Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, December 16, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 16, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Joan Kearns, Jeff Kepler, Regis Synan, David Perry, William Vance, and Loren Kase. Councilman Josh Lorenz was not in attendance. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, Finance Director Diane Heming and Municipal Planner Allen Cohen. PRESENTATION BY MAYOR BROOKS (2015 COMMUNITY SERVICE AWARD TO THEO AND PIA VAN DE VENNE) Mayor Brooks said that people in the Municipality often volunteer and give of their time and the Municipality lives off of volunteer time. He welcomed Theo and Pia van de Venne who, he said, give of not only their time, but also their treasures. Mayor Brooks showed a map depicting Duff Park and the 49 acres of land Mr. and Mrs. van de Venne donated. With that donation, the State was able to leverage that and get a match of an additional 50 acres, thereby connecting Duff Park with Pleasant Valley Park. Theo and Pia named the other organizations with which they volunteer. Mayor Brooks presented Theo and Pia with an engraved plaque, recognizing their service to the community. Both thanked the Mayor for the recognition and said it is great and very rewarding to be a volunteer; they asked residents to consider volunteering in an area of their interest. Pia commented on her role as coordinator of park volunteers and efforts to rid the parks of invasive plants. She specifically addressed concerns in the Kellman Reserve, Pleasant Valley Park and Duff Park. Mayor Brooks thanked Theo and Pia for being models for Murrysville residents. PRESENTATION BY COUNCIL (2015 VOLUNTEER OF THE YEAR AWARD TO MARK MILLER) Councilman Bill Vance recognized Mark Miller for his service on the Finance Committee since 2002 and the Pension Committee since 2005. Mr. Vance said that, as a certified investment advisor, Mr. Miller was well qualified for the job and has had experience in investing and auditing. Mr. Vance then presented Mr. Miller with an engraved plaque thanking him for his service to Murrysville. Mr. Miller thanked Council and said he was humbled by the award. He credits progress in the plan to establishing a strong structure in 2005, having a good investment advisor, cost-effective actuary & trustee, and good members on the committee. Bringing all that together established a nice format for pension plan administration. He again thanked Council for the recognition. RECOGNITION OF COUNCILMAN REGIS SYNAN BY WHITE VALLEY FIRE DEPARTMENT Chief John Bohinc of the White Valley Fire Department thanked Mr. Synan for the many years he has worked with the Department, named him an honorary member of the Department and presented him with a plaque. Chief Bohinc said Mr. Synan has served as the liaison to all of the emergency services personnel and has been instrumental in assisting the services through projected changes. Mr. Synan thanked the members for the car 1/5/16 Regular Voting Meeting – Wednesday, December 16, 2015 recognition and said he knows what the firemen do all day, every day, for the community. He said applause should not be for him, but for the firefighters who serve the community. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Under Council Action Items – New Business – Item No. 18A – Consider Approval to accept the resignation of Jamie Lee from the Planning Commission due to her being elected to Municipal Council. Mr. Kepler moved to approve the agenda as amended. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS C. NOVEMBER 18, 2015 MEETING MINUTES TO BE APPROVED Mr. Vance moved to approve the Consent Calendar items. Mr. Synan seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Alyson Holt of 4830 Primrose Lane said she is happy about the proposed hearing and public education discussions and offered suggestions for possible speakers at those sessions. A copy of her presentation is on file with the minutes of this meeting. Cindy Gesuale of 3051 Hoy Farm Court said she attended the Planning Commission meeting and listened to the thought-provoking comments made by some of the members regarding the seriously flawed proposed ordinance. She said the ordinance is unreasonable with restrictions that effectively ban drilling in Murrysville. She requested that Council consider scrapping the existing proposed ordinance and allow a new task force to be formed, representative of all residents, including leaseholders and industry representatives. Norman Franke of 4816 Sardis Road also said the proposed ordinance should be sent back to its authors in light of the uproar it caused because of the restrictions on drilling. While a lot of thought was put into drafting the ordinance, he said it lacks the expertise that oil & gas industry professionals could provide. He would also like to see the setback at 500 feet from the well – the same as the state standard – as well as enlarging the oil & gas recovery district. Eleanor Sharp, 3339 Shady Drive, said she is delighted to hear about the educational opportunities proposed by the Municipality and commented on the benefits the forums would provide to the residents. A copy of her presentation is on file with the minutes of this meeting. car 1/5/16 Regular Voting Meeting – Wednesday, December 16, 2015 WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 10A. DISCUSSION OF A PUBLIC HEARING AND EDUCATION SESSIONS FOR PROPOSED ORDINANCE NO. 930-15, AN ORDINANCE REPEALING AND REPLACING SECTION 220-31(CC) OF THE MURRYSVILLE ZONING ORDINANCE REGULATING OIL AND GAS OPERATIONS. Municipal Planner Allen Cohen explained the process that the Task Force, Planning Commission and the County went through to draft the proposed ordinance. That process involved review, comments and improvements. The Planning Code requires a public hearing be held before considering an ordinance or amendment to the zoning code. However, staff felt that a public hearing was not enough, and that educational sessions and dialogue on various issues that are important and have been raised over the past few months need further exploration to determine how the ordinance should best deal with the issues. The points of view then need to be reviewed, discussed and critiqued. A public hearing is planned for February, at which time a detailed presentation of the ordinance will be provided for the record, as well as the plans to engage the public and experts in the subject on this matter. In March or April the education process will begin with four forums scheduled which will include experts on both sides of the issue. Sessions will include presentation and discussion on: (1) legal/land use and permitting issues; (2) environmental impacts; (3) health and safety; and (4) desired best management practices. A public facilitator will be engaged to conduct the sessions in a very objective manner so that they will be as productive and educational as possible and not confrontational. At the conclusion of the public forums, the hope is that the residents will be more engaged, educated and informed. Staff will then made any modifications to the draft ordinance and re-send the new draft to the Planning Commission and Westmoreland County for required comments. Another public hearing will then be scheduled to obtain comments on the new draft ordinance. Mr. Morrison said that if this is the process to be used, there will be costs associated with it, depending on who the experts are and where they come from. The proposed 2016 budget has provided for those fees as a line item. He continued by stating that, in some instances, people who disagree with outcomes have a tendency to attack the process and the process that staff went through for the development of this ordinance was solid. It involved people that have knowledge of the industry and activity, and to suggest that was not done is not accurate. The task force was comprised of environmentalists, geologists and people from the industry. He said that after discussion with Mr. Cohen and Council, staff believes this process is the best way to go. Mr. Kepler questioned whether the proposed process will result in the desired outcome of good dialogue between different sides of the issue to come up with a balanced approach. Mr. Morrison said there may not be compromise – there may be one extreme or the other – and discussions have already been started with people in the industry to find out their needs. Everyone accepts that there will be oil and gas development in the Municipality. The question is how can it best be controlled to meet the responsibilities that staff has to all the residents of the community? There were no further questions or discussion on this issue. car 1/5/16 Regular Voting Meeting – Wednesday, December 16, 2015 COUNCIL ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF ORDINANCE NO. 935-15, 2016 TAX ORDINANCE. Mr. Synan moved to approve the ordinance. The tax ordinance included in this packet sets forth the millage rate of 12.15 mills for 2016. This is the same level as 2015. Mr. Vance seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. 13B. CONSIDER APPROVAL OF ORDINANCE NO. 936-15, 2016 SALARY ORDINANCE. Mr. Vance moved to approve the ordinance. Mr. Synan seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. 13C. CONSIDER APPROVAL OF RESOLUTION NO. 654-15, 2016 BUDGET. Mr. Synan moved to approve the resolution. Mr. Vance seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. 13D. CONSIDER APPROVAL OF 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. Vance moved to approve the ordinance specifying the rate of pension contributions with respect to the police pension fund for the 2016 calendar year. Mr. Synan seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. 13E. CONSIDER APPROVAL OF ORDINANCE NO. 938-15, 2016 FEES ORDINANCE. Mr. Synan moved to approve the ordinance. Mr. Vance seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. 13F. CONSIDER APPROVAL OF THE RESOLUTION NO. 657-15, DISPOSAL OF RECORDS. Mr. Vance moved to approve the resolution disposing of certain public records, archives and printed public documents. Mr. Synan seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. car 1/5/16 Regular Voting Meeting – Wednesday, December 16, 2015 COMMUNITY DEVELOPMENT: 14A. CONSIDER ADOPTION OF RESOLUTION NO. 656-15, APPROVING THE TRANSPORTATION CAPITAL IMPROVEMENT PROGRAM. Mr. Synan moved to approve the resolution. Mr. Vance seconded. Mr. Morrison said the impact fee was revised based on the recommendation of Council to $1,335. Mrs. Kearns reminded Council that each item in the proposed program will be thoroughly vetted and it may be that only one or two out of the entire program will be done, depending upon the benefits and drawbacks to the Municipality and where the money is coming from. Mr. Morrison said correct on both comments. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. 14B. CONSIDER APPROVAL OF ORDINANCE NO. 941-15, AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PROGRAM FOR TRANSPORTATION FACILITIES. Mr. Vance moved to approve ordinance 491-15. Mr. Synan seconded. Mr. Kase corrected the motion to reflect that it is ordinance No. 941-15. Mr. Vance accepted the correction; Mr. Synan seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. ENGINEERING: 15A. CONSIDER A BOND RELEASE FOR THE MAPLE COMMONS DEVELOPMENT. Mr. Synan moved to release the performance bond being held to ensure completion of the required improvements at the Maple Commons development in the amount of $53,559. Mr. Vance seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. OLD BUSINESS: The deed for the Parkins property was delivered and with the acquisition of the new bucket truck, staff will begin taking down trees. NEW BUSINESS: Mr. Vance moved to accept the resignation of Jamie Lee from the Planning Commission. Mr. Synan seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Kase – yes. Motion approved. Mr. Kepler asked if the lights on Rt. 22 were active. Mr. Morrison said they are active but not adaptive. He also said that the controller box at Cline Hollow is to be replaced; on Night of Lights the light went into flash and no one could figure out what was wrong, so PennDOT is paying to replace the box car 1/5/16 Regular Voting Meeting – Wednesday, December 16, 2015 EXECUTIVE SESSION: None. ACTION ITEMS: None. Prior to adjournment, Mr. Vance said that he thinks the citizens of Murrysville should know that they are blessed with great leadership, including the police, chief administrator, administrative staff and public works. Mr. Synan thanked the staff for making his job easy during the eight years he served on Council, and his fellow Council members and Mayor who made it a joy to be there. Mrs. Kearns thanked Mr. Synan for being incredibly patient and said Mr. Vance is quiet, but when he speaks, he has something to say that is meaningful. She said they hate to lose people that have been such tremendous contributors to the Municipality in many ways. She thanked both for their years of service, not only on Council, but other committees and community activities. ADJOURNMENT: Mr. Vance moved to adjourn. Mr. Synan seconded. All present voted aye. The Council Meeting concluded at 8:05 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 1/5/16