Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, April 5, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, April 5, 2017 at 6:15 p.m. in the Municipal Building. Present at the meeting were Council members Loren Kase, Joan Kearns, Jamie Lee Korns, David Perry, Jeffery Kepler, Tony Spadaro, and Josh Lorenz. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, Finance Director Diane Heming, and Public Works and Parks Director Bob Bell. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None. CONSENT CALENDAR ITEMS: None. COMMENTS BY MAYOR BROOKS: Mayor Bob Brooks commented on problems with drug overdoses and alcohol consumption. He issued Proclamation No. 197-17 regarding parents talking with their teens about alcohol and explained PowerTalk 21 Day established by Mothers Against Drunk Driving. This will be held for 21 days, beginning April 1, 2017, and continuing through April 21, and parents are encouraged to have prolonged, sustained conversations with their children about underage drinking. He urged all residents to join in local and national efforts to raise awareness of the importance of parents and teens talking together about alcohol. WORKSHOP ITEMS ADMINISTRATION: None. ENGINEERING: None COMMUNITY DEVELOPMENT: None. PUBLIC WORKS AND PARKS: None. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF ORDINANCE NO. 971-17, AMENDING ORDINANCE NO. 956-16, THE 2017 TAX ORDINANCE. Mrs. Lee Korns moved to approve Ordinance 971-17. Mr. Spadaro seconded. Finance Director Diane Heming explained that this ordinance will amend the rates between the general fund and debt service; it doesn’t increase millage, it just moves the .2 mills from general into debt for the new borrowing to be discussed later in the agenda. car 4/24/2017 Regular Voting Meeting – Wednesday, April 5, 2017 Upon a roll call vote: Mr. Kase – absent for this vote, Mrs. Kearns – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. 13B. CONSIDER APPROVAL TO AUTHORIZE THE INCURRING OF NONELECTORAL DEBT BY THE ISSUANCE OF GENERAL OBLIGATION BOND IN AN AGGREGATE PRINCIPAL AMOUNT OF FIVE MILLION ONE HUNDRED TWENTY- FIVE THOUSAND DOLLARS ($5,125,000); COVENANTING TO PAY, AND PLEDGING UNLIMITED TAXING POWER FOR THE PAYMENT OF, THE BOND; ESTABLISHING A SINKING FUND AND APPOINTING A SINKING FUND DEPOSITORY; FIXING THE FORM, INTEREST RATE, MATURITY DATE, REDEMPTION AND OTHER PROVISIONS FOR THE PAYMENT THEREOF; ACCEPTING A PROPOSAL FOR THE PURCHASE OF THE BOND; AUTHORIZING A FILING OF REQUIRED DOCUMENTS WITH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT; RATIFYING AND DIRECTING CERTAIN ACTIONS OF OFFICERS; AND MAKING CERTAIN OTHER COVENANTS AND PROVISIONS IN RESPECT OF THE BOND. Mrs. Lee Korns moved to approve incurring the debt by the issuance of a general obligation bond. Mr. Kepler seconded. Ms. Heming noted that Council was given a copy of the latest version of the debt ordinance that they are being asked to pass. She the introduced Lisa Chiesa, bond counsel from Thorpe Reed, explained that, if adopted, the resolution will authorize the issuance of a $5,125,000 bond, the proceeds of which will be used to: (1) pay off all of the outstanding PEMA loans, as well as the current outstanding bond issue; (2) be placed in a fund for the future purchase of emergency equipment and improvements to MCP and the Municipal building. The note will have an interest rate of 2.75% for a 15-year obligation; there is no restriction on the ability to pay the note off early or refinance if interest rates drop. The proposed payments are approximately $417,000 per year. There were no questions from Council. Upon a roll call vote: Mr. Kase – did not vote as he was not here for the entire presentation, Mrs. Kearns – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. ENGINEERING: 14A. CONSIDER APPROVAL OF ORDINANCE NO. 970-17, AIRGAS’ SLOPE EASEMENT AGREEMENT FOR ACCESS TO THE ROBERTS’ PROPERTY. Mr. Lorenz moved to approve the ordinance accepting a permanent easement from Airgas USA, LLC for access to the Roberts trailhead. Mrs. Lee Korns seconded. Mr. Morrison explained that, as part of the development of the Robert trailhead in conjunction with the Rails to Trails Heritage Trails project, the Municipality provided a connector from Old William Penn across Route 22. In order to access the Roberts property, a small portion was needed to include a walkway and Airgas was kind enough to authorize the easement. This action is a formality accepting the easement. The money for the requested fencing is programmed into the development costs for the trailhead. There were no questions from Council. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. car 4/24/2017 Regular Voting Meeting – Wednesday, April 5, 2017 PUBLIC WORKS AND PARKS: 15A. CONSIDER AWARD OF CONTRACT FOR LANDSCAPING MAINTENANCE AT THE ADMINISTRATION BUILDING AND COMMUNITY CENTER. Mr. Spadaro moved to award a one-year contract with three-year pricing, renewed annually, to JPS Landscape for the landscaping at the Administration Building and Community Center. Mrs. Lee Korns seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. 15B. CONSIDER AWARD OF CONTRACT FOR ROUTE 22 AND STREETSCAPE LANDSCAPE MAINTENANCE PROJECT. Mr. Spadaro moved to award a one-year contract with three-year pricing, renewed annually, to LaManna Landscape & Fertilizing Company for the Route 22 median and Streetscape landscaping and maintenance contract. Mrs. Lee Korns seconded. Public Works and Parks Director Bob Bell said this contract will take care of all the islands on Route 22 from Wendy’s to the Cozy Inn Cut-off. The amount of the contract is $13,750. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. OLD BUSINESS: A. CONSIDER AUTHORIZATION TO READVERTISE THE VACANCY ON THE ENVIRONMENTAL ADVISORY COUNCIL (EAC). Mr. Perry moved to re-advertise the vacancy on the EAC. Mr. Kase seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mr. Kepler – yes, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. PUBLIC HEARINGS A Public Hearing on Proposed Ordinance No. 930-15 was opened at 6:40 p.m. 1. Public Hearing on proposed Ordinance No. 930-15, an Ordinance of the Municipality of Murrysville repealing and replacing Section 220-31(cc) of the Zoning Ordinance/Exploration or Production of Oil or Natural Gas from a Shale Reservoir or Source Rock and Adding New Uses to Section 220-16, the Table of Non-Residential Land Principal Land Uses. car 4/24/2017 Regular Voting Meeting – Wednesday, April 5, 2017 Municipal Planner Allen Cohen advised that the Public Hearing has been properly advertised in the Penn- Franklin News on March 22 and March 29, two consecutive weeks before the hearing is held; the ordinance that is up for consideration has been advertised in the Penn-Franklin and on the Municipal website as far as what ordinance was sent to the Westmoreland County Planning Department and the Murrysville Planning Commission for review as part of the 45-day review period. The reason for the public hearing is that it was determined that substantial changes were made to the ordinance, both prior to the last public hearing and prior to the ordinance being sent out for review; pursuant to requirements and case law, those changes necessitated a new public hearing and new period of time for comments to be given by Westmoreland County and the Planning Commission. He explained that the revisions to the ordinance dealt with how the measurement was conducted between a well pad and a protected structure. Previously, the measurement was from the edge of the well pad outward, which was revised to be a measurement from the attached portion of a protected structure going toward the well pad; the amount of the measurement was changed to 750 feet. Changes were also made to some of the definitions; all of these are the same as those presented at the prior public hearing, with the exception of the 750’ measurement. Comments were received from the Westmoreland County Dept. of Planning and the Murrysville Planning Commission. He explained Westmoreland County’s two minor comments, which were editorial in nature, not substantive. The Planning Commission, at its meeting the prior evening, recommended approval of the ordinance as advertised with the changed setback of 750’, as well as noting a few editorial revisions, which Mr. Cohen itemized. All the changes, which were determined to be minor, were reviewed with Mr. Sittig, the Municipality’s special counsel. Mr. Sittig’s conclusion was that if Council wanted to proceed with adoption of the ordinance as proposed, there would be no need to have another 45-day period for review by the County and Planning Commission, nor another public hearing. COMMUNITY INPUT: *Cindy Gesuale, 3051 Hoy Farm Court – presented article regarding recent shale conference; asked Council to pass the ordinance as proposed. *Alyson Holt, 4830 Primrose Lane – presented a poster showing a playground near a well pad; 750’ is not good and Council can do better. Copy of comments on file with minutes. *Amy Mayberry, 4041 Benden Circle – wants to hear from each Council member as to why they feel property rights are more important than health and safety of residents. Copy of comments on file with minutes. *John Smith, Esq. – attorney for “Murrysville Watch” – industrial activity (fracking) cannot take place in districts where it is not compatible with existing uses. He asked Council to look at the ordinance in constitutional realm. *Kathleen Borres, 6371 Kemerer Hollow Road – specifically asked 4 Council members how they can defend their decision to decide on a 750’ setback. *Barbara Sims, 3837 Hills Church Road – fracking is an industrial process; 750’ is not enough; ordinance should not be passed. Copy of comments on file with minutes. *Leona Dunnett, 4838 Sardis Rd./3950 Dunnett Lane – Council owe it to constituents/taxpayers to explain validation for 750’ setback; she would like a moratorium; how can Council ensure clean air and pure water? *Mike Stanovich, 4339 Bulltown Road – the catastrophe being portrayed by some people is ridiculous; Council members were voted in and don’t owe anyone any explanation; make the right decision for the right reason. car 4/24/2017 Regular Voting Meeting – Wednesday, April 5, 2017 *Christa Ross, 4347 Reynard Drive – real estate agent; presented a map showing 800’ setback and homes in Murrysville with wells; has concerns about reduction in value of homes in those areas. *Mike Sell, 4309 Woodbine Court – a policy needs to be created to address someone who “might be” careless, greedy or incompetent; “what if” a company or individual cuts corners? Repeal the ordinance. *Norman Franke, 4816 Sardis Road – current proposed ordinance satisfies safety while maintaining ability to drill for shale gas. Copy of comments on file with minutes. *Jerianne Benish, 2869 Schade Hill Rd., Irwin (owns property on Hills Church Road) – PA has one of the most comprehensive regulatory programs in the country regarding natural gas drilling; landowners want to benefit from the resources on their property; asked Council to pass the ordinance as proposed. *Doug Benish, 2869 Schade Hill Rd., Irwin. (owns property on Hills Church Road) – fracking is a relatively safe process; enough deliberation has taken place, pass the ordinance as proposed. *Jennifer Copeland, 3111 Deerfield Court – young, well-informed people want a safe place to raise their families; listen to them and reconsider the ordinance as proposed. Copy of comments on file with minutes. *Jane Langdon, 3331 Logan Ferry Road – other nations are waiting to buy the rights while keeping their children and families safe. (she kept turning her head and talking to the audience – many of her comments were missed). *Jan Milburn, 114 Mountain Road, Ligonier - (president of the Westmoreland Marcellus Citizens Group) the ordinance is not protective of the health of families; children are most at risk; fracking is not compatible with residential living; do not pass the ordinance. Jack Milburn, 114 Mountain Road, Ligonier – has concerns about the limited amount of protection for families (he has 2 grandsons living in Murrysville); US Dept. of Labor, OSHA and the PA Supreme Court identified gas operations as industrial activity and, therefore, belong in an industrial zone. *Debra Brandis, 207 Georgetown Lane/5149 Mamont Road – has concerns about “spot zoning.” *Kimberly Burch, 4014 Chelstead Way – 750’ setback is inadequate; school board investing a substantial amount of money in school upgrades in an attempt to draw younger families with children – this ordinance will sabotage those efforts. The Public Hearing on Ordinance No. 930-15 was closed at 7:42 p.m. A Public Hearing on Proposed Ordinance No. 955-16 was opened at 7:42 p.m. 2. Public Hearing on proposed Ordinance No. 955-16, an Ordinance of the Municipality of Murrysville amending Chapter 201, Sections 54, 71, 101 and 141 of the Municipal Code (Subdivision and Land Development) to add submission requirements for land developments and streets and access drives. Municipal Planner Allen Cohen advised that the Public Hearing had been properly advertised in the Penn- Franklin News on March 22 and March 29, two consecutive weeks before the hearing was scheduled to be held. The hearing is necessitated because of changes made to the ordinance following discussions after the last public hearing. The major change made was the removal of language referring to requirements for justification of needing the Environmental Rights Amendment in the Environmental Impact Statement required by the Municipality. Removal of that language was considered a substantial change and the ordinance was sent to the County and the Planning Commission for the required 45-day period and the new public hearing. The County car 4/24/2017 Regular Voting Meeting – Wednesday, April 5, 2017 had no comments on the change; the Planning Commission had no comments except for a proposal for new language to the street access drives requirement (measurement of the pavement width of the driveway versus the actual width of the opening of the other street and added provisions for a requirement that would accommodate a fire truck with a 250” wheel base). There were no questions or comments from anyone in the audience or Council members. The Public Hearing on Ordinance No. 955-16 was closed at 7:45 p.m. COUNCIL ACTION ITEMS COMMUNITY DEVELOPMENT: 18A. CONSIDER AUTHORIZATION TO ADVERTISE PROPOSED ORDINANCE NO. 930-15, AN ORDINANCE OF THE MUNICIPALITY OF MURRYSVILLE REPEALING AND REPLACING SECTION 220-31(CC) OF THE ZONING ORDINANCE/EXPLORATION OR PRODUCTION OF OIL OR NATURAL GAS FROM A SHALE RESERVOIR OR SOURCE ROCK AND ADDING NEW USES TO SECTION 220-16, THE TABLE OF NON-RESIDENTIAL LAND PRINCIPAL LAND USES. Mrs. Lee Korns moved to advertise Ordinance No. 930-15, including minor wording changes. Mr. Kase seconded. Mr. Perry noted the word “located” should be removed from the section on protected structure as it is not relevant. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mrs. Lee Korns – yes, Mr. Perry – no, Mr. Kepler – no, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. 18B. CONSIDER AUTHORIZATION TO ADVERTISE PROPOSED ORDINANCE NO. 955-16, AN ORDINANCE OF THE MUNICIPALITY OF MURRYSVILLE AMENDING CHAPTER 201, SECTIONS 54, 71, 101 AND 141 OF THE MUNICIPAL CODE (SUBDIVISION AND LAND DEVELOPMENT) TO ADD SUBMISSION REQUIREMENTS FOR LAND DEVELOPMENTS AND STREETS AND ACCESS DRIVES. Mrs. Lee Korns moved to advertise Ordinance No. 955-16, including revisions to access roads requirements. Mr. Spadaro seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Kearns – yes, Mrs. Lee Korns – yes, Mr. Perry – no, Mr. Kepler – no, Mr. Spadaro – yes, Mr. Lorenz – yes. Motion approved. NEW BUSINESS: A discussion was held on moving forward with the ordinances from an advertising point of view. The voting meeting date must be advertised ten days prior to adoption; several members of Council will not be present at the April 19 meeting. It was decided that the ordinances would be on the agenda for enactment at the May 3, 2017 meeting. OLD BUSINESS: The leash law consideration, as well as the fee ordinance & facility use, will be on a future agenda. Because some members won’t be available on April 19, these items will be on the agenda for the May 3, 2017 meeting. car 4/24/2017 Regular Voting Meeting – Wednesday, April 5, 2017 EXECUTIVE SESSION: None. ACTION ITEMS: None. ADJOURNMENT: Mrs. Lee Korns moved to adjourn. Mr. Spadaro seconded. All present voted aye. Motion approved. The Council Meeting concluded at 7:55 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 4/24/2017