Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, June 7, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, June 7, 2017 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Loren Kase, David Perry, Josh Lorenz, Joan Kearns, Tony Spadaro and Jeffrey Kepler. Councilwoman Jamie Lee Korns was not in attendance. Also present were Mayor Robert Brooks, Solicitor George Kotjarapoglus, Chief Administrator James R. Morrison, Finance Director Diane Heming, Recreation Director Carly Greene and Special Events Coordinator Amy Wengrzyn. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: *Under Council Action Items – REMOVE Item No. 13-C – Consider approval of the settlement terms of the Mine Safety tax assessment appeal; *Under Council Action Items – Consider authorization to re-advertise Ordinance No. 976-17, an Ordinance amending Ordinance No. 390-92, an Ordinance establishing regulations for the parks and playgrounds. The re- advertisement is due to the changes made to the Ordinance after the May 17 and June 7 Council meetings. Mr. Kepler moved to approve the agenda as amended. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. MAY 3, 2017 MEETING MINUTES TO BE APPROVED Mr. Spadaro moved to approve the consent calendar items. Mr. Lorenz seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Giuseppe Gulli, West Pike Street, again addressed Council regarding the leash law and asked Council to pass an Ordinance requiring all dogs to be on leash at all times in Murrysville’s parks. WORKSHOP ITEMS ADMINISTRATION: None. ENGINEERING: None COMMUNITY DEVELOPMENT: None. car 6/19/2017 Regular Voting Meeting – Wednesday, June 7, 2017 PUBLIC WORKS AND PARKS: 12A. DISCUSSION CONCERNING PARTNERING WITH CLELIAN HEIGHTS FOR LANDSCAPE MAINTENANCE AT MURRYSVILLE COMMUNITY PARK. Chief Administrator Jim Morrison advised Council that staff met with representatives of Clelian Heights and learned that the school has funding available through the State to be used to place individuals into the community workplace for training and to develop skills to enable them to obtain permanent employment. There are areas in MCP that need weeded and tended, and the Clelian Heights staff felt this type of work would fit their program and is interested in developing a relationship with the Municipality. Clelian Heights would be willing to send a crew out on a volunteer basis to see if it would work for both parties and then consider a more permanent basis. If the program works, it would be on a contractual basis with Clelian; Murrysville would establish a work schedule for 3 workers and a job counselor to oversee the work. The Municipality’s commitment would be to identify the projects, provide hand tools and materials necessary to complete the work, and pay the individuals working. Mr. Morrison provided Council with copies of Clelian’s workers’ compensation and liability insurance documents. Mr. Kase asked if the school has done this type of work in other Municipalities. Mr. Morrison said there are a number of organizations that have similar programs but he’s not sure if there are currently any relationships with other Municipalities; however, he said he worked with people from ARC when he was in the private sector and the employees are very good at their tasks. Mr. Lorenz asked if the individuals would be considered employees of the Municipality or if they would be employees of Clelian Heights and the Municipality would be contracting with them. Mr. Morrison said he envisions it being a contractual relationship with Clelian. Mrs. Kearns had concerns about starting the work in the heat of the summer. There was discussion about job coaches or persons who stay with the workers and who would be paid (workers and/or job coach). Mr. Morrison said only the workers would be paid; the job coach would be paid by Clelian Heights. Council was in agreement to move forward with this program. 12B. DISCUSSION CONCERNING PROPOSED ORDINANCE NO. 976-17, AN ORDINANCE AMENDING ORDINANCE NO. 390-92, AN ORDINANCE ESTABLISHING REGULATIONS FOR THE PARKS AND PLAYGROUNDS. Mr. Morrison said he took Council’s recommendations from the last discussion and made the appropriate changes to the ordinance, including responsibility for banning dogs from the parks, adding PV Park to allow dogs off leash, and the recommended hours for dogs to be off leash. There was continued discussion about the length of leash, with the consensus being 6-8 feet. Mrs. Kearns mentioned the use of training collars and suggested that be considered as a method of “control” by the dog owner. Mr. Morrison researched the collars and found that: (1) the dog must be in line of sight – any obstacle deteriorates the signal, and (2) collars can be obtained for many different prices and the better the collar, the better the distance and response from the animal. car 6/19/2017 Regular Voting Meeting – Wednesday, June 7, 2017 Mr. Spadaro said more people are aware that Council has been discussing the leash issue and he has heard from many that would like to see dogs under leash at all times in all parks. His concern is that allowing off-leash in Townsend and now PV Parks, people will want it to be allowed in other parks close to their homes. He believes that all dogs, at all times, should be on a leash. Mr. Perry said he has the opposite comments and that people would like to see Townsend kept at some reasonable amount of hours open for dogs off leash. He also said that, when questioned about PV Park, he was told it was “fair game” because few people use it except for bikers. Mr. Lorenz said there are legitimate views on both sides and Council is trying to accommodate everyone so that everyone can use the parks. Mr. Kase said he wasn’t sure about having an exception, but thinks one exception in the park system is worth trying. He said adding other parks would make it confusing and it should be limited to one park. Mr. Kepler said he has made his position known and he is against any leash law. He said the problem is with the owners; he has seen plenty of people get attacked even when the dog is on a leash. It’s about the owner being responsible and understanding what it takes to control the dog and he said the focus should be on more aggressive enforcement of the existing rules. Mrs. Kearns said she agreed with Mr. Kepler on many issues and mentioned the possibility was raised of early hours on Saturday and Sunday. However, the pavilions are sometimes rented early on the week-ends, which would complicate things. She also noted that, in following the regulations, they are only as good as the person who reads the sign. She suggested that the language on the signs needs to be more specific and reiterated that dog owners must understand that there is a responsibility on their part to keep their dogs on leads. Mr. Morrison said that all parks have a regulation that dogs must be under the control of the owner and, according to the state dog law officer, control means that when the owner commands, the dog must heel. Mayor Brooks said the leash must be used for the protection of people that are afraid of dogs. He believes the proposed ordinance is a reasonable compromise. As far as enforcement, he said it’s impossible to enforce unless there is a law that says the dog must be on a leash. Mrs. Kearns stated that she would like to see PV Park included as off-leash because of the minimal use by residents except for walking and biking. Mr. Spadaro reminded Council that comments were made at a prior meeting that if Murrysville has a no-leash law people from other communities will come to use the parks with their dogs. Mrs. Kearns said that non- residents already bring their dogs to the parks. Mr. Spadaro said that now there will be more people bringing their dogs. Mrs. Kearns said she doesn’t believe the number will change; Mr. Spadaro said he wanted to go on record as stating that he believes that will change. Mr. Lorenz reminded Council that if this ordinance passes and it is found that it isn’t working, it’s not difficult to bring it back before Council and address the problem. Council discussed the hours to allow dogs off leash and recommended dawn until 4:00 p.m. Mr. Morrison said staff recommended dawn to 2:00 and reminded Council car 6/19/2017 Regular Voting Meeting – Wednesday, June 7, 2017 that it gets dark earlier in the winter. After additional discussion, the final recommendation is that dogs can be off leash at Townsend and PV Parks from dawn until 3:00 p.m. There was discussion about alcohol permits in parks, as well as the condition of some of the parks (good comments about Sardis and Chambers). There was also discussion about signs to be placed in the parks. COUNCIL – ACTION ITEMS ADMINISTRATION: 13A. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 975-17, MUNICIPAL FACILITIES USE POLICY. Mr. Lorenz moved to authorize the advertisement. Mr. Kepler seconded. Mr. Morrison said he met with library representatives and they were satisfied and waiting for the Board to take official action. The new lease would then be presented to the library. Mr. Kase again suggested that the groups that are exempt from paying for advertising on the community electronic board be given some regulations as to the number of hours permitted each month. Mr. Morrison said the sign scrolls and each message is only about 30 seconds so limiting the number of messages per month might be more appropriate. Mr. Lorenz suggested a caveat limiting the type of message to be displayed. Mr. Morrison said the process is that the group emails the requested message to him, which he reviews and edits if necessary and is then sent to be posted. Upon a roll call vote: Mr. Kase – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Kepler - yes. Motion approved. 13B. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 977-17, REVISED 2017 FEES ORDINANCE. Mr. Kepler moved to authorize the advertisement. Mr. Kase seconded. Finance Director Diane Heming noted the revisions which were made to the ordinance and specifically noted the deletion of two options pertaining to use of the concession stands and storage facilities in the parks. There were no questions from Council. Upon a roll call vote: Mr. Kase – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Kepler - yes. Motion approved. 13C. CONSIDER APPROVAL OF A SETTLEMENT TERMS OF THE MINE SAFETY TAX ASSESSMENT APPEAL. This item has been removed from the agenda. COMMUNITY DEVELOPMENT: None. car 6/19/2017 Regular Voting Meeting – Wednesday, June 7, 2017 ENGINEERING: 15A. CONSIDER AUTHORIZATION TO ADVERTISE DPW-6-17 ROBERTS PROPERTY PARKING LOT PAVING AND DPW-7-17 PUBLIC WORKS PARKING LOT PAVING. Mr. Perry moved to authorize the advertisement for the two projects under the same bid documents, with the provisions that the projects can be awarded together or separately. Mr. Spadaro seconded. Municipal Engineer Scott Hilty explained that this is part of the re-bid for the Roberts property project for the sub-base and paving and also includes the public works parking lot (which was part of the CIP). It is proposed to advertise the bid request next week with bids being opened later in the month. If the pricing is right, the projects will come back to Council to award the bids at the July 5 meeting. Upon a roll call vote: Mr. Kase – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Kepler - yes. Motion approved. PUBLIC WORKS AND PARKS: 16A. CONSIDER AUTHORIZATION TO RE-ADVERTISE ORDINANCE NO. 976-17, AN ORDINANCE AMENDING ORDINANCE NO. 390-92, AN ORDINANCE ESTABLISHING REGULATIONS FOR THE PARKS AND PLAYGROUNDS. Mr. Perry moved to re-advertise the ordinance. The re-advertisement is due to the changes made to the ordinance after the May 17 and June 7 Council meetings. Mr. Lorenz seconded. Mr. Kase clarified that the changes are to the length of leash, hours allowing dogs off leash (dawn to 3:00 p.m.), and the inclusion of PV Park, as well as the security deposit for an alcohol permit in the park being $200. Upon a roll call vote: Mr. Kase – no, Mr. Perry – yes, Mr. Lorenz – yes, Mrs. Kearns – yes, Mr. Spadaro – no, Mr. Kepler - yes. Motion approved. OLD BUSINESS: None. NEW BUSINESS: None. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:25 p.m. to discuss a Real Estate issue and reconvened at 8:48 p.m. There was no action coming out of the session. ACTION ITEMS: None. ADJOURNMENT: Mr. Spadaro moved to adjourn. Mr. Lorenz seconded. The Council Meeting concluded at 8:49 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 6/19/2017