Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, December 21, 2016 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 21, 2016 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Tony Spadaro, Jeffery Kepler, Jamie Lee Korns, Loren Kase, Joan Kearns, and Josh Lorenz. Absent from the meeting was Councilman David Perry. Also present were Mayor Robert Brooks, Chief Administrator James Morrison, Solicitor George Kotjarapoglus, Finance Director Diane Heming, and Municipal Planner Allen Cohen. PRESENTATION BY MAYOR BROOKS 2016 COMMUNITY SERVICE AWARD TO MURRYSVILLE MEALS ON WHEELS AND WESTERN WESTMORELAND COUNTY FAITH IN ACTION (MURRYSVILLE) AND COUNCIL 2016 VOLUNTEER OF THE YEAR AWARD TO BEN SAMPSON Mayor Brooks said he had a hard time picking one person/group for the Community Service Award so he selected two that he believes are the best at giving Murrysville’s senior citizens dignity and quality of life, helping to keep them in their homes and live a pretty normal life. Lynn Staub, the coordinator for Meals on Wheels, was in attendance to speak about the origin of the program (1972), the services provided, number of volunteers (200+), number of clients (60) and opportunities for others to serve. Mayor Brooks commented on the fact that the volunteers delivering food check on the homebound four times a week to make sure they are okay. If no one answers the door, the volunteers have a back-up plan to contact a neighbor or relative in case of an emergency. Mayor Brooks presented Lynn with an engraved plaque as a recipient of the 2016 Community Service Award for dedicated service to the community. Ms. Staub thanked the Mayor and accepted the award on behalf of all the volunteers. Mayor Brooks then called up the members of Faith in Action present at the meeting. Bobbi Watt-Gear, a Murrysville resident, is Regional Vice President of United Way for Southwestern Pennsylvania and is responsible for running the programs and services in Westmoreland and Fayette Counties. She explained that United Way looked at the needs of the community and determined that seniors were being underserved. Working with donors and community leaders, a program already in place across the country (Faith in Action) was expanded to provide needed services in the area. Over the past 8 years, Faith in Action has provided over 100,000 hours of volunteer service to seniors in the community and currently actively service over 2,000 older adults in the community. The other group members spoke about their roles with Faith in Action and what they enjoy most while working with the organization. Karen Horchak, Program Director, explained that a second office has been opened in Penn Township and there are over 160 volunteers currently servicing more than 400 seniors in that area. She explained that they partner with skilled people, churches and youth groups to provide services in addition to transportation. The Mayor presented the group with an engraved plaque recognizing its service to the community. car 1/9/2017 Regular Voting Meeting – Wednesday, December 21, 2016 Council President Joan Kearns introduced Ben Sampson and recalled his contributions to the community, including serving on the Parks Commission. Mrs. Kearns discussed the Sampson Toll House and the work being done on that building, Mr. Sampson’s work with the barn at MCP and the Staymates house, and his involvement with acid mine drainage affecting Lyons Run Creek. She also mentioned that Mr. Sampson is the third generation of the Sampson family in the community, and has a son (4th generation) also living in Murrysville. Mr. Sampson said one of the best things about living in Murrysville is the opportunity to meet so many wonderful people and the volunteers that do so much for the community, and that he appreciates working with the members of the Park Commission, the Conservancy and the Historical Society. He thanked Council and the Mayor for the recognition as the 2016 Volunteer of the Year and was presented with an engraved plaque by President Kearns thanking him for his service to the community. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None. Mr. Kepler moved to approve the agenda as presented. Mrs. Lee Korns seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS Mr. Lorenz moved to approve the Consent Calendar items. Mr. Kase seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Sanjeev Bahri of 3508 Regent Court, representing the residents of the Clifton Vista development, came before Council to request that the Municipality take over maintenance of the roads in the development. He explained that the developer failed to file the appropriate documents requesting the adoption of the roads by September 1. Residents are now having problems with the developer not maintaining the roads. Additionally, the ordinance regarding Municipal road adoption was changed from five years for adoption to 75% completion of the homes before adoption. Maintenance of the roads has now become a safety issue. Also, many of the residents are physicians and need to get to the hospital quickly in the event of an emergency. Mr. Morrison said that a similar issue occurred in the Siena Ridge development and later in Council’s agenda, there is a request for release of bond for the Clifton Vista development. All of the requirements have been met and the only outstanding issue is notification from the developer, which is required as part of the ordinance. WORKSHOP ITEMS ADMINISTRATION: None. car 1/9/2017 Regular Voting Meeting – Wednesday, December 21, 2016 ENGINEERING: None. COMMUNITY DEVELOPMENT: 11A. DISCUSSION CONCERNING SCHEDULING A WORKSHOP TO DISCUSS THE COMMENTS OF THE OIL AND GAS PUBLIC HEARINGS. Mr. Morrison reminded Council that a public hearing was held on Dec. 14 and a number of comments were brought forward by Huntley & Huntley and Atty. Bill Sittig, Special Counsel to the Municipality. There were opinions given on possible wording changes in the ordinance. Staff is proposing that Council hold a meeting to follow up on the comments given at the hearing and to direct staff to make any changes that Council may feel are necessary. He noted that, if changes are made, the ordinance will have to go through the 45-day period again, as well as notification to Planning Commission and the County, as well as schedule another public hearing. In response to the comments made at the public hearing, staff has been working on looking at some of the wording changes and will be prepared to address any questions from Council. He advised that the transcript from the public hearing has been received and is available to Council, Planning Commission and Solicitor; however, if any resident wishes to have a copy, the stenographer must be contacted directly and a fee will be involved. Mr. Kepler asked if only slight word changes were made, would the whole process have to be repeated? Mr. Morrison said that only if “substantive” changes were made, based on comments made by Special Council, he suspects the 45-day period and notification would be required. Following discussion among Council members, it was decided to hold a workshop on the ordinance separate from the regular Council meeting and it will be scheduled for January 18 and the regular voting Council meeting changed to January 25. Council requested that Mr. Sittig attend the workshop on January 18 if he is available. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF ORDINANCE NO. 956-16, 2017 TAX ORDINANCE. Mr. Lorenz moved to approve the Ordinance. Mr. Kepler seconded. Finance Director Diane Heming explained that the tax rate is the same, the Special Purpose Fund has been eliminated (Medic One and Library contributions will come from the General Fund), and there is no tax increase. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Lorenz - yes. Motion approved. 13B. CONSIDER APPROVAL OF ORDINANCE NO. 957-16, 2017 SALARY ORDINANCE. Mr. Kepler moved to approve the Ordinance. Mr. Spadaro seconded. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Lorenz - yes. Motion approved. car 1/9/2017 Regular Voting Meeting – Wednesday, December 21, 2016 13C. CONSIDER APPROVAL OF RESOLUTION NO. 665-16, 2017 BUDGET. Mr. Kase moved to approve the Resolution. Mr. Kepler seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Lorenz - yes. Motion approved. 13D. CONSIDER APPROVAL OF ORDINANCE NO. 959-16, 2017 FEES ORDINANCE. Mrs. Lee Korns moved to approve the Ordinance. Mr. Spadaro seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Lorenz - yes. Motion approved. 13E. CONSIDER APPROVAL OF ORDINANCE NO. 960-16, AN ORDINANCE AMENDING THE MURRYSVILLE CODE, CHAPTER 47, PERSONNEL POLICIES, TO ESTABLISH THE 2017 CONTRIBUTION LIMIT OF $2,600 FOR FLEXIBLE MEDICAL SPENDING ACCOUNT CONTRIBUTIONS. Mr. Lorenz moved to approve the Ordinance. Mr. Spadaro seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Lorenz - yes. Motion approved. 13F. CONSIDER APPROVAL OF ORDINANCE NO. 961-16 FOR PURCHASE OF THE BAILEY HOUSE. Mr. Kepler moved to approve the Ordinance authorizing the purchase of property at 3963 Reed Boulevard, Murrysville known as the Bailey property, for $143,000, and direct the Solicitor to draw up an Agreement of Sale. Mr. Spadaro seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Lorenz - yes. Motion approved. 13G. CONSIDER AUTHORIZATION TO ADVERTISE FOR ENGINEERING CONSULTING SERVICES. Mr. Spadaro moved to authorize advertisement for a two-year contract for consulting engineering services. Mr. Kepler seconded. Mr. Morrison advised Council that one person in the Engineering department will be retiring and notice has been received from the existing consulting engineer that they wish to terminate the services. The advertisement will provide the opportunity to solicit proposals and interview potential candidates for the position. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Lorenz - yes. Motion approved. car 1/9/2017 Regular Voting Meeting – Wednesday, December 21, 2016 COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL OF REVISION TO SP-3-16, SHEETZ REBUILD LAND DEVELOPMENT PLAN, ROUTE 22 AND SCHOOL ROAD SOUTH. Mr. Lorenz moved to approve the revision. Mr. Kase seconded. Bob Franks, Project Manager for Sheetz, reminded Council that a revision to the original approved plan was presented to Council at the previous meeting. After discussion, some of the items of concern were added to the revised plan; however, the Sheetz senior management and design groups feel the need to have two-way traffic along the eastern side of the building. Paintings on the parking in 3 different locations were added to direct traffic when first entering the lot directing traffic to the drive-thru and car wash. Directional signs to be erected on posts were also added and the parking area along the east side has been designated as employee parking. Mr. Lorenz asked if this pattern has been utilized at other Sheetz locations and, if so, what has been his experience. Secondly, has the traffic pattern been used at other locations with the heavy traffic at the Murrysville site? Mr. Franks said that, as far as inter-parcel traffic flow, this is a pretty standard lay-out. Also, the space allotted for the travel space is a bit larger than typical – 25/30 feet as opposed to 20/25 feet as in many other developments. He cited other stores with similar traffic volume and said they have found no problems with the design. There was additional discussion about the two-way traffic and drive-thru area. Mrs. Kearns is troubled by all of the convergence of the traffic lanes in one space and indicated that she will not vote to approve the revised plan. Mr. Lorenz asked Mr. Franks if Sheetz is agreeable to the conditions noted in the Council briefing and Mr. Franks answered affirmatively. Mrs. Lee Korns said she feels comfortable with the changes made per Council’s request and also noted that she has visited several stores with similar lay-outs and found no problems. Mrs. Kearns said it didn’t look like the employee parking area had been moved from the original plan. Mr. Franks said the original plan allowed for employee parking along School Road. There were no further questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – no, Mr. Lorenz - yes. Motion approved. ENGINEERING: 15A. CONSIDER RELEASE OF THE BOND BEING HELD TO INSURE COMPLETION OF THE REQUIRED IMPROVEMENTS IN THE CLIFTON VISTA DEVELOPMENT. Mr. Kase moved to release the bond being held for the completion of the required improvements in the Clifton Vista development. Mr. Kepler seconded. car 1/9/2017 Regular Voting Meeting – Wednesday, December 21, 2016 Mr. Morrison said that if Council wants to consider the request made by the Clifton Vista residents, there will have to be an ordinance to accept the roads, if that is Council’s desire. Mr. Kepler asked Mr. Morrison to again explain the prior issue similar to this one. Mr. Morrison said that the Sienna Ridge development was approved prior to the amending of the ordinance; state law controlled that applicable development regulations had a five- year grant of authority. Based on that law and following discussions with the Municipality’s solicitor and the attorney for Sienna Ridge, it was determined that it was applicable and that they were regulated by the previous ordinance. Mr. Kepler said that, in this case, the developer has met all the requirements under the prior ordinance. Mr. Morrison said “except for the notification date for request for acceptance by the Municipality.” The request for acceptance letter was received at the end of November. Mr. Kepler asked if Council approves moving forward with the process, how soon can it be completed so that the Municipality can start maintaining the roads? Mr. Morrison said that, technically, it should be when the enabling legislation is passed, but if Council wants to authorize staff to proceed, they may be able to do that. Solicitor Kotjarapoglus said he would like to look at the ordinance but will try to speed it up if he can. Mr. Kepler asked if any pressure could be put on the developer, since this is a safety issue, while Council is trying to work this out. Mr. Morrison said the developer has been before Council in the past and he is trying to put the burden on the homeowners’ association that has yet to be established, so the residents are in a very difficult situation at this point. Mrs. Kearns asked about the length of roadway to be maintained. Mr. Morrison said it is probably less than ¼ mile. Mr. Kepler said he would like to see this moved along as quickly as possible. Mr. Kepler moved to amend the original motion to direct the Solicitor to review the road ordinance pertaining to road acceptance and direct staff to proceed pending that review. Mr. Kase seconded. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Lorenz - yes. Amended motion approved. The original motion, as amended, is to release the bond being held to insure completion of the required improvements in the Clifton Vista development and to direct the Solicitor to review the original ordinance pertaining to road acceptance and, pending that review, direct staff to proceed with acceptance. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Lorenz - yes. Original motion, as amended, approved. 15B. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 962-16, ACCEPTING TWO DETENTION BASINS AND ASSOCIATED PARCELS OF LAND IN THE MALLARD LANDING DEVELOPMENT. Mr. Lorenz moved to authorize advertising the ordinance accepting property and stormwater management facilities from Bulltown Associates, L.P. Mr. Kepler seconded. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Lorenz - yes. Motion approved. PUBLIC WORKS AND PARKS: None. OLD BUSINESS: None. car 1/9/2017 Regular Voting Meeting – Wednesday, December 21, 2016 NEW BUSINESS: None. EXECUTIVE SESSION: None. ACTION ITEMS: None. Mrs. Kearns noted that two positions are open on the Environmental Advisory Council and no applications have yet been received. ADJOURNMENT: Mr. Kase moved to adjourn. Mr. Spadaro seconded. All present voted aye. Motion approved. The Council Meeting concluded at 8:20 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 1/9/2017