Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, May 17, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, May 17, 2017 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Josh Lorenz, David Perry, Jamie Lee Korns, Loren Kase, Joan Kearns, and Tony Spadaro. Councilman Jeffrey Kepler was not in attendance. Also present were Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, Municipal Planner Allen Cohen and Recreation Director Carly Greene. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None Mr. Kase moved to approve the agenda as presented. Mr. Lorenz seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS C. APRIL 19, 2017 MEETING MINUTES TO BE APPROVED Mr. Spadaro moved to approve the consent calendar items. Mr. Kase seconded. All present voted aye. Motion approved. Mrs. Kearns introduced and welcomed Frank Catanzano, who will be replacing Linda Lyman as the reporter for the Penn-Franklin News and wished Linda good luck on her move. COMMUNITY INPUT: Barbara Sims of 3837 Hills Church Road would like to see Townsend Park remain as an off-leash park Mark Fleming, 4946 Lasher Lane expressed concerns about the neighbors at the end of his lane that have been using their property for a gun range. He complained about the noise, increased truck and motorcycle traffic traveling at unreasonable speeds, and harassment from people going to and from the property. Mr. Morrison said that the Municipality does not have a regulation concerning the discharge of firearms within Municipal limits. As a result, he asked Chief Seefeld to address any questions that Council or Mr. Fleming may have. As far as the tannerite exploding targets being used, Chief Seefeld both the State and Federal governments say it is legal and there is nothing the police can do about that. That State doesn’t have a statute on discharging firearms on personal property. He said the police have been at that particular residence several times and have made arrests there. If it can be proven that the firearms are being discharged in an unsafe manner, the police can charge someone with a reckless endangering citation. He noted there have only been a few calls from residents regarding issues on Lasher and asked why that is so if, as Mr. Fleming stated, the gunfire is constant. Chief Seefeld said residents need to be the eyes and ears of the police and should notify them as soon as they see a problem. Councilman Lorenz said if there is a violation of the noise ordinance or nuisance law, that’s something that can be looked into, but it would have to be documented and ideally recorded. Chief Seefeld if reports are made and the officers have documentation, that helps them to do their job to build a case to charge car 6/7/2017 Regular Voting Meeting – Wednesday, May 17, 2017 someone. He asked that Mr. Fleming and his neighbors report incidents so that there is a record. He also offered to send the Crime Prevention Unit to the neighborhood to meet with the residents. Mr. Fleming asked if extra patrols could be placed in that area. Chief Seefeld asked Mr. Fleming to call him to set up a meeting. Councilman Perry asked if this was a commercial operation and if the property owner was charging people. If so, that would be a zoning violation. Mr. Fleming said he doesn’t venture down there and he doesn’t know if they are being charged; that line of communication is not open. David Plank of 2924 Arrowhead Court said he would like to see more enforcement of people who can’t control their dogs. He noted that it’s a law that if a dog attacks a person, it’s mandatory that it be reported and investigated and the owner held responsible. He doesn’t believe the dog walkers using Townsend Park should be disenfranchised because of a few that complain. He asked Council to consider adding Pleasant Valley Park as an off-leash park. Michael Reuffle of 5153 Trillium Drive believes that, in order to be consistent, there must be a leash law throughout the entire community so that everyone knows the rules. Marlene Reuffle of 5153 Trillium Drive related an experience she had with a dog that had been very friendly and one day attacked her when she was in her yard with a new puppy. WORKSHOP ITEMS ADMINISTRATION: 9A. DISCUSSION CONCERNING THE REPORT FROM THE MUNICIPAL FACILITIES COMMITTEE. Chief Administrator Jim Morrison reminded Council that a sub-committee has been discussing use/rental of Municipal facilities for 3-4 months. The committee developed a set of regulations which was brought forth to Council and, after receiving comments from Council and the committee, the final recommendation is being presented to Council for consideration. Mrs. Lee Korns asked if the library is exempted from fees for use of the park pavilions. Mr. Morrison said he believes that was added to the briefing and the library is exempt as it is viewed as an arm of the Municipality. She then asked if the section on exceptions to the rules for all facilities would include the library conference room for groups that would be exempt – specifically the AAUW. Mr. Morrison said staff had met several times with library representatives and reached what he believes to be a compromise by offering that meeting room to the library with an increase in the annual square footage cost as long as the space was used for library activities. It is staff’s position that if the AAUW has a function not directly related to the library, that group would not be exempt. Mr. Perry said he agrees with the AAUW’s mission and it is a huge benefit to the community. His concern is “where do you draw the line” because there are other groups that serve a lot of families in the community. He car 6/7/2017 Regular Voting Meeting – Wednesday, May 17, 2017 does not believe exemptions can be made for non-affiliated Municipality organizations. Mr. Morrison said this is exactly what brought forth this issue to a committee. Mr. Lorenz agreed with Mr. Perry and said the current situation is not sustainable. Facilities are being used that take up Municipal resources and looking at it from a long-term standpoint it’s not a sustainable model. He noted that school districts are also dealing with this same issue and if exceptions subsume the rule, the situation will be back to where it is right now. He believes the proposal as presented is fair. Mr. Kase said the costs to clean and maintain the facilities would far outweigh any fees that would be brought in. The fees merely scratch the surface of what it takes to run the facilities. Mrs. Kearns agreed with the draft presented to Council with the exception of the fee assessed for use of the senior center for meetings and would like to see a fee for a two-hour time period rather than an hourly fee. Some of the smaller groups might have difficulty paying an hourly fee. She recommended $15 for a two-hour meeting. Mr. Perry asked if staff had any breakdown on the cost to maintain the community center yearly. Mr. Morrison said maintenance of all facilities is a separate fund within the general fund budget and, without having a copy of the budget, he believes it is around $35,000 for all facilities. After looking at the budget, Mr. Morrison said the total cost of all government buildings is $297,000, which includes housekeeping for the public works building, administration building, community center and any auxiliary building for which the Municipality is responsible. Within that amount, the community center’s budget is $38,000, while income from rentals for 2016 was $27,000 for both the community center and senior center. Part of that income is from the office rental to the Municipality’s state legislator. There was no further discussion and this item will be moved forward to the action items. ENGINEERING: None COMMUNITY DEVELOPMENT: 11A. DISCUSSION ON S-4-17, ERDOS MINOR SUBDIVISION, 4501 ROUND TOP ROAD, 49-14-15-0-001, 2 LOTS. Municipal Planner Allen Cohen advised that this was discussed in workshop at the last meeting and all revisions have been reviewed by staff and engineering. All conditions placed on the recommended motion are agreeable to the applicant and it is recommended that the plan be considered at this meeting under the voting agenda. Mr. Erdos updated Council and advised that he has received approval from the PA Dept. of Environmental Protection for the septic system. An access easement has been completed, which will be recorded with the minor subdivision, because there is a private road there. There were no questions from Council. PUBLIC WORKS AND PARKS: None. car 6/7/2017 Regular Voting Meeting – Wednesday, May 17, 2017 COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF THE MUNICIPAL FACILITIES COMMITTEE’S RECOMMENDATIONS AND DIRECT STAFF TO PREPARE THE APPROPRIATE ORDINANCES AND POLICY. Mr. Kase moved to approve the Municipal Facilities committee’s recommendations as outlined, with the only change being for the senior citizen area to be a fee of $15.00 per two-hour time block. Mrs. Lee Korns seconded. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes. Mr. Perry had to leave the meeting and did not vote. Motion approved. 13B. CONSIDER APPROVAL OF A DOG LEASH LAW FOR ALL MURRYSVILLE COMMUNITY PARKS. Mr. Lorenz moved to go into Committee of the Whole. Mr. Kase seconded. All present voted aye. Motion approved. Mr. Morrison presented to Council a proposed ordinance based on prior discussions and recommendations on this issue. The prior ordinance had been established around 2012 and in reviewing that ordinance, it was determined that several updates and changes were needed, which were identified in the new proposed ordinance. He also explained the recommendations presented by the Parks Commission, which included picking or disturbing plants in parks, skateboarding & signage, consumption of alcoholic beverages, smoking, leash law, animals on playing fields, animals must be properly licensed and vaccinated, etc. A progressive financial penalty was added for violation of any laws. Mrs. Lee Korns said she would like the off-leash hours extended to 4:00 p.m. Monday through Friday as opposed to the recommended 2:00 p.m. Mrs. Kearns mentioned that there was discussion at the last meeting about including Pleasant Valley Park as off-leash. Mr. Kase said it would be best just to keep it at one park (Townsend) so as not to confuse people. Mrs. Kearns said PV Park is the most logical because of the way it’s laid out and the minimal intrusion of residential areas. Mrs. Lee Korns said she has not heard any strong public input advocating PV Park as off-leash. Mr. Spadaro said he has been for a leash law from the beginning and is still for it. He believes all dogs should be on a leash and the Municipality has a beautiful dog park for the dogs to run and play. He asked how staff would handle a request from someone with 150 signature requesting Duff Park as off-leash. Mrs. Kearns said each park has to be looked at as to how it’s used; each park has unique opportunities, so Council has to figure out what fits and what doesn’t. There was discussion whether the local ordinance would violate the state law. Mr. Morrison said the key phrase in the state law is “under control” and what the definition of that phrase is. car 6/7/2017 Regular Voting Meeting – Wednesday, May 17, 2017 Mr. Lorenz said the whole idea is to have everyone be able to use the parks. There are some people that fee they can’t use the parks because there are dogs running free, while others don’t want to have their dogs curtailed. He believes this is a good step in trying to accommodate everyone. He would like to see a provision added to the penalty section that would allow problematic dogs to be banned from a park, which has been done in the past. There was discussion as to how that process could be implemented. Mrs. Kearns said enforcement could be an issue since there is no dog officer on staff. The Solicitor suggested that it could be handled administratively upon recommendation of the Parks Commission. If the dog owner wishes to appeal, it could then be brought before Council for a decision. Mrs. Kearns proposed adding PV Park as off-leash and also to allow off-leash on Saturday and Sunday from dawn to 10:00 a.m. because people who work during the week lose out on the opportunity to take their dogs to the park. She also suggested making portable signs that be posted on the entry road during a special event notifying owners that the dogs must be on leash during that event. Mr. Morrison said that there is limited enforcement activity during the week, and there would be none on the week-end. Barbara Sims again addressed Council with a suggestion that signs be placed on the trails that dogs can be off leash, but around the pavilions and other areas, they must be on leash, which might solve some of the problems. There was discussion about service dogs and the number of signs that would end up being posted. Ed Hood of 4676 Stewart Court said he doesn’t believe a dog should get a second chance if he bites or kills another dog. Mike Stanovich, 4339 Bulltown Road, said that when he left the last meeting, it was suggested the end time to allow off-leash was 4:00 p.m. because the ball teams didn’t start until 5:00 and he doesn’t know how the time was changed to 2:00 p.m. Mr. Morrison said the time chosen had nothing to do with the ball fields, but with giving everyone the opportunity to use the parks. Mr. Lorenz moved to come out of Committee of the Whole. Mr. Kase seconded. All present voted aye. Mr. Lorenz moved to table this item until the next meeting. Mr. Kase seconded. There was additional discussion regarding the times allowed off leash, parks permitted, banning dogs, license/rabies tags displayed and week-ends. All present voted aye. Motion approved. 13C. CONSIDER APPROVAL OF A MEMORANDUM OF UNDERSTANDING FOR PENNDOT TO USE OLD WILLIAM PENN HIGHWAY FOR THE KEMERER HOLLOW BRIDGE PROJECT. Mrs. Lee Korns moved to approve the Memorandum of Understanding. Mr. Spadaro seconded. Mr. Morrison said the proposal is to use a detour going from Hills Church Road to Hilty Road temporarily during the bridge construction. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes. Mr. Perry had to leave the meeting and did not vote. Motion approved. car 6/7/2017 Regular Voting Meeting – Wednesday, May 17, 2017 13D. CONSIDER RESOLUTION NO. 673-17, A RESOLUTION AUTHORIZING PARTICIPATION IN THE KEYSTONE PURCHASING NETWORK, JOINT PURCHASING CO-OP FOR LOCAL GOVERNMENTS. Mrs. Lee Korns moved to approve the resolution confirming an agreement to participate in the Keystone Purchasing Network, a national cooperative for school districts, state and local governments and non-profit organizations. Mr. Spadaro seconded. Mr. Morrison said a resolution is required to become a participant in the program, which is similar to the CoStars program and the US Communities program in which the Municipality participates. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes. Mr. Perry had to leave the meeting and did not vote. Motion approved. 13E. CONSIDER ENTERING INTO A ONE (1) YEAR CONTRACT WITH CLEAN SOLUTIONS, LLC FOR CUSTODIAL SERVICES FOR THE MUNICIPAL COMPLEX, PUBLIC WORKS, THE COMMUNITY CENTER, INCLUDING THE RENTAL OFFICE AND THE SENIOR CENTER. THE MONTHLY RATE FOR GENERAL CUSTODIAL SERVICES IS $2,165. Mrs. Lee Korns moved to enter into the contract for cleaning services. Mr. Lorenz seconded. Mr. Morrison advised that 4 companies were interviewed and staff recommends Clean Solutions for the contract. This company already cleans the park restrooms and has been doing a good job. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes. Mr. Perry had to leave the meeting and did not vote. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER S-4-17, ERDOS MINOR SUBDIVISION, 4501 ROUND TOP ROAD, 49-14-15-0-001, 2 LOTS. Mrs. Lee Korns moved to approve the subdivision, subject to the conditions contained in Section 7 of the report. Mr. Kase seconded. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes. Mr. Perry had to leave the meeting and did not vote. Motion approved. 14B. CONSIDER APPROVAL OF 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. Mr. Lorenz moved to approve. Mr. Kase seconded. Allen Cohen explained that the ordinance was sent to the County for review and then it was then discovered that the version of the ordinance posted on the website was incorrect. The correct version, which removed the reference to the Environmental Rights Amendment and included other changes/provisions, was immediately car 6/7/2017 Regular Voting Meeting – Wednesday, May 17, 2017 posted on the website and re-advertised. The most recent proposed ordinance was recommended for approval by the Planning Commission, was reviewed by the County with no comments, and is now before Council for consideration. There were no questions from Council. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes. Mr. Perry had to leave the meeting and did not vote. Motion approved. ENGINEERING: 15A. CONSIDER APPROVAL FOR AUTHORIZATION TO ADVERTISE DPW-5-17 MUNICIPAL BUILDING FLAT ROOF REPAIR PROJECT. Mr. Kase moved to authorize the advertisement. Mr. Lorenz seconded. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes. Mr. Perry had to leave the meeting and did not vote. Motion approved. PUBLIC WORKS AND PARKS: 16A. CONSIDER APPROVAL FOR AUTHORIZATION TO ADVERTISE FOR A PUBLIC HEARING ON WEDNESDAY, JUNE 21, 2017, FOR THE MURRYSVILLE COMMUNITY PARK PHASE III MASTER PLAN CONCEPT. Mr. Lorenz moved to authorize the advertisement. Mr. Kase seconded. Recreation Director, Carly Greene, explained to Council that staff is ready to move forward to take a look at the very beginning of the concept plan for MCP Phase III. She reminded them that a contract was awarded to JT Sauer & Associates and meetings have been held with staff, Parks & Recreation Commission and the consultant to arrive at the proposed concept provided to Council. A survey has been available for public comment for about a month and will be closed at the end of May, at which time the responses will be compiled and ready for the June public hearing. Mr. Sauer will be present at the hearing to further explain how they arrived at the design concept and respond to any questions. Mr. Morrison said there has been a very good response to the survey. There were no questions from Council. Upon a roll call vote: Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Spadaro – yes. Mr. Perry had to leave the meeting and did not vote. Motion approved. OLD BUSINESS: Mr. Morrison discussed the renovations/improvements to the Staymates cabin and showed pictures of many of the renovations, including removal by the Public Works crew of much of the undergrowth along the access road. Staff is awaiting recommendations on the type of plantings to be used. A parking area for 8 cars was added. The building has bathroom facilities and running water and is ready for use. Staff is looking at closing the access from the gravel path onto Round Top Road because of visibility/sight distance issues. car 6/7/2017 Regular Voting Meeting – Wednesday, May 17, 2017 Regarding the Roberts property, Mr. Morrison explained that the County was the lead agency on soliciting bids because of the DCNR money put into the project. The bids came in significantly higher than the estimate and those bids will be rejected. Staff has taken a second look at the plans and decided that a number of the items originally planned to be contracted out will be done in-house (utility lines, subgrade work). It is proposed to add the paving to the overlay program and the retaining wall between Airgas and the property will be done by the Public Works department. Hopefully, by taking out several items, the bids will better fit the budget number. The bid opening is scheduled for the first week of June. The parking lot was originally proposed to be done with pavers; it will now be done with asphalt. The sidewalk area by the visitor center, originally proposed to be stamped concrete, will be finished concrete ($30/yard difference in price). Staff will continue to keep Council informed as this project moves forward. NEW BUSINESS: None. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:50 p.m. to discuss a Real Estate issue and reconvened at 9:05 p.m. There was no action coming out of the session. ACTION ITEMS: None. ADJOURNMENT: With approval from the Solicitor, Linda Lyman 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 6/7/2017