Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 15, 2021 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 15, 2021, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Toni Brockway, Loren Kase, Mac McKenna, Tony Spadaro, and Carl Stepanovich. Also present were Mayor Synan, Chief Administrator, James Morrison, Assistant Finance Director, Jacie Milchak, Public Works Director, Bill Paiano, and Solicitor, George Kotjarapoglus. Council members Dayne Dice and Jamie Lee Korns were absent. PUBLIC HEARING CU-4-21, LASHAN TIMBER HARVEST, 5010 SALTSBURG ROAD, TAX PARCEL 49-04-00-0-044, +/- 60 ACRES, R-R ZONING A Public Hearing was held at 7:00 p.m. for CU-4-21, LASHAN TIMBER HARVEST, 5010 Saltsburg Road, Tax Parcel 49-04-00-0-044, +/- 60 Acres, R-R Zoning. Mr. Morrison noted that the application states Salisbury Road, but it is Saltsburg Road. David O’Barto, Consulting Forester, 129 Cramer Road, Latrobe: Mr. O’Barto stated that all the paperwork has been submitted. Mr. Morrison stated that the applicant is proposing an approximate 60-acre parcel of ground for selective cutting of timber on the site. The Zoning Ordinance requires that this be done by Conditional Use via approval. The applicant has submitted all required paperwork, in particular, the review by the Westmoreland Conservation District, and has received authorization from them. Mr. Stepanovich added that at the Planning Commission meeting, this was approved by the Planning Commission. Mr. Kase asked for any comments from the audience. Hearing no comments, the Public Hearing for CU-4-21 was closed at 7:08 p.m. A complete transcript of the proceedings was recorded by Network Deposition Services. Mr. O’Barto asked what happens next. Mr. Morrison stated that this will be scheduled for the January 12th meeting for approval of the Conditional Use and then the permit will be issued. Mr. Morrison stated that he would be notified of the action of Council after that meeting. REGULAR VOTING MEETING ROLL CALL/VOTING ORDER: Tony Spadaro, Mac McKenna, Loren Kase, Dayne Dice - absent, Carl Stepanovich, Toni Brockway, Jamie Lee Korns - absent, and Mayor Synan. PLEDGE OF ALLEGIANCE: Mr. Kase led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: Mr. Kase noted that there are two additions to the agenda. 1) Executive Session regarding personnel matters, and 2) 13.H. The Commonwealth of Pennsylvania settlement with various Opioid manufacturers and distributors. CONSENT CALENDAR ITEMS A. December 1, 2021 Council Meeting Minutes B. Accounts Payable C. Cash Investments and Transfers vmp 1 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 15, 2021 All those present voted aye to approve the Consent Calendar Items. The Consent Calendar Items are approved. MAYOR’S COMMENTS: Mayor Synan stated that a Glass Recycling “pop-up” Collection Event will be held Saturday, December 18th at Veterans Field parking lot, 4200 Sardis Road, from 9 a.m. – 2 p.m. Residents are also encouraged to support the Loaves and Fishes Emergency Food Panty which will be at the pavilion accepting drive-thru donations during the same hours. This is sponsored by the Municipality of Murrysville and Republic Services. Christmas Tree-Cycling will be January 8 & 15 from 9 a.m. – 1 p.m. at the Murrysville Windstream parking lot located at 4792 Old William Penn Highway near Giant Eagle. It is estimated that one live Christmas tree makes 5 lbs. of mulch. Hosted by Murrysville/Export Rotary. The 2022 Pennsylvania American Legion Essay Contest is offering scholarships totaling $9,000 for high school students. The essay theme is “What does the 19th Amendment mean to me?” Essays must be submitted to the student’s local American Legion post by January 8. More information can be found at pa- legion.com/programs then click on the “student and youth” tab. You can also email Jim Drnjevich at jgdrnjevich@aol.com. The Murrysville Recreation Department will have a First Day Hike on Saturday, January 1 at 9 a.m. at Valley Trail, Murrysville Community Park by Soccer Field 3. Kick off the New Year right with a First Day hike. Dress for the weather and wear appropriate hiking shoes. Contact the Recreation Department for more information. The Murrysville Recreation Department and Westmoreland Conservancy are challenging the community to explore 12 miles in the parks with the 12 for 12 Challenge! During January, February, and March, walk, bike, or run 12 miles in Murrysville’s Parks, Westmoreland Heritage Trail or any Westmoreland Conservancy Reserve property. This is a FREE virtual challenge. Contact the Recreation Department for more information. Mayor Synan wanted to thank Mr. Kase for serving our community for eight years, and Ms. Brockway for serving our community for four years. Both have been very dedicated public servants and have been assets to this Council and community. Thank you both very much. CHIEF ADMINISTRATOR’S COMMENTS: Mr. Morrison stated that during the Glass Recycling Event on Saturday, the Loaves and Fishes Emergency Food Pantry will be accepting very needed health and beauty items, paper products, toiletries, and cleaning items. Last week he and the Mayor met with Senator Pittman to discuss various improvements along Route 22 (the turning lane heading west at Mellon / Manor Road). We had received a grant as part of the Fustings development project. Also discussed was a movement with Salem Township on the signals at Walmart and Mark Drive in the smart-system along Route 22. A meeting is set up after the first of the year with PennDOT officials to further discuss this. A new police officer was sworn in on Monday. Art Aminov, a young man who is a Murrysville resident, we wish him well. vmp 2 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 15, 2021 Today, the Mayor, staff and himself, met with the consultant who was hired for the American Rescue Funds. He reviewed what was put together so far and was satisfied that we were doing the right thing. We will follow up with him after the first of the year. COMMUNITY INPUT: None LIAISON COMMENTS AND COMMITTEE REPORTS: Mr. Spadaro: Medic One meets tomorrow night. Mr. Stepanovich: The Parks and Recreation Foundation met on December 7th. There was a presentation by Jordan Pallitto who is a managing consultant with the Community Foundation of Westmoreland County. He has a lot of experience with non-profits and municipal foundations. Discussion centered around setting a goal for the organization beyond just the funding itself. One of the objectives was to develop a compelling answer to why donate to an organization when we are also paying taxes in what is viewed as the same thing. We should all consider and think about this. The Planning Commission met yesterday. Timber Harvest was a public hearing and went into some detail on what their objective is. It is approximately 60 acres, south of Route 286, the entry point will be around Coal Road. Key importance is erosion and sedimentation which was approved by the Conservation District. There were two residents who spoke. Estimate is that it would take two months to complete and would be selective harvesting – not clear cut. Planning did approve this. There was a discussion regarding Murry Corporate Park. The location would be bordering Mellon Road, behind the storage facility on Route 22. It is approximately 7.1 acres. The facility would be an office / warehouse with 31,350 square feet. There was a lot of discussion about stormwater drainage and questions about easement. The applicant was very cooperative on what he was presenting. There is work to be done in regard to glazing, lighting, and landscaping. The application was tabled until the next Planning Meeting on January 11th. Ms. Brockway: The Library Board meets tomorrow. There are new programs starting after the first of the year. Please visit their website at murrysvillelibrary.org. Mr. McKenna: Parks and Recreation met last night. Santa at Sardis turned out great along with the weather. The volunteers, Parks Department, employees and Public Works did a fantastic job. The kids had a blast toasting marshmallows, the campfires, and Santa was supposed to be there from 2-4, but he was probably there till around 6. Parks and Recreation is excited about the new committee members that Council is working on interviewing. A reminder that the survey for the neighborhood parks will be going out. Keep an eye out for your mail and fill out the survey. When the parks and trails open in the new year, if there are any concerns or new ideas, please let the Parks Department know. Next year for Flags over Murrysville, if you are interested in helping, please contact him. Also on that note, Mr. McKenna wanted to wish his dad a happy 75th birthday since he is the flag guy. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: None vmp 3 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 15, 2021 COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider approval of Ordinance No. 1051-21, the 2022 Tax Ordinance, setting the tax rate for the calendar year 2022. Ms. Brockway made a motion to consider approval of Ordinance No. 1051-21, the 2022 Tax Ordinance, setting the tax rate for the calendar year 2022. Mr. Stepanovich seconded. Ms. Milchak stated that this was reviewed at the last meeting. This is the ordinance to implement the 2022 tax rate. The millage rate is going to stay the same as 2021 at 12.15 mills. The details to the distribution of the tax to the various funds are attached and incorporated in the ordinance. Upon a roll call vote: Mr. Spadaro – yes, Mr. McKenna – yes, Mr. Kase – yes, Mr. Stepanovich – yes, and Ms. Brockway – yes. Motion approved. 13.B. Consider approval of Ordinance No. 1052-21, the 2022 Salary Ordinance, establishing compensation and salary ranges for the 2022 calendar year. Ms. Brockway made a motion to consider approval of Ordinance No. 1052-21, the 2022 Salary Ordinance. Mr. Spadaro seconded. Ms. Milchak stated that the Salary Ordinance was discussed at the last meeting. This ordinance is required to be approved annually and sets the salaries for the municipal employees. The proposed 2022 budget includes the salaries and wages included in the 2022 Salary Ordinance. This ordinance was updated to include increases for the police per the Collective Bargaining Agreement and a cost-of-living increase for the non-union employees. Wages for the Public Works Department are the same as 2021. Union negotiations are currently underway and are unknown for 2022. Once the final agreement is reached and approved by Council, the Salary Ordinance will be revised to include the new rates. Upon a roll call vote: Mr. Spadaro – yes, Mr. McKenna – yes, Mr. Kase – yes, Mr. Stepanovich – yes, and Ms. Brockway – yes. Motion approved. 13.C. Consider approval of Resolution No. 741-21, enacting the 2022 Operating Budget. Mr. McKenna made a motion to consider approval of Resolution No. 741-21, enacting the 2022 Operating Budget. Ms. Brockway seconded. Ms. Milchak stated that the resolution to the 2022 Operating Budget was advertised, presented to Council, and discussed in a Public Hearing on November 2, 2021. No revisions were requested and no changes to the vmp 4 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 15, 2021 original proposed 2022 Operating Budget were made. Upon a roll call vote: Mr. Spadaro – yes, Mr. McKenna – yes, Mr. Kase – yes, Mr. Stepanovich – yes, and Ms. Brockway – yes. Motion approved. 13.D. Consider approval of Ordinance No. 1053-21, an ordinance granting a lease for oil and gas rights for approximately 8.43 acres of municipally owned property, tax numbers 49-16-11-0-075, Pedora Park and 49- 16-14-01-199, a detention pond facility in the Spring View Plan of Lots. Mr. Stepanovich made a motion to approve Ordinance No. 1053-21, an ordinance granting a lease for oil and gas rights for approximately 8.43 acres of municipally owned property, tax numbers 49-16-11-0-075, Pedora Park and 49-16-14-01-199, a detention pond facility in the Spring View Plan of Lots. Mr. McKenna seconded. Mr. Morrison stated that the Municipality was approached by an oil and gas company interested in leasing the non-surface rights to these two parcels of ground. The Solicitor advised that the leasing of the rights had to be advertised. It was advertised and, in addition, we sent out notices to around 10-12 oil and gas companies. Bids were opened on November 29th. One bid was received for $2,000 per acre for a 3-year lease and 16% royalties. The lease will generate $16,860 for the 3-year lease. Royalty payments are unknown at this point. This will be included in the unit which Olympus will be accessing from the Titan Well site. Mr. Morrison noted that the funds generated by this lease and royalties will be used to make improvements to Pedora Park, which is currently scheduled for 2022. The balance of the funds would be applied to other park development programs. Upon a roll call vote: Mr. Spadaro – yes, Mr. McKenna – yes, Mr. Kase – yes, Mr. Stepanovich – yes, and Ms. Brockway – yes. Motion approved. 13.E. Consider approval of Resolution No. 742-21, revising the investment policy for the two municipal employees’ pension plans. Mr. Spadaro made a motion to approve Resolution No. 742-21, a Resolution revising the existing investment policy statement (Resolution No. 739-21) for the two municipal pension plans. Ms. Brockway seconded. Mr. Morrison stated that Mr. Burnette was here at the last meeting and discussed with Council the proposed reallocations to increase alternatives from 15% to 20%, reduce the Fixed Income from 25% to 20%, and the Equities remain at 60%. Upon a roll call vote: Mr. Spadaro – yes, Mr. McKenna – yes, Mr. Kase – yes, Mr. Stepanovich – yes, and Ms. Brockway – yes. Motion approved. 13.F. Consider authorization to advertise for a public hearing on a request by Giant Eagle, Inc. for the inter- municipal transfer of a restaurant liquor license. Mr. McKenna made a motion to consider authorization to advertise for a public hearing on a request by Giant Eagle, Inc. for the inter-municipal transfer of a restaurant liquor license. Ms. Brockway seconded. vmp 5 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 15, 2021 Mr. Morrison stated that the Municipality had received drawings for improvements at the Giant Eagle Supermarket. As part of the upgrade, they are proposing to put in a small restaurant area and to have a restaurant liquor license with that. As part of the process, a public hearing has to be held for public comment and this is authorization to advertise for that that public hearing. Upon a roll call vote: Mr. Spadaro – yes, Mr. McKenna – yes, Mr. Kase – yes, Mr. Stepanovich – yes, and Ms. Brockway – yes. Motion approved. 13.G. Consider approval of 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 of 2020. Mr. Stepanovich made a motion to consider approval of 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 of 2020. Ms. Brockway seconded. Mr. Morrison stated that the Municipal Police Officer Education and Training Commission has put forth new regulations predominantly for pre-employment background checks on the hiring of new officers. To implement Chapter 47-31, the Personnel Code needs updated to include those requirements. Upon a roll call vote: Mr. Spadaro – yes, Mr. McKenna – yes, Mr. Kase – yes, Mr. Stepanovich – yes, and Ms. Brockway – yes. Motion approved. 13.H. Consider authorizing the appropriate municipal officials to sign any documents necessary to facilitate participation in the Commonwealth of Pennsylvania’s settlement with various opioid manufacturers and distributors. Mr. McKenna made a motion to consider authorizing the appropriate municipal officials to sign any documents necessary to facilitate participation in the Commonwealth of Pennsylvania’s settlement with various opioid manufacturers and distributors. Ms. Brockway seconded. Mr. Morrison stated that Westmoreland County filed litigation against a number of opioid manufacturers and distributors. The Attorney General of Pennsylvania negotiated a potential settlement with several distributors as well as with a manufacturer. The settlement required them to set up a procedure for distribution of the funds, which would be distributed to counties and municipalities with a population greater than 10,000. The money is significant and to be distributed over an 18-year period. In order for the municipality or county to get the funds, documents must be executed to participate in the program. This would give either the President of Council or himself the authorization to sign those documents. Upon a roll call vote: Mr. Spadaro – yes, Mr. McKenna – yes, Mr. Kase – yes, Mr. Stepanovich – yes, and Ms. Brockway – yes. Motion approved. vmp 6 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 15, 2021 COMMUNITY DEVELOPMENT: 14.A. Consider approval 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 49-14-08-017 and 4785 Old William Penn Highway, Standard Bank tax parcel 49-14-08-0-018 from M-U, Mixed Use to B, Commercial. Mr. Spadaro made a motion to approve 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. Stepanovich seconded. Mr. Morrison stated that this has gone to both the Planning Commission and to Council. The Petition was advertised in accordance with MPC and properties were posted. The Planning Commission reviewed and recommended the rezoning and is now before Council for their action tonight. Upon a roll call vote: Mr. Spadaro – yes, Mr. McKenna – yes, Mr. Kase – yes, Mr. Stepanovich – yes, and Ms. Brockway – yes. Motion approved. ENGINEERING: None PUBLIC WORKS AND PARKS: 16.A. Consider the approval of competitive bids for surplus municipal owned vehicles. Ms. Brockway made a motion to consider the approval of competitive bids for surplus municipal owned vehicles. Mr. McKenna seconded. Mr. Paiano stated that bids were put on Municibid for one dump truck and two police vehicles. The Peterbilt Truck got a bid of $42,600.00, the SUV $6,900.00, and the 2013 car $4,600.00. Mr. Morrison noted that those funds are put into the Capital Reserve Equipment Reserve Fund for future purchases. Upon a roll call vote: Mr. Spadaro – yes, Mr. McKenna – yes, Mr. Kase – yes, Mr. Stepanovich – yes, and Ms. Brockway – yes. Motion approved. OLD BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: Mr. McKenna made a motion to adjourn the meeting to an Executive Session. No action was anticipated coming out of the meeting. Mr. Stepanovich seconded. All those present voted aye. The meeting was adjourned to Executive Session at 7:44 p.m. vmp 7 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 15, 2021 ACTION ITEMS: None ADJOURNMENT: After the Executive Session the meeting was adjourned at 8:00 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 8