerns that the projects along Old William Penn could have a drastic impact upon the character of the community in terms of the intersections being changed or expanded. The Traffic Advisory Committee recommended the Sardis Rd./Old William Penn Highway project as number one on the list. He further explained that the Capital Improvements Plan can be adjusted and amended yearly by the Traffic Advisory Committee and confirmed by Council. He said that, even though there are ten projects on the list, they probably will not all be completed, but they must be looked at and addressed over the next ten or twenty years. He mentioned that the Logan Ferry/Sardis Road bridge project is another one of primary importance and doesn’t seem to have as much impact as the Old William Penn/Sardis intersection. He said the Traffic Advisory Committee considered the consultant’s recommendation to raise the fee to $1,335, but recommended maintaining it at the current level of $1,195. The fee is also in Council’s hands when adopting this part of the planning process. Mr. Cohen explained that, moving forward, the steps are: (1) once Council decides on a project list and fee, a resolution will be presented to Council approving that phase of the plan; and (2) preparation and advertisement of the ordinance referring to the three phases of the plan. Mr. Morrison said that transportation planning is part of communities that grow and he cited Cranberry Township and Peters Township where a substantial amount of commercial and residential development is occurring. Cranberry Township’s per-trip fee is sufficient enough to enable the Township to float bonds to do the projects as they are identified and believe there is enough development to be able to pay the principal and interest on the bonds over 20 years. Mr. Morrison said Murrysville’s traffic impact fee has been in place since 2006 and fees upwards of $1 million have been collected. He believes the current plan has legitimate projects identified; they may not be immediate, but staff and Council need to be serious about going forward with the projects or there is no sense in having an impact fee in place. The identified projects are those that will be impacted by growth that has occurred and will continue to occur in the community and will, some day, put pressure on the community and put the elected officials in a position to make a decision as to whether they will fund and execute the projects. Mr. Morrison told Council that the plan being brought to Council includes projects identified through almost 1 ½ years of a planning effort and a recommendation of the continuation of an impact fee. Council needs to make a decision as to whether the Municipality is going to consider the projects, bring them into the capital reserve and find ways to fund them. Mr. Kepler said he appreciates all of Mr. Morrison’s comments and believes what Council is dealing with is the report itself and the continuation of the fee. He doesn’t see anything wrong with the report and sees no reason why Council wouldn’t pass it. However, he would like to have “tougher” discussions on the list of projects and how to move forward with them. He wants to move forward, but didn’t want to select projects at this time. Mr. Morrison said the list of projects is based on a review of the planning effort and he believes they are legitimate projects; the projects will get debated as part of the capital improvements process. He believes Mr. Kepler’s comments are correct and Council must decide if they want to continue with the impact fee and ultimately pass the resolution in order for that to occur. The projects can be separated out, but if staff goes beyond the scope car 12/22/15 Regular Voting Meeting – Wednesday, December 2, 2015 of those 10 projects, he believes an addendum to the planning effort must be done. Again, the debate as to what projects will be done and when is part of the capital improvements budget process. Mr. Cohen explained that the traffic advisory committee meets annually to review the plan and recommendations in terms of any updates or issues; that could be done next year prior to the CIP being prepared and a report presented to Council as to how those projects fit in with the CIP in terms of the cost and what funds are available to do the projects. What is being decided now (adopting the ordinance) is not in stone but is a direction that starts the process. Mr. Perry asked about the rationale of the committee in keeping the fee as it currently stands as opposed to the recommended increase. Mr. Morrison explained that the fee is a function of the anticipated number of trips divided by the estimated cost of the project. When the consultant made the recommendation, he did not take into consideration the balance on hand and the Planning Commission felt that because there is $1 million+ already collected, it is justified in holding the fee at the current rate. Mr. Perry said he knows of numerous instances where projects have gone over budget because of additional engineering reports, etc. and he is concerned at keeping the fee as it currently stands. Additionally, if there is extra money, the proposed intersections can be changed to fit more with the community rather than just be “nasty looking.” Mr. Morrison said the study supports the recommended $1,335 and it’s Council’s prerogative to adopt the recommendation. Mayor Brooks said that, even though $1 million has already been collected, some of the projects selected will cost at least $1 million each, so that means only one intersection can be addressed with that money. Mr. Cohen said some members of the committee felt that the increased fee would be a hindrance to development in the community. Mrs. Kearns said she liked Mr. Kepler’s approach to this issue more than making the assumption that approving to advertise the ordinance means that all projects will be completed because conditions change and taking a separation approach makes more sense. Mr. Cohen clarified one technicality, and that is that Council will have to adopt the Capital Improvements Plan as it is currently written as part of the ordinance, which refers to all three phases of the plan. Approval does not preclude Council from amending the plan on an annual basis. Mr. Morrison asked Council to keep in mind that the fee is the function of the sum of the projects and the number of trips, so if Council doesn’t adopt the projects, there is no number to divide into. Mr. Kepler noted that Council is merely adopting the list of projects, not committing Council to do all of the projects because the funding is not available to do them all. Projects can be added to the list on an annual basis. Mr. Morrison said it is a vision plan. There was no further discussion on this issue. car 12/22/15 Regular Voting Meeting – Wednesday, December 2, 2015 COUNCIL ACTION ITEMS ADMINISTRATION: 13A. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 938-15, 2016 TAX ORDINANCE. Mr. Synan moved to authorize to advertise the 2016 tax ordinance at the same millage of 12.15. Mr. Kepler seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. 13B. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 936-15, 2016 SALARY ORDINANCE. Mr. Kepler moved to authorize to advertise the 2016 salary ordinance. Mr. Kase seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. 13C. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 940-15, AMENDING THE MURRYSVILLE CODE 45-10 C(1) ESTABLISHING AND DESCRIBING A PENSION PLAN FOR THE FULL-TIME POLICE OF THE MUNICIPALITY OF MURRYSVILLE FOR THE FISCAL YEAR 2016. Mr. Perry moved to authorize to advertise the ordinance specifying the rate of pension contributions with respect to the police pension plan for the 2016 calendar year. Mr. Kepler seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. 13D. CONSIDER APPROVAL OF ORDINANCE NO. 939-15, AN ORDINANCE ACCEPTING A GRANT OF STORMWATER EASEMENT FROM BRIAN W. AND BEVERLY B. BLACK. Mr. Kepler moved to approve. Mr. Kase seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. 13E. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 938-15, 2016 FEES ORDINANCE. Mr. Synan moved to authorize to advertise the 2016 fees ordinance. Mr. Perry seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. 13F. CONSIDER APPROVAL OF THE 2016 ENGINEERING SERVICES AGREEMENT Mr. Kase moved to approve a two-year agreement with the Markosky Engineering Group for Municipal engineering services at a monthly retainer fee of $5,000. Mr. Lorenz seconded. car 12/22/15 Regular Voting Meeting – Wednesday, December 2, 2015 Mr. Morrison explained that the new contract rate is a reduction of the previous rate. He said it’s good to have someone that knows the community and has worked on a number of projects. Mr. Perry said that the work done by Mr. Dietrick is a value based on his knowledge and expertise and the Municipality could not get a full- time, in-house person of his quality for the amount currently being paid. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 941-15, AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PROGRAM FOR TRANSPORTATION FACILITIES. Mr. Perry moved to advertise the ordinance adopting the Capital Improvement Program as recommended by the Traffic Impact Advisory Committee with the fee at the recommended $1,335.00. Mr. Synan seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. 14B. CONSIDER AUTHORIZATION TO ADVERTISE FOR A PUBLIC HEARING TO BE HELD ON WEDNESDAY, JANUARY 20, 2016, 7:00 P.M., FOR REZONING APPLICATION Z-2-2015, SUBMITTED BY DIADON, LLC TO REZONE TAX PARCELS 49-14-08-0-019 AND 49-14-08-0-020 (4801 OLD WILLIAM PENN HIGHWAY AND 4806 WILLIAM PENN HIGHWAY) FROM MU (MIXED USE) TO B (BUSINESS). Mr. Synan moved to advertise the Public Hearing to be held on January 20, 2016 at 7:00 for rezoning application Z-2-2015. Mr. Kase seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. ENGINEERING: 15A. CONSIDER APPROVAL OF ORDINANCE NO. 937-15, AN ORDINANCE FOR REVISIONS TO THE TRAFFIC CONTROL ORDINANCE. Mr. Synan moved to approve an ordinance amending the Murrysville Code, Chapter 210-26, Schedule I: Speed Limits, Chapter 210-35, Schedule X: Stop Intersections, and Chapter 210-37, Schedule XII, Weight Limits, for Trillium Drive and Blue Sage Court in the Serenity Pointe development. Mr. Kase seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. car 12/22/15 Regular Voting Meeting – Wednesday, December 2, 2015 15B. CONSIDER RELEASE OF A BOND BEING HELD TO INSURE COMPLETION OF THE FINAL 1 ½” OF PAVEMENT IN THE SERENITY POINTE DEVELOPMENT. Mr. Synan moved to release the bond being held for the final pavement in the Serenity Pointe plan (in the amount of $47,080). Mr. Vance seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. PUBLIC WORKS AND PARKS: 16A. CONSIDER APPROVAL FOR THE SALE OF THE K9 CAR TO THE HIGHEST BIDDER. Mr. Vance moved to approval the sale of the used police K9 unit, which was advertised through the Penn Franklin on Wednesday, November 11 and Monday, November 16 to the New Castle Police Department for $3,000. Mr. Kase seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Synan - yes. Motion approved. OLD BUSINESS: Council will conduct interviews for Boards & Commissions before the first Council meeting in January. As many selections as possible will be sworn in at the first Council meeting in January, with the with the remaining members sworn in at the January 20, 2016 meeting. NEW BUSINESS: None. EXECUTIVE SESSION: None. ACTION ITEMS: None. ADJOURNMENT: Mr. Synan moved to adjourn. Mr. Vance seconded. All present voted aye. The Council Meeting concluded at 8:13 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 12/22/15