Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, August 2, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, August 2, 2017 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Tony Spadaro, Jeffrey Kepler, Loren Kase, Joan Kearns, David Perry, Jamie Lee Korns, and Josh Lorenz. Also present were Mayor Robert Brooks, Solicitor George Kotjarapoglus, Chief Administrator James R. Morrison, Recreation Director Carly Greene, Special Events Coordinator Amy Wengrzyn and Municipal Planner Allen Cohen. MAYOR BROOKS WELCOMES MURRYSVILLE AAUW Mayor Brooks welcomed the officers of the American Association of University Women (AAUW) and gave a short history of their work and beginnings in Murrysville (chartered in 1971). He noted that they advocate for women’s rights, equality, and fair treatment, give scholarships, present informative programs, conduct a yearly book sale, and host candidate night prior to elections. There were 3 officers and 3 charter members in attendance. Each member introduced herself, explained her position in the group, and told why she joined. Education/Program Director Michele Clarke spoke about many of the programs previously presented. Mayor Brooks thanked the women for their contribution to the community and presented them with a Certificate of Appreciation from the Municipality. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: ADD: Council Action Items – 13D. Authorize the Solicitor to File a Complaint for Injunction against Timothy and Sherry Gardner to stop construction of a swimming pool which is purported in violation of rear and side yard setbacks and proposes a danger to the health, safety and welfare of the community. Mrs. Lee Korns moved to approve the agenda as amended. Mr. Kase seconded. All present voted aye, with Mr. Perry abstaining because he knows the family personally. Motion approved. CONSENT CALENDAR ITEMS: A. JULY 5, 2017 MEETING MINUTES TO BE APPROVED Mr. Kepler moved to approve the consent calendar items. Mrs. Lee Korns seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Michael Hiler of 4915 Piney Branch Lane spoke in support of the BMX and Frisbee golf areas proposed in the MCP Master Plan Phase III. He works with the youth and said they were very excited when they saw these 2 areas proposed for the Park. Barbara Sims, 3837 Hills Church Road, attended a hearing on an injection well proposed for Plum Borough. She encouraged Council to be prepared for possible applications in the Municipality so that they are not “blindsided” like Plum officials. car 8/21/2017 Regular Voting Meeting – Wednesday, August 2, 2017 Alex Foust, 4730 Saltsburg Road, who is a Scoutmaster for one of the Murrysville Scout troops, spoke on behalf of the Boy Scouts in support of the proposed plan for MCP and said that Frisbee golf is by far the fastest growing interest of the boys. He has taken the boys to other venues to play since there is nothing in Murrysville. Additionally, Franklin Regional High School now has a Frisbee team. Mike Stanovich, 4339 Bulltown Road signed up to speak but passed. Dave Hood, Jr., 4676 Stewart Court, read a letter from Becky Maraney that was sent to Mr. Morrison on March 27 regarding an incident with adults and a dog that occurred at MCP. Mr. Hood asked if Council had received a copy of the letter. Mrs. Kearns said she doesn’t keep her Council packets from that far back and depends on the Chief Administrator to disseminate all information. Mr. Morrison asked Mr. Hood if he was suggesting that the information was not passed on to Council; Mr. Hood said yes. Mr. Morrison said he has a packet of letters he has received on this issue, all of which were forwarded to Council; he said he is not certain whether this particular letter was included. He said he would not knowingly not pass forward comments to the elected officials. Mr. Kase said that he is confident that no one on Council is going to make a decision based on one person’s comments on one incident. Mrs. Kearns said Mr. Hood is making an assumption that the letter was not passed on; Mrs. Lee Korns said Council had received numerous letters from Mr. Morrison and directly from community members on both sides of the issue, but could not recall if that specific letter was included, and she has never known him to withhold any information from Council. Mr. Hood said the man in question was Mr. Gulli; Mrs. Kearns said his name is not mentioned in the email and there is no certainty that he is the man who approached Ms. Maraney. Mrs. Kearns said Council has taken far longer than anticipated to reach what they believe is a reasonable compromise to this issue. WORKSHOP ITEMS ADMINISTRATION: 9A. A DISCUSSION ON THE PROPOSED REGULATION OF INJECTION WELLS. Mr. Morrison advised Council that he attended a recent public hearing held in Plum Borough. As directed by council, attempts were made to contact the gentleman at EPA responsible for taking public input on the application through phone calls and emails with no response. Officials at Plum were quite surprised at how far along the application had progressed with EPA, given that no public notice was given. The applicant said that notice was published in the Tribune-Review in June. In reviewing the Municipality’s files, it was found that staff had received a well application permit for a re-work of a well that was identified as the Sadat 3A well in Plum Borough. Mr. Morrison said he would be surprised if someone could determine that it was an application for an injection well. He spoke with Scott Perry at DEP to inquire to what extent DEP regulates injection wells; Mr. Perry defined it as an evolving process at DEP. Mr. Morrison said that the reason the DEP doesn’t have regulations in place is that under injection wells (there are six classes), states are given the opportunity to opt in or opt out and give the authority to permit them to the federal government or assume it on their own. Pennsylvania chose not to assume the role of regulating it car 8/21/2017 Regular Voting Meeting – Wednesday, August 2, 2017 because, in their mind, they didn’t believe injection wells were going to occur in Pennsylvania, mainly because of the geology. Within the past 1 ½ years, two wells have been permitted in Pennsylvania – in Clearfield County and Indiana County. Both of those were permitted to the actual producers of the waste product. In this particular instance, the Penneco application is not specifically for their drilling activity but to be identified as a commercial activity. Both DEP and EPA said this is very similar to Marcellus in that the EPA defers to the local agency as to where, but not how, and the DEP stands in the same position according to Mr. Perry. Mr. Morrison explained that this particular well is to be drilled approximately 1,942 feet deep into the Murrysville sands, which is a very porous strata and ideal for the acceptance for this type of waste. Murrysville is faced with a similar land use issue that it dealt with regarding Marcellus in that it can’t exclude based on the advice staff is getting, but it can regulate. At this point, it appears to be a commercial activity and is no different, in his mind, than a landfill operation, disposal of waste, management of waste. Staff will carry that forward in developing recommendations for Council to review as a commercial use to be regulated in that manner. He continued that DEP does not react to nor accept an application until it has been permitted by EPA. In the Clearfield and Indiana County instances, conditions were added to the permit, in particular, that seismic equipment be on site to monitor seismic activity. Mr. Morrison’s concerns are that, while Marcellus is more of an industrial operation, this permit is for 54,000 barrels of fluid per month to be permitted for a 10-year period; there are a number of shallow wells that have been drilled in Murrysville, but no one knows where they are (2 were found when the current administration building was being constructed), and they can certainly serve as a conduit for the fluid to move through. Municipal Planner Allen Cohen reiterated Mr. Morrison’s comment that this is clearly a land use issue (like a landfill or similar disposal areas). The questions revolving around what can be in an ordinance are the where and the typical land use issues associated with developments. Therefore, decisions need to be made on where it is appropriate for this “commercial industrial” use within drilling districts, and how – “how” meaning is it a permitted use or conditional use? The initial analysis of uses of this type being more manufacturing than industrial is that because Murrysville has a B District as opposed to an Industrial District, any industrial or manufacturing use of this type is a conditional use in the B District. Also, from a zoning perspective, what type of special regulations would be in the conditional use standards for this type of use, such as setbacks from other land uses, impact, analysis of what type of buffering is needed, and analysis of noise requirements/noise impacts from the site. The size of property required for this type of development would also be a consideration. In additional to having a well on the site, there is the issue of trucks loading and unloading; it is clearly a land development, requiring approval through the SALDO and all associated requirements of that ordinance. This includes the environmental impact statement, storm water management and, of particular concern, the traffic impact. The process would be to develop a pending ordinance for Council’s review and discussion and moving that through the development process. Once recommended, it would then go to the County for review comments and the adoption process, including a public hearing. Mrs. Lee Korns noted that the agenda briefing asked for permission to spend up to $3,000 on this item and asked what those funds would be used for. Mr. Morrison said it would be used for special counsel and any costs car 8/21/2017 Regular Voting Meeting – Wednesday, August 2, 2017 incurred for the continued relationship with the expert (Rob Hillard). Mr. Perry said he is familiar with Mr. Hillard and said he understands injection wells and was involved with the Clearfield County well. Mrs. Lee Korns asked Mr. Morrison to speak on the Highland Township (Elk County) lawsuit wherein the DEP ruled that the Township had no ability to regulate the wells and that it was in the purview of the DEP. Mr. Perry said Highland tried to kill it, not regulate it. Mr. Morrison said that in Elk and Indiana Counties, they tried to exclude the well. DEP sued to clarify whether Home Rule communities could totally ban the use and was looking for clarification from the court. Mr. Morrison challenged Mr. Perry to show where in 78A or Act 13 the injection wells were regulated because in his mind it’s not a well as we know a gas well; it’s a conduit to eliminate waste, it is not regulated in 13 and 78A – to the extent that it’s regulated there – deals mainly with holding tanks. He said Act 13 may give the Municipality more flexibility in regulating that because of State regulations not being in place. Mr. Cohen added that the site being proposed in Plum is going to be used by many different users as opposed to one user associated with one particular well site. That clearly separates it from being part of a Marcellus operation. He said there could be a Marcellus operation outside of the Municipality that utilizes it as a landfill as a place to dispose of the fluids. Mr. Morrison said it should be noted that the EPA guidelines regulate all classes of wells under the Safe Water Drinking Act, not wells, or production of gas, or any of those other activities. EPA is looking at this to determine the impact on safe water and nothing else. Mr. Perry said he doesn’t see the DEP taking primacy on the UIC program at any time in the near future; it has significant budget issues and a lot of constraints; it has lost a number of people and won’t be able to take the program over. There are 6 classifications of wells and each one is looked at as to potential hazards; it’s not looked at under the purview of oil and gas production. Mr. Kepler asked about the lateral dispersion and Mr. Perry gave an explanation of that issue. Mr. Lorenz moved to direct staff to proceed and to allow expenditures up to $3,000. Mr. Spadaro seconded. All present voted aye. Motion approved. 9B. A DISCUSSION CONCERNING A DATE FOR A PUBLIC HEARING FOR THE AMENDMENTS TO THE 2017 CAPITAL BUDGET AND 2018-2022 CAPITAL IMPROVEMENTS PROGRAM. Mr. Morrison explained that there have been a number of changes to the 2017 CIP because of the borrowing and some of the projects (irrigation project and one other). In order to keep the books in order, Council needs to look at amending some of the line items. Staff proposed holding the hearing for amending the 2017 CIP in conjunction with a public hearing on the 2018-2022 CIP to be scheduled for August 16, 2017. ENGINEERING: None. COMMUNITY DEVELOPMENT: None. car 8/21/2017 Regular Voting Meeting – Wednesday, August 2, 2017 PUBLIC WORKS AND PARKS: 12A. A DISCUSSION CONCERNING THE MURRYSVILLE COMMUNITY PARK PHASE III STUDY. Mr. Morrison advised that some of the items discussed at a prior meeting have been reviewed by staff, including Public Works, regarding maintenance of proposed projects, and additional information has been gathered on such items as the spray park. Staff is prepared to discuss each item recommended in the proposed plan as requested by Council. Recreation Director Carly Greene first gave information on the multi-purpose turf playing field, which is proposed to serve, lacrosse, baseball, football and soccer. There were comments about field #1 and the inability to use it if there had been rain. Mr. Morrison explained that the field was re-graded several years ago to make it flat, thereby causing drainage issues. He also said that some of the recommendations, such as disc golf, scouting knob and the sledding area, are dictated by the lay of the ground and the use of the ground. Mr. Perry asked about long-term O & M, especially concerning the turf field and spray park. Mr. Morrison said staff is aware that the field needs addressed every three years on an intensive maintenance schedule; staff is not certain of the annual maintenance cost for a turf field, but will consult with local schools that have turf fields. An extensive discussion on the field was held, with concerns noted about how it would be determined which team would be permitted to use the field and the costs to maintain the field because of the extensive use expected. Mr. Lorenz suggested that there is room for multiple fields in that area and because of the demand for fields the Municipality might be able to rent the field(s) to generate revenue. Because of the length of the discussion on just one item, Mr. Perry suggested that Council hold some type of workshop to discuss the proposed projects in detail. Mr. Kepler said that this is a guideline and the point is that Council pass the guideline and then, at a later time when Council wants to move forward with one of the projects, they hold a detailed discussion on that project. Mrs. Kearns said she thinks staff wants Council to cast its blessing on the whole master plan and she doesn’t think Council is ready to do that. She also said that she had previously asked Council to send comments, concerns and/or questions on various portions of the plan to Mr. Morrison and Ms. Greene so that there is some place to start. Mr. Morrison said if the issue is cost and going forward, there are three projects to be discussed from an ongoing maintenance point: turf field, spray park, and nature center. The other projects are just part of general improvements that have been made at the park for the past 9 years. The staff, along with a lot of effort from Public Works, has developed the facility into what he believes is one of the prime facilities in the area. The work has not been done without evaluating costs and the opinion of Council and the community. He is willing to discuss each project at the time it is ready to go forward; staff does not have authority to spend that kind of money and goes through multiple processes for that to occur. Some of the projects might mean only hiring an additional summer employee – the Municipality has the equipment and is doing that kind of maintenance now. This [Phase III] is a conceptual planning process and this is how it’s put forward. He is willing and prepared to debate all 12 items. Staff is looking for consideration and consent that the geography at the park and the demand of the community led staff in this direction. They would like Council’s stamp of approval and debate at the time that it comes before Council and he is willing to qualify that this is a concept by adding a preamble to the Plan. Council is agreeable to that approach. car 8/21/2017 Regular Voting Meeting – Wednesday, August 2, 2017 COUNCIL – ACTION ITEMS ADMINISTRATION: 13A. CONSIDER A MOTION TO JOIN IN A TAX APPEAL WITH THE FRANKLIN REGIONAL SCHOOL DISTRICT AND THE COUNTY OF WESTMORELAND CONCERNING THE REAL ESTATE TAX APPEAL BY MINE SAFETY APPLIANCE OF THEIR 2016 AND 2017 PROPERTY TAX. Mr. Perry moved to approve a tax appeal settlement with MSA Worldwide, reducing its assessed value from $1,710,860/year to $1,465,200 for tax 2016 and 1,280,000 for tax year 2017. Mr. Kase seconded. Mr. Morrison advised that he had been in touch with the school district’s business manager and learned that an appraisal was done. The school district’s appraisal came in at $7.9 million, while MSA’s appraisal was $7.1 million. The parties settled at $7.4 million to avoid legal action by MSA. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes. Motion approved. 13B. CONSIDER APPROVAL TO ADVERTISE FOR A PUBLIC HEARING FOR AMENDMENTS TO THE 2017 CAPITAL BUDGET. Mrs. Lee Korns moved to advertise for a Public Hearing for amendments to the 2017 Capital Reserve Budget on August 16, 2017 at 7:00 p.m. Mr. Lorenz seconded. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes. Motion approved. 13C. CONSIDER APPROVAL TO ADVERTISE FOR A PUBLIC HEARING FOR THE 2018-2022 CAPITAL IMPROVEMENTS PROGRAM. Mr. Lorenz moved to advertise for a Public Hearing for the 2018-2022 Capital Improvements Program on August 16, 2017 at 7:15 p.m. The workshop would be held during the regular Council meeting. Mrs. Lee Korns seconded. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes. Motion approved. 13D. CONSIDER A MOTION TO AUTHORIZE THE SOLICITOR TO FILE AN INJUNCTION AGAINST TIMOTHY AND SHERRY GARDNER, 4990 CHERRY DRIVE, MURRYSVILLE, PA 15668 TO STOP CONSTRUCTION OF A SWIMMING POOL AT THIS LOCATION WHICH IS PURPORTED IN VIOLATION OF REAR AND SIDE YARD SETEBACKS AND PROPOSES A DANGER TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. Mr. Lorenz moved to authorize the Solicitor to prepare and file, and Council President to sign, a complaint for an injunction against Timothy Gardner and Sherry Gardner of 4990 Cherry Drive, Murrysville, PA 15668, in the event that it’s needed, and the injunctive relief would be including one or more of the following: (1) to stop construction on the swimming pool at said location; (2) to direct abatement of a violation of the zoning ordinance on the side and rear yard setback encroachments; and (3) to install required fencing as required by car 8/21/2017 Regular Voting Meeting – Wednesday, August 2, 2017 the zoning ordinance. The determination to initiate the suit for injunctive relief would be made after the Magisterial hearing scheduled for August 9 and just to reiterate, the relief may include preliminary injunctive relief if deemed necessary. Mr. Spadaro seconded. The Solicitor noted that the administration has a very nice summary in its briefing. He supplemented the briefing by noting that the initial encroachment began in 2016. The administration gave the property owner an opportunity to acquire a strip of ground from a neighbor, who was supposedly willing to sell. That was not accomplished in 2016; we ended up having a notice of violation issued at that point in time and a stop work order. Again in the spring work started, and again time was permitted of about 2 months to try to acquire the strip of ground. Those efforts have failed, which is why we’re going to be at the Magistrate’s hearing on Wednesday to see if there can be a resolution of it. Under the stipulation that was entered into, he was to remove that voluntarily at the end of the summer or, if negotiations failed with the adjoining property owner, which is where we’re at now. We want to make sure we get the encroachment resolved. Mr. Perry asked if there was a statute of limitations on when the Municipality can actually send an order out to say “all your negotiations have broken down, you need to blow this thing apart now?” Mr. Kotjarapoglus said he has been in communication with both attorneys and the seller extended an offer 5 weeks ago, and has had no response so at this point the negotiations are ended. Mrs. Lee Korns asked if the Gardners had been paying the fines. The Solicitor said the Magistrate’s hearing will determine the fines. He also said he would consent to a continuance if the parties were in good-faith negotiations, but that’s ended and he will be sending a letter to the attorneys indicating that. There was no further discussion. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – recused himself as he knows the Gardners personally, Mrs. Lee Korns – yes, Mr. Lorenz – yes. Motion approved COMMUNITY DEVELOPMENT: None. ENGINEERING: None. 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. Kepler moved to approve. Mr. Perry seconded. Mr. Morrison explained that, at the direction of Council a change was made to Section 166-3(1) in that the dogs are permitted to be off leash or otherwise controlled in accordance with state law in the confines of the Brooks Family Dog Park and Pleasant Valley Park. Mrs. Kearns clarified that Pleasant Valley Park is 7 days a week, dawn to dusk. Mr. Spadaro also wanted to clarify that Brooks Dog Park is off-leash, PV off-leash, Townsend basically off-leash (Mr. Morrison said Townsend is permitted off-leash Monday through Friday dawn until 3:00 p.m.). Mr. Spadaro said the Municipality now has three dog parks. Mr. Morrison said that’s a matter of opinion. Mrs. Kearns said that before Council votes on this, she thinks the most important facet of the whole, lengthy discussion, is owner responsibility, knowing how car 8/21/2017 Regular Voting Meeting – Wednesday, August 2, 2017 to read signs and following directions. This issue has been caused by owners who have been irresponsible with their animals. There was no further discussion. Upon a roll call vote: Mr. Spadaro – no, Mr. Kepler – no, Mr. Kase – no, Mrs. Kearns – yes, Mr. Perry – yes, Mrs. Lee Korns – yes, Mr. Lorenz – yes. Motion approved OLD BUSINESS: Mr. Morrison advised Council that after the presentation on the upgrades to the audio/visual equipment for the building, further investigation revealed that the equipment could be purchased through CoStars. If staff determines that the cost is reasonable, the purchase should be pursued through CoStars. Mrs. Lee Korns asked if there is any update on filling the vacancy on the Library Board and asked if Jan Swearingen had been contacted. Mr. Morrison said no applications were received and he hasn’t seen Ms. Swearingen. Mrs. Kearns suggested that Mrs. Lee Korns might be able to contact Ms. Swearingen. NEW BUSINESS: None. EXECUTIVE SESSION: None. ACTION ITEMS: None. ADJOURNMENT: Mrs. Lee Korns moved to adjourn. Mr. Kase seconded. The Council Meeting concluded at 8:55 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 8/21/2017