Regular Voting Meeting – Wednesday, October 7, 2015
Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, October 7, 2015 at 7:00
p.m. in the Municipal Building. Present at the meeting were Council members Loren Kase, Jeffery Kepler, Joan
Kearns, Regis Synan, Dave Perry, William Vance, and Josh Lorenz. Also present were Chief Administrator James
R. Morrison, Municipal Planner Allen Cohen, and Municipal Engineer Joe Dietrick.
REGULAR VOTING MEETING AGENDA
UNISTED AMENDMENTS: None.
Mr. Kepler moved to approve the agenda as presented. Mr. Lorenz seconded. All present voted aye. Motion
approved.
CONSENT CALENDAR ITEMS:
A. SEPTEMBER 2, 2015 MEETING MINUTES TO BE APPROVED
B. SEPTEMBER 16, 2015 MEETING MINUTES TO BE APPROVED
Mr. Vance moved to approve the Consent Calendar items. Mr. Perry seconded. All present voted aye. Motion
approved.
COMMUNITY INPUT:
Colleen Ruefle-Haley, representing Hills Church Associates, the developer of Serenity Pointe, was in attendance
to request that Council accept the roads in the development. There are currently 19 homes in the plan; a
building permit application has been submitted for another home, and a second permit will soon be requested.
She said that meets the 75% requirement for road acceptance.
Alan Sloan, 3821 Harwick Ct., joined by Rachelle Cancilla and Jodi Vollero, also of Harwick Court, addressed
Council regarding ongoing problems they have been experiencing with West Penn Power and the frequent loss
of power to the homes in Heather Highlands. Mr. Morrison asked if it was only one residence; Mr. Sloan said it
is the whole street and affects all the homes. Mr. Morrison suggested that a complaint be filed with the PUC; he
also said he would intervene with West Penn Power, but didn’t believe he would get any better response than
Mr. Sloan received.
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Regular Voting Meeting – Wednesday, October 7, 2015
COUNCIL ACTION ITEMS
ADMINISTRATION:
9A.
CONSIDER APPROVAL OF ORDINANCE NO. 932-15, AN ORDINANCE FOR THE TRANSFER OF THE
WESTMORELAND LAND TRUST ACQUISITIONS PHASE II FROM WESTMORELAND COUNTY TO THE MUNICIPALITY
OF MURRYSVILLE.
Mr. Kepler moved to approve. Mr. Synan seconded. Solicitor Kotjarapoglus explained that the County is on
board and he is waiting to hear from the Westmoreland Trust; however, the closing on the property is scheduled
for the following week. Mr. Morrison said the property includes four parcels, for a total of 95 acres to be added
to Duff Park, and he thanked all parties involved in the transfer.
Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Perry – yes, Mr.
Vance – yes, Mr. Lorenz – yes. Motion approved.
ENGINEERING:
10A.
CONSIDER AWARD OF A CONTRACT FOR DPW-6-15, WASHINGTON STREET CULVERT PROJECT.
Mr. Kase moved to award the contract to R & B Contracting & Excavation, Inc. in the amount of $164,950, with
the award being conditioned upon review and approval of the bid by the Westmorland County Planning
Department. Mr. Lorenz seconded.
Municipal Engineer Joe Dietrick explained that three bids were received, with R&B being the lowest. The
amount allocated for this project was $211,000 and he hopes to be able to do another project with the extra
money. There were no questions from Council on this item.
Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Perry – yes, Mr.
Vance – yes, Mr. Lorenz – yes. Motion approved.
10B. CONSIDER APPROVAL OF ORDINANCE NO. 931-15, AN ORDINANCE TO ESTABLISH A WEIGHT LIMIT FOR
LOGAN FERRY ROAD FROM THE ALLEGHENY COUNTY LINE (SOUTH) TO THE ALLEGHENY COUNTY LINE (NORTH).
Mr. Lorenz moved to adopt Ordinance 931-15, amending the Murrysville Code Chapter 210 for vehicle weight
limits on Logan Ferry Road from the Allegheny County line (South) to the Allegheny County line (North). Mr.
Kepler seconded.
Mr. Dietrick said that the very best way to maintain roads is to put weight limits on them because cars don’t
destroy roads – trucks destroy roads – and anything the Municipality can do to keep trucks off the roads keeps
the Municipality further ahead of the game. Mr. Kase asked to confirm that the road will be posted for local
deliveries only because of concerns he has heard from some of the businesses on the road. Mr. Dietrick said it’s
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Regular Voting Meeting – Wednesday, October 7, 2015
a state law to post for local deliveries – excess hauling would be controlled by the Municipality. There were no
further questions.
Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Perry – yes, Mr.
Vance – yes, Mr. Lorenz – yes. Motion approved.
10C. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 934-15, AN ORDINANCE ACCEPTING THE
ROADS IN THE SERENITY POINTE DEVELOPMENT.
Mr. Perry moved to advertise the ordinance. Mr. Kase seconded. Mr. Dietrick explained that the plan was
originally approved with 27 lots, with one lot being the existing farm house; two of the lots were consolidated
into one; two lots front Hills Church Road and have no access to Trillium or Blue Sage, leaving 23 lots on Trillium
and Blue Sage. There are 18 homes currently completed on the 23 lots, making the plan approximately 78%
complete. Mr. Perry asked if the ordinance refers to total lots approved or those on the roads. Mr. Dietrick said
it doesn’t differentiate – it’s just total lots in the plan. He said he made the assumption that since the two lots
will never access Trillium or Blue Sage, he didn’t count them in his percentage. There were no further questions.
Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Synan – yes, Mr. Perry – yes, Mr.
Vance – yes, Mr. Lorenz – yes. Motion approved.
10D.
CONSIDER BOND RELEASE FOR MURRYSVILLE ALLIANCE CHURCH.
Mr. Perry moved to release the bond being held for improvements at Murrysville Alliance Church in the final
amount of $31,298. Mr. Kase seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mrs. Kearns –
yes, Mr. Synan – yes, Mr. Perry – yes, Mr. Vance – yes, Mr. Lorenz – yes. Motion approved.
WORKSHOP ITEMS
ADMINISTRATION:
11A. DISCUSSION ON RESOLUTION NO. 653-15 TO BEGIN THE ENACTMENT PROCESS OF DRAFT PROPOSED
ORDINANCE NO. 930-15, AN ORDINANCE REGULATING UNCONVENTIONAL OIL AND GAS DRILLING IN THE
MUNICIPALITY OF MURRYSVILLE.
Mr. Morrison reminded everyone that the draft ordinance brought forth was the result of the work of the
Marcellus Task Force and in response to the Robinson Township case. Staff and the task force felt the essence
of the case had three components: (1) zoning issue, which essentially negated the state-wide zoning that was
part of Act 13; (2) it again made clear, as both the Huntley & Salem cases, that the Municipality has the right to
say where but not how; and (3) the twist on the plurality decision of the Environmental Rights Act and its impact
on land use. He continued by explaining that the ordinance is essentially a surface land development ordinance;
it does not directly affect mineral rights, but does affect them in some ways indirectly because of the setbacks
that might be applied, as well as other performance standards that could be initiated.
His
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presentation/information included: (1) a comparison of setbacks between Act 13 and DCNR, the ordinance as it
exists now, and the proposed ordinance; (2) a table showing what provisions are in the existing ordinance in
comparison to the proposed ordinance; and (3) a map that applies various setbacks that are proposed in the
ordinance that also include the Act 13 setbacks in the mapping.
Before Council discussion on this matter, Councilman Regis Synan read a statement recusing himself from
participating in and voting on all matters concerning the proposed ordinance because of his investment
partnership interest in a Fairmont, WV brine processing facility and the facility’s desire to receive and treat frack
water from a target area up to a 250 mile radius (which encompasses the Municipality of Murrysville) and also
to avoid all later assertations of an actual conflict of interest or the perception of an apparent conflict of
interest, to permit the Murrysville Council to exercise its collective wisdom free of claims that its participation
and vote was improperly influenced by his involvement on this proposed ordinance, to avoid Murrysville having
to defend a needless lawsuit and associated expenses, to avoid him having to defend against needless
complaints being filed with the state ethics commission of a purported ethical lapse.
Councilman Jeff Kepler explained that the vote at tonight’s meeting is NOT a vote on the ordinance; rather, the
vote is Council’s desire to reconsider whether the ordinance should or should not be updated. He reiterated
that the ordinance is a draft and is a starting point for discussion, and it is exactly the same process that was
followed when the ordinance was written 4-5 years ago. When originally written, Council recognized that the
ordinance was based on case law, technology and understanding, and public opinion at the time. At that time,
Council agreed that this is a changing landscape and it required often relooking at it and reconsidering it based
on changes that have occurred over time. The Act 13 ruling is clearly a big change and one of the reasons
Council asked the task force to reconvene, to evaluate the ordinance and present Council with
recommendations as to whether it should or should not revise the ordinance. The vote tonight is strictly on
Council’s desire to open the discussion. A draft is needed to start the process and discussion and Council needs
to have the opportunity and time to review and discuss the draft before making a decision. The Municipality
and the residents deserve the discussion.
Councilman Loren Kase said he feels the ordinance doesn’t have a balanced approach, there needs to be a
reduction in the setbacks and that the proposed ordinance is too limiting.
Councilman Dave Perry reiterated Councilman Kepler’s comments and added some clarifications regarding emails questioning why the dominant producer within the area was not included on the Marcellus commission.
He explained “special legislation,” which essentially says that if Council would develop an ordinance that would
be designed to fit or unduly benefit one person or one entity, Council would be in a position to be sued and
incur substantial fines. He said there will be a lot of changes to the pending ordinance and it won’t be final until
sometime in 2016. He again stated that, because of special legislation, Huntley & Huntley was specifically not
invited to be part of the commission. However, once the ordinance goes into pending status, Council will be
able to have discussions with Huntley and the leaseholders.
Councilman Josh Lorenz explained that he had previously voted to table this issue because of his concern about
comments from residents that the ordinance was being rushed and their voices weren’t being heard. He said
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that if people don’t feel that the process is appropriate and that process didn’t allow them to have some input,
it won’t be viewed in a favorable light. Another reason for his vote to table was that information came to light
that couldn’t be verified at the time regarding the untended consequences of the ordinance and how that would
impact unconventional drilling within the Municipality, including the possibility of additional well pads as a result
of the ordinance. He believes more research and investigation need to be done and there has to be
communication with the stakeholders. However, in order to have the discussions, Council needs to follow
Pennsylvania law and respect the process and procedure that is in place. In order to have the discussions and
get more information, the ordinance needs to go into pending status.
Councilman Bill Vance also voted to table the ordinance at the prior meeting because of his concerns for those
residents who have signed leases. He has also gotten more information on the special legislation issue which, he
said, makes a big difference.
Councilwoman Joan Kearns said she voted to move the ordinance into pending status because she knows that is
step one in the process. She further explained that the ordinance will be reviewed by the Planning Commission
and the County before it comes back to Council to begin public hearings. She said it is Council’s job to find the
middle path after listening to all sides of the issue – one doesn’t overly hurt or overly benefit anyone. She said
everyone wants a safe community that continues to draw people to live in Murrysville without fear of what may
happen in the Municipality.
12.
Community Input
Addressing Council opposed to placing the ordinance in pending status were:
Cindy Gesuale, 3051 Hoy Farm Court said the group needs more representation from the stakeholders and the
gas industry and feels the ordinance contains regulations and reporting requirements that are just as restrictive
as the increase in setbacks. A new ordinance needs to achieve a better balance and the draft ordinance is not
the answer.
Before proceeding with additional community input, Mr. Morrison explained that, although there is no drilling
currently being done in Maryland, it conducted a study over 18-24 months through various universities and the
hiring of many consultants to evaluate air, water and land impacts. Maryland had the financial resources that
Murrysville doesn’t have to hire people to conduct the study and staff felt the information generated was a
valuable resource to use. Murrysville didn’t take the Maryland reports and recommendations and throw them
into an ordinance to present to Council. The information was reviewed and applicable parts presented to the
task force to evaluate whether it was a good idea and something that Murrysville should consider as a proposed
ordinance. The Maryland study presented an opportunity to use peer review work that Murrysville could not
accomplish.
Kathy Baker, 6223 Farm Road asked if some of the restrictions are “reasonable” and said the draft ordinance
doesn’t make Act 13 go away, it just adds to it and makes it more burdensome. She continued that Murrysville
should welcome drilling and not seek to eliminate it.
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Regular Voting Meeting – Wednesday, October 7, 2015
Zach Sullivan, 4700 Beulah Dr., a resident and employee of the oil and gas industry, said the draft ordinance is
based on assumptions and needs to be fact based. He urged Council to stop the draft ordinance & start over.
Norm Franke, 4816 Sardis Road believes the ordinance should be sent back to its authors in light of the uproar
caused by excess restrictions placed on drilling and said by using proper procedures, fracking is safe.
Ed Valentas, 145 Marble Dr., McMurray, has been the land manager for Huntley & Huntley for 12 years. He said
there are many things beyond setback that are flawed and urged Council not to place the ordinance in pending
status.
Lauren Gentile, an attorney with Bow & Arrow Land Co., said that, in a recent case, the Commonwealth Court
decided that speculation of possible harms is insufficient to show that a natural gas well would be detrimental to
the health, safety and welfare of the neighborhood. She asked that Council do away with the draft ordinance
and fall back on the effective and quite restrictive current ordinance.
Vicki Higgins, 6185 Farm Road, asked Council to let the ordinance stand as originally written and involve people
from the oil and gas industry in future discussions on the ordinance.
Aaron Hough, 6525 Italy Road, representing Free Gospel Bible Institute spoke about land values and cited
comments from an appraiser and an article that said land values oftentimes increase after drilling and that
drilling had no widespread negative impacts on drinking water.
Randy Steele, 6151 Kemerer Hollow Road would like residents with larger tracts of land to be able to reap the
benefits of the minerals on their property and not have to sell to developers to build more housing plans.
Darin Paulisick, 6153 Kemerer Hollow Road said the ordinance is based on one party’s side and has no balance;
the current ordinance is more restrictive than that which the State of Pennsylvania requires. He asked why the
current ordinance is not good enough.
David Mashek, 100 Oak Park Place, Pgh. 15243, is a champion of fossil fuels. He noted many claims that have
been raised about how drilling will cause air and noise pollution, impacts on water and chemicals used in
hydraulic fracturing, all of which have been found to be untrue. A copy of his presentation is on file with the
minutes of this meeting.
Bill Torrance, 2433 Harrison City Rd., told of his family’s history in Murrysville and that wells had been drilled on
their property in the 1800s and he believes in property rights.
Robert Johnson, 5337 Brightwood Rd., Bethel Park, is an advocate for the natural gas industry and spoke about
property values as they relate to drilling areas in neighboring counties and also said he believes all the
stakeholders needed to be included in the development of the ordinance.
Douglas Benish owns property on Hills Church Rd. and urged Council to leave the current ordinance in place.
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Stephen Ralph, 5137 Scenic Rd., is a geologist, petroleum engineer and attorney. He said he fails to understand
why anyone would want to restrict development when they should be embracing it. He asked Council not to
move the ordinance forward.
Tyler Herget, 5317 Greenridge Dr., Pgh. 15236 is an employee of Huntley & Huntley and has been involved in
getting many of the residents to sign leases. He did not under the special legislation issue and said there are
multiple companies with leases in Murrysville and that Huntley & Huntley was not the only company that will
benefit.
Keith Mangini, Glencoe Avenue, Greentree, owns the property on Beulah Lane and asked how Council can move
the ordinance into pending status when, according to Councilman Kepler, Council has not had a chance to
review it. He said the maps his company has greatly differ from those presented by Mr. Morrison and he
implored Council not to vote the ordinance in.
Paul Burke, 2801 Pleasant Valley Rd. said that he didn’t understand how special legislation came into play since
Mr. Hillebrand from Huntley & Huntley was not permitted to sit on the task force or make a presentation to the
group. He said the movement to move the legislation ahead is based on a gross misinterpretation of the
Robinson Twp. case, which was a plurality decision and has no precedential value. He said that under the MPC,
the Municipality has the right to tell the companies where they can drill but not how to do it.
Mike Hillebrand, 206 Lou Nita Ct. asked if companies would be bound by the new ordinance if it is placed in
pending status. Solicitor Kotjarapoglus replied that they would be bound by the final ordinance enacted, which
may not be the draft placed into pending status. Mr. Hillebrand asked what they do in the interim. Mr.
Kotjarapoglus said they would have to either proceed under the existing ordinance and defer to the new one at
the time it is enacted; they could not proceed alone under the old ordinance if this is placed in pending status.
Bruce Livengood, 6202 Bollinger Road, questioned the use of Maryland as a “template.” Mr. Morrison explained
that there were a number of areas of the country that staff researched and to state that Maryland’s proposed
regulations were brought forth as part of Marcellus study is not accurate. Mr. Livengood said there are enough
areas in Pennsylvania that have very good controls that seem to be effective for the rest of the state and asked
Council not to approve the draft resolution.
Janet Murray, 3190 Pinecrest Ct. asked Council not to pass the ordinance.
Mark Prucnal, 4400 Round Top Rd., said he feels the residents should have had more input in drafting the
proposed legislation and that the task force should have included representatives from the drilling industry. He
believes the ordinance has flaws and it’s a step in the wrong direction.
Ted DeCesare, 2405 Francis Lane, said the ordinance needs more balance and everyone needs to try to work
together.
Bob Cypher, 3810 Wiestertown Road, said the work the state did is good enough for Murrysville
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Speaking in favor of sending the ordinance into pending status were:
Kathleen Borres, 6371 Kemerer Hollow Rd. asked Council to forward the ordinance to pending status, thus
acknowledging that the 2011 ordinance is insufficient and must be amended. A copy of her presentation is on
file in the Administration Building with the minutes of this meeting.
Jean Martin, 3825 Wiestertown Rd. complimented Mr. Morrison and Council on the work they have done and
asked that they consider having representatives of the oil and gas industry for input on the ordinance and to
pass the pending ordinance.
Leona Dunnett, 4838 Sardis Rd. & 3950 Dunnett Lane thanked Council and the task force for all the work they
have done, said she appreciates their due diligence and implored them to move forward with the ordinance.
Dennis Skeers, 3965 Murry Highlands Circle, believes it is time to move forward and have discussion.
Alyson Holt, 4830 Primrose Lane, offered support to forwarding the draft ordinance to the Planning Commission
and the County.
Kristy Trautmann, 4043 Sloanwood Drive, said she has every confidence that Council will proceed in the spirit
and practice of good governance.
Justin Hough, 6718 Fieldcrest, said it’s time to pass the ordinance into pending, address any reasonable concerns
during the pending phase and immediately begin to provide a small layer of protection for the citizens of the
community.
Eric Bies, 1336 Springview Ct., urged Council to not only think and rationalize in terms of the ordinance, but to
also feel and understand that there is a spiritual element to this – not just all science.
Lou Biesuz of Export didn’t comment for or against placing the ordinance in pending status, but said that those
opposed to drilling live where drilling won’t affect them and also said he’s noticed that everyone wants to move
into Murrysville and tell him what to do with his property.
Jill Cooper, 8012 Bren-Dina Ct., thanked Councilman Lorenz for listening to the residents and reminded residents
when they vote to vote for people who will listen.
Although Larry Rupnik did not address Council, a copy of his comments is on file with the minutes of this
meeting.
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COUNCIL - ACTION ITEMS
ADMINISTRATION:
13A. CONSIDER RESOLUTION NO. 653-15 TO BEGIN THE ENACTMENT PROCESS OF DRAFT PROPOSED
ORDINANCE NO. 930-15, AN ORDINANCE REGULATING UNCONVENTIONAL OIL AND GAS DRILLING IN THE
MUNICIPALITY OF MURRYSVILLE.
Mr. Perry moved to remove this item from the table. Mr. Kase seconded. All present voted aye.
Mr. Perry moved to approve. Mr. Kepler seconded. Mr. Perry said he has heard many comments about the
setback and he is comfortable with having the setback reduced from the current 750 feet to 550 feet if that
would take the ordinance into pending status. The 250 foot clear zone would stay in place, as well as the
waiver. This would be subject to the discussions that will be held with industry, leaseholders and other
interested parties.
Mr. Kase moved to amend the proposed ordinance to reduce the setback to 550 feet. Mr. Lorenz seconded.
Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Synan – abstain, Mr. Perry – yes,
Mr. Vance – yes, Mr. Lorenz – yes. Amended motion approved.
Mr. Perry moved to consider Resolution No. 653-15, as amended. Mr. Kepler seconded. Upon a roll call vote:
Mr. Kase – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Synan – abstain, Mr. Perry – yes, Mr. Vance – no, Mr.
Lorenz – yes. Motion approved.
13B. CONSIDER AUTHORIZING STAFF TO FORWARD A COPY OF DRAFT PROPOSED ORDINANCE NO. 930-15 TO
THE PLANNING COMMISSION FOR THEIR REVIEW AND COMMENT.
Mr. Perry moved to authorize forwarding a copy of the draft proposed ordinance to the Planning Commission.
Mr. Kepler seconded. Mr. Kase asked if there was a time limit on the review. Mr. Morrison said Planning is not
limited; however, the County is limited by 45 days. Mr. Lorenz said Planning cannot keep it for an unlimited
time because, under pending status, progress must be made within a reasonable time. Municipal Planner Allen
Cohen stated that a public hearing cannot be scheduled before 45 days have elapsed. Mr. Perry said Council will
try to move this as quickly as possible because that’s what’s fair to everybody, but will not artificially rush the
process so that Council does not get appropriate input. Mr. Morrison said he believes Council sees the Planning
Commission as an integral part of the process – to receive input and provide comments.
Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Synan – abstain, Mr. Perry – yes,
Mr. Vance – no, Mr. Lorenz – yes. Motion approved.
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13C. CONSIDER AUTHORIZING STAFF TO FORWARD A COPY OF DRAFT PROPOSED ORDINANCE NO. 930-15 TO
THE WESTMORELAND COUNTY DEPARTMENT OF PLANNING FOR THEIR REVIEW AND COMMENT.
Mr. Kepler moved to approve. Mr. Kase seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mrs.
Kearns – yes, Mr. Synan – abstain, Mr. Perry – yes, Mr. Vance – no, Mr. Lorenz – yes. Motion approved.
13D. CONSIDER DIRECTING STAFF TO SCHEDULE A PUBLIC HEARING ON DRAFT PROPOSED ORDINANCE NO.
930-15 AT SUCH TIME AS SCHEDULED BY COUNCIL AFTER THE STATUTORY 45-DAY COUNTY PLANNING
COMMENT PERIOD.
Mr. Perry moved to approve. Mr. Kepler seconded. Upon a roll call vote: Mr. Kase – yes, Mr. Kepler – yes, Mrs.
Kearns – yes, Mr. Synan – abstain, Mr. Perry – yes, Mr. Vance – yes, Mr. Lorenz – yes. Motion approved.
Chief Administrator Jim Morrison commented in response to Mr. Burke’s presentation. There was not a
recommendation that came out of the task force committee – it was a list of options presented and input taken
on those options. Mr. Perry added that he was a member of that committee and it was made very clear that
there could not be recommendations associated with anything coming from the committee. Mr. Kase also said
that the committee’s report was available to the public
OLD BUSINESS: None.
NEW BUSINESS: None.
EXECUTIVE SESSION: None.
ACTION ITEMS: None.
ADJOURNMENT: Mr. Lorenz moved to adjourn. Mr. Perry seconded. All present voted aye. 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.
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