Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 21, 2018 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, November 21, 2018, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Toni Brockway, Dayne Dice, Jamie Lee Korns, Josh Lorenz, and Carl Stepanovich. Councilmembers Loren Kase and Tony Spadaro were absent. Also present were Mayor Synan, Chief Administrator James Morrison, Solicitor George Kotjarapoglus, and Director of Finance Diane Heming. MAYOR SYNAN RECOGNIZES ROBERT BELL, DIRECTOR OF PUBLIC WOKS Mayor Synan presented Bob Bell with a Meritorious Citation in recognition of forty years of dedicated service to our community. His loyalty, talents, and selfless contributions to Murrysville will not be forgotten. It is with the sincerest appreciation for all that you’ve done for us that we wish you a happy and sunny retirement. Mr. Bell stated that when he got out of the army in 1979, he started with Murrysville as summer help and in one month became full-time parks laborer. He then became parks foreman for ten years, union labor truck driver for ten years in the Public Works Department, ten years after that Public Works Foreman, and the last 10 years as Director of Public Works. Mayor Synan said that Bob has been a tremendous asset to this community and we’re going to miss him dearly. MAYOR SYNAN RECOGNIZES MEDIC ONE - GOLD MISSION LIFELINE PLUS RECIPIENT Mayor Synan presented Murrysville Medic One with a certificate in recognition of the American Heart Association’s Mission: Lifeline EMS Gold Plus Achievement Award. The Mayor noted that by continually applying current treatment guidelines to improve patient care, Medic One’s dedication to promoting residents’ heath is clearly paramount and thanked them for their continued service to the Municipality. Derrick Gerano introduced John Dougherty, Board of Directors and Treasurer, Eric Ketteran, Board of Directors, Lieutenant Ratline, full-time employee, and Sargent Humphreys. This is the second year in a row that Medic One has received this award. Mayor Synan wanted to thank them, the Board of Directors, and all their members for giving Murrysville a first-class EMS service in this community. Mr. Lorenz added that on behalf of Council, he wanted to thank Bob Bell for his many years of service to this municipality. Mr. Lorenz also wanted to thank Medic One on behalf of Council. Medic One does so much in this community. They are there when needed and even when you don’t realize they are there. Take a look at their website and see what they do in this community. Medic One is also on standby at sporting events. If you are not a subscriber, Mr. Lorenz urges you to consider subscribing; it really helps them out and it helps you out as well. PUBLIC HEARING ON AMENDMENTS TO THE 2018 OPERATING BUDGET A Public Hearing was held at 7:09 p.m. on amendments to the 2018 Operating Budget. Ms. Heming stated that every year around mid-October she looks at the department’s budgets to see if they stayed within their total department allocation. If the department exceeds the total dollar amount allocated to that vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 21, 2018 budget, normally a budget amendment is required. This year the General Fund amendment was for police overtime. There were some vacancies that weren’t expected that lead to overtime. There were also repairs that had to be made at the Staymates barn, which wasn’t a part of the budget. For the Capital Budget, the majority of expenditures were for road improvements due to all the rain; the Lyons Run slide and the Bel Aire Road drainage project. Ms. Heming noted that even though there were increased expenditures, there were offsetting revenues to cover costs. The budget is still balanced. Mr. Stepanovich asked that of the three grants the municipality received for recycling, do we do our own grants. Ms. Heming answered yes. Mr. Lorenz, hearing no other questions, comments, or concerns closed the Public Hearing at 7:20 p.m. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Carl Stepanovich, Loren Kase – absent, Dayne Dice, Toni Brockway, Jamie Lee Korns, Tony Spadaro – absent, Josh Lorenz, and Mayor Synan. PLEDGE OF ALLEGIANCE: Mr. Lorenz led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: Mr. Morrison stated that 13.F Resignations from the Franklin Township Municipal Sanitary Authority Board was added. Mrs. Lee Korns moved to approve the agenda as amended. Ms. Brockway seconded. All present voted aye. Motion approved. CONSENT ITEMS: A. Accounts Payable B. Cash Investments and Transfers C. Approval of November 7, 2018, Council Meeting Minutes Mr. Lorenz noted that in the November 7th Minutes that Mr. Kearns name was misspelled, by missing an “a”. Ms. Brockway moved to approve the consent calendar items with the spelling correction. Mrs. Lee Korns seconded. All present voted aye. Motion approved. MAYOR’S COMMENTS: Mayor Synan stated that on December 1st from 9:30-11:00 a.m. at Panera Bread in Murrysville will be “Coffee with a Cop”. Enjoy a cup of coffee and meet the police officers. Take home a child ID kit. Thank the officers for all they do. They deserve it. Murrysville Night of Lights will be Friday, December 7th, from 6:00-8:00 p.m. There will be the tree lighting, Santa, games, crafts and lots more. Keep warm by the fire and enjoy cookies and hot chocolate. Bring your children and your grandchildren and enjoy the evening. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 21, 2018 Included in the Night of Lights is the Gingerbread House Contest by the Murrysville Recreation Department which will be held in the 1st United Methodist Church in Town Square. Voting for the event will be $1 per vote and benefit the Cystic Fibrosis Foundation. We already thanked Murrysville Medic One, but you can’t thank them enough. They do so much, not only for Murrysville, but all over this county. They work hard and are a solid financial organization. Last but not least. Mayor Synan wanted to wish everyone a Happy Thanksgiving from everyone there, including himself, Council, and staff. The municipal office will be closed November 22nd and 23rd. CHIEF ADMINISTRATOR’S COMMENTS: No comments this evening. COMMUNITY INPUT: Mr. Lorenz stated that this is the opportunity for the Murrysville community to discuss anything they’d like as long as it is three minutes or less. Maurey Fey, 376 Georgetown Lane: Mr. Fey presented a slide presentation and spoke about his concern regarding voting issues in Murrysville. Murrysville has seven precincts which have not been changed in a very long time. Currently the precinct size varies from 1,400 votes to 3,600 voters. The recommended precinct size is 1,200. Newlonsburg and Sardis were overwhelmed with voters with waiting times between 1 and 1.5 hours. Many elderly are unable to stand so long in line. Business people and others were unable to wait. Safety concerns were created by voters standing along roads and in parking areas. Parking was a big problem with cars parking in unsafe places. Some possible solutions might be to evaluate procedures at each precinct and maybe split Newlonsburg and Sardis into precincts with 1,500 to 2,000 voters. Mr. Fey recommended that a study of precincts be done, approval of recommendation by Murrysville Council, approval by Westmoreland County Election Bureau - PA Department of State, and implement the solution for the 2020 General Election. Mr. Lorenz stated that Council has heard complaints and concerns regarding the voting issues. Council is looking at what they can do about the situation. The county and the state do have to be involved and Council is looking for a way to alleviate these problems. LIAISON COMMENTS AND COMMITTEE REPORTS: Ms. Brockway stated that she was not at the Library Board meeting. Mr. Dice noted that the FTMSA is proposing a rate increase of 33%. The FTMSA is proceeding with their $10 million dollar bond issue. As mentioned earlier, Council will be accepting the resignations of John Bosetti and Lance Massetto this evening. Mrs. Lee Korns stated that the Pension Committee did move ahead with a new real estate investment that had been discussed in her report at two previous meetings. The fund was affected by the October stock market sell-off, but the fund is up 2% for this year and 2017 was a good return year. Mr. Stepanovich stated that Parks and Recreations met on November 13th. They are continuing to develop comment to put into the Penn-Franklin News which gives a history of the various parks in the community. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 21, 2018 There will be new signs at the Community Park which will be engraved. The pavilions will have aluminum signs on them. Murrysville has a trail plan. The Parks and Recreation committee reviews, as part of their responsibility, to look at development plans that come to the community and as a result, ask for easements or other way to make it best for parts of the community to connect with the trails. The Parks and Recreation Committee reviews the Capital Improvements Plan and pushes for funding going forward for bike and pedestrian paths as well. The next meeting is December 11th. WORKSHOP ITEMS ADMINISTRATION: 9.A. Discussion concerning amendments to the 2018 Operating Budget Mr. Morrison noted that this was presented at the public hearing earlier. If Council has any questions they can be answered at this point. Mrs. Lee Korns stated that part of the budget will include updates to Murrysville Community Park and the new playground and splash pad. She asked if there were going to be any seated and covered areas for parents to sit in the shade. Mr. Morrison noted that is part of the design process and part of the plan they presented earlier in the year. ENGINEERING: None COMMUNITY DEVELOPMENT: 11.A. Discussion of SP-2-18, Creative Bus Sales, 4423 William Penn Highway, 2.76 Acres, B-Zoning District John Frydrych, RA Smith, stated this was discussed at the last workshop. During the presentation of the site plan, waivers were requested as part of the application. There was a follow-up discussion regarding the east elevation in regards to additional elements which was taken back to the design team, as well as, some fencing issues in regards to the material and replacement of the existing fence line. Those items have been addressed. Adam Rohaly, Omni Associates Architect, presented the revision to the east elevation and the revised landscape plan. The entire fence line along the north perimeter will be removed. All new fencing will be included and provided along the west property line and the southern property line which separates the site and the extension of the bike trail. Another bay of the glazing was added to increase the total glazing by 4.5 to 5%. Mr. Stepanovich asked what a mezzanine level was. Mr. Rohaly answered that it is really a code term for a second floor that doesn’t take up the whole length of the building. Mrs. Lee Korns stated there is 0% glazing on the rear wall with the bike path behind it. She would like Council’s opinion on what they think of that. The building is beautiful and the site is a huge improvement to what’s there now, but looking forward Mrs. Lee Korns feels it is a concern. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 21, 2018 Mr. Frydrych stated that the entire southern property line is going to be heavily landscaped with Canadian hemlock, plus the addition of new fence material. Mrs. Lee Korns noted that around the racquet facility, there was a lot of landscaping and it’s all dead now. It didn’t last and what is left is a horrible eye sore. Mr. Morrison stated that the landscaping is bonded and part of the developer’s agreement that they are required to replace anything that dies. Mr. Lorenz asked if any thought has been given to faux glazing. Several developments in the municipality have used that successfully which doesn’t add an undo cost or expense to construction. The faux glazing would look like a window, but really isn’t. It has been used for aesthetic purposes in order to comply with the glazing requirements of the ordinance. Joseph Johnson, Penn Cove Group, Real Estate Property Management for Creative Bus Sales, stated that the thought process when Creative Bus was first looking at Murrysville was how can we do this; what is it going to take to do this. They saw the design requirements and the package that was put together they hoped would be well received. If it takes adding two faux glazing panels across the back, then that is what the applicant will do. Mr. Lorenz stated that in terms of the fencing, he very much appreciates that Creative Bus Sales is willing to make the gesture of changing the fencing to new fencing. Mr. Johnson stated that if Council prefers the trees to be on the other side of the fence depending on the border of the trail, they would be open to doing that. Mr. Lorenz asked if it was possible to have the landscaping on the trail side of the fence. Mr. Frydrych stated that the trees could be incorporated in the trail limits on the trail right-of-way. The fence line would need adjusted internal to the site and then put the trees on the other side. Right now the property line is consistent with the fence line. Mr. Frydrych stated that he would talk with the Westmoreland County Parks and if they would allow plantings in that right-of-way. 11.B. Discussion of SP-3-18, Muthappan Building, 4448 Old William Penn Highway, 0.74 Acres, MU Zoning District Greg Kourniotis, KU Resources, stated that as discussed at prior meetings, the plans were gone over considerably with Council. They are requesting modification for the underground storm water detention basin to be placed in front of the building. Everything else on the list is in the process or being finalized. Mr. Lorenz noted the reason for the modification is because of the dimensions of the property. 11.C. Discussion of S-8-18 Kish Residence, Foxwood Drive, 11.03 Acres, R-2 Zoning District The engineer representing the Kish family stated that they are looking to subdivide their property into three lots with access off of Foxwood Court onto a private roadway accessing all three lots. The reason for the subdivision is not for resale. Mr. and Mrs. Kish will be on the large tract with family members on the other two properties. There is already existing sanitary sewer adjacent to the property which they will tap into. Mr. Stepanovich questioned what fee-in-lieu was. Mr. Morrison answered that there is an Ordinance that requires the developer to either donate land or pay a fee in lieu of donating land. Mr. Morrison noted that if, at any point in the future, the applicant wished to have the municipality consider acceptance of that vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 21, 2018 road, it must meet municipal road standards. PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider approval of the 2019 Local Share Assessment for the Westmoreland County Transit Authority Ms. Brockway made a motion to consider approval of the Westmoreland County Transit Authority’s Local Share Assessment for the fiscal year July 1, 2018 to June 30, 2019 in the amount of $1,375.50. Mr. Stepanovich seconded. Ms. Heming noted that this is just general housekeeping, which is done every year, and has to be paid by February 1st. Upon a roll call vote: Mr. Stepanovich - yes, Mr. Dice – yes, Ms. Brockway - yes, Mrs. Lee Korns - yes, and Mr. Lorenz - yes. Motion approved. 13.B. Consider approval to extend the current lease with the Murrysville Community Library for an additional five (5) year period commencing from November 1, 2018 and ending on November 1, 2023 Mrs. Lee Korns made a motion to consider approval to extend the current lease with the Murrysville Community Library for an additional five (5) year period commencing from November 1, 2018 and ending on November 1, 2023. Ms. Brockway seconded. Ms. Heming stated that this is the lease the Municipality has with the Library. The lease runs for five consecutive years. Nothing has changed except that two years ago, the Library took control of the meeting room that is connected to the Children’s Library. This increased the percentage the Library pays by 1%. Upon a roll call vote: Mr. Stepanovich - yes, Mr. Dice – yes, Ms. Brockway - yes, Mrs. Lee Korns - yes, and Mr. Lorenz - yes. Motion approved. 13.C. Consider appointment of Attorney William Sittig as counsel to represent the Municipality of Murrysville before the Murrysville Zoning Hearing Board in the matter of the Murrysville Watch Committee and Members Challenge to Substantive Validity of Section 220-31(CC) of the Murrysville Code of Ordinance Mr. Stepanovich made a motion to authorize appointment of Attorney William Sittig as counsel to represent the Municipality of Murrysville before the Murrysville Zoning Hearing Board in the matter of the Murrysville Watch Committee and Members Challenge to Substantive Validity of Section 220-31(CC) of the Murrysville Code of Ordinance. Mrs. Lee Korns seconded. vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 21, 2018 Mr. Morrison stated that the Murrysville Watch Committee and Members have filed a validity challenge against the Oil and Gas Ordinance. The essence of the challenge is that they believe oil and gas exploration is not a compatible use in the R-R zoning district. Mr. Sittig was the attorney for the development of the gas ordinance and is probably best suited to provide legal assistance at this time. Upon a roll call vote: Mr. Stepanovich - yes, Mr. Dice – yes, Ms. Brockway - yes, Mrs. Lee Korns - yes, and Mr. Lorenz - yes. Motion approved. 13.D. Consider renewal of the custodial contract to Nationwide Cleaning for cleaning services at various municipally owned buildings Ms. Brockway made a motion to consider renewal of the custodial contract to Nationwide Cleaning for cleaning services at various municipally owned buildings for a fee not to exceed $46,500.00. Mrs. Lee Korns seconded. Ms. Heming stated that this is the cleaning company the municipality hired last November to clean the Municipal Building, Public Works, The Community Center, and the parks restrooms. This is renewal for a one-year contract. Mr. Lorenz stated that the municipality used to do the cleaning in-house and for a variety of reasons thought that it might be more beneficial to outsource that. Mr. Morrison noted that anytime you deal with a contractor, it’s a challenge. It’s a work in progress and staff is looking at all options. Upon a roll call vote: Mr. Stepanovich - yes, Mr. Dice – yes, Ms. Brockway - yes, Mrs. Lee Korns - yes, and Mr. Lorenz - yes. Motion approved. 13.E. Consider authorization to advertise for a public hearing concerning the renewal of a non-exclusive and revocable cable franchise contract with Comcast of Colorado/Pennsylvania/West Virginia, LLC. Ms. Brockway made a motion to authorize advertisement for a public hearing concerning the renewal of a non-exclusive and revocable cable franchise contract with Comcast of Colorado/Pennsylvania/West Virginia, LLC. for December 5, 2018 at 7:00 PM. Mr. Stepanovich seconded. Mr. Morrison stated that it is required under the federal Cable Act that we have a public hearing. There are no specific advertising requirements mentioned in the Act so we are proceeding under the requirement of the Municipal Code. Upon a roll call vote: Mr. Stepanovich - yes, Mr. Dice – yes, Ms. Brockway - yes, Mrs. Lee Korns - yes, and Mr. Lorenz - yes. Motion approved. 13.F. Consider accepting the resignations of John Bosetti and Lance Massetto from Franklin Township Municipal Sanitary Authority and to authorize advertising the two vacancies on the Board Mr. Dice made a motion to accept the resignations of Lance Massetto and John Bosetti, and also to advertise for these two vacancies on the Board. Mrs. Lee Korns seconded. Mr. Lorenz noted that the resignations do have effective dates. Mr. Massetto’s resignation is effective vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 21, 2018 December 21, 2018. Mr. Bosetti’s is effective as of December 31, 2018. Upon a roll call vote: Mr. Stepanovich - yes, Mr. Dice – yes, Ms. Brockway - yes, Mrs. Lee Korns - yes, and Mr. Lorenz - yes. Motion approved. Mr. Lorenz asked Mr. Morrison to send Mr. Bosetti and Mr. Massetto a letter of thanks for their services to the Municipality, as we typically do. COMMUNITY DEVELOPMENT: 14.A. Consider approval of SP-2-18, Creative Bus Sales, 4423 William Penn Highway, 2.76 Acres, B-Zoning District. Mrs. Lee Korns made a motion to consider approval of SP-2-18, Creative Bus Sales, 4423 William Penn Highway, 2.76 Acres, B-Zoning District. Ms. Brockway seconded. Mr. Lorenz noted that this would be in accordance with additional matters discussed in the Community Development portion of the meeting which would be adding glazing per the Municipality’s requirement on the south side of the building, as well as, investigating putting the landscaping on the outside portion of the fence closest to the trail, if at all possible, and waivers for glazing, metal paneling, and parking. The applicant accepts those conditions as just outlined, including those set forth in the staff briefing. Upon a roll call vote: Mr. Stepanovich - yes, Mr. Dice – yes, Ms. Brockway - yes, Mrs. Lee Korns - yes, and Mr. Lorenz - yes. Motion approved. 14.B. Consider approval of SP-3-18, Muthappan Building, 4448 Old William Penn Highway, 0.74 Acres, MU- Zoning District Ms. Brockway made a motion to approve SP-3-18, Muthappan Building, subject to both a waiver to Chapter 198-6.D.4 and the post-approval conditions contained in Section VI of the briefing. Mrs. Lee Korns seconded. The applicant has accepted the conditions as just outlined. Upon a roll call vote: Mr. Stepanovich - yes, Mr. Dice – yes, Ms. Brockway - yes, Mrs. Lee Korns - yes, and Mr. Lorenz - yes. Motion approved. ENGINEERING: None PUBLIC WORKS AND PARKS: None OLD BUSINESS: None NEW BUSINESS: None vmp THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 21, 2018 EXECUTIVE SESSION: Council adjourned to an Executive Session 8:26 p.m. regarding a legal issue and a real estate issue. There was action anticipated coming out of this session. ACTION ITEMS: As discussed ADJOURNMENT: The meeting was adjourned at 9:47 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