Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 1, 2021 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 1, 2021, 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. Council member Dayne Dice arrived at 7:47 p.m. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Carl Stepanovich, Toni Brockway, Dayne Dice - absent, Tony Spadaro, Mac McKenna, Jamie Lee Korns, Loren Kase, and Mayor Synan. PLEDGE OF ALLEGIANCE: Mr. Kase led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: None CONSENT CALENDAR ITEMS: A. Approval of November 17, 2021 Council Meeting Minutes All those present voted aye to approve the minutes of November 17, 2021. The Consent Calendar Items were approved. MAYOR’S COMMENTS: Mayor Synan announced that Jingles n’ Gingerbread will be held Monday, December 6, from 5:00 p.m. – 8:00 p.m. at the Murrysville Community Library. There will be crafts for kids and adults. Student musical performers along with Broadway and musical-inspired student performers. There will be hot chocolate and cookies to go! ASL pop-up! Wear your most festive holiday outfit. Masks will be required. 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. Register at https://www.eventbrite.com/e/hot-chocolate-hike-at-Morosini-reserve- tickets-209456117887. Please dress for the weather and plan for the terrain. Santa at Sardis will be Saturday, December 4, from 2:00-4:00 p.m. at Sardis Park on Rocky Hill Lane. Join us at the park for s’mores, a bonfire, carriage rides and Santa to kick off the holiday season! Families, please carpool. For more information visit www.murrysvilleparecreation.com under EVENTS or call the Murrysville Recreation Department at 724-327-2100 x131. 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. vmp -1- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 1, 2021 CHIEF ADMINISTRATOR’S COMMENTS: Mr. Morrison stated that December 11th will be the last leaf cleanup of the year. Residents are encouraged to call the office here at 327-2100 ext. 101 if they want a pickup scheduled. December 18th is another glass recycling event at Veterans’ Field. The food pantry will also be there. They are well stocked on food items but are asking for paper products (toilet paper, paper towels, cleaning supplies, etc.) and health and beauty items. Mr. Morrison stated that at the last meeting, he encouraged Council to go out and look at the gas well site on Bollinger Road. The sound barriers are up, and the road is complete. The rig is expected sometime in January. They are going to begin installing their gathering line and waterline. The water supply for the fracking will be coming from Beaver Dam. A drawing of the site was shown where the Titan Well Pad will be and the interconnect line. There will be approximately 12-13 properties impacted. Olympus is to provide us with verification that they have surface rights there. Mr. Morrison stated that he is scheduled for a deposition on December 8th for the Sportsmen’s Club. There was a noise issue there. On Monday, December 6th at 10 a.m., a new police officer will be sworn in. Art Aminou, who is a Murrysville resident and currently working in Manor Borough, will be replacing an officer who is retiring. Council is welcome to attend. COMMUNITY INPUT: Matthew Aukeman, 4211 Bulltown Road: Mr. Aukeman stated that months ago he warned about the White House’s National strategy for encountering domestic terrorism. That document, in his opinion, was a declaration of war on a non-existing threat, unless the threat is anyone that the Federal Government arbitrarily decides is a domestic terrorist. He also warned of Merrick Garland’s memo of October 4th, responding to the National School Board Association’s letter to the President, which characterized concerned parents who engage in school board meetings as domestic terrorists. Mr. Aukeman went on to describe cases of FBI raids on typical American families who participate in local documents. Mr. Aukeman stated that he brings this to Council because there are many people in our community, himself included, who have been vocal about election fraud and school issues. He asks Council to continue to consider making Murrysville a sanctuary city for second amendment and gun rights and have local police ready to defend citizens of Murrysville from such illegal actions from the Federal Government. Mr. Aukeman stated that he frequently communicates with his State and Federal Representatives about issues such as this and asks that Council uses their influence and channels of communication to work with the County and State to ensure the safety and liberty of Murrysville. LIAISON COMMENTS AND COMMITTEE REPORTS: Mr. McKenna: Parks and Recreation meets next week. The community members who live in the communities that have the parks, please look for the questionnaire cards which will be going out soon and return them so that when the parks are redone, the Parks and Recreation Department has an idea of what is used and what is needed. vmp -2- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 1, 2021 Ms. Brockway: An important program coming up for the Library is the Jingles n’ Gingerbread on Monday, December 6th from 5:00 – 8:00 p.m. There will be lots of activities and people really love it. There are also many children, teen and adult programs available. Please visit the Library website at murrysvillelibrary.org or call 724-327-1102. The Library is seeking a new Board Director to serve on the Library Board for 2022. The candidate should be a strategic thinker and a community-minded individual who can bring a new and diverse perspective to the collaborative leadership team. Meetings are held the 3rd Thursday of the month at 7:00 p.m. If interested, please see the position description on their website. Also, Murrysville Community Library Foundation is conducting their annual giving campaign. They are grateful for all donations received. The Foundation supports the Library’s mission to inspire ideas, enrich lives, and create lifelong opportunities for learning, literacy, and enjoyment. To donate, visit the Foundation’s page on the library website. The Library will be closed on Friday, December 31st and Saturday, January 1st. Dr. Lee Korns: Frank Burnette of Morrison Fiduciary is here tonight to explain the adjustment to the pension plan. Mr. Stepanovich: Parks and Recreation Foundation will meet next week. Planning Commission will meet next week. Mr. Spadaro: No report this week. Medic One meets in a few weeks. WORKSHOP ITEMS ADMINISTRATION: 9.A. A presentation by Frank Burnette of Morrison Fiduciary concerning an update to the pension asset allocation formula. Mr. Burnette of Morrison Fiduciary stated that for many years they have been advising the Municipality on how to invest the pension fund to keep the fund as close to fully funded as possible. The fund is up about 14% this year, which is now three good years in a row. Over the last ten years, the fund has returned around 10% a year annualized for ten straight years. An investment committee meets quarterly. The group would like to issue an RFP in accordance with State law, get some proposals in, and look into a private debt fund. Tonight, Mr. Burnette is asking Council to approve an increase in that alternate investment category from 15% to 20% so that there can be 10% in real estate and 10% in private debt. This will actually lower the risk of the fund through diversification and will probably yield more from the rate of return. Mr. Kase asked why that type of change. Is there more opportunity in this compared to where it’s at right now? Mr. Burnette stated that it is more of an industry trend. Higher yielding, nonpublic traded securities are becoming more attractive to pension funds. Mr. Morrison noted that this will be voted on at the December 15th meeting. 9.B. Discussion concerning proposed changes to the Municipality’s short-term disability policy requirements. Ms. Heming stated that currently the Municipality has a policy for short-term disability that, in the event an employee becomes eligible for disability payments during a major medical or sick leave, the employee vmp -3- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 1, 2021 assigns his rights to disability payments to the Municipality for the period he or she receives full salary. The current insurance carrier, Standard, is an “administrative service only” provider and is required to issue a W-2 to claimants at year-end. This results in the employee receiving two W-2s for the same earnings, which overstates their gross earnings and has the potential to create tax issues at year-end. Staff would like to amend the current personnel policy to provide for an employee to utilize all existing sick leave benefits prior to applying for short-term disability, and that all short-term disability payments go directly to the claimant. The claimant would not receive simultaneous payroll payments from the Municipality and they would be responsible to remit appropriate monthly payments to maintain benefits they currently have contributions for during the disability period. The claimant would receive a W-2 from the Municipality for earnings paid while working or from sick pay, and another from the short-term disability carrier while on disability. There is no impact on the current General Fund budget. The change is purely procedural. ENGINEERING: None COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider approval of Policy No. 49-21, revising the current Short-Term Disability Policy for municipal employees. Dr. Lee Korns made a motion to approve Policy No. 49-21, revising the current Short-Term Disability Policy for municipal employees. Ms. Brockway seconded. Upon roll call vote: Mr. Stepanovich – yes, Ms. Brockway – yes, Mr. Spadaro – yes, Mr. McKenna – yes, Dr. Lee Korns – yes, and Mr. Kase – yes. Motion approved. 13.B. Consider authorization to advertise Ordinance No. 1051-21, the 2022 Tax Ordinance, setting the tax rate for the calendar year 2022. Mr. McKenna made a motion to authorize advertising Ordinance No. 1051-21, the 2022 Tax Ordinance, setting the tax rate for the calendar year 2022. Ms. Brockway seconded. Ms. Heming stated that the tax ordinance is required to be advertised and then approved each year prior to the adoption of the Annual Operating Budget. Nothing has changed; the allocations are the same as they were in the budget. This is the real estate tax and has nothing to do with EIT. Upon roll call vote: Mr. Stepanovich – yes, Ms. Brockway – yes, Mr. Spadaro – yes, Mr. McKenna – yes, Dr. Lee Korns – yes, and Mr. Kase – yes. Motion approved. vmp -4- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 1, 2021 13.C. Consider authorization to advertise Ordinance No. 1052-21, the 2022 Salary Ordinance, establishing compensation and salary ranges for the 2022 calendar year. Mr. Spadaro made a motion to consider authorization to advertise Ordinance No. 1052-21, the 2022 Salary Ordinance. Mr. Stepanovich seconded. Ms. Heming stated that this is normal procedure for the first meeting in December. The Salary Ordinance stays virtually the same except that the range of the Assistant Finance Director was amended and all of the rates for the Police Department are in accordance with their current Collective Bargaining Agreement for 2022. This will come back to Council once there is a final contact with the Laborers for Public Works. Upon roll call vote: Mr. Stepanovich – yes, Ms. Brockway – yes, Mr. Spadaro – yes, Mr. McKenna – yes, Dr. Lee Korns – yes, and Mr. Kase – yes. Motion approved. 13.D. Consider approval of the Westmoreland County Transit Authority local share assessment in the amount of $1,375.50, for fiscal year 2021-2022. Mr. Stepanovich made a motion to approve the Westmoreland County Transit Authority local share assessment in the amount of $1,375.50, for fiscal year 2021-2022. Ms. Brockway seconded. Ms. Heming stated that this is an annual item for the Fiscal Year which started July 21, 2021 and will end June 22, 2022. The rate is the same; nothing has changed. They still provide one route which roughly serves 110 riders. They have had a significant decrease in riders since 2019. Upon roll call vote: Mr. Stepanovich – yes, Ms. Brockway – yes, Mr. Spadaro – yes, Mr. McKenna – yes, Dr. Lee Korns – yes, and Mr. Kase – yes. Motion approved. 13.E. Consider authorization to advertise Ordinance No. 1054-21 an ordinance amending 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. Dr. Lee Korns made a motion to authorize to advertise Ordinance No. 1054-21an ordinance amending 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. Ms. Brockway seconded. Mr. Morrison stated that Chapter 47-31 is the procedures for the hiring of police officers. In July 2021, the state passed Act 57, which strengthened the background check procedures used for hiring new police officers. Those were outlined in the briefing as far as driving history, criminal history, contacting references, contacting previous employers, and certification of that process through MPOETC. This would necessitate an amendment to Chapter 47, which is proposed with this ordinance. vmp -5- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 1, 2021 Mr. Stepanovich asked about child-line state police clearance and FBI fingerprinting. Mr. Morrison stated that is part of the process now. This just increases the ability for the prospective employers to do a more extensive, detailed background search and disqualify a candidate based on that background search if it yielded negative results. It still gives the municipality the flexibility to hire that officer, but that officer cannot be hired without the consent of MPOETC in that particular instance. The Chief had brought this forth and is supportive of this. It does not cost the Municipality anything extra. Upon roll call vote: Mr. Stepanovich – yes, Ms. Brockway – yes, Mr. Spadaro – yes, Mr. McKenna – yes, Dr. Lee Korns – yes, and Mr. Kase – yes. Motion approved. 13.F. Consider authorizing the solicitor to file a civil action against property in violation of the property maintenance code, Chapter 174 of the Murrysville Code, located at 2150 Carolina Street, tax parcel #49-16- 14-0-164. Mr. Spadaro made a motion to consider authorizing the solicitor to file a civil action against property in violation of the property maintenance code, Chapter 174 of the Murrysville Code, located at 2150 Carolina Street, tax parcel #49-16-14-0-164. Ms. Brockway seconded. Mr. Morrison stated that this property owner has been in violation for some time. Citations had been issued. The individual was found guilty, and fines were levied against him. He has not paid the fines and the problem has not been fixed. In consultation with the Solicitor, the only alternative at this point to get the property cleaned up is a civil action suit in hopes a judge will give the Municipality authority to have the property cleaned up and lien the property for the associated costs. Pictures of the accumulation of junk and debris were presented to Council. Mayor Synan stated that the Municipality has received numerous complaints. Upon roll call vote: Mr. Stepanovich – yes, Ms. Brockway – yes, Mr. Spadaro – yes, Mr. McKenna – yes, Dr. Lee Korns – yes, and Mr. Kase – yes. Motion approved. COMMUNITY DEVELOPMENT: 14.A. Consider authorization to advertise Ordinance No. 1055-21, an ordinance re-zoning 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. McKenna made a motion to authorize advertisement of Ordinance No. 1055-21, an ordinance re- zoning 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- vmp -6- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 1, 2021 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. Dr. Lee Korns seconded. Mr. Morrison stated that both the Planning Commission and Council had Public Hearings on this property. The current uses there now are actually commercial uses. It’s proper at this point to grant the request of the rezoning of the six properties. As testimony by Mr. Hergenroeder, who represented Standard Bank, the building is not vacant because of the acquisition by Dollar Bank, Choice Auto is now vacant and have moved to the Weyerhauser site, Calvary Lutheran has a vision of a different use than what was PNC Bank, and Dr. Loyacona has a dentist practice there. Mr. Kase asked if the surrounding property owners had been notified. Mr. Morrison stated that the MPC requires that letters of notice of the Public Hearings be sent out. There was no public comment. Also, the property was posted in accordance with the MCP. So they received notice twice; once for the Planning Commission Public Hearing and once for Council’s Public Hearing. Upon roll call vote: Mr. Stepanovich – yes, Ms. Brockway – yes, Mr. Spadaro – yes, Mr. McKenna – yes, Dr. Lee Korns – yes, and Mr. Kase – yes. Motion approved. ENGINEERING: None PUBLIC WORKS AND PARKS: None OLD BUSINESS: Mr. Morrison stated that a resident had concerns about traffic backup on Crowfoot and Sardis Road. Staff approached the school district and monitored the roads, and the police monitored the roads. What’s happening is there are scheduled pick-up times for students at 3:15 p.m. However, parents wanting to get in and out begin showing up at 2:30 p.m. before the kids are released. They are stacking along the access road into the school which is creating the backup. Notices were sent out to the parents asking them to please not show up until 3:15 p.m. when dismissal actually occurs. Staff is aware and action is being taken and hopefully the parents will respect the request of the school district. At this time, Mr. Dice arrived to participate in the meeting. Mr. Morrison stated that at the meeting in November, Council authorized the advertisement of an ordinance for the lease of foreign gas rights at Pedora Park and the detention pond in Spring View. It was publicly advertised and was sent to approximately 10 oil and gas companies. Bids were opened on November 29th. We received one bid for an average price of $2,000 per acre and 18% royalty on the gas rights. It is staff’s recommendation that bid be accepted as part of the ordinance that will be brought forth to Council at the next meeting. It is approximately 8.45 acres. NEW BUSINESS: Mr. Morrison stated that every reorganization year, we struggle with appointments to Boards and Commissions We received a number of responses both from existing board members who wish to be re-upped, which we chose not the interview those individuals. There are some new applicants. The problem is that they really can’t be appointed until after January 1, because terms don’t expire until December 31. Council usually doesn’t meet formally but once after the reorganization meeting and by the time interviews are scheduled and appointments made, it is February or early March. Therefore, the Boards are operating without full capacity. Mr. Morrison suggests that Council begin interviewing before next vmp -7- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 1, 2021 meeting and invite the new council members to take part in that process to expedite the appointments a little quicker. Mr. Kase said that was a good idea and Council agreed. Mr. Spadaro asked about the Blue Spruce Shops and asked if Council or staff has any control over the traffic flow or parking. It is packed with cars all the time and is an accident waiting to happen. People are speeding through the parking lot. Mr. Morrison stated that the plan was approved. There really hasn’t been a high demand of accidents reported down there. They actually have more parking spaces than what is required for that plaza. Mr. Morrison stated that, in his thinking, he is glad that people are visiting the shops and supporting the businesses. The Municipality has stringent parking requirements here compared to other communities. Is there a solution? No. People want the spots right in front. We sure don’t want empty store fronts with no one in the parking lot. EXECUTIVE SESSION: Dr. Lee Korns made a motion to adjourn to the Executive Session. Mr. McKenna seconded. All those present voted aye. The meeting adjourned to Executive Session at 7:55 p.m. ACTION ITEMS: None ADJOURNMENT. The meeting was adjourned at 8:40 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 -8-