Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, October 17, 2018, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Toni Brockway, Dayne Dice, Loren Kase, Jamie Lee Korns, Josh Lorenz, Tony Spadaro, Carl Stepanovich. Also present were Mayor Synan, Chief Administrator, James Morrison, Solicitor, George Kotjarapoglus and Community Development Planner, Hayley Welsh. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Carl Stepanovich, Jamie Lee Korns, Dayne Dice, Toni Brockway, Tony Spadaro, Josh Lorenz, Loren Kase, and Mayor Synan (arrived at 7:30 p.m.). PLEDGE OF ALLEGIANCE: Mr. Lorenz led the audience in the Pledge of Allegiance. UNLISTED AMENDMENTS: There were no unlisted amendments. Mr. Lorenz asked if there were any objections to moving the Community Input to right before item 14.B under Community Development. There were no objections. Mr. Dice moved to amend the agenda as just stated. Mr. Kase seconded. All present voted aye. Motion carried. Mrs. Lee Korns moved to approve the agenda as amended, Ms. Brockway seconded. All present voted aye. Motion carried. CONSENT ITEMS: A. Accounts Payable B. Cash Investments and Transfers C. October 3, 2018, Council Meeting Minutes Mr. Stepanovich moved to approve the consent calendar items. Mr. Spadaro seconded. All present voted aye. Motion approved. MAYOR’S COMMENTS: Mr. Morrison spoke on behalf of Mayor Synan. The Chili Oktoberfest will be held Saturday, October 20th from 1 pm – 5 pm at the Murrysville Volunteer Fire Pavilion on Sardis Road. There will be cash prizes in each category competing for the best Chili in Murrysville. Guests will enjoy 30 types of hot and mild chili along with wine and Rivertowne beer. Tickets are $15 and are available through any Rotary member or the Murrysville Recreation Department. All proceeds benefit the Rotary community programs. Murrysville Garden Club invites the public to the dedication of the Blue Star Memorial at the Roberts Trailhead Murrysville Visitor Center on Sunday, October 21st at 2 pm. Parking is limited. Seating will be provided. Light refreshments will follow the dedication. In case of rain, the dedication will be at the Murrysville Community Center. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 The 53rd Annual Halloween Parade will take place on Saturday, October 27th. Registration begins at 10:30 am. The parade will begin at 11:00 am from the Mother of Sorrow Church. The parade route will be along Old William Penn Highway and end at the Murrysville Volunteer Fire Company. Drivers should note that Old William Penn Highway will be closed to traffic during the parade. This event is sponsored by the Murrysville-Export Rotary. Trick or Treating will be held Wednesday, October 31st from 6:00-8:00 pm. Please drive safely and watch out for the little ones. CHIEF ADMINISTRATOR’S COMMENTS: Today we were at the Riparian Buffer Project located at the corner of Farm and Wiesertown Road. Funding was provided by DCNR C2P2 grant program and community partnerships. Over 200 trees, 170 bushes and perennials were delivered. Dominion Energy Foundation provided $25,000 in support of that project, along with a crew of employees to dig all the trees and bushes. They completed the task in 3 hours. Mr. Morrison presented several pictures of the plantings at the site and of the check presentation. The pavilion is under construction and the paving should be done at the end of this month. LIAISON COMMENTS AND COMMITTEE REPORTS: Ms. Brockway: Library meets tomorrow. Mr. Dice: FTMSA meets tomorrow. Mrs. Lee Korns: Nothing new to report from the Pension Committee. Mr. Kase: Medic One meets tomorrow. Mr. Stepanovich: Parks and Recreation meeting last week was cancelled. Mr. Spadaro: There was a Planning Commission meeting last night. Two projects were discusses. One is a major land development application for Creative Bus Sales on Route 22. The site plan and the lighting plan were approved along with a waiver which will now go to Council. The second was a minor site plan application for the proposed Muthappan building, a single story professional building, which will mainly be doctor offices. The lighting plans were approved. They also needed a waiver and this will go to Council. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: None COMMUNITY DEVELOPMENT: 11.A. Discussion of S-6-18, Shevchik Lakefront Minor Subdivision, Michel Court cul-de-sac, 2 lots, R-R vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 Zoning. Ms. Welsh spoke regarding the 2 lot minor subdivision located in the cul-de-sac of Michel Court in an R-R zoning district. At its October 2nd meeting, The Planning Commission recommended approval of Mr. Shevchik’s plan with a few conditions relating to the private access drive. One is that the proposed private access connecting the two new lots be deemed and labeled a private street. Second is that upon recording of the final plan, that this access drive be given a lane suffix during the street naming process. Third is that a private street maintenance agreement between the future owners be produced and recorded. Last, that Council considers granting a waiver of the Subdivision Ordinance under Section 201-142 that will allow this private street to be 20 feet in width instead of 26 feet in width. The plan cannot provide any additional width as the access agreement only provides for 20 feet. This private street would be for the 2 lots only. PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider authorization to advertise for a public hearing on the 2019 Operating Budget on November 7, 2018 at 7:00 pm. Mrs. Lee Korns made a motion to consider authorization to advertise for a public hearing on the 2019 Operating Budget on November 7, 2018 at 7:00 pm. Ms. Brockway seconded. Mr. Morrison noted that it’s that time of year again. They met with the Mayor and put some final touches on the plan which will be distributed November 1st. The public hearing is scheduled for November 7th; thereafter, there will be a workshop, and the budget will be voted on before the end of the year. Mrs. Lee Korns noted that she will be away on business for the public hearing. Upon a roll call vote: Mr. Stepanovich - yes, Mrs. Lee Korns - yes, Mr. Dice – yes, Ms. Brockway - yes, Mr. Spadaro - yes, Mr. Lorenz - yes, and Mr. Kase - yes. Motion approved. 13.B. Consider approval of the animal control service contract with Hoffman Kennels for the 2019 calendar year. Ms. Brockway made a motion to consider approval of the animal control service contract with Hoffman Kennels for the 2019 calendar year. Mr. Dice seconded. Mr. Morrison stated that this is under the same terms and conditions as last year’s contract with a $5 increase charged for emergency services and emergency calls. There were no complaints in regards to their service and no one else has offered or is available to provide this service. Upon a roll call vote: Mr. Stepanovich - yes, Mrs. Lee Korns - yes, Mr. Dice – yes, Ms. Brockway - yes, Mr. Spadaro - yes, Mr. Lorenz - yes, and Mr. Kase - yes. Motion approved. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 13.C. Consider authorization to advertise for the 2019 Boards, Commissions, and Committees vacancies. Mrs. Lee Korns made a motion to consider authorization to advertise for the 2019 Boards, Commission, and Committees vacancies. Mr. Kase seconded. Mr. Morrison stated that he provided a list of individuals whose terms were expiring on the various boards and commissions. Once Council takes action, the individuals whose terms are expiring will be contacted to see if they are interested in reapplying. Upon a roll call vote: Mr. Stepanovich - yes, Mrs. Lee Korns - yes, Mr. Dice – yes, Ms. Brockway - yes, Mr. Spadaro - yes, Mr. Lorenz - yes, and Mr. Kase - yes. Motion approved. COMMUNITY DEVELOPMENT 14.A. Consider approval of S-6-18, Shevchik Lakefront Minor Subdivision, Michel Court cul-de-sac, 2 lots, R- R zoning. Mrs. Lee Korns made a motion to approve S-6-18 Shevchik Lakefront Minor Subdivision, Michel Court cul- de-sac, 2 lots, R-R zoning along with the conditions noted and should there be any further consideration of the private street becoming public or any further subdivision that it would have to adhere to the Municipality codes or come before Council again. Ms. Brockway seconded. Mr. Lorenz stated that this subdivision was discussed earlier with Council’s approval on the condition that it is a private street to the extent that, if any further consideration of the private street becoming public or further subdivision, it adheres to Municipal codes. Mr. Kotjarapoglus noted that they will have their own maintenance agreement as to whether or not they pave the street, but it would be their responsibility. Basically it is a shared common driveway. Mr. Kase added that an exemption to the 26 foot requirement should be added to the conditions. Mrs. Lee Korns made a motion to amend her approval to S-6-18 Shevchik Lakefront Minor Subdivision, Michel Court cul-de-sac, 2 lots, R-R zoning to also add a condition to accept the exemption of the 26 foot requirement to 20 feet with the understanding that it remain a private road with no paving at this time. Ms. Brockway seconded. Mr. Lorenz asked if the conditions as outlined and amended are acceptable to the applicant. Mr. Charles Hergenroeder, Attorney for Dr. Shevchik, indicated that the conditions are acceptable. Upon a roll call vote: Mr. Stepanovich - yes, Mrs. Lee Korns - yes, Mr. Dice – yes, Ms. Brockway - yes, Mr. Spadaro - yes, Mr. Lorenz - yes, and Mr. Kase - yes. Motion approved. COMMUNITY INPUT Mr. Lorenz stated that there is a sign in sheet and reminded the audience that this is their opportunity to talk to Council. When you come up, please state your name and address for the record. You will then have a time limit of three minutes to speak. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 Michael Lansberg, 1056 Manor Vue Court: Mr. Lansberg stated that he is a lifelong resident of the community, a graduate of Franklin Regional, a taxpayer, a parent, a teacher, and the current President of the Franklin Regional Education Association. He wanted to voice his support of the elementary construction project. He is representing the teachers, with a number of them present this evening, and more importantly, our kids. His hope is that Council will vote on a simple criterion – what is best for the kids. The most important resource we have for our kids is the faculty. What they are doing for our kids now is amazing. It is inspiring to think what they would be able to do if our facilities would move into the 21st Century and if we could create a physical culture conducive for learning. He wants what’s best for this community and that mean supporting this project and doing what is best for the kids. Graham Eldridge, 4959 Longview Court: Mr. Eldridge wanted to thank Council for listening to them over the past months. He is in opposition to this project or the building of any new school. Our children are now growing up digital with iPhones, iPads, and computers. That’s where they live and that’s how they learn. He projects that there will be a reduction in attendance of 61 students in the schools per year. The Goddard School down at Blue Spruce which is a pre-kindergarten is now getting ready to set up for kindergarten. With the traffic problems associated with this new location, they have the opportunity to take over kindergarten. There are 21st Century cyber schools where students are texting in and other primary charter schools just waiting to pounce when parents realize how difficult it is going to be to get to this school. His projection is that in 15 years, this new built facility is going to be obsolete, empty, and irrelevant. Dick Kearns, 4997 Longview Court: Mr. Kearns asked that when it comes time to vote, that he would like each Council member individually to tell us why their solutions are acceptable and meet all the issues that have been brought forward. The issue is not education and it’s not the kids; it’s the fact that this site is the wrong site. That has been the issue all along. The location at Sloan was never intended to address the health, safety, and welfare of the neighbors and the community at large. It just doesn’t fit. Joan Kearns, 4997 Longview Court: Mrs. Kearns handed out copies of her comments on conditions that had been proposed. Water quality has been a big issue. Parking lot lighting has gone back and forth. Road safety issues have been discussed item for item. These issues should be taken care of first. Not post- occupancy. Storm water infiltration should be solved ahead of the game. Deliveries and pickups with a 250 foot back up projected is a public nuisance. The design is neither complimentary nor harmonious with the surrounding area. Emergency Services planning is a serious concern not only to residents but to parents. It must be resolved before anything else is done or before construction begins while children are still in school. Dorothy Martin, 5009 Northlawn Circle: Ms. Martin stated that there are serious concerns of health, safety, and general welfare. The one of safety, the Franklin Regional District cannot meet. How many firemen, medics and police would it take to block all the intersections between the Sloan campus and all the places that response teams would need to come from? They would be coming from all the surrounding areas if there is a critical incident. We do not have enough manpower to block the roads, to take care of the injured, and those at risk. There would be parents on the road before many EMS vehicles are. Minutes count in an emergency. Please explain Condition #11 Emergency Response and Evacuation Plan. Lynn Full, 5001 Greensburg Road: Ms. Full stated that the Planning Commission spent a lot of time producing information that they forwarded to Council, as did the EAC. Many of them found their vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 arguments against the site, not the education, quite valid and worth examining further. She would hope that Council would appreciate what all they have done and use that information to help in your final decision. Ms. Full addressed some of the issues she had with the conditions. She does not trust the School Board to follow up in 3-years to do a study because they haven’t followed through on very simple measures. She encourages Council to vote no. She would rather pay higher taxes to fight this in court than to pay higher taxes for a site that has been plagued with a multitude of problems. Bettie Carlson, Turnberry Court: Ms. Carlson stated that this is not about a school. It’s not about an education. It’s about location and the right thing to do. The people who put the plan together, the people who designed this monstrosity, who decided to put all the youngest and most vulnerable kids in one location, to have them on a bus for more than one hour twice a day, don’t even live here. They don’t have kids that are affected. When you vote, it’s about us. We are your neighbors. Do the right thing. Allan Martin, 4740 Sardis Road: Mr. Martin stated that he is a lifelong resident of Murrysville. He attended Sloan School and is opposed to this plan as written. The plan does not address three key issues which are site, safety, and sewage. Traffic issues within the complex are not sufficient enough. A lot of sewage issues have not been addressed. The site does not fit the harmonious plan for Murrysville as a whole. He is not against a new school for the kids, but against the site as proposed. Is it good for the kids? It really is not. There are safety issues, traffic issues, sewage issues, and health issues. Consider the quality of the proposal you are voting on. Rayna George, 2013 Lasher Court: Ms. George stated that she is speaking as a parent, resident, and teacher within the School District and supports this project. She has heard a lot of arguments that go in a lot of different directions. As a teacher within the district she has seen and heard about the benefits to the kids as a result of this project. A large majority of the teaching staff and a large majority of the community as parents support this project. Rick O’Mahony, 5064 Northlawn Circle: Mr. O’Mahony said to stop and think about the terrible incident at the high school a few years ago. An incident can be of any nature. The responders who will come to this site come from Monroeville, Level Green, Export, Delmont, Harrison City – how do they get to this site? 14.B. Consider approval of SP-6-17 Sloan Elementary School Land Development Plan, CU-7-17 Sloan Elementary School Conditional Use, P-L Zoning, CU-8-17 Sloan Campus Major Excavation and CU-9-17 Sloan Campus Wetland and Wetland Buffers, 4121 Sardis Road, Murrysville, PA Mr. Kase made a motion to approval of SP-6-17 Sloan Elementary School Land Development Plan, CU-7-17 Sloan Elementary School Conditional Use, P-L Zoning, CU-8-17 Sloan Campus Major Excavation and CU-9-17 Sloan Campus Wetland and Wetland Buffers, 4121 Sardis Road, Murrysville, PA to include the eleven conditions as specified in the addendum of Conditional Use approval document. Mrs. Lee Korns seconded. Mr. Lorenz noted that the conditions were modified a little since the last meeting. They were posted except for #11 to include that First Responders, as well as the School District, must come together and agree on a plan prior to construction that would encompass construction both during and post-construction. In clarification to the lighting, that was modified to end 30 minutes after an event in the evening or within a reasonable time for health and safety purposes. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 Mr. Lorenz wanted to assure everyone that when they came to Council, Council has listened; they have read what was sent to them and they are aware of the issues. Council understands the issues and there are various views on many of those issues. Council’s job is to look at the issues through a lens on which they are empowered to look through and render a decision on the project as proposed. Each member of Council will be given the opportunity to speak on what they would like to say with respect to this project. Mr. Spadaro read, “It is important to recognize that if activity is one that is allowed upon conditional use approval, it is to be permitted with all customary and ordinary burdens associated with such use. It is only when the extraordinary burden exist that cannot be addressed with the imposition of reasonable conditions that a plan is to be denied”. He feels that we have extraordinary burdens that are put on the people. The people have a lot of concerns; the site water pollution, the traffic backups, the noise, safety, and emergencies. Mr. Spadaro feels that the School Board had no intention of giving into the will of the people. They talked a good game, but don’t feel their hearts were in it. Over the past year, Murrysville citizens have expressed their objection with good reasons why the Sloan School project should never have happened. The School Board should have had enough sense to realize that and withdrawn this project. Mr. Spadaro feels that the citizens’ voices should not go unheard. Mr. Stepanovich stated that in regards to conditions, he is OK with the water quality location of the tests. The time benchmarks during construction and then one year thereafter, he would like to see greater than one year, but that is not a major issue. Lighting, he is OK with. Traffic, he is OK with that there would not be buses from Longview to Hills Church. He would be OK with establishing a School Zone on either Sardis or Crowfoot. He is OK that if the school is built, that there be a post-traffic study. Regarding the bond, if improvements are greater than the bond amount of security, the School District should be responsible for that. Traffic easing at Longview and the entrance to the new school should have 4-way stop signs and not wait for 2 years. As far as the site being safe in the event of an incident, he doesn’t think it’s going to be safe at all. Mr. Stepanovich feels it is an unnecessary burden to the health, safety, and welfare of Murry Woods and Crowfoot residents. Concentration of all the children in one location is a single target, which is a problem. Heavy equipment while the children are in school is not safe. There is an unnecessary burden for children to have long rides to and from school. Noise and Harrison Trail easement conditions, he is OK with. In respect to sewage, we cannot stop construction in Murrysville. Emergency Management, a different site in proximity to Route 22 would be much better. Trash pickup, he has no problem. Architectural design, he feels there would be a better site than the current site. We are living in difficult times. Incidents unthinkable 20, 30, or 40 years ago now happen all too often. He questions whether the laws, ordinances, and standards supporting them are current with the times. Mr. Kase wanted to first address concerns about their abilities as Council to make well researched decisions and a commitment to the community as a Council. There have been incorrect assumptions that Council has been influenced by fear of legal action or “bullied” by the Franklin Regional School District. Mr. Kase stated that he would never be influenced by the fear of legal action in his decisions and doesn’t believe that the rest of Council would either, whether they vote for or against this. He trusts the thorough review by the EAC and the Planning Commission. They brought forward concerns that have carried through Council’s discussions and approvals up to this point. He also trusts the many years of experience and the judgement of our leaders in the Police Department, Fire Department, and Medic One. Safety of the community is their priority and would not compromise this commitment to their friends and neighbors. Any project that comes before Council affects all of us. He feels that Council have imposed reasonable conditions that vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 would make this project a positive addition to the community and with the backing of our emergency services, that it will be a safe place for our children. Mrs. Lee Korns wants everyone to understand that she has heard every voice and read every email and post in the Facebook groups, both against and in support of this project. She has carefully weighed the concerns by each resident in each meeting, the expert and resident testimony from the public hearing, all plans and documents submitted by the district and their representatives, conducted her own research into each of these issues, and certainly relied on our Municipality’s legal counsel to determine every possible, contemplatable issue as we move forward. Mrs. Lee Korns stated that she has the absolute greatest respect for our Planning Commission and our EAC. A new school with updated technology may be beneficial to our children, but a new school is not necessary for better STEM education. The decisions that led to this proposed development are and were the responsibility of those elected by the residents to the School Board - not by Council. With regards to aesthetics, we don’t have legal room to deny or to add different conditions based on what was proposed. There are concerns about the state of FTMSA, but expert testimony reported the school would not exacerbate these pre-existing conditions. In regards to flooding, the district does have a plan in place that uses multiple measures, such as rain gardens and pervious pavement that should actually reduce the flooding at this site. Although she does not disagree that there may have been a better location for this campus, this land is zoned in a way that allows a school on that land, but it’s not up to Council to say they should pick another site if we can impose reasonable conditions that would allow its development. This brings us to what is within Council’s power, as a legislative body, and what she feels based on listening, notes, research, and consults with staff and the solicitor. We can and have articulated conditions related to a number of areas of concern. All are in response to the concerns you, the residents, have shared and are conditions that Council feels are essential. We cannot meet every single demand and desire of every single resident, but we did work extremely hard to look at all of them and to address as much as we could. Mrs. Lee Korns noted that she is trying to protect the health, safety, and welfare of our residents and land while operating within the bounds of what is legal and what her job as a Council Member entails. Mr. Dice stated that there are a lot of valid concerns about this project; concerns about FTMSA, concerns about traffic back-up and how this traffic back-up is going to impact safety especially during a catastrophic event. In the past couple months in looking over this project, he can say without a shadow of a doubt that this project is safer with our conditions than without our conditions. His experience as a land use attorney comes into play here because, if this Council unilaterally denies this project, it will lose in court. When we lose in court, the judge will not sign an order that says that the School District gets to proceed subject to the conditions that Murrysville had previously put forth. The order will say that all those conditions are gone and they get to build their school however they want now. All those eleven conditions, the $2.3 million bond, and water testing will be gone. If he thought Council could win this, he’d say to give it a shot. He has looked into this, and the Municipality won’t win. This project is safer with the conditions than without. Ms. Brockway would like to give her personal opinion on the Sloan project, the community, as well as the School Board. She is putting herself into the shoes of the residents as being a resident like all of you. She is retired but has family on the far side of the district that will be directly impacted by Council’s decision on this project. She is very concerned about the safety and welfare aspect for children and the surrounding community. Ms. Brockway wants to commend the residents for voicing, as loudly and politely as possible, vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 their passionate views on this project. Although there have been residents for this project, she has also heard many not for this project for a number of reasons. She understands their position. On the other hand, she has watched School Board representatives be very condescending and almost rude in town halls to concerned Murrysville residents. Although they have the right to choose this land at this time for this purpose, they have done a poor job in communicating and understanding why the community is against this project. School Board, our school scores and rankings are nowhere near what they were in the past. She thinks we need to take a harder, better look at the current teaching happening in Murrysville. She is very concerned about the rankings. That is the reason why people move into a school district. Not for a building or for a campus. The voiced opinion of the School Board that this is the most logical place to put our elementary and most vulnerable children and then do whatever plans for the rest of the campus has not been conveyed honestly and openly to the residents. This location is not ideal by any stretch of the imagination. Shame on the School Board for its lack of empathy to those who pay school salaries and taxes and its non-fiscal responsibility over the years for maintenance of these older buildings. You’ve raised taxes every year for over a decade. You should be accountable for those dollars in this community. With her personal opinion noted, she has looked at this as a Councilwoman should. Based on the fact that this property is deemed a Conditional Use property, and what Council is responsible and allowed to look at, and the many discussions we’ve had regarding must have conditions, her vote will reflect these thoughts. Mr. Lorenz stated that there were many reasons and opinions provided as to why this project was not a good idea. One was that the existing schools should be renovated; that we don’t need to build new schools. There is a concern about school taxes. The most common concern was location; that there are better alternate locations than what’s across the street. Another point raised was that the School Board just didn’t listen to us. We don’t need new schools to be competitive; that education isn’t a product of the building. There were also other concerns expressed, which are all legitimate concerns. Mr. Lorenz noted that for purposes of a Land Use Application, those are not items that Council can consider. We, as a Council, have a role and a function in this community. That role and that function are set forth in our Home Rule Charter as well as the Municipal Planning Code. This Council does not sit as an Appeals Court to decisions of the School Board. This Council does not sit in judgement of the policy considerations and policy decisions that the School Board may make, whether we agree or disagree with those policy considerations. That is not Murrysville Council’s role or function in this instance. We are here because this is a Land Use Application. As prescribed by law, the process that we are required to undertake is a two to three step process. The first is whether or not the proposed land use meets the zoning. The land across the street is zoned public. One of the conditional uses for public land is for a school. We then have to look at the Municipality’s Land Use Ordinances and we have to see that the proposed development complies with those ordinances. The School Board’s proposed land use does comply with the ordinances. Because this is a Conditional Use, however, in the zoning district, we as Council are empowered to impose reasonable conditions upon the development. The idea behind reasonable conditions is to make the development better; better in terms of the impact on the community and on the residents. Those are not at the whim of Council. It is guided by the facts and circumstances of each development and it is couched in legal precedence. These types of disputes go on each and every day in Municipalities across the Commonwealth. Council must view this development, just as it would with any other developer that would come to Council. We have done that. We, as Murrysville Council, do not get to review or revisit the policy decisions of Franklin Regional School District. This first went before the Environmental Advisory Council and as part of their review it also went before the Westmoreland Conservancy. It then went to the Planning Commission, who then held multiple workshops, had a Public Hearing, and took public comment. The project was reviewed, discussed, and vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 proposed conditions were brought forth to Council. Once brought to Council, it was reviewed extensively by staff. Council had workshops, had a public hearing, and took public comments. If you look at the development as it was proposed originally and you look at the development now with the proposed conditions, the development and the proposed project significantly improved, most notably from its impact on this community and on the neighbors. Everyone on Council cares about this community. Everyone cares about the children in this community. With Council’s strong conditions that it is proposing upon this development, we feel that it can meet the health, the safety, and the welfare of this community. Mr. Lorenz asked Council if, in light of everything that has been said, there anything else they would like to add. Mr. Spadaro said that he still thinks the legalities of this have probably changed a lot of minds and if it wasn’t a legal issue, Council would probably be unanimous with a no vote. He would rather vote no and take a shot with the courts. The people had a lot of good reasons why it shouldn’t be passed. This day and age, some judge might listen to them, but we’ll never get that opportunity. Mr. Stepanovich said that his rationale hasn’t changed. There could be a better site for this. We’ve done the best we can with what we’ve been handed. He respects his fellow Council people; good arguments. Mr. Kase said that he appreciates the Council members offering different opinions and different perspectives. We work off each other, we have discussions, and it helps us understand what’s happening and better understand the issues. Mrs. Lee Korns has nothing new to add to her arguments, but wanted to thank each Council member and each member of the community who has spoken or emailed them. You made us all more critical thinkers and more aware of the situation and your concerns. Mr. Dice stated that we are not the Appeals Court of the School Board and if we were, things would be very different. Thanks to everyone who has come here and talked at our meetings. Your voices have been heard. Ms. Brockway said she had nothing additional to add. There are a lot of emotions on both sides of the issue. Our job is different than if we were sitting there as a parent on the other side of the desk. Hopefully we all here have tried to do what we believe is best for the community moving forward. Mr. Lorenz wanted to thank everybody, along with the staff and the solicitor. There is a lot of work that goes on behind the scenes. We, as Council, have put in a lot of work, and all that work has been in an effort to meet and understand the needs of this community. Upon a roll call vote: Mr. Stepanovich - no, Mrs. Lee Korns - yes, Mr. Dice – yes, Ms. Brockway - yes, Mr. Spadaro - no, Mr. Lorenz - yes, and Mr. Kase - yes. Motion approved 5-2. ENGINEERING: None PUBLIC WORKS AND PARKS: None vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 17, 2018 OLD BUSINESS: None NEW BUSINESS: Finalize paperwork that was just voted upon. EXECUTIVE SESSION: None ACTION ITMES: Items discussed during meeting ADJOURNMENT: Mr. Stepanovich made a motion to adjourn the meeting. Mrs. Lee Korns seconded. All present voted aye. Motion approved. The meeting was adjourned at 9:24 pm. 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