Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 4, 2019 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 4, 2019, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Toni Brockway, Loren Kase, Jamie Lee Korns Josh Lorenz, Tony Spadaro, Carl Stepanovich and Mayor Synan. Also present were Chief Administrator, James Morrison, Director of Finance, Diane Heming, Director of Recreation, Carly Greene, Director of Public Works, Bill Paiano, and Solicitor, George Kotjarapoglus. Council member Dayne Dice was absent. PUBLIC HEARING PROPOSED AMENDMENTS TO THE 2019 BUDGET A Public Hearing was held at 7:05 p.m. for the proposed amendments to the 2019 Operating Budget. Ms. Heming stated that departmental budgets are monitored throughout the year to insure that the funds allocated are sufficient to meet the actual expenses incurred for the year. When it becomes apparent that departmental costs will exceed budget, an amendment is proposed to rebalance the expenses against either lower costs in other departments or greater revenues. The 2019 budget included hiring one additional officer early in the year in anticipation of the retirement of a current officer in March 2019. This process worked well and was a factor in lowering overtime costs. A second officer was hired in the summer to replace a second officer retiring in October. These additional wage costs created the overage in police salary, FICA and Medicare line items. Pro-rated longevity costs of the two retiring officers created overrun in longevity. Insurance costs for all lines of coverage increased 3%. The 2019 Foreign Fire Allocation from the State was greater than anticipated, causing this line item to exceed budget expectations. Legal and stenographer costs associated with the Sloan School project and the Validity Challenge of the Oil and Gas Ordinance exceeded budgeted estimates by nearly 300%. Legal and stenographer fees for the Zoning Hearing Board have increase substantially due to having legal presence at meetings to assist in drafting opinions. The construction and opening of the new playground, splash pad and public bathrooms at Murrysville Community Park, along with watering newly planted grass and trees, contributed to the increased utility costs for the year. Permitting fees associated with the Sloan School Project exceeded budgeted expectations and provided sufficient revenue to fund the overruns in the departmental line items noted in the amendment. The budget is still balanced; it’s just reallocated a little differently. The Public Hearing was closed at 7:11 p.m. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Dayne Dice – absent, Carl Stepanovich, Loren Kase, Toni Brockway, Josh Lorenz, Jamie Lee Korns, Tony Spadaro, and Mayor Synan. PLEDGE OF ALLEGIANCE: Mr. Lorenz led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: None vmp -1- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 4, 2019 Mrs. Lee Korns moved to approve the agenda as presented. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS A. November 20, 2019 Council Meeting Minutes Mrs. Lee Korns moved to approve the consent calendar items. Ms. Brockway seconded. All present voted aye. Motion approved. MAYOR’S COMMENTS: Mayor Synan read Proclamation No. 209-19, which will be presented tomorrow to the Murrysville Woman’s Club. The Murrysville Woman’s Club was formed in 1920 with the purpose of teaching women how to vote. The Murrysville Woman’s Club founded the Murrysville Community Library and has funded community and school projects, participated in civic organizations as members and leaders. The Murrysville Woman’s Club sponsored annual Christmas parties for children and adults with disabilities for 25 years and has held Art Shows since the early 1960s and annual Career Days at Franklin Regional for 35 years. The Murrysville Woman’s Club has awarded annual scholarships to women in need of financial assistance to secure college degrees and conducted annual fundraisers for all types of organizations including the Murrysville Emergency Services organizations. The Mayor commends the Murrysville Woman’s Club for its 100 years of volunteer service and commitment to the Murrysville community. Congratulations to Emma Martin who was the 2019 recipient of the Bob Hope Band Scholarship awarded during the Macy’s Day Parade that the Franklin Regional Band participated in. The selected student will receive a $10,000 scholarship toward his or her education and the school band will also receive $10,000. State Representative Bob Brooks invites you to a REAL ID seminar/open hours on Friday, December 6, 11 a.m. – 1 p.m. at the Murrysville Community Center, 3091 Carson Avenue. Sherry Magretti Hamilton, Westmoreland County Register of Wills, will be present to provide certified marriage licenses for people who applied in Westmoreland County as needed for REAL ID and to answer general questions. PennDOT will also hold multiple seminars throughout the event. For more information call Representative Brooks’ office at 724-387-1281. There is going to be good weather this Saturday for Santa at Sardis from 2:00 – 5:00 p.m. on December 7th, at Sardis Park, Rocky Hill Lane. There will be a bonfire, games, s’mores, and Santa to kick off the holiday season. For more information call 724-327-2100 ext. 131. See you there! Delmont Pilgrimage is this weekend, Saturday, December 7th, from 5:00 to 9:30 p.m. and Sunday, December 8th, 4:00 to 8:30 p.m. with 4:00 – 5:00 p.m. designated as a daylight matinee time for seniors and families. The journey begins at the Shield’s Farm Historic Log Cabin and will last approximately 30 minutes. There will be live animals, dramatic music and soft lighting for an unforgettable event. CHIEF ADMINISTRATOR’S COMMENTS: Mr. Morrison stated that he would like to request permission from Council to advertise and notify local volunteer organizations to identify candidates for Volunteer of the Year Award. Mr. Lorenz stated that is acceptable. COMMUNITY INPUT: Mr. Lorenz stated that this is the time when members of the community have the opportunity to speak to Council about any topic of their choosing as long as it is three minutes or less. vmp -2- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 4, 2019 Dennis Skeers, 3965 Murry Highlands Circle: Mr. Skeers stated that he is not persuaded that the ordinance itself is adequate to protect Murrysville. In regards to the Titan Well Pad on the agenda this evening, Mr. Skeers commends Council for the additional conditions put on the applicant. They are reasonable, but there are still some deviations on what Council’s expectations were and what Olympus is willing to do. He is surprised at this late date that they still aren’t able to commit to how they are going to deliver water to the site. There are still quite a few things open and still in negotiation and he doesn’t see how all of these are going to get resolved this evening. There were two waivers given: landscaping and sound. Who believes that these are achievable even as they exist now and how can those limits be met? What means of enforcement are there for the noise waiver or any other conditions set up? LIAISON COMMENTS AND COMMITTEE REPORTS: Mr. Spadaro: There was no Planning Commission meeting last night. Mr. Stepanovich: There will be a meeting of the Parks & Recreation Committee on Tuesday, December 12. The Environmental Advisory Committee meeting was postponed because of Thanksgiving and rescheduled for Tuesday, December 17th. Mr. Kase: Murrysville Medic One did meet. They have been busy with 1,429 ambulance details this month with 161 coming from the Washington Township base, which continues to be a community asset. Medic One has stayed active with the local fire departments in training and assisted in escorting the Franklin Regional High School Marching Band back into town. Mrs. Lee Korns: Pension did not meet. Medic One has her gratitude once again with helping with car seats. Ms. Brockway: Murrysville Community Library had its 6th annual “Jingles and Gingerbread” last night. There were over 350 attendees. The final interviews for the new director will take place Saturday, December 7th. Over 10,000 registered patrons and over 60,000 people went through the library doors by November 1st. Check out the updated library website at www.murrysvillelibrary.org. The next board meeting will be Thursday, December 19th at 7:00 p.m. WORKSHOP ITEMS ADMINISTRATION: 9.A. Discussion regarding amendments to Ordinance No. 614-02, Chapter 22, “Gifting Policy”, and a proposed ordinance directing responsibility of donations received from the Council, Administration or Gifting Committee to the Parks and Recreation Foundation Ms. Greene stated that this amendment to the Ordinance would be moving the responsibility from the Municipality over to the Parks and Recreation Foundation, which was founded and established this year. Because the Foundation is a 501c3, it would be easier to allow the gifting by the community to go to the Foundation for tax purposes. The Gifting Policy has been changed so many times over the past 20 years+, that this is a good time to get a fresh start on the items that can be gifted, to get some new ideas, and to move forward with a clean slate for gifting items and monetary donations as well. vmp -3- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 4, 2019 Ms. Heming stated that she took the old Gifting Policy Ordinance and updated anything that was specifically to go to the gifting policy and referred to the Foundation. Some of the same items will stay in place. The Foundation decided it was important to have a list of items, projects, or events that they would like to see people donate towards. If there is something that someone wants to donate towards which isn’t on the list, this policy has a procedure to see if it is something that needs added to the community and become part of the list. Mr. Stepanovich asked if there was any benefit to a donor giving to the Municipality; Would that increase or decrease now by giving to the 501c3. Ms. Heming answered that there were issues with donors not being able to give directly to the Municipality because we were not 501c3. If they wanted a tax deduction for it or if it came through a trust, they couldn’t do that. Now with the Foundation, they will be able to do that. Mrs. Lee Korns stated that she likes that there is a Council Liaison on the Foundation. This should help streamline the process to approve items for recreation and parks. Mr. Lorenz agrees that as long as there is a member of Council on the Foundation, any issues of a Municipal concern can be addressed and routed through Council as appropriate. This is on the action items for later this evening. ENGINEERING: None COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider approval of the Amendments to the 2019 General Fund Operating Budget Mr. Stepanovich made a motion to approve the amendments to the 2019 General Fund Operating Budget. Mr. Spadaro seconded. Mr. Lorenz noted that this was discussed earlier in the Public Hearing and is pretty self-explanatory. In a roll call vote: Mr. Stepanovich – yes, Mr. Kase - yes, Ms. Brockway – yes, Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Spadaro – yes. Motion approved. 13.B. Consider authorization to advertise Ordinance #1015-19, an Ordinance amending Chapter 22 “Gifting Policy” of the Code to the Municipality of Murrysville and Ordinance #614-02 Mrs. Lee Korns made a motion to authorize advertising of Ordinance #1015-19, an Ordinance amending Chapter 22 “Gifting Policy” of the Code to the Municipality of Murrysville and Ordinance #614-02. Ms. Brockway seconded. Mr. Lorenz noted that this was discussed earlier. vmp -4- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 4, 2019 In a roll call vote: Mr. Stepanovich – yes, Mr. Kase - yes, Ms. Brockway – yes, Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Spadaro – yes. Motion approved. PUBLIC WORKS AND PARKS: None 14.A. Consider approval of the sale of Surplus Equipment Ms. Brockway made a motion to approve the sale of surplus vehicles on the Municibid auction. Mr. Spadaro seconded. Mr. Paiano stated that on the auction of the Explorer, Taurus, and the roller, there was a net profit of $18,873.23. That number would not have been received if the vehicles would have been traded in; mainly for the roller. In a roll call vote: Mr. Stepanovich – yes, Mr. Kase - yes, Ms. Brockway – yes, Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Spadaro – yes. Motion approved. COMMUNITY DEVELOPMENT: 15.A. Consider approval of SP-5-19, The “Snoznik Parking Lot” application to develop one existing tract located at 4445 Old William Penn Highway, MU Zoning District, .35 acres Mrs. Lee Korns made a motion to approve SP-5-19, The Snoznik Parking Lot application to develop one existing tract located at 4445 Old William Penn Highway, MU Zoning District, .35 acres subject to the conditions listed in the staff briefing regarding the stormwater management plan agreement and the agreement for the driveway and parking lot access. Ms. Brockway seconded. Mr. Morrison stated that this was reviewed at the last meeting. It’s an adjoining property of Mr. Snoznik who is proposing to do some upgrades and improvements, to include conditions on the maintenance agreement for stormwater management, and the shared access to the parking lot and driveway. Mr. Kase asked about an entrance and exit sign. Mr. Greg Korniodis, KU Resources, stated that the established entrance is on the other property. He is not sure if Mr. Snoznik has one installed for his current business, but is something he’s sure would be considered if there is not an entrance sign already there. Mr. Kase made a motion to amend the original motion to include the condition of an entrance sign on the new driveway. Mrs. Lee Korns seconded. All present voted aye. Motion approved. In a roll call vote on the original motion, including the amendment to add the condition of an entrance sign on the new driveway: Mr. Stepanovich – yes, Mr. Kase - yes, Ms. Brockway – yes, Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Spadaro – yes. Motion approved. 15.B. Consider approval of consolidated applications S-5-19 and FS-5-19, “The Acres” development a 10-lot single family, located southeast of the intersection of Sardis Road and Saltsburg Road, 45.415 acres, R-R Zoning District Mr. Stepanovich made a motion to approve consolidated applications S-5-19 and FS-5-19, “The Acres” vmp -5- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 4, 2019 development a 10-lot single family, located southeast of the intersection of Sardis Road and Saltsburg Road, 45.415 acres, R-R Zoning District with the following waivers: Ordinance 198, Article 6, Section 4, Subsection D(4) to allow underground stormwater facilities to be located within 50’ of the nearest property line and Ordinance 198, Article 6, Section D, Subsection D(11) to allow the finished grade over the underground stormwater facilities to be less than 3%, including the recommendations in Section IV. Mr. Spadaro seconded. Mr. Morrison stated that this is a 10 lot subdivision on Sardis Road. It is Council’s discretion on the waivers which were outlined at the last meeting. The conditions, as proposed by staff, are required for approval. In a roll call vote: Mr. Stepanovich – yes, Mr. Kase - yes, Ms. Brockway – yes, Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Spadaro – yes. Motion approved. 15.C. Consider approval of a rezoning request by MAGAM Investment Associates, LP for property located at the intersection of Kistler Road and Route 22, Tax Parcel 49-15-10-0-027, requested to be rezoned from “B” Business to “MU” Mixed Use Mr. Spadaro made a motion to consider approval of Ordinance No. 1014-19 an ordinance authorizing the rezoning of a property located at the intersection of Kistler Road and Route 22, Tax Parcel 49-15-10-0-027, requested to be rezoned from “B” Business to “MU” Mixed Use. Mrs. Lee Korns seconded. Mr. Lorenz stated that this was discussed at length at the last meeting. The Planning Commission recommended approval. This is simply a zoning request and whatever is going to be built there, will need to come back to Council for approval. In a roll call vote: Mr. Stepanovich – yes, Mr. Kase - yes, Ms. Brockway – yes, Mr. Lorenz – yes, Mrs. Lee Korns – yes, Mr. Spadaro – yes. Motion approved. 15.D. A discussion concerning CU-1-18 Conditional Use, CU-2-18 Major Excavation and SP-4-18 for Construction and Operation of the Titan Well Pad, 6189 Bollinger Road Mr. Morrison presented to Council a document, CU-1-18 Conditions of Approval, which is a consolidation of the original conditions as proposed by staff. Highlighted are comments to those original conditions which were provided in a letter of November 25, 2019 from K&L Gates along with staff’s response and recommendations to those comments. Subsequent to this document, an email was received late this afternoon of additional comments from K&L Gates. Mr. Morrison stated that his intent this evening was to review these documents and to have direction from Council if they are acceptable or not acceptable. If acceptable, then Council will need to propose approval or denial of the conditional use site plan applications. As a reminder, we are working under a time requirement to the end of December this year, unless Olympus grants an extension. Mr. Kase made a motion to go into Committee of the Whole to have open discussion. Mrs. Lee Korns seconded. All present voted aye. Motion approved. Mr. Sittig stated that the last set of conditions is really narrowed down and Council should work with the comments of December 4th from Olympus. Mr. Sittig wanted to first address Mr. Skeers question about vmp -6- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 4, 2019 establishing the standards of the noise waiver. The noise waiver from Olympus has actually been reduced from the initial request. In respect to enforcement, there is equity enforcement with injunctions and the NCP gives you the private right to go in if you don’t think the Municipality is enforcing the conditions or law. Mr. Sittig stated that in going through the December 4th conditions, No. 9. Olympus is suggesting language that the applicant shall have a representative if the Municipality has a site inspection. In his legal opinion, he would have included that and it is a good suggestion. No. 10. Mr. Sittig discussed with Olympus the Municipality’s request that there be a reporting within 24 hours of receipt of any citizen complaints. The revision to the conditions is there will be a voice mail system on 24 hours, which seem to comply with the Municipality’s request. No. 11. A citizen may request that a complaint not be communicated to the Municipality. In those cases, Olympus will not have to report that complaint. Mr. Kase stated that he feels that if a citizen wants to remain anonymous, that’s fine, but the information should still be reported to the Municipality. No. 12. Mr. Sittig suggests that in regards to the road bonding, there is a provision under the Municipality’s Planning Code now, 509G, that if the engineers don’t agree, they agree on a third engineer and the third engineer agrees on the bond amount. The cost of that third engineer would be split between the Municipality and the applicant. In regards to road widening, we don’t know exactly what trucks are ultimately going to be there and engineering hasn’t been done on the roads yet. This is understandable because they are not far enough along to have done this. What the proposed condition is intended to do is to say that whatever they decide to do with trucks, it will have to be established on the haul route (except at the intersections) that there will be two-way traffic. Mr. Sittig didn’t like the language that if there is a special circumstance because of roadway conditions, they would make their case to the Chief Administrator. The problem is that Olympus doesn’t know what that will be and it’s giving discretion to a third party. There needs to be some language to say that unless reasonably determined through engineering submission that vehicles can safely and efficiently pass, just not saying totally within the Chief Administrator’s discretion. The engineers need to say it’s OK. Mr. Morrison asked if it could be the same arbitration rule, that if the two engineers can’t agree, that a third engineer decide. Mr. Sittig stated that the Municipal engineer has to be comfortable it safety wise. There will be many things on the construction site that will need worked out and there is a good cooperative effort now. Regardless of any difficulties, there has to be a solution that is safe. Jen Hoffman, with Olympus, stated that’s how they work with every municipality. Once there is a haul route approved, it’s really sitting down with the township’s engineers or road master and coming to what those terms look like and what the road needs to look like to be safe for everyone. Mr. Sittig stated that the next condition is trying to set up consecutive days of operation. The reason for that is that the Municipality doesn’t want to set up a situation where a well can be drilled now and drill another well a year later. The idea is that all these activities are going to happen within these consecutive days. Mr. Sittig suggested using language if there is a tolling of any of the consecutive time frames for force majeure events. Mr. Richardson stated that force majeure was just one example provided by Olympus, but the concern is that it is hard to predict what could come about that might require a deferral or suspension. vmp -7- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 4, 2019 Olympus doesn’t want to be in a situation where it’s not something within the specific language of a condition and then there is a problem. Mr. Sittig stated that with any condition, there are hardship variances. The idea is that, if you don’t drill everything you need to within the time frames, file another conditional use application. In a few years the Ordinance can change. These are generous time frames with plenty of time. There is a lot of argument that these are industrial operations, and Mr. Sittig says he believes these are construction operations. Once these are developed they are not industrial in nature, but if Olympus extends it indefinitely, it becomes industrial. The use becomes the drilling instead of the production. There is a line there and it is legitimate to put a box around when the drilling activity is done and not leave it open-ended. Mr. Morrison asked if it was Council’s desire to agree with the days noted in the conditions with exception of force majeure or take out the word “continuous” entirely. Mr. Stepanovich stated that he agrees with the box concept. That makes sense to get the work done in a time frame and not open-ended. Mr. Sittig stated that the total number of days hasn’t changed; it’s just if they are all drilled at once. Mr. Kase stated that even if Council removes the word “continuous”, there would still need to be an end date. Mrs. Lee Korns suggested using a box of two years. Mr. Kase feels that the operation could be completed in 18 months. Ms. Hoffman stated that the assumption is to drill six wells, it takes approximately 180 days with a little bit of padding in there. Those dates were never contemplated to be a continuous, consecutive time frame. There are gaps and pauses in between when things are quiet. Ms. Brockway stated that she does not want this open-ended where in five years, Olympus wouldn’t have to come back to Council to ask for more time. It doesn’t matter if there are six or ten wells. Ms. Hoffman stated that their goal is to do the wells all at one time and then come back to Council if they want to do additional wells in the future beyond the first six. She can go back to the operations team and have a discussion to see if there is an outer boundary that would fit within their plans from the time they start to the time they end. Would that be three years, for an example, which is how long a drill permit is good for and then a two year renewal which is allowed by DEP. Mr. Richardson asked when the 18 months would begin. Mr. Sittig stated that is usually when land operations begin. Mr. Richardson said that the 18 months would be an issue for Olympus. Mr. Stepanovich asked if it would be acceptable to start the 18 months at the beginning of the drilling. Mr. Richardson stated that would still be an issue because of the unknowns that are involved in the schedule. There may be a pause between drilling and completion depending on a lot of factors that can’t be anticipated right now. Ms. Hoffman stated that the total number of days given is correct and once they start the construction phase, they are not going to stop. The issue is putting the 18 month box around that. She will go back to the operations team and have that conversation about an end date, because this is not going to be resolved this evening. Regarding elimination of the water trucks, Mr. Sittig stated that the condition and recommendation on the water trucks is based on the impact of the trucks, not the water. Mr. Richardson stated that part of that condition is a maximum number of truck trips per day. This was taken from Olympus’ Traffic Study based on estimates and experience on other project averages. To have strict per day limits is an issue. That is not how the information presented in the Traffic Study was intended to be used. Mr. Sittig noted that Mr. Mudry did the study of convoy, sand, water, and total numbers. It’s up to the consultant to take the high number. Now we are hearing from Olympus that there may be more sand trucks. That, Mr. Mudry has not evaluated. Olympus was repeatedly asked to give high estimates of everything; time, trucks. Because vmp -8- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 4, 2019 Council wants to make sure that when this is approved there is enough room within all the boxes that are set to do your business. Mr. Sittig stated that Olympus wants to pipe in all the water they can. Trucking water in isn’t desirable at all. There are impacts that are being mitigated by this convoy during the completion phase. If water has to be brought in, we need to look at another transportation plan. This is what Mr. Mudry recommended. Ms. Brockway stated that she isn’t sure why at this phase, that there has been such a concern with water trucks and that Council doesn’t have a better answer from MAWC or Olympus on if they can or cannot get the water. Mr. Richardson stated that as discussed at the last meeting, there were issues with trying to enter into an enforceable water supply contract at this point. A water supply contract requires some really fixed information. One, obviously, is the amount of water that is required and the time frame that it is required. We don’t know that time frame yet. We don’t know the conditions that Council is going to impose. We don’t know if there is going to be an appeal or how long the appeal would take. We could be years away from needing water and can’t commit now to purchasing a certain amount of water nor can we expect MAWC to agree to hold a significant capacity of water for this project without knowing when the capacity is going to be needed. Olympus is asking Council to rely on a couple of things. In all of Olympus’ other projects, they have done a waterline. Olympus has stated its intention to do a waterline and it’s in their best interest to do a waterline. Mr. Stepanovich asked if Olympus has tried to get something from MAWC and letting them know what they need and what they can do for you. Mr. Richardson stated that they have submitted a written Letter of Intent and have evidence that there have been discussions. There is an intention on both sides to move forward, but there is nothing binding or enforceable until they can get to the stage where all permits and approvals are in place and right-of-ways have been secured, and a schedule is set on when Olympus will need the water. Ms. Hoffman noted that she doesn’t know what else they can provide without going into a financial obligation with MAWC when there are so many unknowns at this point. Mr. Sittig stated that this is common in development. What Olympus is saying is not just related to drilling. Mr. Lorenz stated that it is the applicant’s intent to pipe in 100% of the water. The way that the condition is presently worded, that’s what the applicant will do. If they can’t, then they have to come back and say why they can’t and work things out. Mr. Richardson stated that the wording of the condition is that the trucking of water is prohibited. Even with the waterline, that doesn’t work, because there has to be ability to truck water in during periods of low flow or unforeseen disruptions to the water supply and the pipe line. A complete prohibition on trucking water to the site just doesn’t work. Ms. Hoffman added that if there was an emergency situation, it would automatically put them in to a non-compliant situation if the condition is a 100% water piped requirement, and she doesn’t want that. Mr. Lorenz stated that he hasn’t seen any language proposed by the applicant that would address an emergency situation. Ms. Hoffman stated that they did propose a condition with 80% of the water being piped in. Mr. Sittig stated that the 20% doesn’t specify what the 20% is. Is that 20% of total trucks per day. How would that be enforced? If there is enough storage on the site, you could fill a tank and never need to truck anything. Mr. Sittig stated that he concurs with Olympus on No. 18. No. 19. Olympus has given noise limits and they are going to abide by them. No. 24. Olympus was asked to not idle outside the well pad or on the access road. Mr. Robertson stated that there was a concern that trucks may be stacked up on the access road waiting to get onto the pad. Ms. Hoffman stated that because of the convoy plan, they may need to stack trucks on the access road vmp -9- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 4, 2019 before they go onto the main haul route. Mr. Sittig said that if they are stacked up, then shut them off. Mr. Kase noted that the State standard prohibits regulated vehicles, which would be these trucks, for idling for more than five minutes in a continuous sixty minute period. The reason for the no idling on the access road is impact; impact on the residents around there. Ms. Hoffman stated that the access road is part of their project and on their property and they will control that the best that they can. There is overriding regulations associated with that. Mr. Sittig stated that the final condition is in the site plan review. Olympus objected to the Conservation District land in the operations phase being reserved or dedicated. Their objection is understandable and Mr. Sittig suggests eliminating it. Mr. Richardson stated that Olympus will work hard in the next two weeks to finalize and come back and present them at the next meeting. Mr. Lorenz stated that the options are to vote on this at the next meeting or get an extension from Olympus, if there are still issues that need worked out, and vote at a future meeting. If an extension is agreed upon tonight, it doesn’t preclude Council from working things out and voting prior to that. The applicant is agreeable with an extension until the end of January. The deadline date is now January 31, 2020, however, that doesn’t preclude Council from deciding on this prior to that date. ENGINEERING: None OLD BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: None ACTION ITEMS: As discussed during the meeting. ADJOURNMENT: Mr. Kase made a motion to adjourn the meeting. Mrs. Lee Korns seconded. All present voted aye. Motion approved. Mr. Lorenz adjourned the regular voting meeting at 9:45 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. vmp - 10 -