Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, July 20, 2016 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, July 20, 2016 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Loren Kase, Jeffery Kepler, Tony Spadaro, Joan Kearns, Josh Lorenz and David Perry. Councilwoman Jamie Lee and Councilman Josh Lorenz were not in attendance. Also present were Mayor Robert Brooks, Chief Administrator James Morrison, Solicitor George Kotjarapoglus, Municipal Planner Allen Cohen, Finance Director Diane Heming, and Public Works Director Bob Bell. MAYOR BROOKS WELCOMES FRANKLIN REGIONAL YOUTH U-15 LACROSSE TEAM Mayor Brooks invited members of the Franklin Regional Youth U-15 Lacrosse Team to come forward and be recognized for winning the Beast of the East tournament recently hosted by Franklin Regional. Each player introduced himself, told the position he played on the team and what grade he is in. The coaches, Matt and Ryan Gabrin, explained the tournament and spoke about the team’s achievements and some exciting moments in the games. Mayor Brooks presented each coach and player with a citation recognizing the team’s accomplishment as champions of the tournament. 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. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS C. JUNE 22, 2016 MEETING MINUTES TO BE APPROVED Mr. Spadaro moved to approve the Consent Calendar items. Mr. Kepler seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Cindy Gesuale, 3051 Hoy Farm Court said the proposed oil and gas ordinance presents one roadblock after another with the goal of preventing drilling in Murrysville. She mentioned the 800 foot setback requirement, risk assessment plan, comprehensive gas management plan, pipeline routing plan, lighting regulations and compliance with a completely unattainable environmental rights amendment of the PA Constitution and asked about the purpose of the requirements. She asked if Murrysville had qualified employees to review those types of documents. She urged Council to vote against the adoption of the ordinance and any other effort to make drilling more difficult. car 7/26/2016 Regular Voting Meeting – Wednesday, July 20, 2016 Councilman Perry suggested Ms. Gesuale re-read the 550 foot section and also stated that it is very standard for Municipalities to retain qualified consultants. Eleanor Sharp of 3339 Shady Drive asked what protection for human safety an 800 ft. setback would provide in the event of a Marcellus gas well pad explosion or fire. Mr. Morrison said the setback is evaluated based on the locations identified within the community through a geospatial analysis and believes that it is satisfactory to the point of meeting non-exclusionary requirements and also to meet protection for surrounding property owners. Barbara Sims, 3837 Hills Church Road, thanked staff for their efficiency in fixing her mailbox after it had been damaged while the Public Works crew was doing roadside mowing. She then cited a recent decision by the South Fayette Township commissioners determining that the health, safety and welfare of the general public would be protected by limiting the existence of oil and gas wells to industrial zones; the setbacks range from 1,000 feet (C-1 zone) to 2,800 feet (R-3 zone). She asked how Murrysville’s ordinance will be impacted if the PA Supreme Court, in the upcoming Gorsline case, rules that fracking must be limited to industrial zones and whether Murrysville plans to rezone the entire overlay district to be industrial. Mr. Morrison responded by stating that he does not believe that the Gorsline case is not on point or applicable in the case of the overlay district in Murrysville. He said the Township did not provide for the use in its ordinance; however it provided language in the ordinance that said if there is a compatible use it may be permitted. Mr. Morrison said he believes that is what the Zoning Hearing Board ruled on, the Commonwealth Court supported the decision and he believes that was the fifth application for a well approved in that community. In response to Mrs. Sims’ question regarding rezoning of the overlay district, Mr. Morrison again said he does not believe the Gorsline case is on point as it applies to the overlay district. A copy of Mrs. Sims’ presentation is on file at the Municipal office. Norman Franke of 4816 Sardis Road expressed his opposition to the proposed ordinance, which he believes is ill- advised, unsupported by the vast majority of Murrysville residents and totally unnecessary. A copy of Mr. Franke’s presentation is on file at the Municipal office. Bruce Livengood of 6202 Bollinger Road thanked Council for holding the educational sessions. He said the DEP presentation showed that Pennsylvania has some of the most stringent regulations in the country and that there have been over 10,000 unconventional wells drilled in Pennsylvania safely and effectively. Huntley and Huntley’s presentation showed that they are using state-of-the-art procedures to ensure safety and accuracy in the drilling. He said the experts in health and safety could not say that there was any relationship between fracking and any health concerns. He found it interesting that idling trucks raised the benzene levels, which would be a temporary situation and said that trucks at Sheetz present a greater threat to citizens. He asked why Murrysville wants to take on a more restrictive ordinance that might cause serious problems in terms of litigation car 7/26/2016 Regular Voting Meeting – Wednesday, July 20, 2016 WORKSHOP ITEMS ADMINISTRATION: 9A. DISCUSSION ON FTMSA REFINANCING A BOND AT A LOWER RATE BUT THE TERM WOULD END THE SAME DATE AS THE EXISTING BOND. Kevin Kaplan from FTMSA and Tom Lynch, FTMSA’s bond counsel, explained that the Authority has an outstanding bond from 2011, which can be refinanced at a lower interest rate. Mr. Kaplan said the Authority will not be borrowing any more money or extending the term of the bond, but simply refinancing at a lower rate, which will save approximately $300,000. Mr. Lynch explained that the current amount outstanding on the 2011 bond is $9,765,000, with $9,600,000 subject to re-funding and the call date is January 1, 2017. He explained the method to be used for the financing and discussed the timeline. Mayor Brooks said he, Mr. Morrison and Diane Heming have reviewed the documents and everything looks good. There were no questions from Council; this item will appear on the agenda at the August 3 meeting. EXECUTIVE SESSION: A. LEGAL ISSUE Council adjourned at 7:40 to an Executive Session and reconvened at 8:38. There was no action coming out of the session. COUNCIL - ACTION ITEMS ADMINISTRATION: 14A. CONSIDER APPROVAL OF RESOLUTION NO. 660-16, DISPOSAL OF RECORDS. Mr. Perry moved to approve the disposal of certain public records, archives and printed public documents in accordance with Municipal procedures. Mr. Spadaro seconded. Diane Heming, Finance Director, corrected a typo on the date of certain Planning Commission meeting minutes scheduled for disposal. There were no questions from Council. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mrs. Kearns - yes, Mr. Perry – yes. Motion approved. car 7/26/2016 Regular Voting Meeting – Wednesday, July 20, 2016 14B. CONSIDER APPROVAL FOR AUTHORIZATION TO ADVERTISE A PUBLIC HEARING AND WORKSHOP ON THE PROPOSED CAPITAL IMNPROVEMENTS PROGRAM FOR FY 2017-2021 TO BE HELD AUGUST 3, 2016. Mr. Kepler moved to authorize advertisement. Mr. Kase seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mrs. Kearns - yes, Mr. Perry – yes. Motion approved. 14C. CONSIDER APPROVAL OF A CONTRACT WITH KELLNER’S FIREWORKS, INC. TO PURCHASE AND EXHIBIT FIREWORKS FOR THE 2016 MURRYSVILLE COMMUNITY DAY IN THE AMOUNT OF $7,825.00. UPON APPROVAL, 50% OF THE TOTAL CONTRACT WILL BE DUE WITH THE REMAINING BALANCE DUE ONCE THE EXHIBIT IS COMPLETED. Mr. Spadaro moved to approve the contract. Mr. Perry seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mrs. Kearns - yes, Mr. Perry – yes. Motion approved. 14D. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 946-16, AN ORDINANCE ACCEPTING THE HERITAGE ESTATES DETENTION POND. Mr. Kase moved to authorize advertisement to accept property in the Heritage Estates development that includes a stormwater detention basin. Mr. Spadaro seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mrs. Kearns - yes, Mr. Perry – yes. Motion approved. 14E. CONSIDER APPROVAL OF DEP RECLAMATION WAIVER FOR LAND RECLAMATION PROJECT IN WHITE VALLEY. Mr. Perry moved to waive all Municipal land use permitting requirements for a Pennsylvania DEP abandoned mine reclamation project in the White Valley section of the Municipality with conditions as recommended by staff and outline in Section 7 of the briefing. Mr. Spadaro seconded. Mr. Morrison reminded Council that Mr. Lorenz had some questions on this item and sent Mr. Morrison an e- mail, which was included in Council’s packet. There were no additional questions from Council. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mrs. Kearns - yes, Mr. Perry – yes. Motion approved. ENGINEERING: 16A. CONSIDER RELEASE OF A BOND BEING HELD FOR COMPLETION OF THE REQUIRED IMPROVEMENTS AT THE STOREXPRESS DEVELOPMENT. Mr. Kase moved to release the bond being held to insure completion of the required improvements for the StorExpress project, SP-2-13. Mr. Kepler seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes. Motion approved. car 7/26/2016 Regular Voting Meeting – Wednesday, July 20, 2016 16B. CONSIDER AWARD OF A CONTRACT FOR TDHE CLEARING OF VEGETATION IN VARIOUS STORMWATER DETENTION BASINS. Mr. Perry moved to award a contract for a detention basin clearing project to LaManna for $7,500.00. Mr. Spadaro seconded. Mr. Morrison explained that this work must be done before the grant program goes into effect. He said that over the years the ponds have experienced significant growth and become accumulation points for yard waste. The grant will only do certain improvements, so there has to be some housekeeping work done in the ponds in order to get grant funding. This contract will cover that type of work. Council commented on the difference between the two quotes and asked if the Municipality has had this type of work done before. Mr. Perry said one bidder is a union, heavy highway contractor, while the other is a landscaper and this is basic landscape work. Mr. Morrison said the last time this type of work was done, it was performed in-house. Given the schedule of the grant and the amount of work to be done, staff felt it was best to contract it out. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mrs. Kearns - yes, Mr. Perry – yes. Motion approved. PUBLIC WORKS AND PARKS: 17A. CONSIDER AUTHORIZATION TO ADVERTISE FOR SURPLUS VEHICLE SALES. Public Works Director Bob Bell explained that this is not a normal surplus sale, but about 2 ½ years’ worth of vehicles and equipment, and some of the equipment hasn’t been used in several years. The vehicles and equipment will be placed on Municibid. Mr. Spadaro moved to advertise auction bids through Municibid for the sale of used Municipal vehicles and equipment, Items 1-15, as listed in the briefing. Mr. Kepler seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mrs. Kearns - yes, Mr. Perry – yes. Motion approved. OLD BUSINESS: None. NEW BUSINESS: Mr. Morrison commented on the landscaping recently completed at the Municipal Building. ACTION ITEMS: None. ADJOURNMENT: Mr. Kase moved to adjourn. Mr. Spadaro seconded. All present voted aye. Motion approved. The Council Meeting concluded at 8:50 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 7/26/2016