Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, November 2, 2016 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, November 2, 2016 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members David Perry, Loren Kase, Joan Kearns, Tony Spadaro, and Josh Lorenz. Absent from the meeting were Councilpersons Jamie Lee Korns and Jeffery Kepler. Also present were Mayor Robert Brooks, Chief Administrator James Morrison, Solicitor George Kotjarapoglus and Municipal Planner Allen Cohen. MAYOR BROOKS WELCOMES FRANKLIN REGIONAL STEM TEAM Mayor Brooks introduced Amy Smith, a teacher at Franklin Regional High School and the advisor to the STEM team. The team competed in the Governor’s competition and scored in the top ten teams in the state. The five members of the team introduced themselves and mentioned their favorite part of STEM. Mayor Brooks also welcomed Ron Suvak, principal of Franklin Regional High School, who said he is honored to serve as principal of the high school and that he is very proud of the students. Ms. Smith explained the program and the fact that the group had to choose an industry consultant to work with on their project; this year the group worked with EHS Support. The students chose potholes as their project and created a GIS pothole mapping system to show existing potholes and allow residents to report the hole in their respective communities and then track when the repairs are made. They made a power point presentation of their project and explained how they created the app, how it is used and potential areas of improvement. Mayor Brooks presented each student with a Certificate congratulating them for their efforts and recognition on the state level. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None. Mr. Spadaro moved to approve the agenda as presented. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. OCTOBER 19, 2016 MEETING MINUTES TO BE APPROVED Mr. Lorenz moved to approve the Consent Calendar items. Mr. Perry seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Cindy Gesuale, 3051 Hoy Farm Road, addressed comments made by both the Chief Administrator and Municipal Planner at the recent Planning Commission meeting concerning the 800-foot setback proposed in the pending oil and gas ordinance. She suggested that Council adopt the State’s 500 foot requirement measured from the well bore and asked to delay a public hearing. Mr. Morrison qualified that his statement was “peer review” information; Mr. Cohen explained his comment about infringement on property rights was taken out of context and was made in response to a comment that car 11/4/2016 Regular Voting Meeting – Wednesday, November 2, 2016 people had property rights; he stated that zoning is inherently an infringement on what one can do with his/her property because zoning gives limitations and controls land use of the property and not everyone can do everything they want to do. Mrs. Kearns asked if the minutes of the Planning Commission could be made available to Council. Mr. Morrison said he has asked the Administrative Assistant to type the minutes as close to verbatim as possible and they would be given to Council when finished. Norman Franke, 4816 Sardis Road also commented on the previous night’s Planning Commission meeting and noted that the Commission voted unanimously not to recommend the passage of the proposed ordinance in its current form. He feels the entire process needs to slow down and the public hearing should be delayed. Art Hawk of 4460 Old William Penn Highway had the same concerns and felt the ordinance isn’t ready for a public hearing yet. He commented that someone said the language in the ordinance is very hard to read, but if it contradicts itself, maybe the whole thing needs looked at again. He also believes the 500-foot setback needs to be reconsidered because the rights of the landowners are being taken away; the way the ordinance now reads, it makes it prohibitive to drill anywhere. Referring to his comment that the setback is a political decision, Mr. Morrison explained that it was taken out of context and that his comment was that there is no peer review evidence available currently which is backed up by experts that were present at the meetings in the Municipality that says that 500, 800 or 1200 feet is the right setback. He also said that, because of the local zoning decisions (which the Municipality has the power to do under Act 13), it’s a community by community decision. The rules and regulations that each community comes up with are pertinent to that particular community because each community is unique and the zoning power rests with …[indicating Council]. After attending three meetings, Mr. Hawk’s opinion is that Murrysville is anti-drilling. Mr. Morrison said that can’t be any further from the truth. Mrs. Kearns commented that the 500’ in the State regulation is a minimum, not a maximum. Council, as a local governing body, through Act 13, can go beyond that, but must always be reasonable. She said that subsurface access now goes out 10,000 feet, which means that a well drilled on the fringes of the community can reach gas 10,000 feet away – topographically and geologically permitting. The idea is to locate wells in areas where they will have the least negative impact and yet allow people with leases to profit from those leases by underground access. Mr. Morrison added that, at the same time, [the ordinance] must consider protecting the residential character of the community. 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, which is a fine line to walk. car 11/4/2016 Regular Voting Meeting – Wednesday, November 2, 2016 WORKSHOP ITEMS ADMINISTRATION: 9A. DISCUSSION CONCERNING A POLICY FOR THE USE OF TRAFFIC SIGNAL PREEMPTION DEVICES. Mr. Morrison explained that when the signalization was put in on Rt. 22, the Municipality made a financial commitment to put preemption equipment on all the lights to expedite emergency response, not only within the community, but through Monroeville to the intersection of Rt. 48. He feels it is necessary that a policy be put in place to outline the proper use of the preemption because there is risk and liabilities associated with the use of the equipment. A policy has been proposed, which essentially came from the police department, and staff is proposing to take the policy to the three fire companies and Medic One. The policy has been forwarded to those entities and comments were requested. Mr. Morrison heard from Medic One and White Valley Fire Co. No response came from Murrysville or Sardis Fire Companies. The intent is to invite the Chiefs to review the policy with the Chief of Police and, if necessary, Sgt. Kusinsky or the Chief will go to the station and walk them through the procedure. Mayor Brooks asked if Monroeville had a policy; Mr. Morrison said he didn’t know. Mayor Brooks suggested that, since several of the lights are in Monroeville, the policy should be given to Monroeville as a guide once it has been approved. Mrs. Kearns asked if it would make sense to ask for Monroeville’s review of the policy. Mr. Morrison that could be done; however, the training and liability exists with the Municipality’s drivers (the Municipality owns the equipment). He explained possible conflicts with the speed of the vehicle and the pedestrian buttons. Mrs. Kearns asked the Solicitor to review the policy. Council agreed to wait to hear from the other fire companies and the Solicitor before making any decision on the policy. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER AUTHORIZATION TO ADVERTISE FOR THE 2017 OPERATING BUDGET WORKSHOP AND PUBLIC HEARING TO OCCUR ON NOVEMBER 16, 2016, AT A TIME SPECIFIED BY COUNCIL. Mr. Kase moved to approve the advertisement. Mr. Spadaro seconded. Mr. Kase amended his motion to include that the Public Hearing will take place at 7:00 p.m. with the Workshop immediately following. Mr. Spadaro seconded the amendment. Upon a roll call vote: Mr. Perry – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Amended motion approved. Upon a roll call on the main motion, as amended: Mr. Perry – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion, as amended, approved. car 11/4/2016 Regular Voting Meeting – Wednesday, November 2, 2016 13B. CONSIDER AUTHORIZATION TO ADVERTISE FOR BOARDS, COMMISSIONS, AND COMMITTEES CANDIDATE INTERVIEWS. Mr. Perry moved to approve the advertisement to schedule the interviews on December 21, 2016 at 6:00 p.m. Mr. Kase seconded. Upon a roll call vote: Mr. Perry – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. 13C. CONSIDER APPROVAL OF THE PUBLIC WORKS CONTRACT FOR THE PERIOD JANUARY 2017 TO DECEMBER 31, 2022. Mr. Lorenz moved to authorize the Municipality of Murrysville to enter into a five-year agreement with the unionized employees of the Murrysville Public Works Department. Mr. Spadaro seconded. Mr. Morrison explained that the negotiating committee and union representative held four meetings over the past several months and, although there were several items in dispute, there remained four points of concern: (1) five-year contract; (2) proposed wage increase of $.74/hour for each year of the contract; (3) proposed increase in the ceiling of the accumulated major medical days from 70 to 100; (4) clarification of the contract language concerning payment of hourly rates at job classification assigned. The Union has voted to accept the negotiated terms. There were no questions from Council. Upon a roll call vote: Mr. Perry – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. 13D. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 958-16, AN ORDINANCE ACCEPTING A DRAINAGE EASEMENT AGREEMENT FROM MATT ALSOP, 3075 CARSON AVENUE, MURRYSVILLE, PA. Mr. Kase moved to approve the advertisement. Mr. Perry seconded. Mr. Morrison explained that, as part of the development of the parking lot at the Community Center a rain garden was built and provisions need to be made for possible overflow. The easement solves several problems: relieves the drainage problem on Haymaker Field, provides for the overflow at the parking lot, and provides storm water management for the trail when it is developed. Mr. Morrison presented a depiction of the area and the proposed easement and said Mr. Alsop’s property will be enhanced by granting the easement. There were no questions from Council. Upon a roll call vote: Mr. Perry – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. car 11/4/2016 Regular Voting Meeting – Wednesday, November 2, 2016 COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL OF S-9-16, WEIR SUBDIVISION, 3893 WINDOVER ROAD, 49-11-00-0-185, 2 LOTS. Mr. Spadaro moved to approve subject to the conditions listed in the report. Mr. Perry seconded. There were no comments from staff or Mr. Weir. Mr. Kase asked for confirmation that the there is no intent to not lease the property to the Municipality. He said it’s been a very good relationship for many years, but sometimes when property is changed, other things change with it. Three were no other questions or comments. Upon a roll call vote: Mr. Perry – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. 14B. CONSIDER APPROVAL TO SCHEDULE PUBLIC HEARINGS TO BE HELD ON WEDNESDAY, DECEMBER 14, 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 this item until the next Council meeting when all members are present. Mr. Cohen explained that the hearing must be advertised for two consecutive weeks prior to the recommended hearing date, which means it must be advertised by November 30. Mrs. Kearns confirmed that Attorney Sittig and the GIS representative are both available on Dec. 14. Mr. Morrison explained how the hearing will be conducted, the information that will be discussed, and the process that staff went through to get the pending ordinance to its current form. Mr. Cohen said the public hearing is the vehicle to formally solicit all the official public input into the process. This will allow Council to consider that input and maybe recommend changes in the ordinance to deal with the comments made by the County, Planning Commission and the public. Any substantive changes have to go back to the County for review. The motion to table died for lack of a second. Mr. Perry moved to schedule the Public Hearings for December 14, 2016 at 7:00 p.m. Mr. Spadaro seconded. Mr. Morrison said there may be individuals and/or organizations that want to make presentations to support their position which could be longer than a few minutes and asked if the advertisement should suggest that they pre-register with the Municipality and indicate a longer time requested. Mr. Perry asked if staff could request detailed information on the presentations of those that ask for more time. He would prefer everyone having the same amount of time but providing written documentation of their positions for Council to review. Mr. Lorenz suggested that everyone have the same amount of time, but they can submit detailed writings to substantiate their position for Council’s review. It was the general consensus that everyone should have 3 minutes and submit any additional documentation in writing. Upon a roll call vote: Mr. Perry – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. car 11/4/2016 Regular Voting Meeting – Wednesday, November 2, 2016 OLD BUSINESS: None. NEW BUSINESS: None. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:22 p.m. to discuss the Volunteer of the Year and reconvened at 8:42 p.m. There was no action coming out of the session. ACTION ITEMS: ADJOURNMENT: Mr. Kase moved to adjourn. Mr. Spadaro seconded. All present voted aye. Motion approved. The Council Meeting concluded at 8:42 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 11/4/2016