Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, September 20, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, September 20, 2017 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Loren Kase, Jamie Lee Korns, Joan Kearns, David Perry, Josh Lorenz, and Tony Spadaro). Councilman Jeff Kepler was absent from the meeting. Also present were Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, and Finance Director Diane Heming. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: ADD under Council Action Items – Item 13-F, CONSIDER A MOTION TO AUTHORIZE STAFF TO FILE FOR A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $56,000 FOR THE DEMOLITION OF VARIOUS STRUCTURES IN THE MUNICIPALITY OF MURRYSVILLE. Mrs. Lee Korns moved to approve the agenda as amended. Mr. Perry seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. AUGUST 16, 2017 MEETING MINUTES TO BE APPROVED B. ACCOUNTS PAYABLE C. INVESTMENTS AND TRANSFERS Mrs. Lee Korns 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 2018 MINIMUM MUNICIPAL OBLIGATION TO ITS UNIFORM AND NON- UNIFORM PENSION PLANS. Finance Director Diane Heming explained that this is an annual item that must be approved by September 30 in order to be included in the upcoming operating general fund budget. She said that this year’s MMO is a little different because the actuarial reviews are done every two years and she hasn’t received the current review. Because of that, the proposed MMO is based on the 2015 actuarial evaluations and if the 2017 evaluation is received before the end of the year, the proposed MMO will be revised. Ms. Heming said the items that Mokenhaupt is working on in the non-uniform plan are mortality rates (it’s been over 10 years since those rates were adjusted) and interest rates. In the police plan, besides the interest and mortality rates, Mokenhaupt wants to increase the estimated earnings of the police officers by 10% because of the costs associated with the officers that could potentially join the DROP Plan. Ms. Heming explained the DROP Plan and longevity payments in greater detail and said the pension committee has questions regarding the car 10/5/2017 Regular Voting Meeting – Wednesday, September 20, 2017 adjustments and will be meeting with the investment advisor again. Mr. Morrison said that any change in assumption means a higher cost to the Municipality; the plans, under the assumptions that have been provided, are still well-funded (between 93-98%). He agreed that the mortality and interest rates need to be adjusted, but there are other items that need to be discussed in greater detail. He believes the number that Council is being asked to approve is low, and the number that will be brought forth once the assumptions are settled will be higher. Mr. Perry noted that the number is around $540,000 now and asked if a realistic number would be $750,000- $800,000 once everything is calculated. Mr. Morrison said yes and reminded Council that the number was $850,000 two years ago, but the Municipality received approximately $340,000 in State aid to support that contribution. There was some additional discussion on projected amounts before closing the comments on this item. 9B. A DISCUSSION TO AUTHORIZE PREPARATION OF AN ORDINANCE FOR THE MUNICIPALITY OF MURRYSVILLE TO DELIVER A QUIT CLAIM DEED TO THE HERITAGE ESTATES HOMEOWNERS ASSOCIATION FOR A SICKLE-SHAPED PARCEL OF LAND CONTAINING 8.859 ACRES AND BEING PARCEL NUMBER 35 OF THE HERITAGE ESTATES PLAN OF LOTS RECORDED IN PLAN BOOK 91, PAGE 1711 FOR ITS USE AS OPEN OR GREEN SPACE. Solicitor Kotjarapoglus explained that the Homeowners’ Association requested a Quit Claim Deed for Parcel #35 and when staff was first apprised of the need, they were told that the parcel was deeded to Murrysville. Mr. Kotjarapoglus said he searched the records and the Municipality has no such deed. However, he did find two open space tracts deeded to the Homeowners’ Assoc. and there was a deed from the Heritage Estates developer to the Homeowners’ Assoc. – descriptions of both tracts were on the deed but parcel numbers were not included with either description. Attached to the deed was a document indicating no transfer taxes were due; the parcel number on one was correct, the other was in error. The erroneous number is parcel 35 and that tract is the one that’s recorded in the name of Latta on the tax assessment roles. Solicitor Kotjarapoglus said he doesn’t believe that a Quit Claim Deed is going to solve the problem at this point; the tax assessment office will need to be contacted to correct the error in the prior deed and explained the procedure(s) to have this error corrected. He suggested that Council table this item until this information is provided to the attorney for the Homeowners’ Assoc. and if she dead-ends with the tax assessment office, she can bring it back to Council’s attention, but he does not believe she needs relief from Council. There were no questions from Council. ENGINEERING: None. COMMUNITY DEVELOPMENT: 11A. A DISCUSSION CONCERNING THE SOLICITATION OF PROPOSALS FOR A PLANNING STUDY OF THE LOGAN FERRY INTERSECTION AT SARDIS ROAD. As background information, Mr. Morrison said that Council is aware that the Municipality has a traffic impact fee which identifies that a certain amount of money be paid by a developer for the number of trips new developments generate in certain areas of the community. The money has been put away over the years; car 10/5/2017 Regular Voting Meeting – Wednesday, September 20, 2017 planning has been done; the Traffic Advisory Committee has met; a plan was approved and recommendations were made out of that plan for improvements. There are obligations on the Municipality to spend those monies within a period of time. The primary recommendation that came out of the study, which was approved by the Transportation Committee, was to address the Sardis/Logan Ferry intersection and the traffic back-up at Sardis/Old William Penn. This proposal is to hire a consultant to review that study and come back with 4-5 recommendations for Council’s evaluation. The next step would be to proceed to the design stage if, in fact, an alternative is selected by Council through the process. He anticipates that the study would take through the end of this year and maybe part of next year. Mr. Morrison reminded Council that there were alternatives proposed for that intersection when Mayor Pack was in office. Other considerations are the bridges at the Logan Ferry/Sardis intersection and Heather Highlands, neither of which are in good shape. Staff will be looking at alternatives to accomplish a free-flow of traffic through the intersection at Logan Ferry/Sardis and Sardis/Old William Penn. The proposal will be sent to approximately 8-9 consultants. Mr. Perry asked what was budgeted for the review of that intersection. Mr. Morrison said it was over $1 million. Mr. Perry asked if the money is available; Mr. Morrison said there is over $1 million in traffic impact fees available. Mr. Morrison said that, either way, the two bridges will have to be addressed in the relatively near future. He said there are some challenges, including historic structures and topography issues. 11B. A DISCUSSION CONCERNING A PROPOSED PENDING ORDINANCE 979-17, AN ORDINANCE REGULATING INJECTION WELLS. Mr. Morrison explained that Plum Borough is struggling with the potential of an injection well in that area and advised that a notice is going out regarding an upcoming informational session. Because the Municipality does not regulate or define injection wells in its zoning ordinance, staff prepared a pending ordinance for Council’s consideration. He reminded Council that a pending ordinance just puts the ordinance in place and gives protection as staff goes through the process of finalizing the ordinance. When staff & Council went through this process the last time, it was recommended that a resolution be passed putting that ordinance in pending status, and that will be the action item before Council tonight. Mr. Perry noted a section of the ordinance referring to hazardous materials being potentially injected and suggested adding: hazardous materials, petroleum, brine, or other liquids (be more specific). After discussion, it was decided to add “petroleum or petroleum-like products and brine.” Mr. Lorenz suggested that if the change is being made in the body of the ordinance, it should be changed in the definition of injection wells to be consistent. Mr. Morrison said that the draft ordinance presented to Council will be the pending ordinance if Council passes the resolution. Mr. Lorenz said if Council wants to reference the prior discussion, those changes can be made and have them adopted in the pending ordinance. PUBLIC WORKS AND PARKS: None. car 10/5/2017 Regular Voting Meeting – Wednesday, September 20, 2017 COUNCIL – ACTION ITEMS ADMINISTRATION: 13A. CONSIDER RESOLUTION NO. 674-17, A RESOLUTION ADOPTING A MINOR REVISION TO THE MUNICIPALITY OF MURRYSVILLE’S ACT 537 PLAN WHICH PROVIDES FOR THE CONNECTION OF THIRTY-SEVEN PROPERTIES ALONG PUCKETA CREEK TO THE MUNICIPAL AUTHORITY OF WASHINGTON TOWNSHIP’S SEWER SYSTEM. Mr. Perry moved to approve the Resolution. Mr. Kase seconded. Mr. Morrison said the final action to be brought before Council will be the execution of the four-party agreement. There were no questions from Council. Upon a roll call vote: Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Spadaro – yes. Motion approved. 13B. CONSIDER APPROVAL OF THE 2018 MINIMUM MUNICIPAL OBLIGATION TO ITS UNIFORM AND NON- UNIFORM PENSION PLANS. Mrs. Lee Korns moved to approve the 2018 MMO for the police and non-uniform pension plans in the amount of $502,460. Mr. Spadaro seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Spadaro – yes. Motion approved. 13C. CONSIDER APPROVAL OF A CONTRACT WITH HOFFMAN KENNELS FOR ANIMAL CONTROL SERVICES DURING THE 2018 CALENDAR YEAR. Mr. Spadaro moved to approve a contract with Hoffman Kennels for 2018, with an increase in monthly fees from $405 to $410 and increase for emergency calls from $75 to $80. Mr. Kase seconded. Ms. Heming said the same Addendum was added as was added the past few years (holding time, shelters). Upon a roll call vote: Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Spadaro – yes. Motion approved. 13D. CONSIDER A MOTION TO ADVERTISE AN ORDINANCE SETTING FORTH THE EXTENT OF THE MUNICIPALITY OF MURRYSVILLE’S (“MURRYSVILLE”) FINANCIAL COMMITMENT AND EXPECTATIONS OF THE MURRYSVILLE COMMUNITY DEVELOPMENT CORPORATION’S (“MECDC”) PROPOSED PURCHASE OF A PARCEL OF LAND OWNED BY ROBERT R. FOSTER AND LOIS JEAN FOSTER, HIS WIFE, AS DESCRIBED IN THE DEED RECORDED IN THE WESTMORELAND COUNTY RECORDER OF DEEDS OFFICE AS INSTRUMENT #200108160044525 AND IDENTIFIED BY WESTMORELAND COUNTY AS TAX MAP PARCEL #49-14-01-0-039 UNDER A SALES/PURCHASE AGREEMENT DATED SEPTEMBER 7, 2017 FOR THE SUM OF $225,000 AND INCLUDING OTHER PRUCHASE PRICE ADJUSTMENTS AS SET FORTH IN SAID AGREEMENT. Mr. Perry moved to advertise the ordinance as stated above, provided that Council is satisfied with the due diligence activities that will occur over the next month or so. In addition to that motion, Murrysville's financial car 10/5/2017 Regular Voting Meeting – Wednesday, September 20, 2017 commitment for the purchase shall be to extend to the MECDC a Promissory Note in an amount not to exceed $148,000, and which shall be secured by a Purchase Money Mortgage in a like amount as a first lien on the above-mentioned property. The Promissory Note shall be due and payable in full upon the sale of the Foster property in accordance with the terms of an executed Agreement to be established. Mr. Lorenz seconded. Mr. Morrison explained that this is essentially the same agreement that the Municipality entered into with the MECDC with the banner park property that eventually became the Blue Spruce. This property became available and presented to Council; Council believes it is wise to be involved with this property because of its location in the community at the western gateway to the Municipality. As this moves forward, hopefully a development on par with Blue Spruce can be realized. Mr. Perry noted that the agreement with MECDC for banner park was very onerous on MECDC; there was very little latitude and Council had full veto authority to make a decision on whether or not the property got sold. He felt it was a very one-sided agreement in favor of the Municipality and left very little latitude for MECDC and had concerns that the present agreement would be similar. Solicitor Kotjarapoglus said the agreement would be coming to Council for review and approval and noted certain language that will be incorporated into the agreement. Mr. Morrison said the banner park agreement gave the Municipality a seat at the table to negotiate with the developer and got a few dollars to support the Town Square improvements and Route 22 islands. There were no additional questions from Council. Upon a roll call vote: Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Spadaro – yes. Motion approved. 13E. CONSIDER A MOTION TO AUTHORIZE PREPARATION OF AN ORDINANCE FOR THE MUNICIPALITY OF MURRYSVILLE TO DELIVER A QUIT CLAIM DEED TO THE HERITAGE ESTATES HOMEOWNERS ASSOCIATION FOR A SICKLE-SHAPED PARCEL OF LAND CONTAINING 8.859 ACRES AND BEING PARCEL NUMBER 35 OF THE HERITAGE ESTATES PLAN OF LOTS RECORDED IN PLAN BOOK 91, PAGE 1711 FOR ITS USE AS OPEN OR GREEN SPACE. Mr. Kase moved to table this item. Mrs. Lee Korns seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz –abstain as he is a member of the HOA, Mr. Spadaro – yes. Motion approved. 13F. CONSIDER A MOTION TO AUTHORIZE STAFF TO FILE FOR A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $56,000 FOR THE DEMOLITION OF VARIOUS STRUCTURES IN THE MUNICIPALITY OF MURRYSVILLE. Mrs. Kearns moved to authorize filing for the CDBG grant for demolition. Mr. Kase seconded. Mr. Morrison explained that staff has had conversations with Council regarding a desire to bring forth to Council recommended changes to the property maintenance code and certificate of occupancy. As part of that, staff began to survey the community to identify structures that would be candidates to be considered blighted and car 10/5/2017 Regular Voting Meeting – Wednesday, September 20, 2017 possibly brought forth for demolition. There is a certain amount of money in the capital reserve budget that would be used as a 15% match to the grant. To date, 39 structures in the Municipality have been identified. The grant would cover demolition of about 8-10 structures. He said the demolition process is a long one and the list of properties would be brought to Council as they become eligible. Demolition is a last resort and some property owners might restore the properties or sell them. In any event, he believes there will be candidates for demolition next year. There were no questions from Council. Upon a roll call vote: Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Spadaro – yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL TO ADVERTISE FOR PROPOSALS FOR A PLANNING STUDY OF THE LOGAN FERRY ROAD INTERSECTION AT SARDIS ROAD. Mrs. Lee Korns moved to approve the advertisement. Mr. Spadaro seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Spadaro – yes. Motion approved. 14B. CONSIDER APPROVAL OF RESOLUTION #675-17 DEEMING PROPOSED ORDINANCE NO. 979-17 TO REGULATE INJECTION WELLS AS A PENDING ORDINANCE AND TO AUTHORIZE ADVERTISEMENT OF ORDINANCE #979-17, AN ORDINANCE REGULATING INJECTION WELLS. Mr. Perry moved to approve resolution #675-17 and advertisement of ordinance #979-17, with the changes discussed. Mrs. Lee Korns seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Spadaro – yes. Motion approved. ENGINEERING: None. PUBLIC WORKS: 16A. CONSIDER APPROVAL OF A MEMORIAL BENCH DONATION REQUEST FROM LYNN GURRENTZ TO BE PLACED IN PLEASANT VALLEY PARK. Mrs. Lee Korns moved to approve the memorial bench donation. Mr. Kase seconded. Upon a roll call vote: Mr. Kase – yes, Mrs. Lee Korns – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Lorenz – yes, Mr. Spadaro – yes. Motion approved. OLD BUSINESS: None NEW BUSINESS: None. EXECUTIVE SESSION: None. car 10/5/2017 Regular Voting Meeting – Wednesday, September 20, 2017 ACTION ITEMS: None. ADJOURNMENT: Mr. Spadaro moved to adjourn. Mr. Kase seconded. The Council Meeting concluded at 7:50 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 10/5/2017