Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, January 20, 2016 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, January 20, 2016 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Joan Kearns, Jamie Lee, David Perry, Jeffery Kepler, and Tony Spadaro. Councilmen Josh Lorenz and Loren Kase were absent. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George A. Kotjarapoglus, Municipal Engineer Joe Dietrick and Municipal Planner Allen Cohen. MAYOR BROOKS WELCOMES THE FRANKLIN AREA SWIM TEAM Mayor Brooks welcomed two representatives of the Franklin Area Swim Team, Kris Kunkle and Staci Eiben, who said the group has been in existence for 44 years, is part of the Allegheny Mountain Swim Association and, in fact, is the largest group in the Pittsburgh region with over 170 young people involved. In addition to competitive swimming, the group provides swim lessons. For the first time, some swimmers will be going to the national showcase in Florida. In order to help with funding that trip, as well as other planned trips, the group will be holding a swim-a-thon on February 13. Mayor Brooks thanked the FAST group for all they do for the youth of the community and commended Ed Eyles for starting FAST and his family for continuing to work with the group. PRESENTATION BY RPC VIDEO: WIRELESS CAMERA SYSTEM FOR CHANNEL 19 Mr. Morrison said there are two components of the system: the upgrade of all equipment in the video room, as well as that in Council chambers. The equipment in both rooms is old and parts for some of the equipment are no longer available. Craig Card from RPC Video, which is a commercial audio-visual integrator, told Council that the company built the existing system in 1996. He said for the system to run relatively trouble-free for 20 years is not the norm; the average life expectancy for a broadcast system is around 8 years. After working with Mr. Morrison and Mike Hiler on a needs analysis, the system was divided into two pieces: the actual broadcast system, which actually gets the Municipality’s content onto Channel 19 (the current equipment is standard definition); and the Council Chambers system. Mr. Card discussed the project implementation, scope of work, equipment, staff training and warranty in detail (Council was presented with copies of the proposals). He suggested replacing the equipment with high definition equipment/converters so that, when needed, it will be a matter of just making a few minor software adjustments and not replacing equipment. He noted that, unlike some other systems, there is no annual renewal fee to keep the systems operating properly. Mr. Morrison mentioned that the Planning Commission members commented that, when looking at detailed plans, they might want to call up GoogleEarth or another internet-based program to help support the presentation of the application. That can be done with this system. Mr. Card said with the new system, anything that can be put up on a computer at the desk can be put up anywhere the operator chooses it to be. Mr. Card also said that his company proposes relocating the control system and moving the entire operation out of Council Chambers. Most systems have a control room outside of the room being used, thereby allowing the operators to talk to each other (if there is more than one) and they aren’t being heard by anyone in the meeting car 1/26/2016 Regular Voting Meeting – Wednesday, January 20, 2016 room. He said the system will have the same capabilities as the current system, but will be bigger, better, stronger, faster. Mr. Card said if putting this project out to bid, he wanted Council to know that all systems are not created equal. His company designed a system that is reliable, has longevity and is comparable to the system they designed for the Municipality in 1996. He said if it goes out to bid, Council should be very cognizant of what they get back and they should make sure that the equipment proposed is exactly the same (“apples to apples”). He said that camera choice and audio processing are critical and Council needs to make sure that those are designed well. Mr. Morrison explained that the Municipality wants value and quality equipment that’s going to last. He said the work done 20 years ago in the IT office and Council Chambers cost approximately $68,000; the current proposal is in the $120,000 range. Mr. Card was asked to identify equipment that could be competitively bid, since the project would have to go through a bidding process; it should be quality equipment and have the ability to be sent out in the competitive process. He said staff is comfortable that a quality, high-value product has been identified to accomplish what is needed. There were a few questions from the Mayor and Council about the displays and whether two signals can be displayed on different screens. Mr. Card said that is possible and that a computer signal could be on one screen, camera one showing on another screen, and camera two on a third screen. He said the system can also show split screens, lower thirds, graphics, picture/picture and has capabilities to do far greater things than what the current system can do. Mrs. Kearns questioned the proposed 80” T.V. monitors and thought they would take up too much room on the wall and limit the use of the white boards for other displays. Mr. Card said that size is actually a bit small for the size of the room, but chose that size based on price. Ms. Lee said that Planning Commission members had discussed having a smart board in the room and asked if that would be a consideration in place of one of the monitors. Mr. Card said the manufacturer that makes the 80” displays can also make an 80” touch and they will look exactly the same. Ms. Lee asked if training is included in the proposal and was told that the company will do training for both the broadcast team and the users and will come back and train new people if new people become involved. Mayor Brooks suggested that the School Board members should be made aware of the new proposed system to make sure that it will accomplish what the Board members wish to do. Mr. Perry asked why RPC recommended an HD system and why a standard definition system couldn’t be installed and then upgraded to HD when it becomes available. Mr. Card said he hopes that this system will be utilized for 10+ years and he believes the change to high definition will occur within those ten years. A standard definition system could probably be installed for close to half the cost, but that system will have to be thrown away when going to a high definition system because it won’t be compatible. With the proposed hybrid system, all capture can be HD and output will be standard definition and when the channel upgrade occurs, the company representative can change the output from standard to high definition. There was discussion on the cameras and whether they needed to be replaced now. Mr. Perry questioned the need to upgrade to HD at this time if Comcast isn’t going to change to that system for several years. Mr. Morrison said he would contact Comcast to determine if they have any planning schedule. Mr. Card said his company works with some public education/government channels and that some have already made the switch, but the majority are still using car 1/26/2016 Regular Voting Meeting – Wednesday, January 20, 2016 standard definition systems. Mr. Card explained the set-up to be used in the IT/broadcast room and said that the proposed system is a very well-built system for the money. Mr. Morrison said that if Council is comfortable with the presentation, the next step in the process would be to develop a competitive specification to invite multiple bidders to bid on the project and proceed with requesting bids. Mr. Card suggested that the bid request be very specific as to the type of equipment and specifically state that substitutes will not be accepted. There was no further discussion on this matter. PUBLIC HEARING Public Hearing on Z-2-2015, Diadon, LLC, Rezoning Request from Mixed Use (MU) to Business (B), 4806 William Penn Highway and 4801 William Penn Highway, Tax Parcels – 49-14-08-0-019 and 49-14-08-0-020. Due to the weather conditions, the stenographer was not able to attend the hearing. Mr. Morrison recommended that the Public Hearing be rescheduled to the next meeting; however, since representatives were present, the request will be discussed under Workshop Items. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Move Item No. 19 – Executive Session – prior to Item No. 13 – Council Action Items; add Item No. 19B – Executive Session – Real Estate Issue. Mr. Kepler moved to approve the agenda as amended. Mr. Perry seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: 4A. ACCOUNTS PAYABLE 4B. INVESTMENTS AND TRANSFERS 4C. DECEMBER 16, 2015 MEETING MINUTES TO BE APPROVED 4D. JANUARY 4, 2016 MEETING MINUTES TO BE APPROVED Mr. Kepler moved to approve the Consent Calendar Items. Ms. Lee seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Al Lardo of 3950 Hudson Lane owns ten acres of land zoned R-3 on which he previously put sewage and pump systems. He gave the Meritage Group a right-of-way through his property in exchange for sewage. Mr. Lardo has a proposal for a six-lot subdivision and would have to go through Heritage Park to tie in the storm drains. He presented a map showing the proposed storm sewer easement. Mr. Morrison gave some background information on Mr. Lardo’s request and noted that because the requested easement will go through a Municipal car 1/26/2016 Regular Voting Meeting – Wednesday, January 20, 2016 park, Orphans’ Court will have to be involved; that process would have costs associated with it. Municipal Engineer Joe Dietrick suggested that Mr. Lardo approach Council to see if there would be an interest in considering a granting of the easement through park property prior to any actions that may have to be taken to get the process started through the Court. Mr. Dietrick said he has been to the site and, from an engineering standpoint, he finds no problem with the proposal. He continued by saying that any development that Mr. Lardo would create would have to meet the Municipality’s storm water management ordinance but he doesn’t believe there will be any problems. Solicitor Kotjarapoglus asked Mr. Dietrick if there would be any improvement to the Municipality’s property with the installation of the storm water line. Mr. Dietrick said there would not. The Solicitor then asked if it could be developed in a way that might make it easier for the Orphans’ Court to approve it. Mr. Dietrick said he could not envision it since it is simply a gravity system going through the property and the Municipality’s property is lower than Mr. Lardo’s property. Mr. Kotjarapoglus asked if it could become part of the trail system and Mr. Dietrick said it could. There were no questions from Council. Mr. Morrison suggested that this issue be brought back to the next meeting for workshop discussion to determine if Council would consider going forward with this as part of the subdivision process and acknowledgement and support of the storm water easement process through Orphans’ Court. This item will be discussed at the first Council meeting in February. WORKSHOP ITEMS ENGINEERING: 9A. DISCUSSION PERTAINING TO THE PROPOSED ORDINANCE NO. 942-16, REVISIONS TO THE STORMWATER MANAGEMENT ORDINANCE (CHAPTER 198 OF THE MURRYSVILLE CODE). Municipal Engineer Joe Dietrick presented the storm water release rate map, which was an outcome of the Act 167 Plan that was prepared for Turtle Creek around 1990. Murrysville adopted portions of that Plan, which is the only Act 167 Plan approved in Westmoreland County. Mr. Dietrick said the Conservation District is in the process of developing a new Act 167 Plan for the entire County, so there is a possibility that the current map will change in the future. At Mr. Morrison’s request, Mr. Dietrick gave a brief summary of what the release rates are and what they mean. Mr. Dietrick explained that the proposed revisions were first submitted to the EAC and then to the Planning Commission. In order to make sure the revisions were made as best as they could, other areas were referenced, such as California, North Dakota, Maryland, Ohio, Georgia, Virginia, and other areas in Pennsylvania. He then gave a brief history of storm water and compared run-off over time in forests and parking lots. He said the goal of Murrysville’s storm water management is to achieve a hydrograph for development that doesn’t increase the rate or volume of run-off. He then discussed the proposed revisions to the ordinance and the reasons for those revisions. Mr. Dietrick also discussed pervious pavement and noted several references used in drafting the proposed revisions to the ordinance. He noted other BMPs (Best Management Practices) for all developments not qualifying for Water Quality Volume Retention, which included (partial list) bioretention area/rain garden, car 1/26/2016 Regular Voting Meeting – Wednesday, January 20, 2016 pervious pavement and water quality inlets. He spoke about criteria for underground systems, criteria for redevelopment, preparation of as-built drawings, and storm water plan requirements. Mr. Perry said that Mr. Dietrick had mentioned at a previous time that the pervious pavement had to be maintained/pressure washed so that it didn’t clog up and asked if there is a maintenance requirement in the ordinance. Mr. Dietrick said there is and noted that no matter what kind of structure, road, etc. is built, it has to be maintained. Mr. Morrison said an example of pervious pavement is at the Miracle Field, as well as a rain garden. There was no additional discussion on this item. COMMUNITY DEVELOPMENT: 10A. DISCUSSION ON Z-2-2015, DIADON, LLC, REZONING REQUEST FROM MIXED USE (MU) TO BUSINESS (B), 4806 WILLIAM PENN HIGHWAY AND 4801 WILLIAM PENN HIGHWAY, TAX PARCELS – 49-14-08-0-019 AND 49-14- 08-0-020. Municipal Planner Allen Cohen gave an introduction/overview of the request made by the applicant and said the discussion should not be about the site plan/proposal, but rather zoning, i.e., should the property be re-zoned to what is being requested and how does that fit into the comprehensive plan and surrounding property for good sound planning practices? The applicant proposes a small shopping center and restaurant on the property, which is zoned MU. The property is located between William Penn and Old William Penn Highways, to the west of the AutoZone site. The AutoZone site is zoned Business, as is the Rite-Aid and other properties to the south of the site, while the property in question is zoned MU, as are all the properties going west to School Road. Restaurants are a permitted use in MU, but not in B. After with discussions with staff, Mr. Cohen prepared a report for the Planning Commission in which he concluded that the rezoning of the property would be in accordance with the Comprehensive Plan and would not be interfering with the enjoyment of the surrounding properties. As a sidebar, it was suggested that Council seriously examine whether the other properties going westward from the site should also be rezoned to B given the frontage on Route 22. The applicant also proposes combining the two properties into one parcel zoned B. Mrs. Kearns clarified that restaurants are a permitted in the B district, but not in Mixed Use. DeNardo Pasquarelli, 1300 White Oak Ct., N. Huntingdon, the applicant/owner of the property, explained his plan for the development of the property. He proposes a strip mall of approximately 9,000 sf with a restaurant of about 3,300 sf. Mrs. Kearns said that, when the traffic impact study was done, it was made very clear that there are problem intersections. She looks at this request as asking Council to approve a use that will have a much higher traffic volume than there would be with just small retail stores. She said people traveling east on Route 22 would have to turn on either Cline Hollow or Tarr Hollow Road and then traverse old William Penn to access the property, further impacting three of the already-compromised intersections, which she views as a serious concern. Mr. Cohen said that because restaurants have the highest ratio of parking requirements and retail has a lesser ratio of requirement, a shopping plaza in MU could actually have more square footage than a restaurant car 1/26/2016 Regular Voting Meeting – Wednesday, January 20, 2016 because there are less parking requirements. Vehicle trips are based on square footage and use; different uses have different traffic generation based on square footage, number of seats and peak period use. A larger building of just retail can generate more or equal amount of trips because there is a greater footprint allowance and less parking required; trip generation is a function of size, so more size of retail would generate as many trips as a smaller restaurant. Mr. Pasquarelli was asked about the number of seats proposed for the restaurant (70) and the number of employees (25). There were no additional questions; this item will be rescheduled for a public hearing at a later date. 10B. DISCUSSION OF A PROPOSED REVISION TO SP-6-2014, MURRYSVILLE RACQUET CLUB SITE AND RELEASE OF BOND. Allen Cohen presented some background on the plan, which was approved in 2014. During construction, the developer made certain changes in the plan, which changes were represented to Council in their packets as the as-built site plan. The developer/applicant has requested that the changes be accepted because, in order to release the bond, the plan has to be built according to the approved plan. The only way the bond can be released is for Council to accept the changes. The changes meet the zoning and development requirements but are different than the approved plan, so it’s up to Council to determine whether the changes are acceptable so the project can proceed with the request for bond release. Arshad Hafeez, the owner/developer of the site, discussed the landscaping changes, parking area with new island, moving of the drop-off area and changing of the handicap parking area. He said some of the changes were made for practicality and safety purposes. Mr. Perry said he wants to look at the site, but questioned moving the handicap parking area as a “safety move.” On the original plan, there was significantly better sight distance for vehicles and the change doesn’t provide for very good sight distance. Council members were in agreement that they want to look at the site and bring this up at a future meeting. 10C. 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. Chief Administrator Jim Morrison reminded Council that the idea of putting together educational sessions was brought to Council in late 2015. Since there are new members on Council, staff felt it would be worthwhile to bring this idea back to see what kind of format the sessions would take. The Dept. of Environmental Protection is now in the process of rulemaking as a result of Act 13 and Supreme Court decisions; staff felt it would be best to invite a DEP representative to discuss the rulemaking and recommendations that they included as part of the process. car 1/26/2016 Regular Voting Meeting – Wednesday, January 20, 2016 Allen Cohen discussed the process that has transpired to date (sending the proposed draft to both the Planning Commission and West. Co. Dept. of Planning for required comments). No public hearing can be scheduled or action can be taken until 45 days have elapsed. That time period has passed and, technically, Council can schedule a public hearing on the ordinance, or wait before scheduling a public hearing and continue work on the ordinance. Council needs to give staff direction on how to proceed from this point. Ms. Lee asked what form the educational forums would take. Mr. Morrison said an individual has been identified who would facilitate the sessions. The education sessions would focus on 3 general areas: (1) legal and land use permitting issues; (2) environmental impact/health & safety issues; and (3) best management practices. A separate session would be held with the DEP representative. There was discussion among the Council members regarding best management practices. Joe Dietrick advised that, regarding best management practices, the Conservation District has already developed some for various site situations and hope to get that information out to the industry. He suggested that the group would be good to partner with on that aspect of the presentations. It was the general consensus of Council that they would like to have the educational sessions before a public hearing or any action on the proposed ordinance. Mr. Morrison said staff will engage a facilitator and put the word out to prospective participants and request names for the panel. A site for the sessions will be determined at a later date. Council adjourned to an Executive Session at 9:10 p.m. to discuss a Personnel Issue and a Real Estate Issue. Council reconvened at 9:30 p.m., with no action expected to come out of the session. COUNCIL - ACTION ITEMS ADMINISTRATION: 14A. CONSIDER RESOLUTION NO. 659-16, APPOINTING DIANE HEMING, DIRECTOR OF FINANCE AND TAXATION, AND JAMES R. MORRISON, CHIEF ADMINISTRATOR, AS THE PRIMARY AND ALTERNATE DELEGATES, RESPECTIVELY, TO THE TAX COLLECTION COMMITTEE AND REMOVING FORMER COUNCIL MEMBER DENNIS PAVLIK AS A DELEGATE FOR THE MUNICIPALITY OF MURRYSVILLE. Ms. Lee moved to approve the appointments and removing Mr. Pavlik. Mr. Kepler seconded. Upon a roll call vote: Mrs. Kearns – yes, Ms. Lee – yes, Mr. Perry – yes, Mr. Kepler – yes, Mr. Spadaro – yes. Motion approved. 14B. CONSIDER A MOTION TO DIRECT THE SOLICITOR TO DEVELOP AN ORDINANCE AND AN AGREEMENT ESTABLISHING A $100,000 PURCHASE MONEY AGREEMENT BETWEEN THE MURRYSVILLE ECONOMIC AND COMMUNITY DEVELOPMENT CORPORATION AND THE MUNICIPALITY OF MURRYSVILLE FOR THE ACQUISITION OF A PARCEL OF GROIUND, TAX MAP. NO. 49-14-01-0-039, KNOWN AS THE FOSTER PARCEL, LOCATED AT ROUTE 22 AND TRAFFORD ROAD. Ms. Lee moved to table this item. Mr. Kepler seconded. All present voted aye. Motion approved. car 1/26/2016 Regular Voting Meeting – Wednesday, January 20, 2016 14C. CONSIDER APPOINTMENTS TO THE BOARDS, COMMISSIONS AND COMMITTEES. EAC – two vacancies – three-year terms. Mr. Kepler nominated Alan Halperin; Ms. Lee nominated Gary Siegel. All present voted aye for both appointments. Library Board – two vacancies – three-year terms. Mr. Kepler nominated Richard Kacin; Mrs. Kearns nominated Janet Swearingen; Mr. Perry nominated Marcy Brown. Ms. Lee voted for Mr. Kacin and Ms. Brown Mr. Spadaro voted for Ms. Brown and Ms. Swearingen Mr. Perry voted for Mr. Kacin and Ms. Brown Mr. Kepler voted for Mr. Kacin and Ms. Brown All present voted aye for Ms. Brown and Mr. Kacin Parks & Recreation – two vacancies – one three-year term/one term until 12/31/16 and FRSD liaison for one- year term. Mr. Kepler nominated Herb Yingling as the FRSD liaison; Mr. Spadaro seconded. All present voted aye. Mr. Kepler nominated David Farmer. Mr. Spadaro nominated Scott Kelsey; Ms. Lee nominated Barbara Prosdocino. Ms. Lee voted for Mr. Kelsey for a 3-year term and Ms. Prosdocino for a 1-year term. Mr. Spadaro voted for Mr. Kelsey for a 3-year term and Ms. Prosdocino for a 1-year term. Mr. Perry voted for Mr. Kelsey for a 3-year term and Mr. Farmer for a 1-year term. Mr. Kepler voted for Mr. Kelsey for a 3-year term and Mr. Farmer for a 1-year term. Since Mr. Farmer and Ms. Prosdocino each had 2 votes, a second vote was taken for the 1-year appointment. Ms. Lee, Mr. Spadaro and Mrs. Kearns voted for Ms. Prosdocino; Mr. Perry and Mr. Kepler voted for Mr. Farmer. Mr. Kelsey was appointed for a 3-year term and Ms. Prosdocino to a 1-year term. Personnel – two vacancies – one three-year term/one term until 12/31/16. Ms. Lee nominated Rege Synan; Mr. Spadaro nominated Len DiNaples; Mr. Kepler nominated William Kratzenberg. Ms. Lee voted for Mr. Synan for a 3-year term and Mr. Kratzenberg for a 1-year term. Mr. Spadaro voted for Mr. Synan for a 3-year term and Mr. DiNaples for a 2-year term. Mr. Perry voted for Mr. Synan for a 3-year term and Mr. Kratzenberg for a 1-year term. Mr. Kepler voted for Mr. Synan for a 3-year term and Mr. Kratzenberg for a 1-year term. Mrs. Kearns voted for Mr. Synan for a 3-year term and Mr. Kratzenberg for a 1-year term. Mr. Synan was appointed to a 3-year term and Mr. Kratzenberg to a 1-year term. car 1/26/2016 Regular Voting Meeting – Wednesday, January 20, 2016 Planning – two vacancies – one four-year term/one term until 12/31/18. Mr. Kepler nominated Jim Boyd for a 4-year term; Mr. Perry nominated Mrs. Hoy for a 2-year term; Mr. Spadaro nominated Zachary Kansler for a 4-year term; Ms. Lee nominated Ryan Lemke for a 2-year term; Mrs. Kearns nominated Kyle Beidler for a 4-year term. For the 2-year term, all Council members present voted for Jayne Hoy. NOTE: Mrs. Hoy’s term is actually a 3-year term – incorrectly noted as a 2-year term. For the 4-year term, Mr. Kepler and Mr. Perry voted for Mr. Boyd; Mr. Spadaro, Ms. Lee and Mrs. Kearns voted for Mr. Kansler. Since neither candidate had the required 4 votes, the 4-year term appointment is delayed until the next Council meeting. Traffic Impact – Ms. Lee nominated Kevin White (Sue Reese-Hartzell was appointed at the 1/4/16 meeting, leaving one vacancy). All present voted aye for Mr. White’s appointment. ZHB – one vacancy – five-year term. Mr. Kepler nominated Pati Lindauer Wolinsky. All present voted aye for Ms. Wolinsky’s appointment. 14D. CONSIDER COUNCIL LIAISON APPOINTMENTS TO THE BOARDS, COMMISSIONS AND COMMITTEES. Council President commended the Council members for agreeing to stay in their current positions: Emergency Services – as necessary – Josh Lorenz and Joan Kearns FTMSA – Dave Perry Library/Pension/Finance – Jamie Lee EAC – Jeff Kepler Planning – Tony Spadaro Parks & Recreation – Joshua Lorenz Personnel – as needed -- Joan Kearns Mrs. Kearns will also fill in for any Council person who is unable to attend a meeting. 13E. CONSIDER RESOLUTION NO. 658-16, A RESOLUTION AFFIRMING ZONING HEARING BOARD APPOINTMENT(S). Mr. Kepler moved to approve Resolution 658-16 affirming the appointment of Pati Lindauer Wolinsky. Ms. Lee seconded. All present voted aye. Motion approved. OLD BUSINESS: None. NEW BUSINESS: None. car 1/26/2016 Regular Voting Meeting – Wednesday, January 20, 2016 EXECUTIVE SESSION: Held earlier in the meeting. ACTION ITEMS: None. ADJOURNMENT: Ms. Lee moved to adjourn. Mr. Spadaro seconded. All present voted aye. Motion approved. The Council Meeting concluded at 9:50 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 1/26/2016