Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, June 21, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, June 21, 2017 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members David Perry, Tony Spadaro, Loren Kase (arrived at 7:35), Jamie Lee Korns and Joan Kearns. Councilmen Josh Lorenz and Jeffrey Kepler were not in attendance. Also present were Mayor Robert Brooks, Solicitor George Kotjarapoglus, Chief Administrator James R. Morrison, Municipal Engineer Scott Hilty, Recreation Director Carly Greene and Special Events Coordinator Amy Wengrzyn. MAYOR BROOKS WELCOMES JULIA BAHNEY Mayor Brooks called upon Franklin Regional High School Principal Ron Suvak who spoke about the recent graduation ceremony and said he is privileged to work in a community and school district that values education. He mentioned many of the programs in which students are involved and accomplishments in the arts, academics and sports. Mayor Brooks then welcomed Julia Bahney, a 2017 graduate of Franklin Regional, who produced a public service video about texting while driving and was recognized by receiving the Young Producer Student Award (Emmy) from the National Academy of Television Arts & Sciences’ Mid-Atlantic Chapter. Julia’s video was shown and she discussed how she made it and how much time she spent on it. She will be attending Full Sail University in Florida, majoring in film. Both Mr. Suvak and Mayor Brooks expressed their pride in Julia’s accomplishment and Mayor Brooks presented her with a Certificate recognizing her award. PUBLIC HEARING A Public Hearing on the Murrysville Community Park Phase III Master Plan Concept began at 7:20 p.m. Recreation Director Carly Greene introduced Jim Sauer, the consultant working with the Municipality on the project, who explained the proposed Plan. A Master Plan is a vision and gives the opportunity to look at the park and evaluate where it is now, look for improvements and access priorities. Working from Phase II of the Master Plan, they looked at what was being built, what has been built, which programs the Master Plan had and if they are still viable. A series of implementation guides were developed and two Master Plan Concepts were proposed (A & B). The Plans were put into an interactive web page to give residents the opportunity to look at all of the elements and give feedback on the proposal. Suggested were an all-purpose field, playground with spray park, BMX and mountain biking trails, disc golf, picnic groves and passive recreation areas, improvements to Scouting Knob and a sledding/tubing area. He showed proposals and discussed in detail areas for an amphitheater, multi-sports field, spray park, BMX/mountain bike trails, wildlife & nature center, Scouting area, sledding areas, natural playground/walkways/picnic areas, including the proposed cost for each area. Addressing the proposed Plan were the following residents: Diane Stewart of 5770 Evans Road, owner of Idle Creek Stable, had concerns about the BMX trails proposed to be constructed in the area of the existing horse trails. She also mentioned the increased traffic which the park has brought to the neighborhood, posing a potential safety issue for horses and riders crossing the road to get to the trail. She is proposing an additional trail for horses be developed to link Bollinger Road with Farm Road in order to avoid the traffic on Wiestertown Road. She also mentioned the proposed sledding area, which has a creek and marsh at the bottom of the area, as well as the proposed walking trail which has a significant amount of wetlands and marshes in that area. Ms. Stewart noted that the community was promised, during the construction of Phase I and Phase II, that there would be no lights in the park and Phase III is proposing lights. car 6/23/2017 Regular Voting Meeting – Wednesday, June 21, 2017 Amy Ranier of 3011 Juniper Court helped build the horse trail and uses it on a regular basis. She said the proposed additions make the park seem more like a city park or amusement-type park and would ask that consideration be given to those who use the trails. Maggie Ranier of 3011 Juniper Court has a pony and uses the horse trails at MCP. She said she enjoys the trails rather than riding in a fenced area and using the trails has helped her become a better rider. Marlene Campas, 3334 Woodland Drive, helped to build the horse trail and, in walking the area in preparation for building it, the group paid particular attention to creating something that would have a low impact on the environment. She said she believes the population appreciates the green space and natural environment and asked staff to keep that in mind with Phase III. Debra Broderick, 4622 Windbrook Drive, boards her horse at the stable and rides on the trails. She mentioned the deer she sees in the evening and said if bike trails are put in, all of those animals will have to move out. Taking away something already existing that many people use would be sad. A BMX trail and a horse trail are not compatible. Michele Clarke of 5180 Mamont Road complimented the committee on the work done on the refinements in the park. She asked that the maintenance of Phase I and Phase II be included in the Phase III plan, especially the wetlands. She would like that area to be evaluated by the Conservation District and included in any future maintenance plans. She would also like to see a fully accessible handicapped playground. The one recently installed is not fully accessible. Third, she would like the Don Harrison Trail, which was accepted and named by Council, be identified through the park and be referred to on the map as the Don Harrison Trail. She said the joint work between the Municipality and the Westmoreland Conservancy needs to be recognized in the plan. She would also like to see a concerted volunteer use plan within the plan. Councilman Kase said he believes the plan is all-inclusive for everyone in the community. Mr. Perry said he loves the way the plan is laid out, but there are a couple areas still open for discussion. He mentioned the spray park and asked about the O & M costs. Mr. Sauer said that information will be provided and that there are two ways to construct the park: using a potable system or a recycling system. He explained both systems and the costs involved. Mr. Perry also mentioned the proposed lighting and said that installing lights will change the complexion of this rural part of Murrysville. He also had a concern about parking and said that with all the fields, there will not be enough parking when groups are holding tournaments. Mr. Kase said he has seen parking overflow and would rather have cars occasionally parked on the grass than to put in another paved lot. Diane Stewart said the traffic going to and from the park is bumper-to-bumper in the evenings and week-ends when the sports teams are using the fields. The roads are country roads and were not constructed or maintained to handle that amount of traffic. Amy Ranier again approached and asked what specific requests were made for such things as the spray park and BMX trails and whether those were options given for people to select or if they asked for them. Mr. Sauer said various items considered “hot topics” for parks were displayed and the survey calculated the highest selected items, along with write-in suggestions. Ms. Ranier asked if there is a BMX community in Murrysville. Mrs. car 6/23/2017 Regular Voting Meeting – Wednesday, June 21, 2017 Kearns said there is BMX and mountain biking activity in Pleasant Valley Park. She has no objection to bikes, but the trails can’t be next to the horse trails and there isn’t anywhere else in Murrysville to ride horses. Recreation Director Carly Greene clarified that the reason for the horse trail not being on the original map that was posted with the survey is that there is no map of the trails in MCP. She also said that the trails in the park and the conservancy trails are not noted on the map because they do not have them mapped and staff is working on getting that done. Ms. Greene was able to get a hand-drawn map of where the horse trail is located and she forwarded it to Mr. Sauer, who then put it on the map for this presentation. Mr. Morrison said staff would be happy to work with any groups that maintain trails so that they can be marked and accurately shown on the maps. Mrs. Lee Korns said, in looking at the data, it appears that the BMX track had the second lowest level of feedback on the survey and asked how it got prioritized for the plan. Mr. Perry said he believes any bicycle activity should be at PV park; there is a very active bicycle community that uses that park and volunteers have built and maintain those trails. Mrs. Kearns said Council needs to look at this plan with a very commonsense viewpoint. It’s not the initial cost – it’s the long-term cost and there are ways that kids can be entertained without breaking the bank. Mrs. Kearns said the weather can’t be controlled and ballgames will be cancelled; more importantly, comments from the residents indicate that there is a lack of playground facilities for younger children (under 5 years of age). She agreed that many of the proposed items are “frills” and the park will look like an amusement park. Michele Clarke again spoke about her 35-year history with parks and recreation in Murrysville and said that BMX has had a 20-year history since kids built their own track in Bear Hollow Park. There is a BMX group in the community and, although it may be in the minority, Council is here to serve both the minority and majority groups. One of the things communities do with parks and recreation, particularly recreation, is provide space for community, to make a sense of community. There is no downtown area, and the only place that provides a sense of community is the paved walking trail and some of the other amenities that MCP. The property was bought to be used as a “community” park, not a rural park. Kate Codd-Palmer, 2300 Country Place Court, said she frequents PV Park several times a week and would hope that Council does not choose to make that park a bike park. There were no further comments and the Public Hearing was closed at 8:20 p.m. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: *Mrs. Kearns suggested moving Items 16A and 16B to the top of the action items agenda ahead of Items 13 A through I. There was no opposition from Council. *Add check #22383 from the General Account to Traffic Systems and Services, representing the final payment for repairs to SR 22 and Mellon/Manor road intersection due to vehicle accident. car 6/23/2017 Regular Voting Meeting – Wednesday, June 21, 2017 Mr. Perry moved to approve the agenda as amended. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS C. MAY 17, 2017 MEETING MINUTES TO BE APPROVED Mr. Spadaro moved to approve the consent calendar items. Mrs. Lee Korns seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Dennis Skeers of 3165 Murry Highlands Circle advised that the Supreme Court issued its decision in the case of the Pennsylvania Environmental Defense Foundation vs. Commonwealth of Pennsylvania and came down on the side of the Environmental Rights Amendment, Article I, Section 27. He read an excerpt from Justice Bear’s decision. Based on those comments, and the fact that Council had previously indicated that changes to Murrysville’s recently-enacted ordinance could be made as the laws change, Mr. Skeers asked what Council’s plan might be in reviewing the decision in this case and any reconsideration of the ordinance. WORKSHOP ITEMS ADMINISTRATION: None. ENGINEERING: 10A. DISCUSSION ON DPW-5-17 MUNICIPAL BUILDING FLAT ROOF REPAIR PROJECT. Municipal Engineer Scott Hilty explained that 5 bidders picked up packets, 4 attended the pre-bid meeting, and 2 submitted bids. The bids came in at approximately $76,000; however, the current CIP budgeted $50,000 for the project. Staff looked at several options and was advised that waiting until next year could show a cost increase of 12-15%, as well as doing maintenance on the roof this year (approximately $2,500). Rejecting the bids and waiting could cost an additional $13,000. There may be additional reserve funds available to complete the project this year and not incur the additional $13,000. In speaking with the manufacturer and consultant, all felt the bid amount was reasonable. Staff recommends proceeding with the project this year. COMMUNITY DEVELOPMENT: None. car 6/23/2017 Regular Voting Meeting – Wednesday, June 21, 2017 PUBLIC WORKS AND PARKS: 12A. DISCUSSION ON THE MURRYSVILLE COMMUNITY PARK PHASE III MASTER PLAN CONCEPT. Mr. Morrison had received booklets relevant to the plan and Council felt they would need time to review and digest the material before have an in-depth discussion. The Discussion will be continued until the July 5 Council meeting. COUNCIL – ACTION ITEMS PUBLIC WORKS AND PARKS: 16A. CONSIDER APPROVAL OF ORDINANCE NO. 976-17, AN ORDINANCE AMENDING ORDINANCE NO. 390-92, AN ORDINANCE ESTABLISHING REGULATIONS FOR THE PARKS AND PLAYGROUNDS. Mr. Perry moved to approve the ordinance establishing regulations for parks and playgrounds, including the leashing of domesticated animals. Mrs. Lee Korns seconded. Mr. Perry asked Mr. Morrison to summarize the final regulations. Mr. Morrison said that when reviewing the ordinance, changes were made governing not only the leash law, but other regulations governing activities in the parks, including: (1) prohibited picking, disturbing, mutilating, transplanting or removing any plant unless directed by the Municipality; (2) use of skateboards (previously not permitted) now allowed in designated areas; (3) possession or consumption of alcoholic beverages now permitted in Sardis and Townsend Parks, as well as MCP by special permit; (4) smoking and use of tobacco added as a prohibited item; (5) dog leash must be no more than 8’, dogs permitted off leash…in the confines of the Brooks Family Dog Park and Townsend and Pleasant Valley Parks Monday through Friday…dawn until 3:00 p.m.; (6) dogs not permitted in certain park areas unless they are service dogs; (7) bow and arrow hunting areas identified; (8) language changes regarding security deposits; (9) changes to the fine structure for violations and the Municipal Manager has the authority to ban a domesticated animal from the park based on the recommendation from the Parks and Recreation Commission. Mrs. Kearns added that domesticated animals are not permitted on playing fields; all must be licensed and vaccinated and evidence must be visually displayed. There was no discussion on the ordinance. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – no, Mr. Kase – no, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Mr. Perry reminded that a no vote means that the ordinance will go back to its original form where there are absolutely no rules. Solicitor Kotjarapoglus advised that there must be 4 votes – either for or against – and Council doesn’t have 4 votes. In light of not having enough votes, Mr. Perry moved to table this item until the next meeting. Mr. Kase seconded. All present voted aye. Motion to table approved. car 6/23/2017 Regular Voting Meeting – Wednesday, June 21, 2017 16B. CONSIDER APPROVAL OF A BENCH DONATION FOR TOWNSEND PARK FROM THE ROTARY CLUB IN MEMORY OF JOHN LYNCH. Mr. Perry moved to approve the request from the Murrysville-Export Rotary Club for a bench donation in memory of John Lynch to be placed at Townsend Park, with additional funding from the Municipality. Mr. Kase seconded. Recreation Director Carly Greene explained that a request for the bench donation was submitted in honor of John Lynch, who was an active Rotarian and former Chief Administrator for the Municipality. The Parks and Recreation Commission approved the request and staff discussed adding additional funding on behalf of the Municipality to purchase a composite bench rather than the wooden bench normally installed in recognition of Mr. Lynch’s service to the Municipality. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. ADMINISTRATION: 13A. CONSIDER APPROVAL OF ORDINANCE NO. 975-17, MUNICIPAL FACILITIES USE POLICY. Mrs. Lee Korns moved to approve. Mr. Spadaro seconded. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. 13B. CONSIDER APPROVAL OF ORDINANCE NO. 977-17, REVISED 2017 FEES ORDINANCE. Mrs. Lee Korns moved to approve. Mr. Kase seconded. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. 13C. CONSIDER THE RESIGNATION OF MARCY BROWN FROM THE LIBRARY BOARD, AUTHORIZE TO ADVERTISE THE VACANCY, AND SEND A LETTER OF THANKS FOR HER SERVICE. Mr. Spadaro moved to accept the resignation. Mrs. Lee Korns seconded. Mrs. Lee Korns asked if the position had to be re-advertised or if a previous applicant could be considered. Mrs. Kearns said it had to be re- advertised, but that prior applicants are normally contacted to ask if they were still interested. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. 13D. CONSIDER APPROVAL OF AN ADDENDUM TO THE LIBRARY AGREEMENT. Mrs. Lee Korns moved to approve Addendum 1-A to the existing lease with the Murrysville Community Library. Mr. Spadaro seconded. car 6/23/2017 Regular Voting Meeting – Wednesday, June 21, 2017 Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. 13E/F. CONSIDER APPOINTMENT OF COUNCIL LIAISON TO THE FIRE TRUCK REVIEW COMMITTEE. CONSIDER APPOINT OF COUNCIL LIAISON TO THE PENNSYLVANIA VOLUNTEER TAX CREDIT PROGRAM. Mr. Perry moved to appoint a Council Liaison to a committee to review the specifications for the new Sardis fire truck and to make recommendations concerning the Pennsylvania Volunteer Tax Credit program. Mr. Spadaro seconded. Mr. Morrison advised that he met with the fire chiefs and that the Sardis fire truck is due for replacement; the company is working on the specifications with the purchase expected in 2018. As part of the discussion with the chiefs, it was agreed to set up a committee to review the specifications and cost and to evaluate the cost benefit. Mr. Morrison, Ms. Heming the fire chiefs and a representative of Council would form the committee. He explained the volunteer tax credit program and said that the most that can be credited would be ½% on earned income and 20% of the local real estate tax bill as the upper limit. Mrs. Kearns agreed to be the Council liaison, with Mr. Spadaro acting as back-up. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. 13G. CONSIDER APPROVAL OF THE SCHOOL RESOURCE OFFICER AGREEMENT FOR 2017-2018 Mrs. Lee Korns moved to approve the school resource officer agreement between the Franklin Regional School District and the Municipality of Murrysville. Mr. Spadaro seconded. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. 13H. CONSIDER APPOINTMENT OF JAMES R. MORRISON AS THE MUNICIPALITY OF MURRYSVILLE’S RIGHT-TO- KNOW OFFICER. Mrs. Lee Korns moved to approve the appointment. Mr. Spadaro seconded. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. 13I. CONSIDER APPROVAL OF THE ROBERTS’ TRAIL PROJECT. Mr. Kase moved to approve proceeding with the construction of the Roberts’ property trailhead and to commit $50,000 of Act 13 funds to support the project. Mr. Perry seconded. Mr. Morrison explained that the Municipality partnered with the County for this project, and also partnered with the county, the state and local funds for the development of the site. Because of the funds involved with car 6/23/2017 Regular Voting Meeting – Wednesday, June 21, 2017 the county’s DCED grant, the county took the lead in advertising for bids for the project. The bids came in substantially higher than what was originally estimated on the project. Some changes had to be made to stay on the timeline as originally planned. Some items were taken out of the original bid that staff believed could be performed in-house and the project was re-bid. The package, less paving, came in at $211,000. Bids were opened for the paving portion and were not significantly less than the county bids. Staff is recommending that the county’s bid from a coordination and responsibility point of view. Considering all of the above, an additional $75,000 is needed. The County can contribute $25,000 and staff is recommending that $50,000 come from the Act 13 funds. That money comes from oil and gas and recreation projects are an eligible use of those funds. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. COMMUNITY DEVELOPMENT: None. ENGINEERING: 15A. CONSIDER AWARD OF CONTRACT FOR DPW-5-17, MUNICIPAL BUILDING FLAT ROOF REPAIR PROJECT. Mr. Perry moved to award the contract under the assumption that an additional $35,000 is available to cover costs and the reserve. Mrs. Lee Korns seconded. Mr. Morrison said that, in order to authorize use of the funds, staff will be preparing a budget amendment to come before Council in August to straighten out all the money. Mr. Kase asked if it would be better to wait until next year, even though additional costs would be incurred, since $50,000 was just approved for the Roberts’ property and other acquisitions have been made this year. If other bids were received that were 50% over bid, they would be thrown out and he asked if it would be more beneficial to allot the money next year. Mr. Morrison said Council can be assured that when staff goes through the CIP budget this year, costs will be estimated much better. Mr. Perry said he believes there were some items not included in the initial bid and later added, resulting in the higher bids. Mr. Morrison said the estimate was done in 2015. Mr. Hilty explained that when the contractor was painting the roof in 2015, he prepared a quote for doing the main flat portion of the roof and didn’t include the parapet ends. It also proposed using the existing coping; however, the coping now has to be replaced. Additionally, the work carries a 20-year warranty rather than the 15-year warranty offered in 2015. There was no further discussion Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. 15B. CONSIDER AWARD OF DPW-6-17 ROBERTS PROPERTY PARKING LOT PAVING AND DPW-7-17 PUBLIC WORKS PARKING LOT PAVING. Mr. Morrison explained that, with the County assuming the paving portion of the Roberts’ property, staff is recommending that only the public works parking lot be accepted. car 6/23/2017 Regular Voting Meeting – Wednesday, June 21, 2017 Mr. Perry moved to reject the bids for the paving of the Roberts’ property parking lot, DPW-6-17. Mr. Kase seconded. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. Mrs. Kearns moved to accept the public works parking lot paving project, DPW-7-17, with a bid from Tresco Paving in the amount of $49,940.00. Mr. Perry seconded. Upon a roll call vote: Mr. Perry – yes, Mr. Spadaro – yes, Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes. Motion approved. OLD BUSINESS: None. NEW BUSINESS: None. EXECUTIVE SESSION: None. ACTION ITEMS: None. Mayor Brooks reminded everyone that Thursday is Cherie Weber’s last day and asked them to wish her well if they had the chance to see her. ADJOURNMENT: Mrs. Lee Korns moved to adjourn. Mr. Kase seconded. The Council Meeting concluded at 9:17 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 6/23/2017