Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, January 25, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, January 25, 2017 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Josh Lorenz, Tony Spadaro, David Perry, Jeffery Kepler, Jamie Lee Korns, Loren Kase, and Joan Kearns. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George A. Kotjarapoglus, Finance Director Diane Heming, Public Works and Parks Director Bob Bell, Recreation Director Carly Greene, Special Events Coordinator Amy Wengrzyn, and Municipal Planner Allen Cohen. MAYOR BROOKS WELCOMES ACCESSABILITIES, INC. Mayor Brooks welcomed five representatives of AccessAbilities, Inc. Debra Vendetti, the Executive Director, explained that the organization has been in existence for 60 years and provides early intervention programs and personal assistance services, including physical and occupational therapy, for people with both physical and intellectual disabilities. Ms. Vendetti explained how to contact AccessAbilities for services and how the staff will assist and coordinate those services needed for family members. Since it is a non-profit organization, the group holds several fundraising events throughout the year to fill the gap between the cost of services and reimbursement received through government waiver programs. Staff thanked the many local vendors that have generously donated gifts to be used for raffles. The group currently has over 200 employees and is hiring additional staff. Mayor Brooks then presented a certificate of appreciation to the group for enriching the lives of so many. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Under Old Business – add Item No. 17A – Consider appointment to the Planning Commission and EAC. Mr. Kepler moved to approve the agenda as amended. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: 4A. ACCOUNTS PAYABLE 4B. INVESTMENTS AND TRANSFERS 4C. DECEMBER 21, 2016 MEETING MINUTES TO BE APPROVED Mrs. Lee Korns moved to approve the Consent Calendar Items. Mr. Spadaro seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Several members of the community addressed Council on the pending oil and gas ordinance, including: Barbara Sims, 3837 Hills Church Road (copy of presentation on file with the minutes) car 2/18/2017 Regular Voting Meeting – Wednesday, January 25, 2017 Art Hawk, 4460 Old William Penn Highway (pro-development & in favor of independent energy & less regulations) Jen Copeland, 3111 Deerfield Court (copy of presentation on file with the minutes) Alyson Holt, 4830 Primrose Lane (copy of presentation on file with the minutes) Phyllis Sheehy, 2354 Mt. Vernon Avenue Rachel Emanuele, 3226 Hawthorne Court (fracking harmful to infants & young children-do not reduce setback) Cindy Gesuale, 3051 Hoy Farm Court (eliminate Environmental Rights Amendment from SALDO) Norman Franke, 4816 Sardis Road Donna Beech, 411 Robbins Station Road, N. Huntingdon (owns property in Murrysville)(in favor of drilling) Jason Bittel, 3785 Haney Court (copy of presentation on file with the minutes) Dennis Skeers, 3965 Murry Highlands Circle (copy of presentation on file with the minutes) Ted DeCesare, 2405 Francis Lane Ed Valentas of McMurray, Land Manager for Huntley & Huntley, presented Council with a packet of information about the development of oil and gas regulations in Pennsylvania Dr. Cynthia Walters of Essex Drive, Greensburg, also presented Council with information and updated evidence regarding impacts and risks for citizens from unconventional gas drilling. Lauren Gentile, 4613 Bancroft Street, Pittsburgh, addressed Council on behalf of Huntley & Huntley regarding the setbacks and eliminating the Environmental Rights Amendment from the SALDO. A document from April and Allen Knizner of 317 Dogwood Drive was emailed to Mr. Morrison and is on file with the minutes. WORKSHOP ITEMS PUBLIC WORKS AND PARKS: 12A. DISCUSSION ON COMMUNITY DAY 2017. Director of Recreation, Carly Greene, presented background information on Community Day, including the amount of time spent by the Recreation Department staff on planning and solicitation of funds, as well as the Public Works Department employees in setting up, moving tables, tearing down and cleaning up the park following the event. She noted that the event either just breaks even or operates at a loss and, for that reason, staff is proposing a new event with a purpose – as a fundraiser for the Phase III expansion of MCP. A “Concert in the Park” event is suggested for 2017, with an expanded event with a signature band and warm-up bands for the future. Staff believes this new concept will create a more focused effort for the Recreation Department and less time devoted by the Public Works Department. It will also offer new opportunities for sponsorships and partnerships for this event, as well as events for future development of MCP. car 2/18/2017 Regular Voting Meeting – Wednesday, January 25, 2017 Mr. Morrison explained that staff anticipates the 2017 event to be on a much smaller scale than previous Community Day events, and it will be used as a learning experience to plan future events. The plan has not yet been completed to identify a specific project. Ms. Greene said that this type of event is being held all over the country – in large cities and small towns – and believes there is no reason it can’t work in Murrysville. Mrs. Kearns asked when staff would normally contact vendors and sponsors to plan for the event; Ms. Greene said it’s normally done in January/February, and she has already been receiving calls inquiring about the event. She explained to the callers that a meeting was being held and they would be contacted once a decision has been made. A few Council members commented and believe the event needs something new. It was the general consensus to allow staff to continue planning for the event. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 964-17 – POLICE PENSION CONTRIBUTION RATE FOR 2017. Mr. Kepler moved to approve the advertisement. Mrs. Lee Korns seconded. Finance Director Diane Heming said this is merely a housekeeping matter which must be done every year. There were no questions from Council. Upon a roll call vote: Mr. Lorenz – yes, Mr. Spadaro – yes, Mr. Perry – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns - yes. Motion approved. 13B. CONSIDER REAPPOINTING DEBLASIO & DEBLASIO ASSOCIATES AS THE MUNICIPAL AUDITORS FOR THE 2017-2019 FINANCIAL AUDITS. THE FEE FOR THIS SERVICE WOULD BE $14,000 ANNUALLY. Mr. Kase moved to reappoint DeBlasio & DeBlasio Associates as the Municipal auditors for the 2017-2019 financial audits at a cost of $14,000 annually. Mr. Spadaro seconded. Ms. Heming explained that this company has been the Municipal auditor since 2006 and the price quoted has been the same since 2014. She said they are very good and she believes it is a good firm to deal with. There were no questions from Council. Upon a roll call vote: Mr. Lorenz – yes, Mr. Spadaro – yes, Mr. Perry – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns - yes. Motion approved. 13C. CONSIDER APPROVAL OF THE DOMINION EASEMENT AGREEMENT. Mr. Perry moved to consider acceptance of a proposed Easement Agreement between the Municipality of Murrysville and Dominion Transmission, Inc. for expansion of an existing easement at the Murrysville Community Park in the amount of $81,000 and authorize the solicitor to prepare the necessary documents. Mr. Spadaro seconded. car 2/18/2017 Regular Voting Meeting – Wednesday, January 25, 2017 Mr. Morrison explained the location of the easement and the expansion of the existing right-of-way, which would involve putting in a 30” line. If an additional line is requested in the future, Dominion would have to come back to Council for further easement considerations. The Westmoreland County Conservation District viewed the site and the timber that would have to be cut and felt that the money being offered for the easement was more than sufficient. It is staff’s recommendation that the Solicitor be directed to proceed and that the $81,000 be placed in the Capital Reserve fund for future improvements at MCP. Solicitor Kotjarapoglus said the documents have already been prepared by Dominion; he has reviewed them and they are acceptable with one typo correction on the description on page 1 of the document. Dominion will be directed to correct the typo. Upon a roll call vote: Mr. Lorenz – yes, Mr. Spadaro – yes, Mr. Perry – yes, Mr. Kepler – yes, Mrs. Lee Korns – abstain as she has a family connection to Dominion but wants to make it clear that she won’t necessarily recuse herself from future votes on Dominion issues, Mr. Kase – yes, Mrs. Kearns - yes. Motion approved. 13D. REVIEW POSSIBLE AMENDMENT OF ORDINANCE NO. 961-16 FOR THE PURCHASE OF DREW BORST PROPERTY AND MOTION TO AUTHORIZE ADVERTISEMENT OF SAME TO PROVIDE (i) THAT DELIVERY OF SELLER’S DEED AMENDMENT IS IN LIEU OF CONDEMNATION WHICH IS EXEMPT FROM PAYMENT OF 2% REAL ESTATE TRANSFER TAX, OR IN THE ALTERNATIVE, (ii) WAIVE MURRYSVILLE’S EXCLUDED PARTY STATUS AND AGREE TO SHARE EQUALLY THE 2% TRANSFER TAX, 1% BY SELLER AND 1% BY BUYER. Mr. Perry moved to advertise ordinance 961-16. Mr. Kepler seconded. Solicitor Kotjarapoglus explained that in the original ordinance, Section 1, sub-paragraph A, where a reference to Murrysville as an excluded party for purpose of transfer tax was made, the Solicitor indicated the seller would be paying the transfer tax. The Seller was more inclined to share the tax, which is customary in transfers, but the Solicitor explained that it would have to come back to Council since that is in the ordinance. The alternatives would be to share the tax or take the property as in lieu of condemnation, in which case there would be no transfer tax. Following discussion, Mr. Perry withdrew his motion and then moved to advertise ordinance 961-16 to provide that Murrysville waives its excluded party status and agrees to share equally the 2% transfer tax, 1% by the Municipality and 1% by the seller with Murrysville paying $1,430.00, and clarifying that the Municipality is waiving its excluded party status for this transaction only. Mr. Kepler seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Spadaro – yes, Mr. Perry – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns - yes. Motion approved. 13E. CONSIDER APPROVAL OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF MURRYSVILLE AND WESTMORELAND COUNTY TO ACCEPT FUNDS FOR THE ROBERTS PROPERTY. Mr. Kepler moved to approve an Agreement between the Municipality of Murrysville and Westmoreland County to accept funding in the amount of $100,000 for the development of the Roberts property as a trailhead for the Westmoreland Heritage Trail. Mr. Kase seconded. car 2/18/2017 Regular Voting Meeting – Wednesday, January 25, 2017 Mr. Morrison explained that Westmoreland County had received grant funding from the PA Dept. of Conservation and Natural Resources towards the project. With those funds, bids were sent out for the construction of the trail from the Roberts property to Trafford. The bids received, and subsequent award of the contract, came in under budget and funds became available. The County is offering $100,000 of those funds to be made available to Murrysville to help with the construction of the Roberts property. The Municipality will be entering into an agreement with Westmoreland County to: (1) accept the funds and (2) to abide by the rules and regulations set up by DCNR. The project is estimated to cost around $200,000 and money has been placed in the Capital Reserve fund over the past few years. The County funds will be used to develop the parking area and support facilities, with the Municipality being responsible for the trail crossing from Tanglewood Way to the structure with the restrooms. There were no questions from Council. Upon a roll call vote: Mr. Lorenz – yes, Mr. Spadaro – yes, Mr. Perry – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns - yes. Motion approved. ENGINEERING: 14A. CONSIDER APPROVAL OF ORDINANCE NO. 962-16, ACCEPTING TWO DETENTION BASINS AND ASSOCIATED PARCELS OF LAND IN THE MALLARD LANDING DEVELOPMENT. Mrs. Lee Korns moved to adopt the ordinance accepting property and stormwater management facilities from Bulltown Associates, LP. Mr. Kase seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Spadaro – yes, Mr. Perry – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns - yes. Motion approved. 14B. CONSIDER RELEASE AND REDUCTION OF THE BONDS BEING HELD FOR COMPLETION OF THE REQUIRED IMPROVEMENTS AT CORNERSTONE MINISTRIES DEVELOPMENT. Mrs. Lee Korns moved to release S&T Bank letter of credit #SB-003997 and #SB-003998 and reducing letter of credit #XB-003999 from $385,965 to $25,000 being held to ensure completion of the required improvements at the Cornerstone Ministries development. Mr. Spadara seconded. Mr. Morrison explained that the majority of the major improvements have been completed; however, there are some landscape deficiencies that need to be addressed, necessitating retaining $25,000. Upon a roll call vote: Mr. Lorenz – abstained as he is a member of that church, Mr. Spadaro – yes, Mr. Perry – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns - yes. Motion approved. 14C. CONSIDER APPROVAL OF ORDINANCE NO. 963-17, AN ORDINANCE ACCEPTING THE STREETES IN THE CLIFTON VISTA PLAN. Mr. Kase moved to approve the ordinance. Mrs. Lee Korns seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Spadaro – yes, Mr. Perry – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns - yes. Motion approved. car 2/18/2017 Regular Voting Meeting – Wednesday, January 25, 2017 14D. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 965-17, AN ORDINANCE ACCEPTING THE DETENTION BASINS IN FOREST RIDGE DEVELOPMENT. Mr. Kase moved to advertise the ordinance accepting property and stormwater management facilities in the Forest Ridge development. Mrs. Lee Korns seconded. Mr. Morrison advised that the basins have been inspected and approved by the engineer. Upon a roll call vote: Mr. Lorenz – yes, Mr. Spadaro – yes, Mr. Perry – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns - yes. Motion approved. PUBLIC WORKS AND PARKS: 15A. CONSIDER AUTHORIZATION TO ADVERTISE SURPLUS SALE OF ROADSIDE MOWER. Mrs. Lee Korns moved to advertise for auction bids through MuniciBid for the used 2001 roadside mower. Mr. Perry seconded. Public Works Director Bob Bell explained that this is under the replacement cycle and a new mower is due to be delivered in June. Staff would like to put the equipment out for bid so that other Municipalities or Boroughs can get it into their community prior to the start of the mowing season. Upon a roll call vote: Mr. Lorenz – yes, Mr. Spadaro – yes, Mr. Perry – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns - yes. Motion approved. COMMUNITY DEVELOPMENT: 16A. CONSIDER APPROVAL OF REVISIONS TO ORDINANCE NO. 930-15, AN ORDINANCE AMENDING THE ZONING ORDINANCE REGULATING OIL AND GAS DRILLING. Mr. Kepler moved to approve the revisions to ordinance 930-15. Mr. Perry seconded. Prior to the discussion, Solicitor Kotjarapoglus advised Council that he wrote an opinion concerning whether there is a conflict of interest for Councilman Perry to vote on or participate in this ordinance and asked that it be made part of the record. It is his opinion that there is no conflict and he noted that the opinion is not being rendered under duress or collusion to avoid compliance. The Solicitor’s opinion is on file with the minutes of this meeting. Mr. Morrison presented a chart showing wells drilled in Penn Township, Salem Township and Washington Township over the past 4-5 years and discussed the way different companies (Apex, Consol/CNX, Huntley & Huntley) chose to develop the well sites. He presented maps showing the location of bore holes and areas of disturbance at different sites in the area. He then showed a depiction of a 4-acre well pad with a 14-acre area of disturbance, which showed the 600’ distance from the bore hole to a protected structure. There was some discussion regarding clarification of the options previously presented to Council as depicted on the drawing presented. Attorney Bill Sittig further car 2/18/2017 Regular Voting Meeting – Wednesday, January 25, 2017 explained the “sphere” around a protected structure where nothing can occur. He then explained the options for Council to consider regarding setback distances. There was discussion among Council, again, about the distances and whether they should be measured from the edge of the pad or the bore hole. Mr. Kepler said he does not believe Council is protecting the residents in any way if the edge of the well pad is not used for measurement to the protected structure. Ed Valentas, of Huntley & Huntley, clarified that the equipment that would be on the site would be on the pad itself. The area beyond the pad would only be used for E&S activity (road, grading, silt fence, rip rap, etc.). He also said that, based on the areas available for drilling, his company has only 3 well pads proposed. There was continued discussion on the distance for the setbacks, as well as whether it should be measured from the protected structure in, or from the well pad or bore hole out. Mr. Spadaro said the first thing to be determined is whether the measurement is to be from the well pad or the bore hole; once that is done, the setbacks can be discussed. Mr. Lorenz said – no matter what – there is a 500’ setback from the bore hole to the protected structure. Mr. Perry reminded everyone that Murrysville is a bedroom community with a school district and if one of those is taken away, the community is diminished. As a general rule, most people that move to Murrysville don’t own their mineral rights, and when setbacks are established, Council must remember that people expect a certain quality of life when they move to Murrysville. If things start to be moved so that they get close to structures, it will diminish the community. Mr. Kepler said Council must come to an agreement to the approach first, and then work on the numbers. Mayor Brooks said Council should agree on the distance from the bore hole to the structure and then discuss how to break up the differences in between. Mr. Sittig said trying to set several different areas where nothing can be done will be more restrictive and suggested limiting it to two. Mr. Kepler said he is okay with two circles from the protected structure: one to the edge of the non-disturbed area (sterile zone) and one to the edge of the pad, with the numbers to be determined. Mr. Sittig said if you start from the protected structure and go 250’ out for the sterile zone and 550 feet to the edge of the pad, you end up where you started! There was more discussion on the distances, bore hole, well pad, and protected structure. All Council members, with the exception of Mr. Spadaro, were in agreement that the distance should be measured from the protected structure in; Mr. Spadaro was in favor of measuring from the bore hole out. After continued discussion about distances, Mrs. Kearns said Council had been comfortable, for quite some time, on 800’ from the well pad edge to the protected structure. She said Council’s job is not to protect distance to the well bore, but to protect from the structure to the area of most activity, which is the well pad. Mr. Perry said he believes Council should define the distance from the structure to the edge of the sterile zone, and from the protected structure to the edge of the pad. Mr. Spadaro proposed 600’ from the protected structure to the edge of the well pad. Council members were polled and the following members were in agreement with the 600’ proposal: Mrs. Lee Korns, Mr. Spadaro, Mr. Lorenz (could go to 700’), Mr. Kase. Members in favor of the 800’ distance were: Mr. Perry, Mr. Kepler and Mrs. Kearns. Mr. Morrison cautioned Council not to get fixed on the bore hole as the only activity that will be occurring on the well that’s going to impact the adjacent properties. There could be tanks pulling throw-back water and/or compressors beyond the bore hole; the car 2/18/2017 Regular Voting Meeting – Wednesday, January 25, 2017 original concept of going from the well pad was that there could be industrial activities close to the edge of the well pad that Council wanted to protect. The drilling of the well will last a week, but the company will be there for a month fracking the well. When the well is fracked, all of the ancillary pieces of equipment needed on the pad will be going and generating air, water and noise problems. Mr. Lorenz suggested that 700’ from the edge of the well pad to the protected structure be put in Option 2a as a placeholder. Mr. Morrison suggested that if Council is in agreement with 700’, he asked Council to allow staff to use 500’/200’ for the two areas. The consensus was 400’ for the sterile area and 300’ for the ancillary area. Ester Saghafi of 3404 LaShan Drive, said she understands Council’s concern about protecting the structure, but doesn’t understand why the nitpicking about the number of feet; the main goal is the protection of the residents. Mrs. Kearns said the Municipality has to allow the activity, but if a point is reached where there is too much distance put in the ordinance, it can be considered exclusionary and the Municipality will be sued. Mr. Sittig said the constitutional framework says “you get to do whatever you want with your property” (property rights). Council can exercise its police powers to limit that. The first thing isn’t protection of the home, it’s protection of property rights – to use the property as the owner sees fit. Right now, it’s a legitimate land use that has to be allowed. Mrs. Saghafi asked how her property can be protected from the drilling lines crossing her property and coming to her front door. Mr. Sittig responded and said the drillers can’t do anything on her property; none of the facilities will be on her land. Then you’re talking about what your neighbor can do that affects your property; that’s where the reference is to the use of the property. The company has a right to get to the minerals (sub-surface rights) unless there is a restriction and might be able to go on the property and drill unless there is a restriction. In wrapping up the discussion, Mrs. Kearns said Council has settled on 700’, Mr. Sittig will move Item d under Option 3 and move it under Item a in Option 2 using 400’. Mr. Kepler said there is a motion on the floor and asked Council what they wanted to do with that motion. Mrs. Kearns repeated the original motion and noted the 700’/400’ that will be inserted in option 2. No member of Council was willing to amend the original motion to plug in the suggested numbers. Mr. Lorenz moved to table the motion to the next meeting. Mrs. Lee Korns seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Spadaro – yes, Mr. Perry – no, Mr. Kepler –no, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns - yes. Motion to table approved. OLD BUSINESS: 17A. CONSIDER APPOINTMENT TO THE PLANNING COMMISSION AND EAC. Mrs. Lee Korns nominated Michael Caruso to the Planning Commission; Mr. Spadaro nominated Bret Rankin. Members voted 6-1 to appoint Bret Rankin to the Planning Commission. Mr. Perry nominated Jennifer Shepler to the EAC. All present voted aye. Ms. Shepler is appointed to the EAC. car 2/18/2017 Regular Voting Meeting – Wednesday, January 25, 2017 NEW BUSINESS: Mayor Brooks noted that there have been 5 water line breaks on North Hills Road in the past few months and asked if staff could contact MAWC about replacing that section of the line. Mr. Morrison will contact MAWC. EXECUTIVE SESSION: Council adjourned to an Executive Session at 11:26 to discuss Real Estate and Personnel Issues and reconvened at 11:43. There was no action coming out of the Session. ACTION ITEMS: Cherie Weber to notify the two appointees to the Planning Commission and EAC. ADJOURNMENT: Mrs. Lee Korns moved to adjourn. All members of Council seconded. All present voted aye. Motion approved. The Council Meeting concluded at 11:44 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 2/18/2017