Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, September 21, 2016 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, September 21, 2016 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Jeffery Kepler, Jamie Lee Korns, Josh Lorenz, David Perry, Tony Spadaro, Joan Kearns, and Loren Kase. Also present were Chief Administrator James Morrison, Solicitor George Kotjarapoglus, and Municipal Planner Allen Cohen. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Under Council Action Items – Administration – ADD – Item No. 13E – Consider Approval of Resolution No. 664-16, a Resolution Confirming Agreement to Participate in the US Communities Cooperative Purchase Program, a National Cooperative Purchasing Program for State and Local Governments. Mr. Kepler moved to approve the agenda as amended. Mr. Lorenz seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS Mrs. Lee Korns moved to approve the Consent Calendar items. Mr. Spadaro seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Cindy Gesuale of 3051 Hoy Farm Court supports a natural gas drilling ordinance that allows Murrysville to reap the benefits that would result from the most efficient extraction of gas; however, she is opposed to the additional restrictions being placed on drilling, most significantly the setback requirements. She would like to see an ordinance that encourages energy development. A copy of her presentation is on file at the Municipal office. Chet Smolinski, 3818 Windover Road, thanked Council for the work done on drafting the oil and gas ordinance. He has concerns about the setback and believes it should be greater than the proposed 800 feet from a protected structure. He provided Council with information regarding accidents related to drilling. A copy of Mr. Smolinski’s presentation with documents attached is on file at the Administrative office. Sam Staymates, 4525 Round Top Road, said Huntley & Huntley approached the Municipality several years ago regarding shale drilling under a certain set of rules in place at that time and now Murrysville wants to change the rules. He is in favor of the State’s 500’ setback requirement. Art Hawk of 4460 Old William Penn Hwy. said he has no royalty interest in drilling in Murrysville but is in favor of drilling. He believes the State regulations are sufficient and that Murrysville needs to be pro gas and allow drilling. car 9/22/2016 Regular Voting Meeting – Wednesday, September 21, 2016 Kathleen Baker, 6223 Farm Road, asked those Council members that are open-minded to explore the possibility that raising the 500’ setback does not add any significant, provable protection. She asked that Council reject the ordinance as overly restrictive. A copy of her presentation is on file at the Administrative office. Jerianne Benish of 2869 Schade Hill Rd., Irwin (owns property on Hills Church Rd.) said Pennsylvania has some of the strictest regulations in the nation and the richest supply of the resource. She said there is no landowner or member of Huntley & Huntley’s company that want unsafe practices in Murrysville. She would like the setbacks kept at the 500’ which the DEP deems safe. Doug Benish, 2869 Schade Hill Rd., Irwin said that a handful of people who are opposed to drilling and have no interest in the facts continue to spread fear and resistance, even though statistics show that drilling is primarily a safe process. He said drilling is a temporary process with long-term gains to the community and the state. Mr. Benish said the benefits must be weighed against the risks. Barbara Sims of 3837 Hills Church Road thanked Council for including the maps of the different setbacks for review and said she hopes the residents take the time to read the proposed ordinance and review the maps. She presented Council with a letter written by Attorney John Smith to the Peters Township Council regarding his opinion as to the rationale for that area’s proposed oil and gas ordinance and the legalities of its overall features. She also presented 63 additional petitions from residents opposed to drilling, making a total of almost 300 presented to date. A copy of Mrs. Sims’ presentation and Attorney Smith’s letter are on file at the Municipal office. Eleanor Sharp, 3339 Shady Drive, asked what meaning of the term non-exclusionary Council is using and cited criteria she assumed referred to that term. She also questioned the criteria for the maximum number of wells, pads and drill sites that Council believes Murrysville can accommodate. A copy of her presentation is on file at the Administrative office. Norman Franke of 486 Sardis Road believes Murrysville should adopt the state’s 500’ setback requirement. A copy of his presentation is on file at the Municipal office. Bruce Livengood, 6202 Bollinger Road, referred to a few of the “Whereas” clauses in the proposed ordinance and suggested another clause should be added: “Whereas, the Municipality has the duty and obligation to protect the private property rights of its citizens so that they may enjoy the benefits of their land and labor.” He encouraged Council to adopt the DEP’s rules and regulations, including the 500’ setback. Vicki Higgins, 157 Kistler Drive, Washington Twp., (owns an interest in 6185 Farm Rd.) is in support of rejecting the proposed ordinance in total, rescinding the 550’ setback, 250’ buffer zone measured from the farthest surface production facility, to be in alignment with the state’s 500’ requirement. With the additional restrictions, the proposed ordinance will eliminate all but about 1-2% of land to be eligible for mineral resource development, which is in no way reasonable access as required by state law. She said the small number of people in favor of the more restrictive ordinance don’t represent the view of 20,000 residents of Murrysville. She asked Council to listen to the majority of their constituents and adopt the state’s 500’ setback. car 9/22/2016 Regular Voting Meeting – Wednesday, September 21, 2016 Ted DeCesare, 2405 Francis Lane, said he believes Council should work with Huntley & Huntley and get this done responsibly. He believes 3 well pads could drill the whole district. DEP set guidelines and Council should follow them. Frank Mastandrea of 5932 Kemerer Hollow Road has worked in emergency services and is chief of paramedics. During his time in that profession, he has taken several classes dealing with hazmat, well pads, etc. and has never had any class noting setbacks over 500’. He sees no need to go above and beyond what the DEP has already set. Tyler Herget, 5317 Greenridge Dr., Pittsburgh 15236, Senior Landman with Huntley & Huntley, discussed the proposed setback which, assuming the well pad extends in all directions 250’ from the stake well location there is a minimum setback of 1,050 feet, which is more than double the state requirement. He said that Huntley & Huntley’s maps, unlike those on display in room, take into account topographical challenges and other issues that create more restrictions for development. The proposed setbacks are extremely restrictive and borderline illegal. Chris Nestor, an attorney representing several landowners in the Municipality with respect to the proposed ordinance, discussed the maps on display and asked Council to take into consideration the property rights of residents being taken away as setbacks are increased. He noted the revision to the definition of oil & gas development and that it is now declared a land development subject to the Subdivision and Land Development Ordinance. He asked about the process going forward because there are two ordinances under consideration and asked if they would be on the same timeline and when the public hearing would be scheduled. Chief Administrator Jim Morrison advised residents that the proposed oil & gas ordinance is in the proposed SALDO and the maps are posted in the Council Chambers and on the Municipality’s website under Important Notices. Anyone that would like a hard copy can contact him and he noted there is a fee for reproducing the document. WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 11A. DISCUSSION OF POTENTIAL REVISIONS TO DRAFT ORDINANCE NO. 930-15, AN ORDINANCE AMENDING THE ZONING ORDINANCE REGULATING OIL AND GAS DRILLING. Mr. Morrison responded to some of the comments made during the public hearing process in order to clarify some issues. He said it is important to note that the state requirement of 500’ is a minimum requirement. Act 13 and the resulting Robinson case give municipalities the right to say where and to regulate the industry under the Municipal Planning Code (MPC) which includes land development, which includes setbacks. He also said that the zoning ordinance regulates surface; it doesn’t regulate subsurface rights. Maps posted in the room show the surface area with setbacks, as well as maps showing areas with the assumption that the industry now has the ability to go out almost 1 ½ miles underground and represent 1 ½ miles from the center of the green car 9/22/2016 Regular Voting Meeting – Wednesday, September 21, 2016 areas shown on the maps. He said this is the most difficult issue local government has to deal with and staff walks a fine line between health and safety and the requirements that are part of the MPC, which requires the Municipality to provide for the reasonable development of minerals. He addressed the term “exclusionary” and noted that it’s defined by the courts. The challenging part is balancing the rights of all property owners in the community from the perspective of health and safety and, just as important, the value of the property and the investment everyone makes into the community. He said it’s important to remember that each individual, whether for or against, has equal property rights. The 800’ setback doesn’t cover 1-2%; the assumption that was used in the GIS and what it reflects represent 5.7% at an 800’ setback. The land development section inserted in the ordinance was supported by legal counsel. He said that he attended a seminar earlier in the day and an attorney who represents the industry defined this as land development. Mr. Morrison said he believes staff has received sufficient legal advice from that perspective. Mr. Morrison continued by discussing the waiver provision and said that if an affected property owner in the setback distance wishes to waive the requirements as identified in the zoning ordinance, he/she can do that by completing a notarized statement approved by the solicitor. He believes that the ordinance provides for people that will be impacted so that they will not be harmed by the development and can waive the setback requirement. Regarding the SALDO, the items moved from the oil & gas ordinance to the SALDO were done so based on the recommendation of counsel and, important to note, the SALDO governs all land development in the community. No additional burden is being placed on the industry that isn’t already placed on any development that occurs in the community. Municipal Planner Allen Cohen said that he had been quoted as saying that the ordinance is about land use planning and ignores health and safety. He said that isn’t the truth in terms of what land use planning is about. Land use planning involves public health and safety, and that is the rationale for zoning – legally. Land use planning is not a science, it’s an art – a balance the community must strike to provide for the uses needed by the residents or to the benefit of the public while protecting the public health and safety. The objective and intent has always been to provide that balance between not being exclusionary and not addressing the issues that may affect residents in terms of their public health and safety. In response to a question on the process going forward, he said it depends on what happens tonight. Once Council decides to advance these ordinances as proposed or amended to the county and Murrysville’s Planning Commission, the 45-day review period would begin. Any time after that review period, Council can schedule a public hearing on both ordinances since they are related. At that time, if changes are necessary, it will then go back to the county for further review. Mr. Morrison explained that the Sept. 1 copy of the ordinance provided to Council has items in red (added as a result of the prior discussion) and red italicized (alternate proposal for setback suggested by one Council member and staff was directed to keep that in to give the Council member an opportunity to clarify his position). Mr. Cohen summarized the two ordinances and the proposed revisions, which included: (1) removing sections of the ordinance that are in conflict with DEP provisions of Chapter 78a regarding drilling; and (2) removing sections from the pending ordinance and apply existing and newly proposed provisions from the SALDO and amend the SALDO as described in the slide presented for Council’s viewing. car 9/22/2016 Regular Voting Meeting – Wednesday, September 21, 2016 Kevin Scott, Senior Projects Manager at Geo-Decisions, a division of Gannett Fleming, explained: (1) the methodology of Geo-spatial analysis performed to assess implications of various setback and buffer zone scenarios and (2) presentation of maps illustrating the results of applying a 500 foot, 800 foot, 1200 foot and 2000 foot setback in terms of areas available for the location of well pads in the Municipality. In developing the maps, Kevin and staff looked at every building location inside of Murrysville based on the 911 address points provided by the county, the restraints from Act 13, flood plains & streams, and properties with well water. With that information, one large zone was created, which was clipped by the oil & gas overlay district. Mr. Morrison gave some background information on how and why the overlay district was created and said staff was challenged to identify an area in the community that would minimize the impact on residential areas. Staff looked at road infrastructure, transmission lines, steep slopes, flood plains and any environmentally-related issues since the Municipality had the obligation to provide for the reasonable development of mineral resources and to provide a zoning district within the Municipality. Since one of the major issues is setbacks, Mr. Morrison discussed the maps on display in the room and noted one map showing areas already leased by oil and gas drilling companies. The other maps represented setbacks of 500’, 800’, 1200’ and 2000’ from the well pad. He qualified that about 93% of the community is zoned residential; 5.1% is zoned commercial, with the remainder being public land. He explained the rationale and assumptions used in creating the maps and the amount of surface area yielded by the different setbacks. Allen Cohen explained that the existing ordinance (the one that was in place prior to the pending ordinance) required setbacks that were higher than those set by the state and has more provisions than would be permitted under Act 13. He stated that the 500’ state minimum setback may be appropriate in Greene County or other more rural counties; however, he wonders if it is appropriate for Murrysville – or whether Murrysville wishes to exercise its zoning powers and reflect upon the community’s character to increase the setback, add a buffer (which is a legitimate zoning exercise) and do so to protect the property rights of the community, while at the same time providing for the reasonable development of oil and gas. Mr. Morrison stated that this not a zoning ordinance to regulate Huntley & Huntley, which may or may not be the developer; it is an ordinance to regulate the oil and gas industry. Mr. Kepler, who was unable to attend the last meeting, thanked Council for leaving his comments on the table and giving him the opportunity to comment on them. He defended the approach the Municipality has taken regarding the proposed ordinance and said that it is not a debate; it shouldn’t be a debate; a debate indicates a clear winner; this should be a negotiation, a compromise. He said Council needs to look at the ordinance to try to find a way to satisfy everyone’s rights to the best that they can, try to be as balanced as they can and not take away people’s rights. He said setbacks are put in place to protect those that need and want protection, but also to provide opportunities, with a waiver, for those people who want to and are willing to take an additional risk to get the use out of their land. “It’s a balanced approach; it’s the right approach; it’s not debatable.” Mr. Kepler continued discussing his concerns about the waiver and said that, although it’s in the ordinance, it is extremely hidden and he feels it such an important topic that it should be put right up front with enumerated car 9/22/2016 Regular Voting Meeting – Wednesday, September 21, 2016 options for stakeholders. He said that in order to provide a solution that satisfies all stakeholders involved, everyone has to have a voice on this issue and everyone has to be given the opportunity to protect their families. Mr. Lorenz said that he would like everyone to understand that the process has been very important to all Council members and that, when it is all said and done, there will be no one that will say that the best effort wasn’t made in order to make an informed decision, which includes the individual research done by Council members, listening to the residents, listening to experts (from health & safety, industry, and municipal standpoints), and listening to as many viewpoints as possible. He said Council members represent everyone in the community and it is incumbent upon them to listen to everyone, take everyone’s comments into account, and make the best possible decision. He thanked everyone that has been part of the process and said that Murrysville is a special place where people do care. Mr. Spadaro said he thinks there is a balance on Council; they have listened to both sides, including experts from both sides, and he believes it’s time to make a decision and move on. Mrs. Lee Korns said she doesn’t believe any setback will keep people safe if there was some absolute catastrophe in drilling. It would have to be banned and the Municipality doesn’t have the legal right to do that. She said the residents have a pro-active Council that tries very hard to work to serve the community. Once the ordinance goes through, it isn’t set in stone forever; new information continues to come to the surface about drilling and if something comes forward, Council will be reaction and amend the ordinance. Mrs. Kearns also thanked everyone that came forward to speak and said Council keeps trying to find a way to deal with the concerns that have been expressed. She reminded everyone that the ordinance contains provisions that apply if landowners choose to have a drilling rig closer to their homes than the ordinance setbacks allow. She also noted that the ability to drill sub-surface now goes out almost 1 ½ mile, depending on geology, which means that a rig a mile away could be accessing gas underneath their property, thereby enabling the homeowner to get financial compensation. She said the ordinance won’t make everyone happy, but if Council can find something that works for the majority of the 22,000 residents without destroying the community, that’s what Council strives to do. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER AUTHORIZATION TO ADVERTISE FOR THE 2017 BOARDS, COMMISSIONS AND COMMITTEES VACANCIES. Mr. Lorenz moved to authorize the advertisement. Mr. Kepler seconded. Mrs. Kearns noted that the deadline for submission of applications is October 24, 2016. car 9/22/2016 Regular Voting Meeting – Wednesday, September 21, 2016 Upon a roll call vote: Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. 13B. CONSIDER AUTHORIZATION TO ADVERTISE FOR NOMINATIONS FOR 2016 VOLUNTEER OF THE YEAR. Mrs. Lee Korns moved to authorize the advertisement. Mr. Spadaro seconded. Mrs. Kearns again noted the deadline of October 24, 2016. Upon a roll call vote: Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. 13C. CONSIDER APPROVAL OF THE STAYMATES HOUSE REHABILITATION PROJECT. Mr. Perry moved to authorize the expenditure of up to $15,000 of Municipal funds to match a gift in the amount of approximately $55,000 for improvements to the Staymates cabin. Mr. Kase seconded. Chief Administrator Jim Morrison advised that the cabin is on Municipal land and the cabin and barn were given to the Municipality. The building has been rented for several years, but there have been some issues with recent renters. Staff believes the structure should be used as originally intended – as a showpiece to be used by the Historical Society and other interested historical groups, as well as residents, for tours and enjoyment of the historical significance of the cabin. He gave a history of the cabin, which was built along the old Forbes Road. The Municipality was approached by an unnamed benefactor who is willing to help rehabilitate the structure. Mr. Morrison showed pictures of the building and discussed the proposed renovations, with the idea to take it back to the period when it was constructed as much as possible. It is staff’s recommendation that Council proceed with the renovation. Sam Staymates asked if there was going to be a bathroom in the building. Mr. Morrison said a port-a-john would be available and, because of the septic system, staff needs to investigate options for disposal of sewage on the site. Mr. Perry asked how it would be determined what is “period” and is the work being done in-house? Mr. Morrison said Elmer, the man who did work on the Toll House and the barn at MCP, would be doing the work. Mr. Lorenz said he grew up next to the house and spent a lot of time in it, but was surprised that more people didn’t know about the house. He believes it is a great asset and would like to find a way to incorporate it into the parks system and actively use it. Mr. Kepler said he would be opposed to the project if the Municipality was paying for the entire project, but in lieu of the donation and the cap on the amount the Municipality will be contributing, he is in favor of it. Mrs. Kearns gave a recap of her involvement with the building, the former renovation project, and use of the building by scout, church and school groups to learn about log cabins and how people lived in the early 1800s. car 9/22/2016 Regular Voting Meeting – Wednesday, September 21, 2016 The property became part of the Murrysville park system in 1976 by ordinance. She said it’s important for kids and their families to learn the importance of the history of this community. She is totally in favor of the project. All present voted aye. Motion approved. 13D. CONSIDER AWARD OF ANIMAL CONTROL SERVICES CONTRACT TO HOFFMAN KENNELS FOR YEAR 2017. Mr. Kase moved to award the animal control services contract to Hoffman Kennels for 2017. Mr. Perry seconded. For the benefit of the residents, Mr. Perry went over a few clauses in the contract regarding the length of time the animal must be held following identification of the owner. Upon a roll call vote: Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. 13E. CONSIDER APPROVAL OF RESOLUTION NO. 664-16, A RESOLUTION CONFIRMING AGREEMENT TO PARTICIPATE IN THE US COMMUNITIES COOPERATIVE PURCHASE PROGRAM, A NATIONAL COOPERATIVE PURCHASING PROGRAM FOR STATE AND LOCAL GOVERNMENTS. Mr. Kepler moved to approve the resolution. Mr. Kase seconded. Mr. Morrison explained that this is similar to the Costars Program in which the Municipality participates on the state level. The proposed supplier that will be providing the playground equipment for the Miracle Field participates in this program so, in an effort to get the best price, the Municipality would like to confirm its participation in US Communities. He confirmed that there is no cost to the Municipality to participate. Upon a roll call vote: Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 930-15, AN ORDINANCE AMENDING THE ZONING ORDINANCE REGULATING OIL AND GAS DRILLING. Mr. Perry moved to authorize the advertisement of Ordinance No. 930-15. Mr. Spadaro seconded. Municipal Planner Allen Cohen explained that process required by the MPC is to send the ordinance to the Westmoreland County Department of Planning and Murrysville Planning Commission for the required review. After a 45-day period for review and to provide comments, a public hearing will be scheduled by Council. Mr. Kepler said the biggest challenge he has is that there is a lot of substance imbedded in the definitions. He believes the waiver and protected structure information should be in one location so it’s easily read and understood which is why he would like it pulled out of the definition section. As for the protected structure setback, currently listed at 550’, he would like to see it increased to 950’. Mr. Lorenz said if you start putting car 9/22/2016 Regular Voting Meeting – Wednesday, September 21, 2016 things in multiple places in the document, you run the risk of potentially having language that attempts to address the same thing but can be misinterpreted or interpreted differently. He thinks it should be in the definitions section, but should be presented clearly. Mr. Kepler referenced the page showing the setback diagram and notes that there is no mention in that section of the waiver; the waiver is listed in another section of the document, therefore having a split message. Mr. Morrison said if Council wants to move forward on a time schedule, this must be settled tonight because Mr. Kepler’s proposal would be considered a substantial change and would have to go back through a review process. Mr. Perry questioned what would be considered a substantial change. Solicitor Kotjarapoglus said it must first stay in the definitions; it can also be put somewhere else, as long as it doesn’t change anything but is just alerting residents that the right exists. Doing that, he believes, would not constitute a substantial change. Mr. Lorenz said as long as the effect or import of the language is not being changed substantively, but merely changing the way, or the manner, or the location in which it’s presented would not present a problem. There was additional discussion on the waiver, protected structure and definitions. Following the discussion, Mr. Perry moved to amend the original motion to add a protected structure waiver definition to the definition section, to revise the existing figure that shows the various setbacks, and to incorporate in that figure show how a waiver can modify those setbacks or eliminate the setbacks as negotiated between the producer and the property owner. Mrs. Kearns clarified that the amendment is to define a protected structure waiver in the definitions and add wording referencing to same on the illustration. Mr. Perry – “so moved.” Mr. Kepler seconded. Upon a roll call vote: Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. Mr. Kepler moved to increase the protected structure setback to 950 feet. Mr. Perry seconded. Mr. Lorenz said that increasing the setback from 550’ to 950’, plus adding the 250’, essentially increases the setback to 1200’. Mrs. Lee Korns feels it will be harder to get a waiver with an increased setback. Mr. Lorenz said he believes raising the setback to 1200’ would not be legally defensible. Upon a roll call vote: Mr. Kepler – yes, Mrs. Lee Korns – no, Mr. Lorenz – no, Mr. Perry – yes, Mr. Spadaro – no, Mrs. Kearns – no, Mr. Kase - no. Motion failed. Mrs. Lee Korns moved to change the setback from the bore hole instead of the edge of the well pad. Mr. Kepler asked if she was proposing an 800’ setback from the bore hole instead of 800’ from the edge of the pad. Mrs. Lee Korns said that was correct. Mr. Lorenz seconded. There was discussion on this issue and Mrs. Lee Korns withdrew her motion; seconded by Mr. Lorenz. Mrs. Lee Korns then moved to maintain the current buffer of 250’ but reduce the setback from the protected structure from 550’ to 400’. Mr. Spadaro seconded. There was discussion on this proposed reduction; Mr. Morrison drew a diagram for clarification. Mr. Cohen explained that the ordinance, as currently drafted, would have a setback of 800’ from the edge of the well pad. With the amendment, the setback would be 650’ from the edge of the well pad. Mr. Lorenz said he thinks everyone is trying to come up with a happy medium and, for car 9/22/2016 Regular Voting Meeting – Wednesday, September 21, 2016 him, 800 feet is that happy medium. Upon a roll call vote: Mr. Kepler – no, Mrs. Lee Korns – yes, Mr. Lorenz – no, Mr. Perry – no, Mr. Spadaro – yes, Mrs. Kearns – no, Mr. Kase - yes. Motion failed. Mr. Morrison clarified that Council is moving forward the pending ordinance with one recommended change, and that is the definition of a protected structured waiver; all other provisions that exist in the pending ordinance as presented this evening will move forward for review and advertisement. On the main motion, as amended, is to advertise Ordinance No. 930-15, an Ordinance amending the Zoning Ordinance regulating oil & gas drilling and forward it to the Westmoreland County Department of Planning and the Murrysville Planning Commission for a 45-day review prior to scheduling a public hearing on the ordinance. Upon a roll call vote: Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. 14B. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 955-16, AN ORDINANCE AMENDING THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE. Mr. Kase moved to authorize the advertisement and authorize staff to distribute same to the Westmoreland County Planning Department and the Murrysville Planning Commission. Mrs. Lee Korns seconded. Mr. Morrison said that, in discussing this ordinance at the staff meeting, there has been an outstanding item between the emergency services and Planning Commission which involves requirements for bridges that access subdivisions or homes, that the Subdivision and Land Development Ordinance be amended to require that those bridges be a minimum of 12’ wide and capable of handling weight loads of emergency vehicles. Staff didn’t have the opportunity to formulate that for Council, but he asked Council to consider that to be in the SALDO for advertisement before forwarding it. Mr. Perry moved to amend the main motion to include requirements for bridges entering private and public developments to increase the width to 12 feet and sufficient capacity for emergency vehicles to travel as determined by Emergency Management. Mr. Kase seconded. Upon a roll call vote: Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Kase - yes. Amended motion approved. On the main motion, as amended, upon a roll call vote: Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. 14C. CONSIDER APPROVAL OF A RESOLUTION WHICH AUTHORIZES PARTICIPATION IN THE COMPLIANCE ENGINE CODE ENFORCEMENT PROGRAM PROVIDED BY BRYCER, LLC. Mr. Lorenz moved to approve Resolution 663-16 identifying Brycer, LLC as the agency providing a third-party reporting system for the enforcement of fire code inspections. Mrs. Lee Korns seconded. Upon a roll call vote: car 9/22/2016 Regular Voting Meeting – Wednesday, September 21, 2016 Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. ENGINEERING: None. PUBLIC WORKS AND PARKS: None. OLD BUSINESS: Mr. Morrison advised Council that signs regarding mountain bike riding in Duff Park have been ordered. NEW BUSINESS: None. EXECUTIVE SESSION: None. ACTION ITEMS: Changes to be made to pending ordinances before submission to Greensburg. ADJOURNMENT: Mrs. Lee Korns moved to adjourn. Mr. Kase seconded. All present voted aye. Motion approved. The Council Meeting concluded at 9:43 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 9/22/2016