Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 7, 2020 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, October 7, 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 Heming and Solicitor, George Kotjarapoglus. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Toni Brockway, Mr. Stepanovich, Loren Kase, Dayne Dice, Tony Spadaro, Mac McKenna, Jamie Lee Korns, and Mayor Synan (who arrived after the roll call at 7:05 p.m.). PLEDGE OF ALLEGIANCE: Mr. Dice led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: Mr. Kase made a motion to remove agenda items: 11.B Discussion of Krystal Lake Subdivision, 11.C Discussion of the Livengood Subdivision, 14.A Consider approval of the Krystal Lake Subdivision, 14.B Consider approval of the Livengood Subdivision, 14.C Consider approval of Resolution No. 723-20; and adding 13.D Consider approval of Resolution No. 724-20 authorizing the staff to file an application with Westmoreland County for reimbursement of COVID related expenses through the CARES grant program. Dr. Lee Korns seconded. All those in favor voted aye. Motion approved. Mr. Morrison noted that the subdivisions were not ready for discussion or approval tonight. CONSENT CALENDAR ITEMS A. Approval of September 16, 2020 Council Meeting Minutes Mr. Spadaro made a motion to approve the Council Meeting Minutes of September 16, 2020. Mr. McKenna seconded. All those in favor voted aye. Motion approved. MAYOR’S COMMENTS: Mr. Morrison presented the Mayor’s slides. There was a contest through NASA to design a garment that would protect astronauts from ionizing particles. Three sixth grade students from Franklin Regional, Anthony Poole, Benjamin Poole, and Matthew Morcos, were a team that is now one of five school districts that will showcase their design to NASA in an online presentation in October. There will be a Trail Scavenger Hunt / The Amazing Race on the Westmoreland Heritage Trail on October 10th starting at 11 a.m. at B-Y Park in Trafford. Open to all ages. For more information you can go to www.westmorelandheritagetrail.com. Tennis racket giveaway was like Christmas morning for a Murrysville family. My Ground Strokes (MGS) was started by Franklin Regional senior Anup Nadesan and fellow Panther tennis player and alum Joseph Bonfiglio, to provide tennis instruction for special-needs children. It is done in partnership with East Suburban Citizen Advocacy, which provides advocacy and opportunities for people with developmental disabilities. vmp 1 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 7, 2020 CHIEF ADMINISTRATOR’S COMMENTS: Mr. Morrison stated that the EIT collection is running slightly ahead of September 2019 through September 2020. That is encouraging. There will be a Hazardous Household Waste Collection scheduled for October 24th from 9:00 a.m. – 1:00 p.m. at Westmoreland Cleanways in Unity Township. Visit their website for details and costs. Pre- registration is required. The Municipality’s Yard Waste Collection is scheduled for November 7, 21 and December 5. Details are on the municipal website. Residents are encouraged to contact Republic Services if they have items to put out. Mr. Morrison wanted to recognize Emily Mallisee, one of our staff people here, who completed her first two courses towards her engineering degree and is beginning her next two courses. We are proud of her commitment. Eighteen applications have been received, so far, for the Finance Director position. Attempts have been made to schedule four interviews, which will begin tomorrow. The 2020 Road Program was completed today. COMMUNITY INPUT: None LIAISON COMMENTS AND COMMITTEE REPORTS: Mr. Stepanovich: The Planning Commission met yesterday. A public hearing was held for Hillstone Village. An overview was presented by Mr. Kourniotis, KU Resources. There were a few exceptions. They are asking for a reduction for one road from 28 feet to 26 feet. There were also some setback and side distance requests that were taken into consideration. There was some citizen input. Some concerns were site distances coming from the plan onto Harrison City Road. There was input on senior housing from a citizen who felt that 600 square feet for a dwelling size was too small and that nine foot parking spaces should be ten feet. The Krystal Lake subdivision is waiting for a DEP permit. Livengood subdivision was tabled till the next Planning Meeting. Ms. Brockway: The Library Youth Coordinator is retiring. Carol Siefken spent more than 33 years at Murrysville Community Library. To celebrate Carol and her legacy, the Library will be hosting a car parade on Saturday, October 24th from 2:00 – 3:00 p.m. in the Library parking lot. People of all ages are encouraged to dress up, make signs, and decorate their cars. Cards are available at the Circulation Desk to sign or you can email your well wishes at Murrysville@wlnonline.org attention Maria Cuccaro. Also, Murrysville Community Library staff has installed two additional stories to their story walk along the Wetland Trail at Murrysville Community Park. The story walk is part of a partnership between the Library and the Murrysville Recreation Department. Mr. Dice: FTMSA has some upgrades going on at the main pump station. The first thing they are working on right now is a new generator, which is just shy of $1 million. In regards to the Consent Agreement with DEP, they have engaged State Pipe who will be going around to 15 locations where there are 4 and 5 defects (on the scale with 5 being the worst). vmp 2 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 7, 2020 WORKSHOP ITEMS ADMINISTRATION: 9.A. A discussion concerning proposed Ordinance #1029-20, an ordinance providing for: the establishment of a Fire Emergency Equipment Purchase Account and a Fire Emergency Equipment Repair Account in a Special Purpose Fire Millage Fund to be known as the Fire Emergency Equipment and Repair Special Purpose Fire Millage Fund; the repeal of Ordinance #167-77, an ordinance providing an Organized Plan for Aid in Purchasing and Maintaining Fire Equipment in Murrysville Borough, Ordinance #312-78, an Ordinance amending Ordinance 169-77 providing for Aid in Purchasing and Maintaining of Fire Equipment in Murrysville; Ordinance #396-94, an Ordinance Establishing an Equipment Repair Reserve for Fire Response Vehicles; and Ordinance #884-13, an Ordinance repealing Ordinance #396-94 an Ordinance establishing an Equipment Repair Reserve Fund for Fire Response Vehicles. Mr. Morrison stated that historically, the Municipality has always supported the purchase and repair of emergency fire equipment. There is an ordinance that goes back to 1960 when it was the Township of Franklin where a resolution was passed for a 2 mil tax increase for the years 1961-1962 for the purchase and maintenance of fire equipment. Since then there had been several other ordinances passed. This proposed ordinance is a restatement and consolidation of all proceeding ordinances into one ordinance and establishes a special tax levy outside of the general fund tax levy for the purchase and maintenance of emergency fire equipment. Millage would be dedicated to those specific purposes. If in future years there is a need to update that, it would have to come back to Council. This ordinance will keep in place the committee which was established, its policies and procedures on purchasing, and the capital planning of this equipment. Mr. Stepanovich asked if this will be shown on the tax bill as a separate item. Ms. Heming stated that it will not. This is not considered a tax, it is an assessment. Mr. Morrison stated that when the ordinance is passed, as part of the budgeting process, there is a breakdown of the millage within the ordinance for general purposes, etc. that will go forward in the ordinances that will accompany future budgets. ENGINEERING: None COMMUNITY DEVELOPMENT: 11.A. An update on SP-4-19, the Fustings Development, Wilson Road and Route 22 Mr. Morrison stated that the master plan for the Fustings Development was passed some time ago. Mr. Fustings recently decided to move the development of the townhouses up and submitted application to the Planning Commission, who has not yet made a recommendation to Council. In the meantime, Fustings submitted their application to PennDOT for their Highway Occupancy Permit for Manor Road. PennDOT is requiring the developer to make certain improvements to Manor Road beyond what was originally required due to anticipated traffic volumes and exiting site distance issues on Manor Road. To resolve the site distance issues the developer is proposing re-aligning Wilson Road. Mr. Morrison showed a drawing of the proposed change that Fustings is proposing to PennDOT at this time. Since it is a municipal road, the HOP applicants must be Fustings and the Municipality of Murrysville. Does Council have any opinion or objections to the re-aligning of Wilson Road? Costs associated with that re-alignment would be on Fustings as part of their Traffic Impact Fee. vmp 3 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 7, 2020 Ms. Brockway asked if there was any objection from Watson. Mr. Morrison stated that Fustings would have to resolve that with Watson. There are several parties involved, but it could be a benefit to Watson. Dr. Lee Korns stated that she didn’t see a down side to the road realignment as sketched right now, but if there were townhouses built next to the property line, would those be impeding the line of site. Mr. Morrison stated that the entrance to the townhouses would be on the other side of the high tension towers on Wilson Road. The townhouse plans would still have to come to Council for approval. Mr. Dice stated that for the time being, no one is against it. 11.B. A discussion concerning of SP-4-20, Krystal Lake Subdivision, a three lot subdivision, R-R zoning, 4670 Hilty Road, Westmoreland County Tax Parcel 49-08-00-0-006 Removed from the Agenda 11.C. A discussion concerning S-5-20, Livengood Subdivision, a two lot subdivision, M-U Zoning, 4520 Old William Penn Highway, Westmoreland County Tax Parcel 49-14-03-0-107 Removed from the Agenda PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider approval of a settlement agreement between Pound People, LLC, Cleveland Brothers Equipment Company, Inc., the Municipality of Murrysville Zoning Hearing Board and the Municipality of Murrysville Dr. Lee Korns made a motion to approve a settlement agreement between Pound People, LLC, Cleveland Brothers Equipment Company, Inc., the Municipality of Murrysville Zoning Hearing Board and the Municipality of Murrysville. Ms. Brockway seconded. Mr. Kotjarapoglus stated that Land Use Appeals were filed by Pound People, LLC, and Cleveland Brothers in response to the ZHB’s decision approving Cleveland Brothers Variance Request with conditions. That decision was appeal by both Cleveland Brothers and Pound People. The appeals were consolidated under once case number and it sat around until they were able to come to a resolution, which was basically that the Pound People would acquire some of the property that was acquired by Cleveland Brothers and in turn, Cleveland Brothers would not have to put an 8 foot high privacy fence between the two and not put a jersey barrier in. It was a win-win for both parties that Pound People acquired some additional ground and it relieved some of the conditions imposed by the Zoning Hearing Board. This is something that all of the parties wanted and is consistent with what the understanding was for relocation of the road and their use of that area. Mr. Kotjarapoglus stated that it is his recommendation that this be approved. vmp 4 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 7, 2020 Upon a roll call vote: Ms. Brockway – yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Mr. Spadaro – yes, Mr. McKenna, and Dr. Lee Korns – yes. Motion approved. 13.B. Consider approval of Ordinance #1027-20, an Ordinance vacating an unopened portion of certain streets, roads or alleys with the property described in Exhibit “A” commencing from its presently northern terminus at a parcel of land owned by LuxCesare Investments, LLC identified as Westmoreland County Tax Parcel numbers 49-16-14-0-089, 49-16-14-0-088, 49-16-14-0-072, 49-16-14-0-071, 49-16-14-0-058, 49-21- 01-0-001 and 49-6-14-0-026 as depicted in “Exhibit A” in the petition for vacation submitted by the owner of record and the Municipality of Murrysville herein relinquishes any right, title, interest, claim and demand of the Municipality in and to the above mentioned unopened portion of certain streets, roads and alleys as a public roadway Mr. McKenna made a motion to consider approval of Ordinance #1027-20, an Ordinance vacating an unopened portion of certain streets, roads or alleys with the property described in Exhibit “A” commencing from its presently northern terminus at a parcel of land owned by LuxCesare Investments, LLC identified as Westmoreland County Tax Parcel numbers 49-16-14-0-089, 49-16-14-0-088, 49-16-14-0-072, 49-16-14-0- 071, 49-16-14-0-058, 49-21-01-0-001 and 49-6-14-0-026 as depicted in “Exhibit A” in the petition for vacation submitted by the owner of record and the Municipality of Murrysville herein relinquishes any right, title, interest, claim and demand of the Municipality in and to the above mentioned unopened portion of certain streets, roads and alleys as a public roadway. Ms. Brockway seconded. Mr. Dice stated that this was talked about quite a bit and there were no further question or concerns from Council. Upon a roll call vote: Ms. Brockway – yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Mr. Spadaro – yes, Mr. McKenna, and Dr. Lee Korns – yes. Motion approved. 13.C. Consider approval to authorize advertising for a public hearing for the transfer of a liquor license R- 14228 issued to Palombo’s Bar and Restaurant, Inc., 1085 Industrial Boulevard, Derry Township, Westmoreland County to 5549 Old William Penn Highway, LLC, a restaurant facility located in the Municipality of Murrysville located at 5549 Old William Penn Highway Ms. Brockway made a motion to consider approval to authorize advertising for a public hearing for the transfer of a liquor license R-14228 issued to Palombo’s Bar and Restaurant, Inc., 1085 Industrial Boulevard, Derry Township, Westmoreland County to 5549 Old William Penn Highway, LLC, a restaurant facility located in the Municipality of Murrysville located at 5549 Old William Penn Highway. Mr. Stepanovich seconded. Mr. Morrison stated that this is standard process for a liquor license transfer. This is for a new pizza and hoagie shop, Ginny’s Neighborhood Pizza, moving into Fox’s Development on Old William Penn Highway. There will be a public hearing scheduled for the next Council meeting and a resolution authorizing the transfer. vmp 5 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 7, 2020 Upon a roll call vote: Ms. Brockway – yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Mr. Spadaro – yes, Mr. McKenna, and Dr. Lee Korns – yes. Motion approved. 13.D. Consider approval of Resolution No. 724-20 authorizing the staff to file an application with Westmoreland County for reimbursement of COVID related expenses through the CARES grant program. Mr. Kase made a motion to approve Resolution No. 724-20 authorizing the staff to file an application with the Westmoreland County for reimbursement of COVID related expenses through the CARES grant program. Dr. Lee Korns seconded. Ms. Heming stated that she got the information from the County on Friday and it is due next Friday. To apply for the grant the Municipality needs a resolution that not only authorizes staff to submit the grant, but to appoint someone to be the Liaison through the County and the Municipality for this grant. Ms. Heming stated that costs were pulled together and there is approximately $40,000 worth of costs with the majority being unemployment compensation ($31,000). Of that $31,000 if the CASES Act does what it promised to do, we would be reimburses for 50% of that. Staff is requesting $26,000 in reimbursement to cover the other 50% and additional costs of supplies that were purchased due to COVID; portable toilets at public parks, testing for staff and other pandemic related costs. The max amount of the grant is $30,000. There is no guarantee that everyone that applies will get the funding. Ms. Heming would be the Liaison. Upon a roll call vote: Ms. Brockway – yes, Mr. Stepanovich – yes, Mr. Kase – yes, Mr. Dice – yes, Mr. Spadaro – yes, Mr. McKenna, and Dr. Lee Korns – yes. Motion approved. COMMUNITY DEVELOPMENT: 14.A. Consider re-approval SP-4-20, Krystal Lake Subdivision, a three lot subdivision, R-R zoning, 4670 Hilty Road, Westmoreland County Tax Parcel 49-08-00-0-006 Removed from the agenda 14.B. Consider approval of Livengood Subdivision S-5-20, a two lot subdivision, M-U Zoning, 4520 Old William Penn Highway, Westmoreland County Tax Parcel 49-14-03-0-107 Removed from the agenda 14.C. Consider approval of Resolution #723-20, a Resolution amending the Municipality of Murrysville’s Act 537 plan for new land development, S-5-20, Livengood Subdivision, 4520 Old William Penn Highway, Westmoreland County Tax Parcel 49-14-03-0-107 Removed from the agenda ENGINEERING: None PUBLIC WORKS AND PARKS: None vmp 6 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, October 7, 2020 OLD BUSINESS: None NEW BUSINESS: Mayor Synan stated that he would like to add to the Mayor’s Report that he attended the Murrysville-Export Rotary meeting tonight. They choose Joe Paiano, Sr. for their Emergency Services Award of the Year. Mr. Paiano stated with the Sardis Fire Department in 1985, he has answered over 10,000 alarms, and currently serves as President. The Franklin Regional Boys and Girls golf team won their sections, which was very challenging considering the circumstances. EXECUTIVE SESSION: None ACTION ITEMS: None ADJOURNMENT: Mr. Kase made a motion to adjourn the meeting. Dr. Lee Korns seconded. All those in favor voted aye. Motion approved. The meeting was adjourned at 7:42 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 7