Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, October 18, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, October 18, 2017 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Josh Lorenz, Loren Kase, Joan Kearns, David Perry, and Tony Spadaro. Councilpersons Jeff Kepler and Jamie Lee Korns were absent from the meeting. Also present were Mayor Bob Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, Public Works and Parks Director Bob Bell, Building Code Official Dave Jobe and Recreation Director Carly Greene. MAYOR BROOKS WELCOMES MURRYSVILLE MEDIC ONE Mayor Brooks first welcomed Public Works and Parks Director Bob Bell and recognized October as Public Works month. Mr. Bell noted that the Public Works department has a crew of 19, plus a Director and Foreman, who take care of 154 miles of roads and all the parks in the Municipality. Mayor Brooks then discussed October as Breast Cancer Awareness month and urged residents to pay attention to prevention, awareness, and helping others be aware. He suggested residents make donations to cancer research. Mayor Brooks then welcomed Darrick Gerano and members of Medic One to recognize them during Emergency Management month. Mr. Gerano explained that Medic One answers both emergency and non-emergency 911 calls, provides fire support, has a dive team, a water rescue team, a search and rescue team, and provides stand- by services for various community events. The group also holds various classes throughout the year for both Municipal staff and other community groups and discussed the importance of CPR training. Medic One members in attendance were introduced and recognized for their service. Mayor Brooks presented Mr. Gerano with a Certificate acknowledging Medic One’s Lifetime EMS Gold Plus award presented by the American Heart Association and thanked the members for their commitment to Murrysville residents. Councilman Josh Lorenz, who serves as the Council liaison to Medic One, praised the work performed by Medic One staff and volunteers and said it is no surprise to him that the American Heart Association has honored them. He said it’s very comforting to him, as a resident, to know that the group is always looking to improve its services for the residents and urged residents to become a subscriber. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: MOVE Item 19, Executive Session, Real Estate, to Item 13 under Council Action Items and ADD Item 19B – Executive Session – Personnel. Mr. Lorenz moved to approve the agenda as amended. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE car 10/30/2017 Regular Voting Meeting – Wednesday, October 18, 2017 B. INVESTMENTS AND TRANSFERS C. SEPTEMBER 6, 2017 MEETING MINUTES TO BE APPROVED D. SEPTEMBER 20, 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 ORDINANCE NO 981-17, AN ORDINANCE PROVIDING FOR A SYSTEM OF INSPECTIONS, THE ISSUANCE OF OCCUPANCY PERMITS AND THE REGISTRATION OF MANAGEMENT AGENTS FOR RESIDENTIAL RENTAL UNITS AND THE REPEAL OF ORDINANCE NO. 504-98, AN ORDINANCE REQUIRING OWNERS AND/OR AGENTS OF RESIDENTIAL RENTAL UNITS TO NOTIFY THE MUNICIPAL TAX COLLECTOR OF THE NAME AND ADDRESS OF TENANTS OCCUPYING UNITS UNDER THEIR CONTROL OR OWNERSHIP. Addressing the previous ordinance, Mr. Morrison explained that about four years ago the state law changed regarding earned income tax collection where the payment was the responsibility of the individual taxpayer. It is now the responsibility of the employer to deduct that tax. The ordinance proposes the registration of all rental units in the Municipality, including apartments and single-family structures. There will be a nominal fee for the registration, but the goal is to identify the properties, not to make money. The designation and identification of a management agent, if one exists, is required so that there is a contact person in the event of any Municipal violation. An inspection and issuance of an occupancy permit will be required upon the initial occupancy of the structure, with inspections every three years thereafter. This ordinance is being brought forth because one of the goals of the comprehensive plan is to maintain residential properties throughout the community. Staff is recommending only rental properties be addressed at this time; the draft ordinance was reviewed by a local agent for comment, who found it to be reasonable. Mrs. Kearns asked if the $25 registration fee is per unit. Mr. Morrison explained that it is to register the owner of the property, whether it be multi-family or single. Mr. Perry asked how this ordinance would be announced and mentioned that there are a lot of single-family residences rented. Mr. Morrison said that would be a little more difficult but hoped that once it is publicized, people would respect it and report the rental. He noted that there are some agencies in the Municipality that just deal with single-family homes and they would be contacted. Mr. Kase asked if owners would be given the courtesy of being notified prior to assessing any penalty for a violation. Mr. Morrison said the goal is to conform to the law, not to collect fees. There were no further questions from Council. car 10/30/2017 Regular Voting Meeting – Wednesday, October 18, 2017 9B. A DISCUSSION CONCERNING ORDINANCE NO. 982-17, AN ORDINANCE AMENDING ORDINANCE NO. 926- 15, AN ORDINANCE PROVIDING MINIMUM STANDARDS AND ASSOCIATED ENFORCEMENT REMEDIES FOR THE MAINTENANCE OF PROPERTIES AND TALL GRASS WITHIN THE MUNICIPALITY OF MURRYSVILLE. Mr. Morrison explained that his goal with this ordinance was to try to identify all the nuisance ordinances that now exist in the code and put them all into one ordinance since there are now conflicts with ordinances in several different places. He said that there is a line item in the proposed 2018 budget to work with a codification company to review the codes, which haven’t been reviewed since 1991. Council was provided with a copy of the International Property Maintenance Code which brings together all codes that were passed under the Uniform Construction Code. He said that when the Property Maintenance Code was adopted by the Municipality in 2013, Council chose only to adopt provisions of the Code that regulated the exterior of the structure, not the interior. Staff is proposing that Council consider adopting the Property Maintenance Code in total with the exception of the pest and rubbish sections so that staff can proceed with the enforcement of the proposed rental code and, if necessary, use it moving forward on single-family, privately owned structures. Mayor Brooks asked about sprinkler systems inside homes. Building Code Official Dave Jobe explained that requirements regarding sprinkler systems were negotiated out of the UCC because certain provisions for fire protection were added (smoke detectors) and there are no requirements for sprinkler systems in single-family homes. Mr. Kase noted that it appears there may be some potential conflicts with the Municipality’s ordinances and the Property Maintenance Code and asked if staff has found any conflicts. Mr. Morrison said the proposed ordinance cleans up that issue as far as property maintenance of the structure is concerned. Mr. Perry asked when the codification company will go over the ordinance and clean up the current conflicts and compile all the nuisance ordinances. Mr. Morrison said the cost is expected to be around $15,000 and it is proposed in the 2018 budget, so it can start right after the first of the year if the budget is passed. Mrs. Kearns questioned the height of the grass in different districts, with it being increased in some districts and remaining at 10” in the B and MU zoning. Mr. Morrison replied that is how the ordinance reads now; 10” in the business and MU districts and 12” in residential. Mrs. Kearns asked Mr. Jobe what particular areas he found to be problematic as far as enforcement. Mr. Jobe said that sometimes it’s difficult to find the actual ordinance and then it might not be complete; putting it all together into property maintenance makes it a lot easier at the code enforcement end. Mr. Kase had concerns about the IPMC and the fact that it is so thorough. He said there are probably many properties in the Municipality that have at least one violation and believes if a home has very minor violations and doesn’t live up to the detailed code, adhering strictly to the code might prohibit new residents from moving into the Municipality. Mr. Jobe said he believes the home inspection criteria are a lot more detailed than the code. There was some discussion about the IBC rules and regulations. Mr. Morrison said the ordinance deals with rental properties, not the sale of residences. There was no further discussion. car 10/30/2017 Regular Voting Meeting – Wednesday, October 18, 2017 9C. A DISCUSSION OF THE TERMS OF AN AGREEMENT WITH LORETTA R. PARKINS FOR THE VACATION OF THE BRANTHOOVER CUTOFF RIGHT-OF-WAY AND THE UTILIZATION OF A PORTIION OF SAID RIGHT-OF-WAY FOR PARKING. Solicitor Kotjarapoglus said the purpose of the Agreement is to set forth the expectations of Mrs. Parkins and the Municipality when this matter was started. Mrs. Parkins was going to convey to the Municipality, without compensation, Tanglewood Way for vacation of the old Branthoover Cut-Off. He then explained the process gone through to follow the Agreement. The Heritage Trail and Roberts Property then came into play and it was suggested that some of the space behind Leone’s could be used for overflow parking. The Solicitor met with Mrs. Parkins’ attorney to try to achieve a resolution satisfactory to all parties. He explained that 300’ of the old diagonal road is seeded and covered with grass and will be vacated; 110’ is stoned and will be used for parking for the Roberts property or civic events. The Municipality has priority control over the 110’ section, which will not be vacated; however, if Mrs. Parkins ever does anything to the existing building and needs additional parking spots, at that time every effort will be made to accommodate both parties. Mrs. Parkins is agreeable to this arrangement; now Council has to bless it and then the Solicitor will prepare a vacation ordinance to bring back to Council for approval. There were no questions from Council on this matter. 9D. A DISCUSSION OF THE WESTMORELAND COUNTY TRANSIT AUTHORITY’S (WCTA) LOCAL SHARE ASSESSMENT AGREEMENT FOR THE FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018 AT A COST OF $1,375.50. Mr. Morrison explained that this an annual agreement and noted that the history of the association with the Transit Authority was provided in Council’s briefing. There were no questions from Council. ENGINEERING: None. COMMUNITY DEVELOPMENT: None. PUBLIC WORKS AND PARKS: 12A. A DISCUSSION CONCERNING THE MUNICIPALITY OF MURRYSVILLE’S PARTICIPATION IN THE COSTARS FLEET FUEL PROGRAM. Public Works and Parks Director Bob Bell reminded Council that the Municipality formerly had its own fuel tanks at the prior Public Works building and found that it would be less expensive, because of insurance costs, to begin purchasing fuel at local service stations. Fuel purchases then went out to bid and it was initially purchased from the Amoco station. Once that station was demolished, staff began purchasing fuel from Sheetz. When going out to bid again, several bids were received but many of the smaller stations were not open extended hours and PW and police needed access to diesel and fuel 24/7, so Sheetz has been providing gas for several years. When Sheetz had to close down for the new construction, another provider had to be found. Mr. Bell worked with Wright Express and received new fuel cards that would enable staff to go to any service station. Pennsylvania CoStars has now partnered with Sunoco, which offers the same fuel card program and completes car 10/30/2017 Regular Voting Meeting – Wednesday, October 18, 2017 all necessary paperwork. Signing up with CoStars will eliminate putting this out to bid. There were no questions from Council. 12B. A DISCUSSION AND PRESENTATION REGARDING A PROPOSED MEMORIAL GARDEN IN TOWNSEND PARK FOR SCATTERING OF CREMATED HUMAN REMAINS. Recreation Director Carly Greene explained that staff had been approached by residents that had an interesting in creating a memorial garden in one of the Municipal parks for the purpose of scattering cremated human remains as a final resting place for their loved ones who may have spent a great deal of time in the parks or community or volunteering their time. After several meetings and a lot of research, Townsend Park was selected as the preferred park for this garden. Ms. Greene provided Council with information on Pennsylvania’s policy on scattering cremated human remains; it is permissible on public land without any prior permits and it is a common practice. Angela Held addressed Council on this issue, passed out a script for the power point presentation, as well as the rules on scattering cremains in U.S. parks and a sample sign already being used in a park in Ontario. Jim Kuczek read the script while Ms. Held presented the power point, which suggested an area on the left side of the road which is secluded by a grouping of trees and already has several memorial benches in the area. Mr. Spadaro asked if that area has had ashes scattered or if it is just a memorial area. Mr. Kuczek said the group is not aware of any ashes in the area. He explained that it is not permissible to scatter ashes in water and must be done a certain distance from any tributary to the water. Mayor Brooks said that the Municipality’s Solicitor has checked to verify that this is permissible, sanitary and safe. He continued by stating that the area selected is perfect for people to know that it is the particular area for scattering ashes and paying respects. Mr. Perry said he assumes there is no element of commercialism in this request and was assured there is not. Mr. Lorenz said since this is already a legal, lawful use of public land, this is designating a place and directing people where to go. Ms. Held said the only negative comment heard was that people were concerned about walking their dogs in that area and she feels that the area is out of the way and not where people would normally go with their dogs. Mr. Kase noted that the information provided to Council indicated that many cemeteries provide scatter gardens and asked why they would want this type of area in a park. Ms. Held said that many people don’t want to be in a cemetery but would prefer their ashes scattered in parks or places they visited. One of the reasons people choose to be cremated is that they don’t want to be interred and that if cremains are placed in a scatter garden in a cemetery, they must be in a container and can’t just be scattered. Ms. Held is proposing a container-free area. Mr. Perry said it’s already legal and it is possible people could walk the trails and scatter ashes anywhere. He would much rather have a designated area for this purpose. Mr. Spadaro said if this is passed and publicized, he thinks there will be more people coming to the park to use this garden. Mayor Brooks said all of the Municipality’s parks are public and open to anyone – residents and non-residents. He can’t see where there is any harm – it is only respectful. Mr. Kase said his concern is that the proposed area is in the center of activity in car 10/30/2017 Regular Voting Meeting – Wednesday, October 18, 2017 the park, with the parking areas, trails and pond. He said the national parks have thousands of acres of land and there is distance created for those who don’t want to be a part of this type of activity. Ms. Held said the area chosen is easy to access for older people and also private. She said she wasn’t aware that there were benches in the area until she started investigating for the memorial garden and doesn’t believe it’s an area that people will gravitate to. Director Bell asked if the area was going to stay as it is and if there were going to be plaques around the area. Ms. Held said there would be no changes, no containers, and there would only be a plaque designating the area as a scattering garden, so there would be no additional maintenance required. Mr. Bell suggested speaking with Garden Club members, since that group was initially responsible for creating the area. Mr. Kase asked if there were any other communities that had this type of garden. Ms. Held said she believes Murrysville would be on the cutting edge and that it would be a great opportunity for Murrysville. Mr. Kuczek said there is a community in Maryland and one other state that he is aware of that have memorial gardens. Mr. Morrison said there are enough examples of guidelines available that staff could adopt and direct on how a sign is to be worded. He is concerned about trenching because if the cremains are not covered property, the area won’t be able to be cut and maintained. Mr. Perry agreed that the cremains should be spread and not trenched. Mr. Morrison reminded Council that pavilion rentals are higher for non-residents and said a consideration would be whether the memorial garden would be open to anyone and if it is a non-resident, whether a fee should be charged. He said there should be some kind of application process. Ms. Held said this is absolutely not intended to be a commercial venture, which is one of the reasons they chose an area that is already being maintained so that no new expenses would be incurred. Mayor Brooks again stated that the parks are public and anyone can go to them at any time but this area would be a peaceful place where they could sit respectfully. Mr. Morrison said that once this becomes public, there may be more out-of-town people coming and asked if that should be encouraged and if a fee structure should be established. Ms. Held said it is unlikely people from out of town would come unless they had a connection to Murrysville. Mr. Morrison explained that there is a significant cost savings to spreading ashes on open ground and if it is publicized and there is an opportunity to go to Murrysville and not incur those costs, he thinks that is encouraging a lot more people to take advantage of that than the Municipality may want involved at the park. Ms. Held said that if people get the information, they don’t have to come to Murrysville; they can do it anywhere in the nation. Mrs. Kearns suggested that staff take some time to put together guidelines and an application/registration form. Mr. Kase said that this matter was brought up at the Parks and Recreation Commission meeting and, as a whole, that group did not support this proposal. COUNCIL – ACTION ITEMS Council adjourned to an Executive Session at 8:37 p.m. to discuss a Real Estate matter and reconvened at 9:10 p.m. There was no action coming out of the session. car 10/30/2017 Regular Voting Meeting – Wednesday, October 18, 2017 ADMINISTRATION: 13A. CONSIDER APPROVAL OF THE 2017-18 WESTMORELAND COUNTY TRANSIT AUTHORITY’S LOCAL SHARE AGREEMENT. Mr. Lorenz moved approve the WCTA Local Share Assessment Agreement for the fiscal year July 1, 2017 to June 30, 2018 at a cost of $1,375.50 per the agenda briefing. Mr. Kase seconded. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes. Motion approved. 13B. CONSIDER APPROVAL OF ORDINANCE NO. 980-17, 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 $225,000.00 AND INCLUDING OTHER PURCHASE PRICE ADJUSTMENTS AS SET FORTH IN SAID AGREEMENT. Mr. Lorenz moved to approve the ordinance as cited above. Mr. Perry seconded. Solicitor Kotjarapoglus explained that the proposed agreement will be the model agreement for MECDC matters. The Municipality will not be charging interest while the loan is outstanding; the net proceeds will be split between the MECDC and the Municipality because the Municipality is committing some of its funds. When the property is sold, it will require mutual approval to ensure that the Municipality’s investment is returned and that it is for the economic development of the Municipality. If the MECDC advances any money, i.e., taxes, it would come out of the MECDC’s general fund and would get reimbursed for those funds. Also, if the Municipality advances any funds, it would be reimbursed before any split is made. The ordinance must be approved and signed before any funds are disbursed. There were no questions or comments from Council. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes. Motion approved. 13C. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 981-17, AN ORDINANCE PROVIDING FOR A SYSTEM OF INSPECTIONS, THE ISSUANCE OF OCCUPANCY PERMITS AND THE REGISTRATION OF MANAGEMENT AGENTS FOR RESIDENTIAL RENTAL UNITS AND THE REPEAL OF ORDINANCE NO. 504-98, AN ORDINANCE REQUIRING OWNERS AND/OR AGENTS OF RESIDENTIAL RENTAL UNITS TO NOTIFY THE MUNICIPAL TAX COLLECTOR OF THE NAME AND ADDRESS OF TENANTS OCCUPYING UNITS UNDER THEIR CONTROL OR OWNERSHIP. Mr. Kase moved to advertise Ordinance 981-17. Mr. Perry seconded. There we no questions or comments. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes. Motion approved. car 10/30/2017 Regular Voting Meeting – Wednesday, October 18, 2017 13D. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 982-17, AN ORDINANCE AMENDING ORDINANCE NO. 926-15, AN ORDINANCE PROVIDING MINIMUM STANDARDS AND ASSOCIATED ENFORCEMENT REMEDIES FOR THE MAINTENANCE OF PROPERTIES AND TALL GRASS WITHIN THE MUNICIPALITY OF MURRYSVILLE Mr. Perry moved to advertise Ordinance 982-17. Mr. Lorenz seconded. There we no questions or comments. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes. Motion approved. COMMUNITY DEVELOPMENT: None. ENGINEERING: 15A. CONSIDER AUTHORIZATION TO ADVERTISE DPW-8-17, REPLACE OIL/WATER SEPARATOR AT PUBLIC WORKS BUILDING. Mr. Lorenz moved to advertise DPW-8-17. Mr. Spadaro seconded. There we no questions or comments. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes. Motion approved. Public Works and Parks Director Bob Bell explained the purpose of the separator and reported that a few years ago some of the brackets rusted and the pit overflowed. The problem was corrected but staff believes it is important to be proactive and replace the 18-year-old equipment. Mr. Perry asked if the tank is registered with the state or if it is unregulated. Mr. Bell said he wasn’t sure. There were no further questions. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes. Motion approved. PUBLIC WORKS: 16A. CONSIDER AUTHORIZATION TO ADVERTISE FOR SURPLUS VEHICLE SALE. Mr. Spadaro moved to advertise through MuniciBid for used materials and equipment (11 items). Mr. Kase seconded. Mr. Bell explained the equipment being put out for bid and, although there was not much description given in Council’s briefing, he said he will put more detail in the ads placed on MuniciBid. Upon a roll call vote: Mr. Lorenz – yes, Mr. Kase – yes, Mrs. Kearns – yes, Mr. Perry – yes, Mr. Spadaro – yes. Motion approved. OLD BUSINESS: The Sardis Fire Department agreement has been approved by both the Solicitor and the truck manufacturer and is ready for execution by the parties. car 10/30/2017 Regular Voting Meeting – Wednesday, October 18, 2017 NEW BUSINESS: Mr. Morrison said Council has, in the past, donated to the Westmoreland County Food Bank and the Municipality has again received a solicitation request. Mrs. Kearns asked the amount previously donated and was told it was $500. All Council members present agreed to donating a like amount this year. EXECUTIVE SESSION: Council adjourned to an Executive Session at 9:22 p.m. to discuss a Personnel matter and reconvened at 9:40 p.m. There was no action coming out of the session. ACTION ITEMS: None. ADJOURNMENT: Mr. Spadaro moved to adjourn. Mr. Kase seconded. The Council Meeting concluded at 9:40 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 10/30/2017