Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, July 1, 2020 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, July 1, 2020, 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, Mac McKenna, Tony Spadaro, Carl Stepanovich and Mayor Synan. Also present were Chief Administrator, James Morrison, Director of Finance, Diane Hemming and Solicitor, George Kotjarapoglus. A PUBLIC HEARING FOR ORDINANCE #1026-20, AN ORDINANCE ADOPTING REGULATIONS FOR WIRELESS FACILITY DEVELOPMENT (KNOWN AS 5G SMALL CELL TOWERS) IN THE PUBLIC RIGHT OF WAY A Public Hearing was held at 7:00 p.m. concerning Ordinance No. 1026-20, an ordinance adopting regulations for wireless facility development (known as 5G small cell towers) in the public right-of-way. Mr. Joseph Cortese, Law Firm of Sittig Cortese, stated that he was asked by Mr. Morrison to prepare an Ordinance for 4G and 5G small cell technologies. The Ordinance has already gone through the Planning Commission. The FCC entered an order mandating that municipalities, local and state governments allow access to their right-of-ways for purposes of wireless deployment. Wireless technology has rapidly changed over the last 15-20 years. Sites originally were built on main corridors and were substantial in height. As technology has advanced, users have increased. Today in the United States, there are over 60% of wireless only homes – no landlines. This continues to increase. Customers need to be closer to the cell sites. Whether it be 4G technologies or 5G technologies, the transmitting equipment needs to be closer to the residents, because coverage is only 300 feet to 1,000 feet. What the FCC did in enacting its order in 2018, was adopt regulations that required municipalities to make available spaces within the public right- of-way utilizing existing infrastructure (existing telephone poles, electric poles, etc.) located in the community and adding additional poles as are necessary. Mr. Cortese stated that what they attempted to do was recognize the rights the wireless companies have to access the rights-of-way, but still protecting those residences and businesses by putting limitations that are available to us but still achieving both goals; allowing deployment of multiple sites within the municipality while still protecting the health, safety and welfare of the citizens of Murrysville. In connection with the ordinance, there are certain provisions that are required and mandated by the FCC order as it relates to certain rates that can be charged by municipalities. There are also certain design guidelines which will not change the character of the existing neighborhood. Joe Krill, 113 Henry Hudson Drive, Delmont: Mr. Krill stated that the Municipality could not have done a finer job in hiring Mr. Cortese as an attorney. He is thorough, disciplined and honest. Mr. Krill stated that he has been in the communication business for years. The Telecommunications Act of 1996 governs Federal, State and local government oversight of sighting personal wireless service facilities. This includes pre-exemption of the right of any local municipality to reject an application for a cell towers based on environmental concerns which has been interpreted by the courts to mean health concerns. It is a fact that government regulations which apply to the cellular industry are severely outdated. The FCC sets forth exposure standards for wireless devices based only on thermal impacts. The last update of the exposure to RF radiation standards was 1996. Question – why only thermal impacts? Has there ever been any independent, scientific research done on the safety effects of 5G radiation? There has not. Mr. Krill asked if there was any board member here that would allow the placement of a utility pole, cell phone tower, within 50 feet of their residence. vmp -1- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, July 1, 2020 Dr. Lee Korns moved to close the Public Hearing. Mr. Kase seconded. All present voted aye. Motion approved. The Public Hearing was closed at 7:11 p.m. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Carl Stepanovich, Loren Kase, Dayne Dice, Toni Brockway, Tony Spadaro, Mac McKenna, Jamie Lee Korns and Mayor Synan. PLEDGE OF ALLEGIANCE: Mr. Dice led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: None CONSENT CALENDAR ITEMS A. Approval of June 17, 2020 Council Meeting Minutes Dr. Lee Korns made a motion to approve the consent calendar items. Mr. Spadaro seconded. Upon a roll call vote: Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Ms. Brockway – yes, Mr. Spadaro – yes Mr. McKenna – yes, and Dr. Lee Korns – yes. Motion approved. MAYOR’S COMMENTS: Mayor Synan stated that the Governor’s order is: “Masks are mandatory in all public spaces,” effective today, July 1st. The Library is open for curbside pickup. Please call the Library between 12:00 pm and 3:00 pm at 724-327- 1102. Tuesdays at Townsend: Save the date for free live performance in the park from 6:30 – 8:00 p.m. Townsend Park is located at 130 Townsend Park Court. The last two dates are July 7th and July 21st. Have a happy and safe 4th of July and try to stay cool. CHIEF ADMINISTRATOR’S COMMENTS: Mr. Morrison stated that the per capita bills will be arriving soon. They will have a new look. The Municipality has combined billings with the School District to simplify the billing and payment process which will save a little money on postage. You will now be able to pay both bills at the same time on line or by mail. It will look like there was an increase, but it will be the $10 share to the School District and $5 share to the Municipality. The Murrysville Economic Community Development Corporation continues to request a liaison from Council to participate with some ideas in developing direction for the group. They meet the first Tuesday of the month at 7:30 pm at the Community Center. Mr. Dice noted that anyone interested in that liaison position, please get in touch with him or Mr. Morrison. The Glass collection was held and collected over 5.82 tons of glass. The dumpster was filled and had to close down about 1:40 pm. It was a good event and plans are being made to schedule another event sometime in September. vmp -2- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, July 1, 2020 COMMUNITY INPUT: None LIAISON COMMENTS AND COMMITTEE REPORTS: Mr. Spadaro: Nothing to report. Medic One will meet the end of the month. Mr. Stepanovich: The Planning Commission meets next Tuesday, July 7th. Mr. Kase: Nothing for EAC. Dr. Lee Korns: Nothing for the Pension Committee. Ms. Brockway: The Library met last month. The Library is still not open to the public. They have not secured a cleaning crew, which is mandatory prior to opening. Their next phase of opening will be that patrons will be allowed in but by appointment only. The book drop is open 24 hours, 7 days a week. They are running their curbside service Monday through Saturday from 12 noon to 3:00 pm. There have been over 400 curbside pickups. Visit their website at www.murrysvillelibrary.org. Mr. McKenna: Nothing to report for Parks and Recreation. Mr. Dice: FTMSA met and everything is going great. They had three years to camera all of the pipes in Murrysville – about 800,000 feet of pipe. They only have 100,000 feet left after about a year of doing this. That’s how ahead of schedule they are. They even had the new person from RDM working with them and came up with a man hours report. Mr. Morrison stated that actually there are 832,000 feet of sanitary sewer in the Municipality of Murrysville. WORKSHOP ITEMS ADMINISTRATION: 9.A. A discussion concerning the update to the Municipality of Murrysville Fiscal Health Analysis 2015 to 2024 Mr. Morrison stated that they take this 5-year planning with the Budget and this Fiscal Analysis to track and monitor trends in the community. The Fiscal Analyses is looking more at socio and economic factors with emphasis on growth patterns, value of tax millage, impacts on the tax millage versus the budgeting process, which is essentially numbers, revenues and expenditures. This is a detailed document broken down into four sections: Community Needs, Major Tax Revenues, Sources and Uses of all Government Funds, and Impacts on the General Fund. Projections for 2019 are based on information found on the internet. That information will be verified once the census data is published. Each of the analysis through the four sections had a trend applied that was positive, neutral or negative. On the last report there were ten positive trends and ten neutral trends. Now we are at six positive, five neutral, and six negative. The conclusion unfortunately is that we were trending towards needing to identify additional revenue sources out in probably 2021-2022. The impact of the pandemic with needing to transfer reserves out of the Capital Reserve to support the General Fund operation has moved that forward. If we intend to provide the same level of services as we currently do, we will probably need new revenue sources for the 2022 Budget. This Analysis supports that conclusion. Mr. Morrison went through each of the 17 trend indicators with Council vmp -3- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, July 1, 2020 and identified what is believed to be critical and impacting that conclusion. Mr. Stepanovich asked how often this analysis is updated. Ms. Heming answered that it is updated about every two years because it is so time consuming. Ms. Heming noted that if she would have completed this analysis before COVID happened, the results would be totally different. Mr. Dice stated that it was mentioned that the Zoning Ordinance might need updated. Mr. Morrison stated that generally the philosophy during his first term was to have developers extend utility lines, bigger lots and less encouraging of development in the community. The elected officials going forward will need to re- examine that if their desire is to promote growth in the community. The way to do that is through your Zoning Ordinance. ENGINEERING: None COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider authorization to advertise Ordinance #1025-20, an ordinance directing and requiring the connection of all occupied buildings and certain structures with public sanitary sewers in Murrysville on premises accessible thereto; directing and requiring the abandonment of privy vaults, cesspools, sand mounds and septic tanks on such premises; providing for the method of connection between occupied buildings and certain structures said sanitary sewers and for the inspection thereof; providing for the issuance of permits; establishing exemptions in certain circumstances; and the payment of the expenses of Murrysville and FTMSA Dr. Lee Korns made a motion to authorize to advertise Ordinance #1025-20, an ordinance directing and requiring the connection of all occupied buildings and certain structures with public sanitary sewers in Murrysville on premises accessible thereto; directing and requiring the abandonment of privy vaults, cesspools, sand mounds and septic tanks on such premises; providing for the method of connection between occupied buildings and certain structures said sanitary sewers and for the inspection thereof; providing for the issuance of permits; establishing exemptions in certain circumstances; and the payment of the expenses of Murrysville and FTMSA. Mr. Kase seconded. Mr. Dice stated that Mr. Wes Long discussed this with Council at the last meeting. This is a quantification of the past ordinances. Mr. Stepanovich stated that on page #4 of the ordinance that FTMSA get at least 24 hours’ notice when a connection is going to be made. Twenty-four hours is restrictive. Why not make it 48 hours to give FTMSA more time to come and make the inspection. Mr. Morrison stated that the author of the ordinance was the solicitor for FTMSA and they felt comfortable with the 24 hours. Mr. Stepanovich also noted that the vmp -4- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, July 1, 2020 violations and penalties would be $1,000 and felt that was too high and that $500 would be a better penalty. Mr. Morrison stated that he believes the $1,000 is required by statute. Mr. Dice agreed. Upon a roll call vote: Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Ms. Brockway – yes, Mr. Spadaro – yes Mr. McKenna – yes, and Dr. Lee Korns – yes. Motion approved. 13.B. Consider approval of the Ronald and Diane Cava real estate tax appeal, Tax Parcel #49-15-10-0-054 Mr. McKenna made a motion to consider approval of the Ronald and Diane Cava real estate tax appeal, Tax Parcel #49-15-10-0-054. Ms. Brockway seconded. Mr. Morrison stated that this is a settlement. An original appeal was filed. The Board of Assessment made a judgement and the tax payer wasn’t happy with the judgement. The appeal was to go to a court hearing and prior to the hearing there was a proposed settlement. Mr. Dice asked if the School District was on board as well. Mr. Kotjarapoglus stated that the School District usually doesn’t participate, but had added, with the condition that the School District didn’t file any objections. Upon a roll call vote: Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Ms. Brockway – yes, Mr. Spadaro – yes Mr. McKenna – yes, and Dr. Lee Korns – yes. Motion approved. 13.C. Consider approval of the Elaine Corbin real estate tax appeal, Tax Parcel #49-15-10-0-053 Dr. Lee Korns made a motion to approve the Elaine Corbin real estate tax appeal, Tax Parcel #49-15-10-0- 053. Mr. Kase seconded. Mr. Morrison stated that this is similar to the prior case. Upon a roll call vote: Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Ms. Brockway – yes, Mr. Spadaro – yes Mr. McKenna – yes, and Dr. Lee Korns – yes. Motion approved. 13.D. Consider approval of the month-to-month contract with M. Collins Cleaning Services beginning July 4, 2020 to perform custodial services at the Community Center, Robert’s Trailhead and various park restrooms. Mr. Spadaro made a motion to consider approval of the month-to-month contract with M. Collins Cleaning Services beginning July 4, 2020, to perform custodial services at the Community Center, Robert’s property and various park restrooms. Mr. Kase seconded. Ms. Heming stated that they interviewed a couple of companies and individuals trying to get a custodian for the Municipal Building, Public Works, the Community Center and the parks. During the process it was decided that it might be better for the time being to focus on the Community Center and parks since summer was here and people would want to rent those facilities. Mike Collins Cleaning Service seemed very qualified, very responsible and came back with a very good price on doing the Community Center, Robert’s property and parks on a month-to-month basis. Ms. Heming stated that they are still looking for a building custodian. vmp -5- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, July 1, 2020 Mr. Stepanovich asked if the Library had knowledge of this cleaning service. Ms. Brockway stated that Library is looking at several options and are close to signing a contract, but not sure with whom yet. Dr. Lee Korns asked if there was an update on the timeline of opening the Splash Pad. Mr. Morrison stated that it is about $250/day to open the Splash Pad. At this point, unless directed otherwise, given the mask mandate and the cost, the Splash Pad may not be opening. If asked yesterday before the mask mandate, he would have recommended that the Splash Pad be opened at least on the weekends through the rest of the summer, but now that probably won’t happen. Mr. Dice noted that there was also a concern that since there isn’t a lot of this type of facility open, it would attract people from other communities and too many people would show up, which we are trying to avoid right now because of COVID. Upon a roll call vote: Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Ms. Brockway – yes, Mr. Spadaro – yes Mr. McKenna – yes, and Dr. Lee Korns – yes. Motion approved. COMMUNITY DEVELOPMENT: 14.A. Consider approval of FPRD-1-19, CU-6-09, R-1 Zoning, Villa Ciano, a proposed subdivision of a 31.68 acre tract of land into a 23 lot Planned Residential Development located along Cline Hollow Road and is currently identified as Westmoreland County Tax Parcel 49-15-00-057, is currently owned by Patrisa Corp. Mr. Stepanovich made a motion to consider approval of FPRD-1-19, CU-6-09, R-1 Zoning, Villa Ciano, a proposed subdivision of a 31.68 acre tract of land into a 23 lot Planned Residential Development located along Cline Hollow Road and is currently identified as Westmoreland County Tax Parcel 49-15-00-057, is currently owned by Patrisa Corp. Any agreement or acceptance would include the staff recommendations and conditions included in the staff briefing. Mr. Spadaro seconded. Mr. Morrison stated that he received correspondence on several of the conditions outlined and the applicant agreed to them. The one major outstanding issue is the agreement for maintenance of the stormwater system. Mr. Kotjarapoglus and their attorney, Mr. Hergenroeder, continue to work on that. We’ll make sure that is finalized as part of the Developer’s Agreement. There was one additional item added after the last discussion; that all individual on lot stormwater management facilities must be designed, inspected and approved by a civil engineer. Upon a roll call vote: Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Ms. Brockway – yes, Mr. Spadaro – yes Mr. McKenna – yes, and Dr. Lee Korns – yes. Motion approved. 14.B. Consider approval of Ordinance #1018-20, an ordinance proposing the vacation of a portion of Carson Street between Old William Penn Highway and Ring Alley Ms. Brockway made a motion to approve Ordinance #1018-20, an ordinance proposing the vacation an unopened portion of Carson Street from its northerly terminus and ending at the northern line of Ring Alley as depicted on Exhibit D of the proposed ordinance. Mr. McKenna seconded. vmp -6- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, July 1, 2020 Mr. Morrison stated that a Public Hearing was held on this matter. No one came forward to contest the vacation. This was reviewed by staff and there are no issues from our perspective. Staff recommends approval. Upon a roll call vote: Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Ms. Brockway – yes, Mr. Spadaro – yes Mr. McKenna – yes, and Dr. Lee Korns – yes. Motion approved. ENGINEERING: None PUBLIC WORKS AND PARKS: None OLD BUSINESS: Mr. Morrison stated that PRC had been doing the Glass Recycling. They had gotten more expensive and lost some of their support. The Municipality turned to Republic Services and entered into an agreement to conduct the last recycling. Mr. Morrison stated that he would like to continue that agreement with Republic and set up a recycling for some time in September and quarterly going forward. The cost is $750 per event, regardless of weight. NEW BUSINESS: Mr. Morrison stated that he had a handout regarding Magistrate Conway’s office. Ms. Kistler, the Magistrate in Harrison City, is retiring and they are proposing to combine the Harrison City and Murrysville Districts. There was a request for some support in addition to Penn Township for placing another magistrate in the Harrison City office. Mr. Morrison stated that from data that the Mayor provided, there were two Magisterial Districts in the Mt. Pleasant area where the Senior Magistrate was taking the cases there. That would be the other alternative; either combine the offices or have a Senior Magistrate take it over. The Mayor stated that was his understanding. Judge Conway had asked the Mayor to present this to Council this evening. Mr. Conway has noted that when he entered the judiciary, there were 21 such district courts in Westmoreland County. This plan would only leave 15. The population of Westmoreland County has not decreased by 1/3 in that time. The Constitutional Convention of 1968 eliminated Justices of the Peace in every small community. He sees a movement in the name of savings to a central court for the convenience of the ADA’s and APD’s which would defeat the ideal of accessible local justice. He feels their goal is to centralize the court and move away from the district courts like we have now. Mayor Synan stated that from Judge Conway’s comments, he is obviously opposed to that. Mayor Synan stated that he believes Penn Township has already taken the position where they sent a letter to the Senior Judge handling this for the County and wants Murrysville’s support to keep the two District Judge offices open as they are now. Mr. Dice stated that he absolutely supports sending a letter and maybe even passing a Resolution. Council agreed. EXECUTIVE SESSION: None ACTION ITEMS: None ADJOURNMENT: Dr. Lee Korns made a motion to adjourn the meeting. Mr. Kase seconded. All present voted aye. Motion approved. The meeting was adjourned at 8:20 p.m. The Regular Voting Meeting and Public Hearing were 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 -7-