Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, September 7, 2016 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, September 7, 2016 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Josh Lorenz, Joan Kearns, David Perry, Tony Spadaro, and Jeffery Kepler. Councilpersons Loren Kase and Jamie Lee Korns were not in attendance. Also present were Mayor Robert Brooks, Chief Administrator James Morrison, and Solicitor George Kotjarapoglus. MAYOR BROOKS WELCOMES MORGAN PATRICK WESTMORELAND FAIR QUEEN Mayor Brooks welcomed Morgan Patrick, a senior at Franklin Regional High School, who was recently chosen as the 2016 Westmoreland Fair Queen while representing Blazing Saddles, her 4-H Club, and Murrysville. Morgan spoke about her school activities, including the Mock Trial team, and also talked about her leadership role in 4- H. She competes in the American Quarter Horse Association and 4-H shows, and also does showmanship classes. Morgan’s parents were introduced and spoke about her accomplishments and their pride in what she has done. Mayor Brooks presented Morgan with a citation in recognition of her selection as Queen and other community achievements. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None. Mr. Kepler moved to approve the agenda as presented. Mr. Lorenz seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. AUGUST 3, 2016 MEETING MINUTES TO BE APPROVED B. AUGUST 17, 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: Chet Smolinski of 3818 Windover Rd. addressed Council regarding the setback distance proposed by Council in the pending oil and gas ordinance. A copy of Mr. Smolinski’s presentation is on file at the Municipal office with the minutes of this meeting. Mr. Morrison responded but his microphone was not functioning and most of his comments were not heard. He did say that the problem staff has encountered is that, first and foremost, the Municipality must provide for the use, by law, and by meeting that standard in the MPC, staff must try to provide a happy medium to avoid exclusivity. Mrs. Kearns reiterated that Council has not yet made any decision on the ordinance. Pia van de Venne of 4040 Round Top Rd. expressed concerns about the number of people riding mountain bikes in Duff Park, thereby endangering the natural wild plants. Duff Park has been designated as a Wild Plant Sanctuary by the PA DCNR, and the park is in danger of losing that status if mountain biking is permitted on the car 9/19/2016 Regular Voting Meeting – Wednesday, September 7, 2016 steep trails in the park. She spoke about the danger to hikers from bikers riding down the hills and missing signs from the trails, also noting that certain areas in the park are eroded and have lost some of the spring flowers. She reminded Council that, in the past, Council has agreed that Duff Park should be dedicated to passive recreation. She said mountain biking is a sport and, therefore, active recreation, which would be more suitable in MCP or Pleasant Valley Park. She also noted that in State and National Parks, biking is only permitted on trails built for that specific purpose. She asked if Council would erect a sign indicating no biking is permitted in the park except on Funk Bikeway. Barbara Sims, 3837 Hills Church Rd., delivered 130 additional petitions from residents concerned about unconventional gas well drilling or fracking’s impact on the home values and the health, safety and welfare of the community. She asked Council to read the submissions and consider larger setbacks. A copy of Mrs. Sims’ presentation is on file at the Municipal office. WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 11A. DISCUSSION ON CODE ENFORCEMENT PROGRAM COMPLIANCE ENGINE. Mr. Morrison explained that the code enforcement staff in the community development department perform life safety inspections of commercial structures in Murrysville, which involve spray systems over grills and cooking areas, fire extinguishers, etc. The inspection usually takes 2-3 trips and, considering the number of businesses in the Municipality, the inspections don’t get done each year. Staff learned of a company that has a software program called Compliance Engine. That company has developed relationships with private companies that do the inspections. The Municipality would provide a list of the businesses in the community; Compliance Engine will set up a database and make contact with the companies that do the inspections. He explained the procedure for the testing and reporting to the Municipality. There is no cost to the Municipality to use the software and cost savings will be through automating the system and reduction of personnel hours for the safety inspections. If Council authorizes the use of the program, a resolution would be required. Mr. Perry asked how the various venders that do the inspections are selected. Mr. Morrison wasn’t sure but said he would inquire as to the selection process. Mrs. Kearns asked Mr. Morrison to get as much information as possible in order to help Council make a decision. Mr. Morrison clarified that the business is contacted by Compliance Engine to alert that an inspection is due; the business then contacts an inspector to perform the inspection. A resolution will be presented at the next meeting for approval. car 9/19/2016 Regular Voting Meeting – Wednesday, September 7, 2016 COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF EXONERATING THE 2016 AND BEYOND TAXES FOR THE HERITAGE ESTATES DETENTION BASIN. Mr. Perry moved to exonerate the Municipal real estate taxes for parcel #49-03-00-0-269 for tax year 2017 and going forward. Mr. Spadaro seconded. Upon a roll call vote: Mr. Lorenz – abstain as he lives in the development, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kepler – yes. Motion approved. 13B. CONSIDER WESTMORELAND COUNTY TRANSIT AUTHORITY’S LOCAL SHARE ASSESSMENT AGREEMENT FOR THE PERIOD BEGINNING JULY 1, 2016 AND ENDING JUNE 20, 2017, IN THE AMOUNT OF $1,310.00. Mr. Kepler moved to approve the Local Share Assessment Agreement. Mr. Lorenz seconded. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kepler – yes. Motion approved. 13C. CONSIDER APPROVAL OF TAX APPEAL SETTLEMENT WITH PHILLIP HOLLINSHEAD. Mr. Lorenz moved to authorize the Solicitor to sign a Stipulation of Settlement for the Hollinshead tax appeal with the stipulations that (1) the County joins in the stipulation and (2) the school district does not oppose the proposed settlement for the amount as indicated in the staff briefing. Mr. Perry seconded. Solicitor Kotjarapoglus explained the assessment and calculations; he said he thought it was to be settled last year, but the County didn’t sign the necessary papers. Because the County didn’t sign the papers, the Municipality didn’t sign. At this point, the Solicitor will sign the papers and initiate the process. There were no questions from Council. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kepler – yes. Motion approved. COMMUNITY DEVELOPMENT: None. ENGINEERING: None. car 9/19/2016 Regular Voting Meeting – Wednesday, September 7, 2016 PUBLIC WORKS AND PARKS: 16A. CONSIDER APPROVAL OF SURPLUS VEHICLE SALES. Mr. Spadaro moved to approve the sale of a 2004 Ford Taurus for $675 and various controllers and cameras from Rt. 22 for $210.10. Mr. Perry seconded. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kepler – yes. Motion approved. OLD BUSINESS: 17A. CONSIDER APPROVAL OF THE OLD ROUTE 22 PUBLIC SERVICES SIGN DISPLAY AVAILABILITY. Mr. Lorenz moved to approve the availability of the Old Route 22 public services sign display. Mr. Spadaro seconded. There was some discussion on why the sign display was needed in light of the fact that a new electronic sign will be erected on Route 22, as well as cost to erect the banners, etc. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kepler – yes. Motion approved. NEW BUSINESS: Duff Park. Mr. Morrison said he supports the idea of limiting mountain bikes in Duff Park and said PV Park is there for that reason; however, it will be difficult to police. He suggested posted a sign indicating no mountain biking is permitted in the park and directing bikers to PV Park. Mrs. Kearns suggested several signs indicating “Biking Limited to Funk Bikeway Only.” Mr. Morrison said it will get more intense with the Heritage Trail coming through town, bringing more walking and biking traffic through the park. Mr. Morrison said he will find the websites currently publicizing Duff Park for biking and ask the park to be removed from those sites. Mr. Morrison said one of the goals of the Recreation Department is to come up with guidelines for uses in the parks. Solicitor Kotjarapoglus said Council can start informally without a resolution or ordinance, but if Council will be looking for enforcement once regulations are firmly in place, a resolution or ordinance would be necessary. EXECUTIVE SESSION: Council adjourned to an Executive Session at 8:15 p.m. to discuss a Personnel issue and reconvened at 8:25 p.m. There was no action coming out of the Session. ACTION ITEMS: Proposed resolution regarding Compliance Engine. ADJOURNMENT: Mr. Lorenz moved to adjourn. Mr. Kepler seconded. All present voted aye. Motion approved. The Council Meeting concluded at 8:25 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 9/19/2016