Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 7, 2022 Council of the Municipality of Murrysville held a Regular Voting Meeting and Public Hearings on Wednesday, December 7, 2022, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Jason Lemak, Jamie Lingg, Mac McKenna, Tony Spadaro, Carl Stepanovich, and Mayor Synan. Also, present were Chief Administrator, Michael Nestico, Community Development Director, James Morrison, Director of Finance, Jacie Milchak, Director of Parks and Recreation, Carly Greene, Director of Public Works, Bill Paiano, and Solicitor George Kotjarapoglus. Council member Jamie Lee Korns excused herself from the Hermes Well Public Hearing and did not return. Council President Dayne Dice was absent. PUBLIC HEARING FOR A LIQUOR LICENSE TRANSFER FOR FIRST WATCH RESTAURANT, INC. A Public Hearing was held at 7:00 p.m. for a liquor license transfer for First Watch Restaurant, Inc. Christine Pamala, Director of Operations that oversees three of the First Watch Restaurants in the Greater Pittsburgh area spoke on behalf of First Watch. First Watch is a breakfast, brunch, and lunch restaurant. They open at 7:00 a.m. and close at 2:30 p.m. If they are approved to have alcohol on the premises, they will only be 6 signature cocktails which will be pre-made in the kitchen by their line cooks. All of the house team- members and back-up team members will be required to complete a Serve Safe Alcohol Program. Hours will not be extended, and this location will not have a bar. Mr. Lemak asked if there were any nearby First Watch Restaurants that do have a liquor license. Ms. Pamala answered yes, at their Century III location in Baldwin and when the South Hills location opens in January, that restaurant will have a bar. The Public Hearing was closed at 7:05 p.m. PUBLIC HEARING CONCERNING CU-4-22, HERMES GAS WELL DEVELOPMENT A PROPOSED UNCONVENTIONAL OIL AND GAS WELL, TAX PARCEL 49-02-00-0-001 5476 LOGAN FERRY ROAD, R-R ZONING, OIL AND GAS OVERLAY DISTRICT A Public Hearing was held at 7:05 p.m. concerning CU-4-22, Hermes Gas Well Development. A stenographer was present to record the hearing and swore in anyone wanting to give testimony. Mr. Bill Sittig was there to represent the Municipality. Dr. Lee Korns noted that she will be excusing herself from the proceedings because her husband has taken a job with Babst Calland who represents one of the parties. Blane Lukas with the Law Firm Babst Calland is legal counsel to the applicant, Olympus Energy, LLC. The hearing tonight is Olympus Conditional Use Application for the Hermes Well Pad. Oil and gas drilling is authorized as a conditional use in the oil and gas recovery overlay district, in which this property is located. Olympus intends to drill 8 wells over the course of two trips. There may be additional wells in the future, but they would have to come back to Council for approval of those. Olympus is requesting a Conditional Use with the major excavation grading that would take place in conjunction with this. The Planning Commission reviewed this over a several month period with substantial dialogue between representatives of Olympus and its consultants and the municipal staff and consultants for the municipality. The Planning vmp -1- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 7, 2022 Commission recommended approval of the conditional use and the related land development, along with two related waivers for landscaping and the sound ordinance, subject to 25 conditions with sub-parts. There are a number of presenters here this evening. Tim Fitchett, Fair Shake Environmental Legal Services, represents Protect PT, which is a non-profit organization that works to protect the interests of citizens in Westmoreland County and Allegheny County surrounding oil and gas development. Toni Ash, 3785 Sardis Road, Plum Borough, marked on the map where she lives in comparison to the well site, which is Exhibit I. Her property is adjacent to the site and is the nearest property to the site. Ms. Ash is 1,317 feet from the border of the site. Mr. Morrison, Municipality of Murrysville, stated that the application was submitted by Olympus for Land Development and Conditional Use. Tonight’s hearing is for Conditional Use. The application was received in June, 2022. It went before the Planning Commission in July, August, and November. At the November meeting, the Planning Commission reviewed the material and made a recommendation, which was forwarded to Murrysville Council. The hearing was advertised, and the property was posted. Mr. Lukas submitted several documents to be include into the record along with updated exhibits. Ryan Dailey, Project Manager with Civil and Environmental Consultants, stated that they did the site design and the environmental permitting associated with the site. An overview map was shown of the site and shows the full property and the proposed location of the well pad. The property is zoned R-R District, as well as the oil and gas Overlay District. It is owned by the Larry Mills family who executed a Cooperation of Surface Use Agreement with Olympus. Total parcel size is 147 acres. The property is split between Murrysville and Plum Borough. The proposed well pad and access road are located entirely within the Municipality of Murrysville. The access road will come off Logan Ferry Road. The drawing shows the applicable setback requirements under the Municipality Zoning Ordinance, which is 750 feet back from a protective structure. The nearest protected structure is 1,200 feet to the northeast. All temporary and permanent structures, equipment and materials must be located more than 350 feet from protective structures. There are no protective structures within 350 feet of the well pad or the access road. Activities must be 300 feet from recreation areas. The closest recreation area is over 6,000 feet away. Mr. Dailey showed drawings of the two proposed updated haul routes, one coming from the south from Route 22 and the other from the north and east along Route 380. Olympus is proposing several improvements along the haul routes. Olympus has a variety of stormwater best management practices proposed. A rain garden south of the entrance, two BMPs located along the main portion of the access road, and a wet pond proposed below the well pad. All those features are included in the ENS permits currently under review with the PADEP and have been reviewed by the municipal engineer. Security will be at the site 24 hours during active operations on the pad. When they go into the full production stage, there will be permanent chain-link fencing around the entire perimeter of the well pad, as well as around the stormwater BMPs. There will also be a locked gate at the access road entrance. Emergency responders will be given access to that gate. vmp -2- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 7, 2022 When there are active operations on the well pad, there will be a requirement to have temporary light plants on site, which will be pointed downward and inward to the site. When they go into the final production stage, there is no permanent lighting on a regular basis. Mr. Dailey then showed a revised drawing of the landscaping plan. They are requesting a modification to the landscaping requirements due to the topography and existing vegetation on the site. The site is naturally screened from the south and west by existing forest vegetation, as well as topography. Landscaping will be done on the east and the north side of the well pad. They are proposing 108 trees and 307 shrubs. There will be 4 species of trees: Red Maple, White Oak, White Pine, and American Holly. There will also be 4 species of shrubs. Olympus, as one of the conditions noted in the Planning Commission approval, is committed to making a donation of $41,500 to be used for landscaping in the Murrysville Community Park. Mr. Dailey stated that, assuming all approvals would be in place, Olympus intends to begin construction this coming spring/summer of 2023. The first trip of drilling would occur later in the year, around December and lasting through February of 2024. Completion of operations will begin right after that through April 2024 with a production date of August 2024. The second trip is currently scheduled for March 2025. Mr. Stepanovich noted that this was discussed extensively by the Planning Commission, and they were satisfied with the waivers. Mr. Fitchett asked if the species being planted at the site were native species. Mr. Dailey stated he did not know, but the plan was prepared by a registered landscape architect. Mr. Fitchett asked if it was insured that if any plants died, they would be replaced? Mr. Dailey answered yes that Olympus is required by the Municipality to maintain all the landscaping that is proposed. Mr. Dailey stated that the rest of the site would be stabilized in accordance with the DEP requirements. Mr. Fitchett asked if the building that is part of the farm to the north, is occupied. Mr. Dailey stated that he did not know. Mr. Fitchett asked if the land that the well pad is on is under lease. Mr. Dailey answered that he assumes so but is not 100% sure. Mr. Fitchett asked if there are any associated facilities with this well pad in Plum. Mr. Dailey stated Olympus Energy subsidiary Hyperion Midstream currently does have a Conditional Use and Land Development application under review with Plum for an interconnect facility. Mrs. Lingg asked if Olympus is required to notify all of the adjacent landowners whose property borders the well. Mr. Dailey answered that when Olympus files for their drill permits, they will be required to send notification to all landowners within a certain radius of the well pad. Keith Miller, Civil Designer with Stahl Schaeffer Engineering, conducted a Traffic Impact Study for the Hermes Well Pad. Completion activity (the fracturing) will generate the highest volume of traffic of all the stages in the process. This was used for the purposes of the study and the impact it would have on the roadway system. Vehicle volume is assumed to be eleven entering trips and eleven existing trips during peak hours. Five of those would be typical truck or passenger cars, three heavy vehicles carrying recycled water, and three heavy vehicle sand trucks. During drilling and pad construction, those numbers would be substantially less. The overall conclusion of the impact that Olympus’ vehicle activity would have on the vmp -3- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 7, 2022 roadway system is that there would be no significant lasting impact on the existing traffic conditions. Olympus will bear the cost of $500,000 expected for improvements and reconstruction of the roads at the site along with installation of a traffic signal. Mr. Stepanovich asked if the water and sand trucks will be running when school buses are in route. Mr. Manny Johnson, Vice President of Operations, stated that they work with the school district so that sections of Logan Ferry and township roads will institute “blackout hours” where they do not run against the school buses. Mr. Fitchett asked if the Traffic Impact Study took into account the sand trucks and water trucks. Mr. Miller answered yes. Mr. Fitchett asked if the water piping that is to go through Plum to feed the well pad, would take a lot of the trucks off of the road. Mr. Miller answered yes, it would be piping the water. Mr. Blane noted that is one of the proposed conditions of approval, that fresh water must be piped to the site. Tage Rosendahl, Acoustical Control, Regional Manager, stated that he was retained by Olympus to undertake an Ambient Study and Sound Impact Assessment in regard to the Hermes Well Pad. The average sound level from a 72-hour period was 48.51 dBA. The Municipal Sound Ordinance allows 50 dBA daytime noise limit and 45 dBA evening/nighttime noise limit. Olympus is committed to building a 32-foot sound barrier wall and is requesting a waiver to permit these exceedances. Mr. Lukas had suggested that the Municipality take a look at the Noise Ordinance requirements, that they may need to be updated. Mr. Rosendahl stated that the Murrysville Ordinance is about as restrictive as it gets. The average locally is around 55-60 dBA with a 10 dBA allowable. Mr. Fitchett asked if 32-foot sound walls are being proposed? Mr. Rosendahl answered yes. Mr. Fitchett asked if earth moving activity was taken into account? Mr. Rosendahl answered that construction is not part of the requirement by ordinance. Mr. Fitchett stated that none of the studies took any account of the trucks coming and leaving the site because they are transient. Mr. Rosendahl stated that was correct. Mr. Fitchett asked if the Sound Impact Assessment was solely averages at the receivers. Mr. Rosendahl answered yes. Mr. Fitchett asked if any earth-born vibrations were done by the company. Mr. Rosendahl answered no, that’s different from ambient and sound. Gillian Graber, Executive Director of Protect PT, has done work around other well sites in Westmoreland County and Allegheny County. Truck noise is a consistent complaint from residents. Protect PT has a noise study program developed by an expert in the field of noise that they utilize to study noise around well sites. Noise from trucks going in and out of well sites is very loud with high dBA levels. Mr. Lukas, in summary, stated that Olympus meets all of the expressed standards of the Municipality’s ordinances. Olympus has agreed to a set of 25 conditions with multiple sub-parts based on the Planning Commission’s recommendations which, in many instances, go beyond what they are legally obligated to do. Mr. Blane went through a list of the key conditions and the waivers requested. Mr. Fitchett stated that they feel this should be denied. Protect PT has an interest in this not being approved. It doesn’t comply with the explicit conditions of the Zoning Ordinance 220-30. D. It requires that vmp -4- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 7, 2022 they show that there is no vibration, noise, fumes, light or pollution that would be objectionable. This has not been testified to in any way. There may be issues with the setback waivers. The farm buildings fall under the definition of a protected structure which is not eligible for a waiver under Murrysville’s existing setback ordinance. The sound and noise ordinances should be complied with. They do affect neighboring homeowners. The truck traffic, which is a major concern to folks in the area, has not be taken into account in the Sound Impact Analysis. Mr. Stepanovich moved to close the Public Hearing and to have a decision rendered at the next Council meeting on December 21st. Mr. Lemak seconded. All present voted aye. Motion approved. The Public Hearing was closed at 9:25 p.m. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Tony Spadaro, Jason Lemak, Jamie Lee Korns-absent, Mac McKenna, Jamie Lingg, Dayne Dice-absent, Carl Stepanovich, and Mayor Synan. PLEDGE OF ALLEGIANCE: Mr. Spadaro led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: None CONSENT CALENDAR ITEMS: 4.A. Approval of November 16, 2022, Council Meeting Minutes. Mr. Lemak made a motion to approve the November 16, 2022 Minutes. Mrs. Lingg seconded. All those present voted aye. Motion approved. MAYOR’S COMMENTS: Mayor Synan stated that everyone needs to remember December 7, 1941, a day that lives in infamy. Remember the attack on Pearl Harbor and all who were lost on that day. We need to be thankful every day for our Veterans. Murrysville and Hempfield Parks & Recreation are sponsoring a bus trip to People’s Gas Holiday Market on Wednesday, December 14th. Stop 1 is at Hempfield Park at 9:00 a.m. Stop 2 is at Murrysville Shoppes at 9:30 a.m. Cost is $35 per person. Bus will leave the Market at 3:00 p.m. Light snacks will be provided. Register online at www.murrysvilleparecreation.com, by mail, or in person at the Municipal Building. Murrysville Recreation Department Gift Wrap Party! Thursday, December 15th at 6:30 pm at the Murrysville Community Center. Wrap all your gifts away from your children’s prying eyes. Share and swap wrapping paper and supplies. Register at www.murrysvilleparecreation.com or call 724-327-2100 x131. Glass Recycling Collection Event is Saturday, December 10th at Veterans Field parking lot, 4200 Sardis Road, from 9:00 am – 2:00 pm. Residents are also encouraged to support the Loaves and Fishes Emergency Food Pantry by donating non-perishable food items. vmp -5- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 7, 2022 Murrysville Recreation’s Hot Chocolate Hikes. Join the Recreation Department for some fun 2-3 mile hikes over the winter. They will be held Saturday, December 17th at McGinnis Reserve starting at 10:00 a.m. and Friday, January 6th at Roberts Trailhead Murrysville Visitor’s Center at 2:00 p.m. Please dress for the weather and plan for the terrain. Finish the hike with a cup of hot chocolate! CHIEF ADMINISTRATOR’S COMMENTS: Mr. Nestico stated that Council is asked to remove item 13.C. from the agenda. It will be more appropriate to be approved or considered by Council on December 21st. The Salary and Tax Ordinances must be advertised first before approving the budget. The sound and noise ordinance requirements are being examined. Staff did receive one proposal and will be asking Council for consideration of whether they would like to explore other proposals to modify and update our sound ordinance. COMMUNITY INPUT: Mr. Spadaro stated that residents can now speak for a limit of 3 minutes. Carol Holland, 3380 Sardis Road: Ms. Holland stated that she was here to speak about the budget that was to be voted on this evening, specifically about the amphitheater. She wrote to Council about a month ago and her concerns of the increase from $600,000 to $1.86 million. Mr. Nestico wrote back with a comprehensive regression on how the costs have progressed. She understands that there is another $113,000 to be added to it in this budget for 2023. Can Council review this and consider scaling it back some, given the inflationary period we are in, so that we don’t have to increase taxes. There have been some projects that have been deferred. We should take care of what we need before we take care of what we want. An amphitheater would be nice, but is it necessary? Jeannette Pavlick, 4200 Colonial Drive: Ms. Pavlick stated that she had some questions about the amphitheater. Is it in the budget? If it is, are the questions that were brought up at the last meeting going to answered before any more money is spent on the amphitheater? Mr. Stepanovich stated that a summary is being prepared by the Parks and Recreation Department. Mr. Nestico noted that Mr. McKenna will be speaking regarding the Parks and Recreation Commission recommendation. Due to the absence of the Council President, it was suggested that all concerns regarding the amphitheater will be addressed and discussed at the second meeting in January. Ms. Pavlick continued that Wiestertown Road is in need of a lot of work if that many people will be using that road. Is that another expense? Also, think about the other businesses in the area that have entertainment. Is this taking away from their business? Lawrence Keller, 3907 Bridgewood Circle: Mr. Keller stated that he sat on Council for 8 years. During that time, Murrysville Community Park was purchased from the Cline family. The Cline family had hoped that their farm would continue in use as the kind of rural residential facility that characterized what Murrysville residents wanted at that time. When MCP was purchased, we made certain stipulations to the neighbors in order to get their buy in. One was that there wouldn’t be any lights. Another was that there would be only noise from the cheering at athletic events. It would not interrupt their rural residential character. Councils can change the will of previous Councils with no problem at all, but in his Letter to the Editor he wrote that this project is coming up with about 3mil of taxes at a time when the population is stressed with inflationary pressures. Your first obligation is the safety of the community and safety does involve the vmp -6- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 7, 2022 capacity of roads. He has not heard yet what the true capacity of the amphitheater is. Mr. Keller stated that he is asking, as a previous member of Council, to look at this and put some good project management skills to this thing. What are the objectives? How are you going to know that you meet them? How do you get there and how much is it going to cost? How are you going to finance it? A public hearing of what’s going on and how much is it going to cost in a real inserted orderly planned fashion is needed. LIAISON COMMENTS AND COMMITTEE REPORTS: Mr. McKenna: The Parks and Recreation Board has met extensively and looked very closely at every aspect from the infancy planning stages through the budgeting of the amphitheater. Many questions have been asked about the amphitheater, the budget of it, the design of it, and the impact that it will have are still on- going and under consideration. There will be a discussion at the January 18th meeting where the Parks and Recreation’s full recommendation will be read. The first meeting in January (January 2nd) is the re- organization meeting and we didn’t want to do the discussion then. In the meantime, there are no projects happening at the amphitheater between now and then due to winter. Everything is on hold until this is all discussed and decided. Last week was Santa at Sardis. Unfortunately, there was rain for two days prior to that. Thank you to Bill Paiano and Public Works for putting the firewood together, which Sardis Fire Department is going to use for training since the field was too wet for the bonfire. Carly Greene and her team moved Santa over to the firehall so that he could visit with all the kids that were there. Mrs. Lingg: The School Board met Monday, December 5th for the regular Board Meeting and the Committee-of-the Whole. Citizens are looking to limit any tax increase for the 23-24 fiscal year to the District’s Act One Index of 4.1% which equates to about 4.36 mils and still projecting a $500,000 deficit and are looking to use the unassigned fund balance to help cover it. The next meeting is in January 9th. Mr. Spadaro: Medic One meets December 15th. Mr. Stepanovich: The Planning Commission meets next Tuesday, and the Parks and Recreation Foundation meets on December 15th. Mr. Lemak: The Library met last Thursday. They would like to thank the community for all their support during their Centennial year. They are still looking for a board member. They currently have three candidates and will be reviewing those soon. This past Monday, he and the Mayor attended the Jingles & Gingerbread program which was very well attended and got great reviews. The AAUW Program is tomorrow at 10 a.m. Dog Reading Pals is Friday, December 9th from 4:00 – 5:00 p.m. The Teen Advisory Board meets December 13th from 5:00 – 6:00 p.m. The Teen Writing Club meets December 13th from 6:00 – 7:00 p.m. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: None COMMUNITY DEVELOPMENT: vmp -7- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 7, 2022 11.A. Fusting Executive Park Mr. Morrison stated that this will be on the December 21st agenda. PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider authorization to advertise Ordinance No. 1065-22, the 2023 Tax Ordinance, setting the tax rate for the Calendar Year 2023 Mr. Lemak made a motion to authorize advertising of Ordinance No. 1065-22, the 2023 Tax Ordinance, setting the tax rate for the Calendar Year 2023. Mr. McKenna seconded the motion. Ms. Milchak stated that this ordinance is required to be advertised and approved prior to the adoption of the budget that will take place at the next meeting. The tax rate is staying the same as 2022 and the allocation of the taxes is also remaining the same for all of the funds that are currently in the budget. All those present voted aye. Motion approved. 13.B. Consider authorization to advertise Ordinance No. 1066-22, the 2023 Salary Ordinance, establishing compensation and salary ranges for the 2023 Calendar Year Mr. McKenna made a motion to authorize advertising of Ordinance No. 1066-22, the 2023 Salary Ordinance, establishing compensation and salary ranges for the 2023 Calendar Year. Mr. Stepanovich seconded. Ms. Milchak stated that this ordinance is required to be advertised before it goes for a motion for approval. The Salary Ordinance establishes the salary ranges and the number of positions available for municipal employees. Overall, the salary budget reflects the 8.7 cost of living increase that was set forth by the Social Security Administration for 2023. Mr. Nestico noted that there was one salary for the Finance Director position that was omitted from the document and was added in. The Community Development Director position will be a part-time hourly position, not a salary position. Mr. Morrison will fill that role on an hourly basis. Hours per week are estimated to be between 16-24 hours. All those present voted aye. Motion approved. 13.C. Consider approval of Resolution No. 765-22, the Operating Budget for the 2023 Calendar Year COMMUNITY DEVELOPMENT: None vmp -8- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 7, 2022 ENGINEERING: 15.A. Consider approval of Resolution No. 767-22, authorizing staff to file a Department of Community & Economic Development application with the Commonwealth of Pennsylvania to complete four stormwater basin retrofits at the Fair Oaks basin, Mallard Landing basin, Bartlett Court basin, and Les Chateaux basin in the amount of $212,950.00 and commit a matching share of funds in the amount of $31,942.50 Mr. Stepanovich made a motion to approve Resolution No. 767-22, authorizing staff to file a Department of Community & Economic Development application with the Commonwealth of Pennsylvania to complete four stormwater basin retrofits at the Fair Oaks basin, Mallard Landing basin, Bartlett Court basin, and Les Chateaux basin in the amount of $212,950.00 and commit a matching share of funds in the amount of $31,942.50. Mr. Lemak seconded. Mr. Nestico that that he would like to submit a grant application to the DCED to do these repairs. There is a 15% match so the amount contemplated has been budgeted for the 2023 calendar year. All those present voted aye. Motion approved. PUBLIC WORKS AND PARKS: 16.A. Consider awarding bids for the sale of used municipal vehicles and garage doors Mr. McKenna made a motion to award bids for the sale of used municipal vehicles and garage doors. Mrs. Lingg seconded. Mr. Paiano stated that he is asking Council to award the bids for used municipal vehicles and building material that we had on auction. We did very well and brought in a revenue of $94,116.00. All those present voted aye. Motion approved. OLD BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: None ACTION ITEMS: None ADJOURNMENT: Mr. Stepanovich made a motion to adjourn the meeting. Mrs. Lingg seconded. All those present voted aye. The meeting was adjourned at 10:05 p.m. vmp -9- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday December 7, 2022 The Regular Voting Meeting and Public Hearings 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 - 10 -