Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, October 19, 2016 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, October 19, 2016 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members David Perry, Jamie Lee Korns, Tony Spadaro, Jeffery Kepler, Joan Kearns, and Loren Kase. Absent from the meeting was Councilman Josh Lorenz. Also present were Mayor Robert Brooks, Chief Administrator James Morrison, Solicitor George Kotjarapoglus, Finance Director Diane Heming, Municipal Engineer Joe Dietrick and Municipal Planner Allen Cohen. MAYOR BROOKS WELCOMES LARRY LARESE Mayor Brooks first welcomed 3 Boy Scouts from Troop 205, all of whom were attending the meeting to fulfill requirements for the Citizenship in the Community badge. Mayor Brooks then introduced Larry Larese, a Murrysville resident, who has been involved in planning and economic development for 40 years. While working on the county comprehensive plan, Mr. Larese learned that residents wanted a balance of open space and development, which led to the creation of the county land trust and subsequent preservation of almost 300 acres, some of which are located in Murrysville. He currently serves on the boards of the Land Trust and Westmoreland County Community College, and was an active member of the Turtle Creek Watershed Association for 12 years. Mayor Brooks presented Mr. Larese with a Certificate of Appreciation for all he has done for the County and Murrysville. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Under Council Action Items – Executive Session – ADD – Item No. 19B – Legal Issue and Item No. 19C – Real Estate Issue. Mr. Kepler moved to approve the agenda as amended. Mrs. Lee Korns seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. SEPTEMBER 7, 2016 MEETING MINUTES TO BE APPROVED B. SEPTEMBER 21, 2016 MEETING MINUTES TO BE APPROVED C. ACCOUNTS PAYABLE D. INVESTMENTS AND TRANSFERS Mr. Spadaro moved to approve the Consent Calendar items. Mrs. Lee Korns seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Frank Mastandrea, 5932 Kemerer Hollow Road, believes Council is being pushed by a small number of people in the community to stop drilling and not representing what the majority of people want. He is concerned that car 10/27/2016 Regular Voting Meeting – Wednesday, October 19, 2016 Council will ignore the recommendations of the Planning Commission and asked that Council not schedule any public hearings until all comments are received. Mr. Morrison responded that Council does not plan to ignore the Planning Commission’s recommendations and the proposed schedule for the public hearing gives the Commission plenty of time to comment. Art Hawk of 4460 Old William Penn Highway expressed concerns that Council would not consider the recommendations of the Planning Commission and that the proposed ordinance “goes against what the state says.” Mr. Morrison interjected and clarified that the state’s recommendation [of a 500’ setback from the wellbore] is a minimum and the Municipality has the right to set the distance at whatever it chooses based on a lot of different factors. He said that this is the second iteration of the ordinance, which was interrupted by Act 13 and the Supreme Court Decision. The Municipality had an ordinance in place which was in compliance, to most extent, with the 1987 Oil and Gas Act as it existed, which changed when the state passed Act 13 and created, essentially, a one zoning scheme for all Municipalities in Pennsylvania. The Supreme Court found that to be illegal and, at that point the Municipality decided to review the existing ordinance and to explore and develop an ordinance, within the zoning powers given to the Municipality under the MPC. Mrs. Kearns added that the comments will be received from the Planning Commission and looked to see if they have something that Council has missed; they won’t be ignored. She said the Commission cancelled the meeting to allow the members more time to study the draft ordinance and to give each individual member the opportunity to submit comments. Mr. Morrison further explained that, seven years ago, a committee of experts was put together (people involved in the industry, Planning Commission members, professional geologists) and that group looked at the ordinance in great detail. When Act 13 was passed and the Supreme Court decision went through, the same Shale Coalition Task Force was reconstituted with the same representation of professionals on the board, including two members of the Planning Commission, so they are aware of the process and participated in that process. Mr. Morrison said he would glad to meet with Mr. Hawk to give him background on the process. Norman Franke, 4816 Sardis Road, concurred with several concerns raised at the last Planning Commission meeting about certain provisions in the ordinance. He is concerned with the limited time between the Commission’s review and the Council meeting. He asked Council to change the setback to the 500’ from the wellbore to an occupied structure recommended by the State and eliminate the buffer zone; finally, he asked that Council remove the requirement for natural gas drillers and other companies to show their financial investment, economic contributions and development activity will not violate someone’s right to clean air and pure water demanded under the unachievable language contained in the Environmental Rights Amendment. Vickie Higgins of Kistler Drive, Washington Twp. (owns an interest in 4185 Farm Road) attended the last Planning Commission meeting and said that Commission members were “in awe” at the discrepancies in the maps and different things that were going on. She urged Council not to hold the public hearing on Nov. 30 in order to give Council time to review the Commission’s comments and get additional public input. car 10/27/2016 Regular Voting Meeting – Wednesday, October 19, 2016 Jerianne Benish of 2869 Schade Hill Rd., Irwin (owns property on Hills Church Rd.) said that industry experts were not involved in drafting the ordinance in the beginning. Mr. Morrison said that is not true; there is a man who lives in Murry Woods who has a very responsible position with a company in developing well pad sites and attended/actively participated in the meetings. She asked that Council adopt the 500’ minimum setback recommended by the state because it is safe. Mrs. Kearns commented that she attended the Planning Commission meeting and that members were not prepared when the ordinance was presented to them, which was clearly reflected in some of their comments. For that reason, they wanted more time to put together their written comments, which will be presented to Allen Cohen. The information was made available to them and when their comments are submitted, they will be duly considered. Mr. Morrison said that, through the process, all that the industry asked was to be treated as any other developer in the community. Staff went to great pains with adjustments within the proposed pending ordinance to do that by moving certain items – land development issues – from the ordinance into the SALDO ordinance. He referred to comments made about requiring certain studies and noted that those requirements are all in the ordinance now and are required of any development in the Municipality. Nothing is being asked of any developer who wishes to develop a well pad in the community to anything else than what is expected of any developer in the community. Municipal Planner Allen Code explained that the public hearing is required under the Planning Code and must be held before consideration for a vote; prior to a vote, it must be advertised and be made available for public review. The public hearing is the avenue for gaining input from the community, as well as comments from the County and Planning Commission. Those comments will be presented at the public hearing, after which Council can deliberate on holding the hearing, continuing the hearing, making revisions, etc. If revisions are made which are determined to be “substantial,” the ordinance must go back to the County and the Planning Commission. WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 11A. DISCUSSION ON S-9-16, WEIR SUBDIVISION, 3893 WINDOVER ROAD, 49-11-00-0-185, 2 LOTS. William Weir, 3892 Windover Road, said he believes he should not be subject to the $1,250 fee-in-lieu because: (1) his family has donated the use of part of the subdivision property for the Municipality’s repeater station for over 20 years; and (2) if the repeater station was not on the property, the family would have easier access for a driveway rather than adding an additional 650 of driveway to access Windover Road. He asked if the money is in lieu of the land as a developer and was told it was. His children want to retain the land as a farm and he suggested that if they ever want to subdivide and develop the land, they could approach Council and pay the fee-in-lieu at that time. car 10/27/2016 Regular Voting Meeting – Wednesday, October 19, 2016 Allen Cohen explained that the proposed subdivision will be creating one 11-acre new building lot and would need approval for an on-lot septic system, which would be a condition before recording the plan. If Council is inclined to grant the request, it would be in the form of a waiver or modification and, if so, it should be noted that the reason given for the modification or waiver is unique to the circumstances of this plan so that no precedent is set for future subdivision applications filed and subject to a fee-in-lieu. Mrs. Lee Korns asked for history on the agreement with the Municipality. Mr. Morrison explained that a portion of the property is one of the highest points in Murrysville and a site was needed for the radio equipment and repeater station for emergency services and the public works department. There was discussion on the use of the driveway existing on the property and the number of years the lease has been effect. Solicitor Kotjarapoglus said he would look at the lease and see if it can accommodate Mr. Weir’s use so that both the repeater station and the dwelling can use the driveway. Municipal Engineer Joe Dietrick checked the records and found that the lease was signed in 2000 for 20 years. Mr. Kepler had concerns about the waiver becoming a precedent and would like details of any specific conditions put on the plan. Mr. Morrison said it is part of the SALDO but it’s certainly within Council’s right to waive it and place conditions in order to forego any future precedent setting action. The fee-in-lieu ordinance is set up to get land; the intent is to provide land within subdivisions for active or passive recreation and if the developer chooses not to give land for that purpose, then they pay the fee. In most instances, developers have chosen to pay the fee in lieu of giving land and, in most instances, that fee has been directed for improvements at the Community Park. He believes the expense for the Municipality to find a suitable location and relocate the equipment, as well as the benevolence of the family in letting the Municipality use the property, would be much more than the requested $1,250. This item will be on the next meeting agenda for a vote. 11B. DISCUSSION ON SCHEDULING PUBLIC HEARINGS FOR DRAFT ORDINANCE NO. 930-15, AN ORDINANCE AMENDING THE ZONING ORDINANCE REGULATING OIL AND GAS DRILLING, AND ORDINANCE NO. 955-16, AN ORDINANCE AMENDING THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE. Allen Cohen explained again that it is a requirement of the Planning Code to hold a public hearing and give the public the opportunity to provide input at the beginning of the process that could result in the adoption of the ordinance and can only be held after the 45-day period has elapsed. Rather than holding the hearing in conjunction with a regular Council meeting, it was suggested that the public hearing be held on a separate date, given the expected amount of input from residents. The only requirement is two weeks of advertising prior to the hearing. The 45-day period for comments ends Nov. 18, which will be the first day the Municipality can conduct a hearing. Mr. Morrison explained that evidence will be presented at the hearing, which will include the process staff went through to establish the overlay district, verify the mapping, and invite Mr. Sittig to attend. He said this will be an opportunity, as a community, to establish a record of the process of the ordinance so that if it is ever challenged, there will be a record to defend the Municipality’s position. There was car 10/27/2016 Regular Voting Meeting – Wednesday, October 19, 2016 discussion on a date for the hearing and a tentative date is set for December 14, assuming all parties will be available. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF 2017 MINIMUM MUNICIPAL OBLIGATION (MMO) FOR THE POLICE AND NON- UNIFORM PENSION PLANS. Mr. Spadaro moved to approve the 2017 MMO in the amount $492,999.00. Mrs. Lee Korns seconded. Finance Director Diane Heming explained that this is an annual calculation that must be done to determine what payment the Municipality will put into each pension plan. The 2017 amount is based on the 2015 actuarial study and the 2017 contribution is approximately $3,000 lower than it was for 2015. The Municipality will be funding $162,999 from the general fund. There were no questions from Council. Upon a roll call vote: Mr. Perry – yes, Mrs. Lee Korns – yes, Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. 13B. CONSIDER THE RESIGNATION OF BILL VANCE FROM THE PENSION PLAN INVESTMENT MANAGEMENT COMMITTEE AND SEND A NOTE OF THANKS FOR HIS SERVICE. Mr. Kase moved to accept the resignation, send a note of thanks and advertise the opening. Mr. Kepler seconded. Mr. Morrison said Mr. Vance has made a great contribution to the committee and he’s sorry to see him leave. There was discussion about a replacement; Mrs. Kearns said it would have to go through the same advertisement, interview procedure as the other appointees. Upon a roll call vote: Mr. Perry – yes, Mrs. Lee Korns – yes, Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL TO SCHEDULE PUBLIC HEARINGS TO BE HELD ON WEDNESDAY, NOVEMBER 30, 2016, FOR DRAFT ORDINANCE NO. 930-15, AN ORDINANCE AMENDING THE ZONING ORDINANCE REGULATING OIL AND GAS DRILLING, AND ORDINANCE NO. 955-16, AN ORDINANCE AMENDING THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE. Mr. Perry moved to table the public hearing until a definitive date is chosen when all parties are available. Mr. Spadaro seconded. All present voted aye. Motion approved. car 10/27/2016 Regular Voting Meeting – Wednesday, October 19, 2016 ENGINEERING: 15A. CONSIDER AUTHORIZATION TO APPLY TO THE WESTMORELAND COUNTY PLANNING DEPARTMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR FRANKLIN STREET. Mrs. Lee Korns moved to authorize the application. Mr. Kase seconded. Municipal Engineer Joe Dietrick explained the project and said that staff also applied for funding through the Dirt, Gravel and Low Volume Road program so that both can be combined to create a new road for the citizens and not cost the Municipality any money. As part of the CDBG program, it is a requirement that Council pass a motion to apply for the grant. Mrs. Kearns asked if the road would be noisy because of the brick. Mr. Dietrick explained that this is a different type of brick and there won’t be a problem. Mr. Morrison explained that CDBG funds can only be used where residents meet certain income levels and Murrysville is limited as to where the money can be used. Upon a roll call vote: Mr. Perry – yes, Mrs. Lee Korns – yes, Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. PUBLIC WORKS AND PARKS: 16A. CONSIDER APPROVAL FOR THE HIGH BID FOR ONE CAR FROM THE SURPLUS VEHICLE SALE. Mr. Kase moved to approve the sale of a 2007 Crown Victoria for the sum of $2,150. Mr. Spadaro seconded. Upon a roll call vote: Mr. Perry – yes, Mrs. Lee Korns – yes, Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Kase - yes. Motion approved. OLD BUSINESS: None. NEW BUSINESS: Letters to be written and advertisement for the Pension Committee vacancy. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:20 p.m. to discuss a Personnel Issue, a Legal Issue and a Real Estate Issue and reconvened at 9:06 p.m. ACTION ITEMS: ADJOURNMENT: Mr. Kase moved to adjourn. Mr. Spadaro seconded. All present voted aye. Motion approved. The Council Meeting concluded at 9:07 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 10/27/2016