Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 17, 2021 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, November 17, 2021, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Toni Brockway, Loren Kase, Jamie Lee Korns, Mac McKenna, Tony Spadaro, and Carl Stepanovich. Also present were Chief Administrator, James Morrison, Public Works Director, Bill Paiano, and Solicitor, George Kotjarapoglus. Council President, Dayne Dice and Mayor Synan were absent. PUBLIC HEARING A Public Hearing for the re-zoning of six properties, two at 4725 Old William Penn Highway, Calvary Lutheran Church, Tax Parcels 49-14-08-0-013 and 49-14-08-0-014, two properties at 4765 Old William Penn Highway, Choice Auto Sales, Tax Parcels 49-14-08-0-015 and 49-14-08-016, 4771 Old William Penn Highway, Loyacona Dental, Tax Parcel 49-14-08-017 and 4785 Old William Penn Highway, Standard Bank, Tax Parcel 49-14-08-0-018 from M-U, Mixed Use to B, Commercial. A Public Hearing was held at 7:00 p.m. for the re-zoning of six properties from M-U, Mixed Use to B, Commercial. Mr. Morrison stated that the Municipality was petitioned by three property owners of five parcels of ground located between 4725 Old William Penn Highway and 4785 Old William Penn Highway who have made application for rezoning the properties from M-U, Mixed Use to B, Business. A fourth property owner has not filed an application but supports the rezoning. A map of the properties and zoning are in the support documents file. Mr. Charles Hergenroeder stated that he is an attorney representing the three petitioners in this action: 1) The Calvary Lutheran Church, which now owns the old PNC Bank; 2) the former used car dealership; and 3) Standard Bank, which is now owned by Dollar Bank as part of their merger. Three of those uses are going to cease. All of those uses were in the mixed-use zone. Once the use ceases, if its not picked up for a year, the use goes away. That’s where we are with the car dealership. Calvary Lutheran Church would like to turn the old PNC Bank into a meeting hall and daycare, which is a prohibited use in a mixed-use zone. The car dealer is under contract for someone to put in a high-end car wash, which would also be a prohibited use. Dollar Bank, which has a branch across the street, would like to abandon use of the Standard Bank as they are not sure what they want to do with it yet. Half of the block now is zoned B-Business, and the other half is M-U Mixed Use. It would make more sense to be consistent and have the whole block be B-Zones. Mr. Morrison showed a map indicating where the properties were located and the zoning around them. All of the current uses in the area proposed for rezoning are permitted uses in the B district. The Planning Commission held a public hearing on November 16, 2021. There was no public comment. The Planning Commission recommended approval of the rezoning request. Dr. Lee Korns noted that Council has tried to be extremely cognizant of the fact that we want controlled development and controlled growth because we want that commercial tax base, but we also don’t want it spread throughout the entire Municipality. This makes sense to look at rezoning and keeping it right along the highway so that there is a commercial corridor but maintain the residential areas and rural areas. Mr. Kase asked for any comments from the audience. Hearing no comments, Mr. Stepanovich moved to close the Public Hearing. Mr. Spadaro seconded. All those present voted aye. Motion approved. The Public Hearing was closed at 7:10 p.m. A complete transcript of the proceedings was recorded by Network Deposition Services. vmp 1 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 17, 2021 REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Dayne Dice - absent, Jamie Lee Korns, Loren Kase, Carl Stepanovich, Mac McKenna, Tony Spadaro, Toni Brockway, and Mayor Synan - absent. PLEDGE OF ALLEGIANCE: Mr. Kase led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: None CONSENT CALENDAR ITEMS A. November 3, 2021 Council Meeting Minutes B. Accounts Payable C. Cash Investments and Transfers Mr. Spadaro made a motion to approve the Consent Calendar Items. Dr. Lee Korns seconded. All those present voted aye. Motion approved. MAYOR’S COMMENTS: Mr. Morrison read the comments for Mayor Synan. Tis the season! Santa at Sardis will be Saturday, December 4, from 2:00-4:00 p.m. at Sardis Park on Rocky Hill Lane. We were in hiatus last year, but the year before was a very nice event with a bonfire and lots of things for the kids to do. Families are encouraged to carpool because there is limited parking and to bring along a chair to enjoy the bonfire. That same day, December 4th, a Gingerbread House Contest will be held by the Murrysville Recreation Department and Murrysville Community Library. All individuals, groups and businesses are welcome. Houses must be constructed completely of edible materials and not be larger than 12” wide x 18” long x 18” high. For more information and to enter go to murrysvilleparecreation.com or call 724-327-2100 ext. 131. Voting will occur at the event for $1 per vote and will benefit the Murrysville Community Library. Hot Chocolate Hike will be Saturday, December 11, 10:00 a.m. at Morosini Reserve. Join the Recreation Department and Westmoreland Conservancy for an easy 2–3-mile hike along the trail. Finish the hike with a cup of hot chocolate. The Recreation Board, in conjunction with the Murrysville Library, is sponsoring a reading of “The Polar Express” and a visit from St. Nicholas on Wednesday, December 16, at 6:00 pm at the Murrysville Community Center. For more information and to register, go to the website. This is limited capacity. CHIEF ADMINISTRATOR’S COMMENTS: Mr. Morrison stated that the Southwest Regional Planning Commission is sponsoring a survey of residents in the six-county area that they serve. The survey deals with broadband and internet service. It will be the forerunner of identifying programs to take advantage of the American Relief Funds to extend and to improve broadband service in this region. The background information on the survey and a link to the survey are posted on our website. Residents are encouraged to participate in the survey. On Thursday, the Solicitor and he will be in a meeting concerning one property in Murrysville, with a failing septic system, that is trying to get in the Washington Township sanitary sewer system and was blocked by vmp 2 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 17, 2021 the Kiski sewer treatment facility. All of the parties involved will sit down and hopefully come to terms with the situation. It appears that the Fustings development may be back on track. COMMUNITY INPUT: None LIAISON COMMENTS AND COMMITTEE REPORTS: Mr. Spadaro: Medic One meets tomorrow night. They won’t be meeting in person because of a COVID problem and will meet virtually. Mr. Stepanovich: The Planning Commission met last week. They agreed and were ok with the rezoning of the properties that was just discussed in the Public Hearing. Dr. Lee Korns: The Pension Committee met today and discussed reallocating some funds with a look to long term health funding which will be coming to Council probably in December. Ms. Brockway: Murrysville Community Library meets tomorrow at 7:00 pm. Mr. McKenna: Parks and Recreation met on November 9th. Ms. Greene had a request for bench placement at Skena & Kellman Reserve by the pond. There was a lengthy discussion on where placement in certain parks can be located. The park patrol were asked to plot out certain areas which are suitable for bench installation. The Trick or Treat on the Trail went very well. The neighborhood park survey is pending. Post cards will be going to the residents who live in the neighborhoods that have parks. This will include Bear Hollow, Chambers, Heritage, and Kovalczik. If you live in those areas, please return the cards with your comments or go on-line to complete the survey. Mr. Kase: Nothing to report for EAC. WORKSHOP ITEMS ADMINISTRATION: 9.A. A discussion concerning amendments to the Murrysville Code, Chapter 47-31(D) Uniformed Police, updating minimum general qualifications and requesting separation records to meet recent changes required under State Act 57 0f 2020. Mr. Morrison noted that the Municipality of Murrysville is a Home Rule community, so it’s different from certain State codes for boroughs and townships. Our Civil Service is in the Personnel Policy which outlines how we proceed with the hiring of new officers. Recently, Act 57 amended the requirements for hiring new police officers. This centered around doing more extensive background checks by way of contacting previous employers to determine if there were any activities which occurred in the police officer’s past employment that would disqualify them from moving forward as a police officer. In order to implement those requirements, Municipal Police Officer Education and Training Commission (MPOETC) requires Municipalities to implement these new regulations. As a result, we have to amend our Personnel Policy, Chapter 47 of the Code. Items that are impacted are outlined in the briefing. An ordinance will be vmp 3 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 17, 2021 developed to be entertained for advertisement at the next meeting. Dr. Lee Korns asked that with more extensive background checks, would there be no additional impact on budget? Mr. Morrison answered that currently we do an internal background check as part of the policy, but specific questions will be added to previous employers. Mr. Kase asked if Chief Seefeld was in support of this or if there were any negatives to this. Mr. Morrison answered no, that Chief Seefeld is in total support of this. ENGINEERING: None COMMUNITY DEVELOPMENT: 11.A. A discussion concerning the re-zoning of six properties, two at 4725 Old William Penn Highway, Calvary Lutheran Church, tax parcels 49-14-08-0-013 and 49-14-08-0-014, two properties at 4765 Old William Penn Highway, Choice Auto Sales, tax parcels 49-14-08-0-015 and 49-14-08-016, 4771 Old William Penn Highway, Loyacona Dental, tax parcel 49-14-08-017 and 4785 Old William Penn Highway, Standard Bank tax parcel 49-14-08-0-018 from M-U, Mixed Use to B, Commercial. Mr. Kase asked if there were any other comments or questions regarding this rezoning. There were none. Mr. Morrison stated that this will be incorporated in an ordinance to amend our zoning ordinance and the official map of Murrysville, which will come back to Council at the next meeting. Mr. Morrison added that as required under Act 247, there were two Public Hearings, this was publicly advertised, and property owners within 300 feet of the proposed rezoning were notified. PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider approval of Ordinance #1049-21, an amendment to the Fee Ordinance. Ms. Brockway made a motion to approve Ordinance #1049-21, an amendment to the Fee Ordinance. Dr. Lee Korns seconded. Mr. Morrison stated that this was brought to Council in October. The items addressed in the Fee Ordinance included the increase of security deposit for the pavilion/gazebo rental, eliminating the meeting room space for rental, addition of Club House fees, and an increase in the building permit fees for any construction of commercial buildings or R-3 buildings over 20,000 square feet. The increase brings Murrysville in line with neighboring community fees. Upon roll call vote: Dr. Lee Korns – yes, Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. 13.B. Consider approval of Ordinance #1050-21, an ordinance that provides for the demolition of dangerous structures in the Municipality of Murrysville. vmp 4 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 17, 2021 Dr. Lee Korns made a motion to approve Ordinance 1050-21, an ordinance that provides for the demolition of dangerous structures in the Municipality of Murrysville. Ms. Brockway seconded. Mr. Morrison stated that the original ordinance was passed in 1967 and there were some updates with the property maintenance code. This ordinance sets out a procedure for identifying structures that are blight for demolition and puts the responsibility, through public hearing and through testimony of the building inspector, on Council to declare these buildings a nuisance and eligible for demolition. Mr. Stepanovich stated that the support documents indicate the responsibility of Council and said that often times they look for direction from the Chief Administrator. He then asked if Council would be alerted of this. Mr. Morrison answered that there would be a public hearing, which would be advertised, where the building inspector would appear before Council, give testimony as to why be believes the structure is dangerous, and then Council would accept that and give authorization to proceed. Mr. Kase asked that once the property owner is contacted several times, is there any type of appeal at that point. The solicitor answered that the owner has the right to appeal to the court of administrative decisions. Upon roll call vote: Dr. Lee Korns – yes, Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. 13.C. Consider authorization to enter into a cooperative purchasing agreement with Export Borough. Mr. Spadaro made a motion to consider authorization to enter into a cooperative purchasing agreement with Export Borough. Mr. Stepanovich seconded. Mr. Morrison stated that this would probably be the third agreement that Murrysville has entered into with Export. In many instances the joint purchasing of services and products provide discounts based on quantity of materials purchased and/or residents served, such as garbage and recycling contract and joint purchasing programs. Export will have this on the agenda at their December 7th meeting. Upon roll call vote: Dr. Lee Korns – yes, Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. COMMUNITY DEVELOPMENT: None ENGINEERING: 15.A. Consider reducing the sequestered funds being held to insure completion of the required improvements at the Hillstone Village Development, Harrison City Road, in the amount of $547,920.90 vmp 5 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 17, 2021 Dr. Lee Korns made a motion to consider reducing the sequestered funds being held to insure completion of the required improvements at the Hillstone Village Development, Harrison City Road, in the amount of $547,920.90. Ms. Brockway seconded. Mr. Morrison stated that this is the development on Harrison City Road. The bond reduction is mainly for the utilities and paving of the road which have been completed. Upon roll call vote: Dr. Lee Korns – yes, Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. PUBLIC WORKS AND PARKS: 16.A. Consider authorization to advertise for sale various surplus vehicles through Municibid, an online auctioning service for government agencies. Dr. Lee Korns made a motion to authorize to advertise for sale various surplus vehicles through Municibid, an online auctioning service for government agencies. Mr. McKenna seconded. Mr. Paiano stated that this is done annually for property or equipment that is surplus or no longer usable. The items this year are two police vehicles, a public works dump truck and a Grizzley lathe. The vehicles are taken to Public Works to be evaluated and rotated through the process. These vehicles were at the point of just needing disposed of and none will pass inspection. Municibid is a multi-state on-line auction. Most of what’s bid is Municipal equipment. The auction receives a very small amount from the sale (@ 2%). Mr. Morrison stated that the Mayor suggested that the Franklin Regional Robotics team might be interested in the lathe. Upon roll call vote: Dr. Lee Korns – yes, Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. OLD BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: None ACTION ITEMS: None ADJOURNMENT: Mr. Stepanovich made a motion to adjourn the meeting. Mr. Spadaro seconded. All those present voted aye. The meeting was adjourned at 7:38 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 6