Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, June 22, 2016 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, June 22, 2016 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Loren Kase, Tony Spadaro, Joan Kearns, Josh Lorenz, David Perry, and Jamie Lee. Councilman Jeffery Kepler was not in attendance. Also present were Chief Administrator James Morrison, Solicitor George Kotjarapoglus, Municipal Planner Allen Cohen, Recreation Director Carly Greene and Municipal Engineer Joe Dietrick. PUBLIC HEARING A Public Hearing began at 7:00 p.m. on CU-1-16, Conditional Use, a site plan rebuild, Intersection of U.S. 22 and School Road, application for a Conditional Use for a rebuild of a Convenience Store/Gasoline Station. James McCormick, the attorney representing Sheetz on this project, addressed Council and gave a summary of the property location, lot size, zoning district, owner of property (Steico, Inc.). He explained that Sheetz desires to rebuild the existing facility because the company considers it to be functionally obsolete (the building and equipment have aged and the building is smaller than others). The new building will have 7,175 square feet; the multi-pump fuel dispensers will be replaced; both indoor and outdoor seating will be available. Because the property is in the B district and the proposed building is to be used as a gas station/convenience store, the application requires conditional use approval. Mr. McCormick cited the specific section of the zoning ordinance listing the general provisions for conditional use and said Sheetz will comply with all of those general provisions. He also cited the section of the ordinance dealing with the specific or express criteria for a gas station/convenience store and again stated that Sheetz will comply with all of those criteria. The matter was before the Planning Commission, which held a public hearing on the conditional use application. Following the hearing, the Commission recommended approval of the application. Mr. McCormick presented Robert J. Franks, Jr., the Engineering/Permit Manager for Sheetz, as a witness. Mr. McCormick questioned Mr. Franks on his position, length of service with Sheetz, Inc., responsibilities, and type of business conducted by Sheetz. Mr. Franks said there are 520 stores in 6 states and the company’s headquarters is in Altoona, PA. Mr. McCormick asked additional questions regarding Mr. Franks’ knowledge of the site and plans for the new building and noted that the firm of Freeland and Kauffman designed the store and submitted development plans to the Municipality. Mr. McCormick submitted Exhibit 1, depicting the proposed store, car wash and landscaping. Mr. Franks explained that the store will be in the same general location as the existing store and will have indoor and outdoor seating, a larger kitchen and better food offerings. There will be six gas islands with a gas canopy over the top, although there will not be a canopy connecting the gas canopy with the store. Mr. Franks gave information on replacing the car wash, which will be the same size as the existing car wash but with updated exterior and new equipment. He discussed the material to be used for the parking area, the entrances from School Road and William Penn Highway, parking spaces and landscaping. car 7/12/2016 Regular Voting Meeting – Wednesday, June 22, 2016 Exhibits 2 & 3 were prepared by the store design department of Sheetz, Inc. Exhibit 1 shows the exterior walls of the front elevation facing Route 22 and right side elevation facing School Road. Exhibit 3 shows the rear of the building (facing the car wash) and left side facing the bank. Mr. McCormick then asked Mr. Franks several questions regarding his knowledge of the conditional use criteria (both general and express) as cited in the Municipal Zoning Ordinance and asked if Sheetz intended to comply with all criteria. Mr. Franks said Sheetz will comply. Mr. Franks stated, upon questioning, that he appeared before the Planning Commission at its recent meeting and, after reviewing the conditional use and land development applications, recommended Council’s approval. Mr. Franks confirmed that no zoning variances will be requested for the new facility, although a modification was requested regarding the glazing requirement on the side of the building facing the bank. Mr. Perry asked about the construction materials to be used on the car wash and was told the car wash is a prefabricated building which will then have the same material on the outside as the main facility. Mr. Perry also asked if the windows on the car wash were false; Mr. Franks said they are real windows and you can see into the facility. Mr. Lorenz asked if any consideration was given to adding faux glazing. Mr. Franks said some of the windows will be faux, including those on the School Road side and rear of the building. He also said the proposed store will be very similar to the recently-opened store in Monroeville. Mrs. Kearns said faux glazing would be recommended on the side of the building facing the bank, rather than a blank wall. She also said the entrance/exit on School Road is steep and narrow (trucks run over the corners) and asked if there are plans to widen that area. Mr. Franks said the entry will be regraded; however, the radius on the entrances is not going to be changed. Mrs. Kearns suggested they widen the area because trucks are cutting the corner and taking out landscaping. Mr. Franks said the radius can be changed or altered inside Sheetz’s right-of-way. Mr. Morrison asked if changing the opening would require a highway occupancy permit. Mr. Franks said it would if the highway opening in PennDOT’s right-of-way was changed, but the opening would be changed within Sheetz’s right-of-way and PennDOT’s right-of-way would stay the same. Mrs. Kearns asked how Sheetz would regulate or control drivers pumping gas and leaving their car at the pump while going inside to eat, especially since the number of pumps is being decreased. Mr. Franks said Sheetz has been fortunate in its stores that have seating not to have issues with people leaving cars at the pump while going in to eat. Mrs. Kearns noted that the bulk of the parking is along School Road South and asked how much parking is around the main building. Mr. Franks said there are 12 stalls along the front (Route 22 side), and more around the side and back – a total of 30 around the face of the building. Brian Dinges, Real Estate Site Selector for Sheetz, said typically, people park at the pumps because of a lack of other good parking around the facility. With this design, he said there is much better parking around the facility and on the entirety of the site and he doesn’t see this as a problem. People usually take the path of least resistance and will move from the pump to the store when they are done pumping. Mr. Kase said he travels a lot and frequents Sheetz and has found that, with the newer design and lay-out, it is rare that he has come across an issue with having people “camp out” at the pumps. car 7/12/2016 Regular Voting Meeting – Wednesday, June 22, 2016 Mr. Morrison asked if there was customer access in the rear of the building and was told there is an entrance directly across for the parking area in the rear. Mr. Morrison also said he found it interesting that the main building doesn’t meet the glazing requirements, but the car wash does, and to clarify Mr. Lorenz’s comments, noted that the building is 20% on three sides – not in total – but combined with the car wash it is in excess of 20%. In other words, the total site including both buildings is in excess of 20%. Mr. Franks agreed with Mrs. Kearns that glazing will be added on the fourth side of the main building with faux windows. Mr. Kase commented that the exit from the site onto Route 22 east has visibility problems and asked if the proposed grading will eliminate that. Mr. Franks said the landscaping will be completely redone and there are plans to widen the curbs. Mrs. Kearns asked Mr. Cohen if the interior seating was taken into consideration when calculating the required parking spaces. Mr. Cohen said there were three separate parking calculations: one for the gasoline station, one for the retail side of the convenience store, and a third for both the inside and outside dining areas. There were no further questions from Council. Christopher Miller of 3402 LeShan Drive asked about the number of interior seats proposed (30) and also, with the recent change in the liquor code, asked if Sheetz would be trying to acquire a liquor license in the future to sell to-go packaging of alcohol. Mr. Franks said yes. Mr. Miller said he didn’t know if that would be a concern for anyone, especially being in close proximity to the school. Mr. Morrison asked if Sheetz currently has beer sales in any other stores and was told it does. Mr. Morrison asked for an explanation as to how that is managed. Mr. Franks said there are stores in other states, as well as a handful in Pennsylvania, that are set up as restaurants. There are separate check-out areas for convenience items and the restaurant; beer can’t be purchased at the “convenience” side of the building. He said that, based on the selling of the product in other states, Sheetz has a complete training program for all employees, which includes a lot of carding of individuals that look less than 25 years old. Mr. Spadaro noted that there are other places closer to the school than Sheetz that sell liquor. Mr. Miller said that young people will usually frequent those locations with a parent or other adult, while they would go into Sheetz after school with friends, not necessarily their parents. Thomas Peretic of 6525 Italy Road asked about the amount of fuel stored at Sheetz (approximately 40,000 gallons) and the set-back from neighbors’ property (25 feet). Mr. Morrison asked how many diesel pumps would be at the location; Mr. Franks said there would be 4 pumps for auto diesel fuel. Mr. Perry noted that the set-back for the storage tanks is established by the State Fire Marshall, which is administered under the State Police, and he doesn’t believe Murrysville can vary those set-backs. There being no further questions or discussion, the Public Hearing was closed at 7:45 p.m. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Move Item 16A (Bench Donation) to above Item 15C (16A becomes 15C); Add an Executive Session (Legal Issue) after the new 15C (this item becomes 15D); car 7/12/2016 Regular Voting Meeting – Wednesday, June 22, 2016 Original Item 15C (Crowfoot Road Bridge) becomes 15E; Remove Item 19 – Executive Session. Mr. Spadaro moved to approve the agenda as amended. Ms. Lee seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS C. MAY 18, 2016 MEETING MINUTES TO BE APPROVED Mr. Lorenz moved to approve the Consent Calendar items. Mr. Kase seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Sam Staymates of 4525 Round Top Road asked Council to support an ordinance that is fair to drilling and probably right for the Township. He doesn’t want Murrysville to get into the same situation as Penn Township and end up in court with the taxpayers paying the bill. Rev. Thomas Peretic of 6525 Italy Road mentioned Council’s intent to increase the setback for drilling beyond the state minimum. He had previously questioned the Sheetz representative about the distance from property lines required to store fuel and said he found it interesting that 40,000 gallons of fuel can be stored 25 feet from the neighbor’s property. Rev. Peretic said it appears that Council is giving more consideration to residents that live in areas where there will be no drilling and asked that consideration be given to the rights of those in the oil and gas recovery zone. He also requested that Council not increase the setbacks any further than the state mandate. Frank Amato of 4303 Michel Court, a member of the Les Chateaux Housing Association Board, thanked Council and staff for presenting education sessions regarding Marcellus Shale drilling. He referenced the Municipal and school taxes paid by the residents of Les Chateaux and noted several issues associated with Marcellus Shale drilling (i.e. noise, light, dirt, carcinogenic emissions, and potential for earthquakes). Mr. Amato didn’t finish his presentation before his time was up but left a written copy, which is on file at the Municipal office. Norman Franke of 4816 Sardis Road said there have been 9,000 wells drilled in Pennsylvania with very few concerns. He said Murrysville should follow the new Chapter 78 regulations and not add additional requirements; also, the setback should be maintained at 500 feet, which is consistent with PA Act 13. car 7/12/2016 Regular Voting Meeting – Wednesday, June 22, 2016 WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 11A. DISCUSSION OF CU-1-16, CONDITIONAL USE, A SITE PLAN REBUILD, INTERSECTION OF U.S. 22 AND SCHOOL ROAD, APPLICATION FOR A CONDITIONAL USE FOR A REBUILD OF A CONVENIENCE STORE/GASOLINE STATION AT THE INTERSECTION OF U.S. 22 AND SCHOOL ROAD, SHEETZ. 11B. DISCUSSION OF SP-3-16, SHEETZ REBUILD, LAND DEVELOPMENT, CONVENIENCE STORE/GASOLINE STATION AT THE INTERSECTION OF U.S. 22 AND SCHOOL ROAD, SHEETZ. Items 11A and 11B were discussed together. Municipal Planner Allen Cohen explained that a lot of information had been provided at the Public Hearing and wanted to update Council on where the application stands in order to be ready for a vote at the next meeting. He noted that a condition is that all issues in the Markosky review letter need to be addressed prior to approval of the plan. He advised that a revised plan has been submitted to the Municipality and is currently being reviewed by the Municipal Engineer; however, preliminary indications are that all of the issues have been addressed. Mr. Cohen said the curb along Route 22 will not be widened, only the area inside the site and, therefore a PennDOT HOP will not be needed, provided PennDOT has no other comments on the changes. The request for modification of the glazing requirement on the east side of the building has been discussed and resolved. Subject to the final review of the submitted revisions, this request will be ready for consideration by Council at the July 6 meeting. Attorney McCormick advised Council that the applicant is going to withdraw its request for modification and will agree to install the faux windows on the east side of the building. There was no further discussion on this matter. 11C. DISCUSSION OF SP-2-16, CONLEY AUTOMOTIVE SERVICE, 5800 WILLIAM PENN HIGHWAY, ACROSS FROM MANORDALE FARMS. Bruce Conley, the applicant, explained his intent to build a 1,600 sf automotive facility and acknowledged that he has made numerous revisions to the plan to comply with Council’s requests. Mr. Conley said it was mentioned that there were some concerns about the lighting affecting the Manordale Farms residents so he had the elevation done on his site; his site is 1,173 feet and Manordale Farms is 1,218 feet, making Manordale Farms at 45’ higher elevation. Also, the top of his light posts are still at 20’ lower elevation than across the road. Bill Roth, of Pennsylvania Soil & Rock, told Council that the distance from the face of the building to the houses is approximately 450 feet and doesn’t feel the homes will be affected. Also, staff has reported that all the pertinent engineering and zoning issues have been addressed. Mr. Roth said the building meets the ordinance and he believes it will be an asset to the community. Jeff Schroeder, the architect on the project, reinforced Mr. Conley comments and said that some features have been added to the building to try to make it an exceptional structure for the use of the building. He explained car 7/12/2016 Regular Voting Meeting – Wednesday, June 22, 2016 the structure, façade, and materials used on the building. He said the applicant is requesting a waiver for the use of vertical siding on the sides of the building. The landscaping and location of the building in relation to Route 22 does not present a significant view of the sides and back of the building. The applicant is also requesting a variance for the amount of glazing; there is the required 20% glazing on the front of the building, as well as the 30’ on the right side. The glazing requirement falls short on the sides and rear of the facility, but those areas of the building are not completely visible and, therefore, the waiver is requested. Ms. Lee voiced concerns about the potential future visibility of the building and commented on the problems with buildings in South Murrysville and the trail now going through that will have a lot of people passing by and seeing those buildings. She didn’t want to lower the standards for one building not knowing what businesses or structures might be erected in that area in the future, which might change the visibility of Mr. Conley’s building. Mr. Conley said is basically physically impossible for any other structures to be built on the property. He said additional landscaping was added to the plan, at the request of the Planning Commission. There was discussion on the type of tree to be planted and it was suggested that a different type of evergreen be considered to avoid problems with deer. Mr. Morrison suggested an evergreen, rather than a red oak, might be more acceptable. There was additional discussion on the glazing, the stacks, DEP and ADA permits. Mr. Cohen mentioned several items to be considered before this comes up for vote at the next meeting, including the request for modification, the condition that there will be no outside storage of any vehicles other than those in the fenced area in the rear of the building and the traffic impact fee. Mr. Cohen also mentioned that the plan calls for recycled asphalt, which is not permitted. Mr. Conley explained that he is using it in the rear of the building because no one is permitted behind the building. Impervious is used in the front, which meets the criteria. Municipal Engineer, Joe Dietrick, confirmed that Murrysville’s ordinance requires concrete, pervious or asphalt, not millings. There was no further discussion; this item will be on the July 6 meeting for a vote. 11D. DISCUSSION OF POTENTIAL REVISIONS TO DRAFT ORDINANCE NO. 930-15, AN ORDINANCE AMENDING THE ZONING ORDINANCE REGULATING OIL AND GAS DRILLING. Municipal Planner Allen Cohen explained that this process has been going on for about six years and it has come a long way since it started. He noted that staff discussed the education sessions, industry operations and practices, DEP’s role and enforcement abilities, and environmental safety impacts of operations. To that end, staff developed a punch list and identified areas in the ordinance that needed to be addressed based upon what was learned in the sessions. Sections were added in the ordinance that specifically state that any section of the ordinance dealing with the operations of a facility are under the jurisdiction of PA DEP, the Oil & Gas Act and 78a as enacted. The ordinance also states that the PA DEP is the authority having direct jurisdiction over the operations of the oil & gas facility, as opposed to the zoning issues, which are under the Municipality’s domain – including setbacks. He explained the section relating to the required setbacks as they relate to site-specific situations and regulations on idling of trucks within the site. Requirements for compliance with ordinance provisions regarding sub-contractors will be added, as well as requirements for monitoring equipment on the site. Mr. Cohen explained that this report is phase one of the revisions and issues regarding best management practices will be discussed at the next meeting. car 7/12/2016 Regular Voting Meeting – Wednesday, June 22, 2016 Mr. Morrison said that, from staff’s perspective, the desired outcome is direction from Council as to what is good and what doesn’t work so that staff can continue to develop the ordinance. Staff plans to develop a spreadsheet with best management practices, which will become an appendix to the ordinance and must be referenced by the applicant at a condition use hearing. Staff believes it has brought the ordinance as far as it can and needs Council’s further direction. Mr. Kase asked if the section on idling of vehicles is necessary since it merely refers to the state regulations. Mr. Cohen said the ordinance will refer to the Act that controls the idling issue. Mr. Kase asked for clarification on the setback distance. Mr. Morrison said it’s a 250’ buffer beyond the disturbed area, plus the 550’, because it’s unknown where the well bore will be within the developed well pad site. Under the “Reasonable Conditions” section, Mr. Kase felt the wording leaves it open for the Municipality to potentially change anything. Mr. Cohen explained that the MPC allows Council to add reasonable conditions. Solicitor Kotjarapoglus added that the conditions would be based upon the facts in the application before Council; conditions just can’t be added wildly but must be linked back to the facts in the application. Mr. Kase had concerns that the rest of the ordinance is as specific as possible, but this is what he considers a gray area. In reply to Mr. Morrison and Mr. Kotkarapoglus’s comments, Mr. Lorenz said there has to be some rational factual basis in order to impose some sort of condition, not just because Council decides it wants to. The applicant, when faced with the condition, can either accept it or challenge it. Concerning the issue of best practices and the table format proposed, Mr. Lorenz said he would like to see the source material for the topics listed. Mr. Morrison said staff intends to provide a spreadsheet identifying the standards by topic and source. In the section regarding pre- and post-testing and monitoring requirements, Mr. Perry noted that the ordinance states that the applicant must analyze for several different constituents, yet no method for testing is referenced. Mr. Morrison said staff would welcome any suggested language changes. Ms. Lee, referencing Mr. Kase’s comments about setbacks, asked how the Municipality defines permanent structures. Mr. Morrison said that a protected structure is defined in the definition section of the ordinance as “any occupied structure with walls and a roof within which persons live or customarily work located within the defined setback area.” Ms. Lee noted she asked about “permanent” not “protected” structure and again asked for a definition. Mr. Cohen explained that a structure that may be there for a short amount of time would be considered a temporary structure. Regarding the Environmental Compliance Plan section, Ms. Lee noted that updated language has been included insuring that what the driller does is consistent with the Environmental Rights Amendment and asked what kinds of artifacts or evidence would be needed. Mr. Morrison said the intent was “in accordance with current case law,” not “constitutional provisions” and the language should be changed. Ms. Lee questioned how the regulation regarding idling of diesel powered vehicles limited to five minutes can be enforced, when the Diesel Powered Vehicle Idling Act allows for a total of 15 minutes when actively loading or unloading. Mr. Morrison said that is a DEP enforcement, not the Municipality’s responsibility. It is Ms. Lee’s understanding that the hours of operation exclude during drilling and fracking so, essentially, anything goes 24/7 while fracking is being done. Mr. Morrison said that is correct. Mr. Perry said that drilling and fracking are both distinct processes. Mr. Morrison said the intent of the statement is not to regulate, by hours, drilling or fracking but to regulate everything else between 7:00 a.m. and 9:00 p.m. car 7/12/2016 Regular Voting Meeting – Wednesday, June 22, 2016 Mrs. Kearns had problems with the definition of “oil and gas property.” Mr. Morrison said the intent is that it is (1) the rights to the sub-surface rights are leased or (2) company has control of surface rights. Mrs. Kearns clarified that the oil and gas company does not own the property. Mr. Morrison said that is correct; however, if property owners sign over sub-surface and surface, they are giving away certain rights, whether it is a renter, vacant property or permanent resident. Regarding the bunkhouse rules concerning firearms and liquor, she would like the company to provide copies of the rules to the Municipality so staff knows the regulations imposed on anyone staying at the facility. Mr. Kase commented on the section titled “Dust, Vibration, Odors” and said the words “annoying” and “annoyance” are very vague. Mr. Morrison asked Mr. Cohen if the language is what exists in the current zoning ordinance or if it was developed specifically for the oil and gas ordinance. Mr. Cohen will check on that prior to the next meeting. Mr. Perry questioned whether the barn on his property would be classified as a “protected structure” since he routinely works in that building. Mr. Morrison said the language in that section has been found repeatedly in a number of ordinances. This question is subjective and would be evaluated as part of the process. Mrs. Kearns urged all Council members to again review the document thoroughly and forward any questions or concerns to Mr. Morrison or Mr. Cohen. PUBLIC WORKS 12A. DISCUSSION ON MURRYSVILLE COMMUNITY PARK PHASE III PLANNING STUDY. Recreation Director Carly Greene explained that she and Bob Bell have met extensively with the Parks and Recreation Commission and Mr. Morrison to discuss moving forward with Phase III of the development of Murrysville Community Park. Phase II was presented with the Master Site Plan in 2006 and the majority of the proposed developments have been accomplished or are currently being completed. There is money in the CIP for a planning proposal; staff would like to solicit proposals from planning consulting firms for ideas on further developments at the park. Staff would like to get ideas on amenities that will serve the whole community, not just the sports teams currently using the park. Once a firm is selected, staff will present some ideas suggested by the Commission. Mr. Morrison said the Municipality has invested a large sum of money in the park over the past 5-6 years and he is very proud of the facility. He frequently visits the park to see how it is being used by the residents and has found that more people are using it regularly. He said the intent of a community park is to be all-inclusive and 315 acres is not to be used just for ball fields. Mrs. Kearns asked how much money is allocated for this. Ms. Greene said there is $10,000 in the CIP for the project plan; she was unsure of the amount set aside for the development, but said there are funds available for the next two years. Mr. Morrison said the intent of the study is to provide a budget for recommended actions and staff will plan accordingly. car 7/12/2016 Regular Voting Meeting – Wednesday, June 22, 2016 Mr. Morrison advised Council that the Franklin Regional Softball Association will be holding a softball tournament over the July 4th holiday. The tournament had 12 teams two years ago and will involve 45 teams this year. The fields at MCP, as well as fields in other parks in Murrysville, will be used. Mr. Kase said he has been attending the Commission meetings and the members have been thinking outside the box for ideas for the park – not just playgrounds and ball fields. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER EXONERATING MUNICIPAL REAL ESTATE PROPERTY TAXES FOR PARCEL NO. 49-10-10-0-102 FOR THE TAX YEARS 2002 TO 2005. THIS PARCEL IS THE “CRAWFORD REALTY LOT” LOCATED ON SARDIS ROAD. Ms. Lee moved to approve. Mr. Spadaro seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Ms. Lee – yes. Motion approved. 13B. CONSIDER APPROVAL OF ORDINANCE NO. 949-16, AN ORDINANCE AUTHORIZING THE GRANT OF AN EXCLUSIVE FRANCHISE TO THE LOWEST RESPONSIBLE BIDDER (REPUBLIC SERVICES) FOR THE COLLECTION OF RESIDENTIAL SOLID WASTE, RECYCLING COLLECTION, ELECTRONICS WASTE, HOUSEHOLD HAZARDOUS WASTE, AND DISPOSAL SERVICES, AND AWARD OF CONTRCT TO IT FOR SUCH PURPOSE. Mr. Lorenz moved to approve the award of a contract to Republic Services. Ms. Lee seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Ms. Lee – yes. Motion approved. Mrs. Kearns reminded everyone that the contract does not go into effect until October 1. 13C. CONSIDER AWARD OF CONTRACT FOR LANDSCAPING REVIEW SERVICES FOR COMMERCIAL DEVELOPMENT APPLICATIONS. Ms. Lee moved to approve Richard P. Rauso, Landscape Architects, as the landscape architect for the review of commercial site plans at the rate of $75 per hour. Mr. Perry seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Ms. Lee – yes. Motion approved. 13D. CONSIDER APPROVAL OF ORDINANCE NO. 950-16, AMENDMENT TO THE FEES ORDINANCE. Mr. Kase moved to approve the amendment to the fees ordinance to authorize the payment for a registered landscape architect from the developer’s review escrow account. Mr. Lorenz seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Ms. Lee – yes. Motion approved. car 7/12/2016 Regular Voting Meeting – Wednesday, June 22, 2016 13E. CONSIDER APPROVAL OF EMERGENCY SERVICES GRANT FOR THE PAYMENT OF PREEMPTION EQUIPMENT FOR EMERGENCY SERVICES VEHICLES. Mr. Spadaro moved to approve distribution of four grants to the emergency service providers for the purchase and installation of pre-emption equipment on the emergency services vehicles. The grant amounts are: Murrysville Fire Dept. - $2,500; White Valley Fire Dept. - $3,100; Sardis Vol. Fire Dept. - $3,100; Medic One - $7,100. Mr. Kase seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Ms. Lee – yes. Motion approved. ENGINEERING: 15A. CONSIDER APPROVAL OF A CONSERVATION PARTNERSHIP AGREEMENT WITH THE WESTMORELAND CONSERVATION DISTRICT, INCLUDING THE MS4 TECHNICAL ASSISTANCE PROGRAM AT $0.15 PER CAPITA PER YEAR. Mr. Perry moved to approve the agreement at $0.15 per capita. Ms. Lee seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Ms. Lee – yes. Motion approved. 15B. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 951-16, AN ORDINANCE ACCEPTING AN EASEMENT FROM GERALD T. DEIBLE. Mr. Lorenz moved to approve advertisement of ordinance No. 951-16. Mr. Kase seconded. Mr. Morrison explained that this easement is for work done on a retaining wall along Sardis Road. Upon a roll call vote: Mr. Kase – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Ms. Lee – yes. Motion approved. 15C. CONSIDER APPROVAL OF BENCH DONATION FROM JASON AND JOSH CORNA, IN MEMORY OF THEIR MOTHER, AT MURRYSVILLE COMMUNITY PARK. Mr. Spadaro moved to approve. Mr. Kase seconded. Recreation Director Carly Greene explained that Mr. Corna requested installation of a bench in Duff Park (first choice), MCP or Pleasant Valley Park. She explained that Duff Park is full of benches but was excited about the walking trail presently being built in MCP and elected to wait until the trail was completed. Ms. Greene took the request to the Parks and Recreation Commission and recommended that the bench be installed at MCP. Upon a roll call vote: Mr. Kase – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Ms. Lee – yes. Motion approved. car 7/12/2016 Regular Voting Meeting – Wednesday, June 22, 2016 15D. EXECUTIVE SESSION (LEGAL ISSUE) Council adjourned to an Executive Session to discuss a legal issue at 9:25 p.m. and reconvened at 9:37 p.m. 15E. CONSIDER AWARD OF A CONTRACT FOR THE CROWFOOT ROAD BRIDGE DECK REPLACEMENT PROJECT, DPW-2-16. Mr. Lorenz moved to reject all proposals submitted to the Municipality with respect to the Crowfoot Bridge deck replacement project. Mr. Spadaro seconded. Mr. Lorenz explained that the bridge deck is in dire need of replacement and there are some factors that require a heightened level of care and expertise; there is some risk of damage to the steel structure; it is time sensitive due to completion dates. Council wants to make sure that those submitting proposals understand the factors and are able to meet the needs of the Municipality. Upon a roll call vote: Mr. Kase – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Ms. Lee – yes. Motion approved. Mr. Lorenz moved to seek new proposals with the stipulation that all of the applicants must be PennDOT certified. Mr. Kase seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Ms. Lee – yes. Motion approved. OLD BUSINESS: None. NEW BUSINESS: None. ACTION ITEMS: None. ADJOURNMENT: Ms. Lee moved to adjourn. Mr. Kase seconded. All present voted aye. Motion approved. The Council Meeting concluded at 9:42 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 7/12/2016