Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, September 6, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, September 6, 2017 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Tony Spadaro, Joan Kearns, David Perry, Josh Lorenz, Loren Kase, and Jeffrey Kepler (via phone). Councilwoman Jamie Lee Korns was absent from the meeting. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, Finance Director Diane Heming, and Municipal Engineer Scott Hilty. Prior to the start of the meeting Mayor Brooks welcomed Jan Swearingen, who explained why she chose to serve as a member of the Murrysville Library Board and commented on the services provided by the Library pertaining to all age groups. Mrs. Swearingen read the oath of her office and Mayor Brooks attested to her appointment and congratulated her. MAYOR BROOKS WELCOMES ANTHONY BERARDINELLI Mayor Brooks welcomed Anthony Berardinelli, a Health & Physical Education teacher in the Franklin Regional School District, who spoke about a “Project Fit America” grant Heritage Elementary School received which provided the school with indoor and outdoor fitness equipment. Mr. Berardinelli then started a Heritage Fitness Club to teach the students lifelong fitness skills. The group of 30-40 fourth & fifth grade students meets every morning for an hour to engage in fitness activities. For his efforts, Mr. Berardinelli was named as the Project Fit America 2016 All-Star Teacher of the Year. Mayor Brooks noted that there are normally 3-5 people selected for this honor; however, Mr. Berardinelli was the only person selected in 2016. He will now be going to other schools throughout Pennsylvania to instruct teachers on how to work the Fit America program. Mayor Brooks congratulated Mr. Berardinelli on his accomplishment and presented him with a Certificate of Appreciation for his work with the students. PUBLIC HEARING A Public Hearing was held at 7:22 p.m. on the proposed amendment to the Municipality of Murrysville’s Act 537 Program dealing with thirty-seven properties along Pucketa Creek. Mr. Morrison explained that the public hearing is a necessary step in the process to amend the Municipality’s Act 537 Plan to review and justify the acceptance of the 37 properties into the Plan and the Washington Twp. system. This is a DEP process, which requires a public hearing and, following the hearing, Council will need to pass a Resolution. The hearing was then open for public comment. Lynn Full, 5001 Greensburg Road, wanted to reiterate that the process is voluntary and that no one is being “made” to tap in. Lynn Hale of 5196 Ashbaugh Road asked Council when the Ashbaugh residents would be getting sewage. She is on a tributary of Pucketa Creek and asked if there is anything proposed in the future for those residents. Mr. Perry responded to Ms. Hale and said it would be an act of God before that area ever has sewage. She then asked about the requirement to show proof that septic tanks have been cleaned & inspected every few years. car 10/2/2017 Regular Voting Meeting – Wednesday, September 6, 2017 She also said if her tank fails, she doesn’t have the required acreage or money for a new system and wanted to know what she is to do. Mr. Morrison said he remembers that the inspection/reporting issue was a bit of contentious item when the ordinance was passed and it ended up that it is voluntary – residents are supposed to check it every few years and if the tank needs to get pumped, that is supposed to get done. Mr. Perry said if the septic system fails, that’s under DEP regulations, not the Municipality. The only time there would be an issue is if the house is sold, and then it would be between buyer & seller. Mr. Morrison said the primary responsibility for sanitation in the Municipality is with Franklin Township Municipal Sewer Authority; it’s never been the policy of the Municipality or the Sewer Authority to extend on it. Any lines that were installed were done by private developers. He said that when she eventually sells her home, as part of the mortgage process there will be a requirement to have the septic tank inspected and the code enforcement officer will work with the property owner to get the system to a point where it passes if it is failing. All indications are that there will not be lines in that area. Lynn Full again approached Council to discuss the fees involved in tapping into the system and said since it is voluntary, if residents don’t want to tap in and pay the fees, they don’t have to. Each property owner should have the opportunity to decide whether or not to tap in and not have someone else make that decision. Mr. Morrison clarified “voluntary” and said that if the system is failing, can’t be corrected, and the structure is habitable, it has to be connected to the system. Council had no questions and the Public Hearing was closed at 7:25 p.m. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None. CONSENT CALENDAR ITEMS: A. AUGUST 2, 2017 MEETING MINUTES TO BE APPROVED Mr. Spadaro moved to approve the consent calendar items. Mr. Kase seconded. All present voted aye. Motion approved. COMMUNITY INPUT: None. WORKSHOP ITEMS ADMINISTRATION: 9A. A DISCUSSION CONCERNING THE HIRING OF DECOPLAN AND ASSOCIATES, LLC TO PERFORM GRANT WRITING SERVICES FOR THE MUNICIPALITY OF MURRYSVILLE. Mr. Morrison explained that individual chiefs on the fire committee recommended Decoplan to the Municipality. Decoplan specializes in writing grants for local governments with one of the most recent successes being the award of a $4 million grant, with participation from the Pittsburgh Foundation, to help volunteer fire car 10/2/2017 Regular Voting Meeting – Wednesday, September 6, 2017 companies in Westmoreland County do training and retention programs and some equipment upgrades. The company also does grant writing for companies other than emergency services. The contract would require $200 per month as a retainer plus 1% “finder’s fee” of the amount of the grant. In many instances those costs can be charged against the grant, depending on the funding source. Mr. Morrison said he believes it is worth an intervention with them for at least a year; there are some opportunities through the recreation department and fire companies to obtain funds and he believes this is something Decoplan can pursue. He recommends that Council consider entering into an agreement with Decoplan for a 12-month period and see how they do and make a decision at the end of that period of time. Mr. Lorenz said that, in reading the draft agreement, it seems rather broad in scope in that it isn’t necessarily limited to the fire department in terms of grant writing and exploring those types of opportunities and asked if there are other avenues that can be explored for the $200/month fee. He cited an example of grants being available for parks and recreation and asked if the Municipality could ask Decoplan to explore those types of grants for the $200/month fee. Mr. Morrison said yes. Mr. Perry noted that the Municipality’s staff writes some grants and asked what would happen with grants that would be pursued without using Decoplan. Would the Municipality be required to pay the 1% fee if staff did the work to obtain the grant? Mr. Morrison said he doesn’t see a conflict; if staff writes a grant and obtains funds, he does not foresee an obligation to Decoplan. He said the Municipality would only be obligated to Decoplan if they secured the grant. Mr. Kase asked about Decoplan’s staffing support and business load and was concerned they might focus on two or three major clients and just collect the monthly fee from others. Mr. Morrison said it isn’t a big company, it’s located outside of Altoona, and the owner has a background in grant writing and worked in the federal government. He expects that the Municipality would identify a need, the company would research that need, identify the grant programs that may be available and then execute the documents. Mr. Lorenz noted that the way the contract is drafted, the Municipality has the ability to terminate with 30-days’ written notice so if staff feels it isn’t working the way they anticipated, it is relatively easy to get out of the contract. ENGINEERING: 10A. A DISCUSSION CONCERNING AN EXCESSIVE MAINTENANCE AGREEMENT WITH HUNTLEY AND HUNTLEY FOR THE USE OF PLEASANT VALLEY ROAD FOR THE DEVELOPMENT OF THE POSEIDON WELL IN PENN TOWNSHIP. Engineering Director Scott Hilty explained that the Municipality received a request from Huntley & Huntley to use 1.9 miles of Pleasant Valley Road through Murrysville as the primary route to the Poseidon well, as well as utilizing .15 miles of Harrison City Road as an alternate route. The estimate is for 1,572 total truck trips, which was considerably less than what was originally discussed at the last Council meeting due to the fact that Municipal Authority of Westmoreland County will be providing water to the site. This will result in car 10/2/2017 Regular Voting Meeting – Wednesday, September 6, 2017 approximately 35 trucks/day for an estimated 45-day period. Staff is recommending entering into the agreement with six conditions as listed on the Council briefing. Mr. Kase had concerns about using Boxcartown Road as the alternate route because of the width of the road and the number of trucks that might be using it. Mr. Hilty said that was discussed at the meeting with Huntley & Huntley and the reason for choosing that route is that it is a state permitted road and it would only be used if Pleasant Valley road was restricted for some reason. Additionally, there might be some deliveries coming to the site without having to go all the way into Murrysville, but use the alternate route. Mr. Kepler asked Mr. Hilty to review the posting authorities for the roads being considered. Mr. Hilty said that Pleasant Valley and Harrison City are Murrysville’s, a portion of Harrison City is Westmoreland, and the others are PennDOT, which is the reason for the condition to provide documentation that it has those approvals. Regarding the posting authorities not in Murrysville, Mr. Kepler asked what considerations are in the document or any agreement related to timing of repairs if and when the need arises. Mr. Hilty said that in the Municipality’s authority, it’s in the excess maintenance agreement that the authorities must pay Murrysville. Mr. Kepler said he is more concerned about the length of time PennDOT might take to fix the road. Mr. Hilty said a bond has been provided and if it’s one of the Municipality’s roads, we would fix it and then be reimbursed; however, if it’s PennDOT, staff would have to pressure PennDOT to make repairs in a timely manner. Mr. Kepler asked if we have had any experience with PennDOT as to how responsible it would be in this type of situation. He said if the road is a complete disaster and PennDOT responds the way it normally responds, it could be a significant issue. Mr. Morrison said the primary route is either a Municipal or Township road, and he expects that Penn Township has executed an excessive maintenance agreement with PennDOT also with the same type of controls. Mrs. Kearns said that in reading through the inspection and roadway condition survey, the agreement indicates that photographs and videos MAY also be taken; MAY is an option. Mr. Hilty said that video documentation has been provided. Mrs. Kearns said she would prefer “shall” rather than “may.” There were no further questions from Council. COMMUNITY DEVELOPMENT: None. PUBLIC WORKS AND PARKS: None. COUNCIL – ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF THE AMENDMENT TO THE 2017 CAPITAL IMPROVEMENTS PROGRAM. Mr. Lorenz moved to approve the amendment as outlined in the staff briefing. Mr. Kase seconded. There were no questions from Council. car 10/2/2017 Regular Voting Meeting – Wednesday, September 6, 2017 Upon a roll call vote: Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Kase – yes, Mr. Kepler – yes. Motion approved. 13B. CONSIDER APPROVAL OF THE 2018-2022 CAPITAL IMPROVEMENTS PROGRAM. Mr. Perry moved to approve. Mr. Spadaro seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Kase – yes, Mr. Kepler – yes. Motion approved. 13C. CONSIDER THE HIRING OF DECOPLAN AND ASSOCIATES, LLC TO PERFORM GRANT WRITING SERVICES FOR THE MUNICIPALITY OF MURRYSVILLE. Mr. Kase moved to execute a contract with Decoplan and Associates for a period of up to one year to perform grant writing services for the Municipality of Murrysville. Mr. Spadaro seconded. Mr. Lorenz amended the motion to reflect that any agreement entered into be in substantially the same form as the draft that is attached to the staff briefing. Mr. Perry seconded. Upon a roll call vote: Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Kase – yes, Mr. Kepler – yes. Amended motion approved. On the main motion, as amended, upon a roll call vote: Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Kase – yes, Mr. Kepler – yes. Motion, as amended, approved. 13D. CONSIDER THE APPROVAL OF THE PURCHASE OF A NEW PUMPER/ENGINE FOR THE SARDIS VOLUNTEER FIRE COMPANY. Mr. Spadaro moved to purchase a new pumper/engine for the Sardis Volunteer Fire Company in the amount of $575, 928.00. Mr. Lorenz seconded. Mr. Morrison explained that the fire committee had met, reviewed the specifications and recommended that it meets the requirements of both the Sardis Fire Company and the Municipality in general and brings it forth to Council for consideration. He noted that there is a discount if the chassis is paid for upon receipt. Joe Paiano, Sardis Volunteer Fire Company Chief, explained that, due to there being a 450-500 day build time for the apparatus, the chassis won’t be brought in until the Spring or Summer of 2018, but definitely not until after January 1, 2018. Mr. Kase asked if the chassis would be paid for when received; Mr. Morrison said it would, in the amount of $291,000. Mr. Perry inquired if the chassis would be the Fire Company’s property in the event the company would go bankrupt. Mr. Morrison said it would and that the purchase is through the State Co-Op Program, but he would clarify that in the agreement. Mr. Kase asked if the proposed equipment is a good piece of equipment based on the cost of existing equipment and the cost of the new equipment. Mr. Paiano said the company has used the Spartan chassis since 1996 and has had very little problems with it. He explained the construction of the new equipment and warranties to be car 10/2/2017 Regular Voting Meeting – Wednesday, September 6, 2017 provided and said it should be a very reliable piece of equipment with at least 20 years of service expected. There was discussion on the length of time to build the equipment, as well as responsibility for the equipment in the interim between build and delivery. There was no further discussion. Upon a roll call vote: Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Kase – yes, Mr. Kepler – yes. Motion approved. COMMUNITY DEVELOPMENT: None. ENGINEERING: 15A. CONSIDER APPROVAL OF AN EXCESSIVE MAINTENANCE AGREEMENT WITH HUNTLEY & HUNTLEY FOR THE USE OF PLEASANT VALLEY ROAD FOR THE DEVELOPMENT OF THE POSEIDON WELL IN PENN TOWNSHIP. Mr. Lorenz moved to enter into an excess maintenance agreement with Huntley & Huntley to utilize 1.9 miles of Pleasant Valley Road and .15 miles of Harrison City Road for truck traffic to the proposed Poseidon Well pad near Valley Landfill in Penn Township, with attached conditions. Mr. Spadaro seconded. Upon a roll call vote: Mr. Spadaro – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Kase – yes, Mr. Kepler – yes. Motion approved. OLD BUSINESS: None NEW BUSINESS: None. EXECUTIVE SESSION: Council adjourned to an Executive Session at 8:22 p.m. to discuss a Personnel matter and reconvened at 8:42 p.m. There was no action coming out of the session. ACTION ITEMS: None. ADJOURNMENT: Mr. Lorenz moved to adjourn. Mr. Kase seconded. The Council Meeting concluded at 8:42 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 10/2/2017