Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 21, 2022 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 21, 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, and Mayor Synan. Also present were Chief Administrator, Michael Nestico, Community Development Director, James Morrison, Director of Finance, Jacie Milchak, and Solicitor, George Kotjarapoglus. Council members Dayne Dice, Jamie Lee Korns, and Carl Stepanovich were absent. PUBLIC HEARING CU-8-22, DNA CORPORATE OFFICE AND RETAIL CENTER MANOR AND WILSON ROAD, TAX PARCEL 49-21-00-0-087, MAJOR EXCAVATION, B-BUSINESS DISTRICT A Public Hearing was held at 7:00 p.m. for CU-8-22, DNA Corporate Office and Retail Center. A stenographer was present to record the hearing. Ray Gusty, Fahringer, McCarty, Grey, presented drawings of the major excavation site, showing where Manor Road, Wilson Road and Route 22 are located. The Phase II master plan is for an 80,000 SF office building and 36,000 SF retail center. He provided a slope stability analysis of the slope towards the Buckeye pipeline as requested by the Municipality. The slope is stable. Mrs. Lingg asked what the grade of the slope is? Mr. Gusty answered two to one; which is the maximum slope that they have. Mr. Spadaro asked for any comments or questions from Council. Hearing none, Mrs. Lingg made a motion to close the Public Hearing. Mr. Lemak seconded. All those present voted aye. Motion approved. The Public Hearing was closed at 7:06 p.m. REGULAR VOTING MEETING AGENDA PROCLAMATION FOR SOLICITOR GEORGE KOTJARAPOGLUS Mayor Synan read Proclamation No. 223-22. George Kotjarapoglus has served the Municipality of Murrysville as solicitor since 1976. He has provided expert guidance and legal advice to many elected officials and administrators during his forty-six years of service to the Municipality of Murrysville. “George K”, among many achievements as solicitor and counselor, guided the community through its transformation from a second-class township to a borough and then a first-class home rule community. He has always served with the highest degree of professionalism while maintaining the highest ethical standards of his profession. “George K” has provided these services while not forgetting Murrysville is his hometown. Now, therefore, I Regis J. Synan, Mayor of the Municipality of Murrysville, hereby proclaim December 21st, 2022, as “George K’ Day. ROLL CALL/VOTING ORDER: Jamie Lingg, Jamie Lee Korns-absent, Jason Lemak, Carl Stepanovich-absent, Dayne Dice-absent, Tony Spadaro, Mac McKenna, and Mayor Synan. PLEDGE OF ALLEGIANCE: Mr. Spadaro led the audience in the Pledge of Allegiance. vmp 1 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 21, 2022 UNISTED AMENDMENTS: Mr. Nestico noted that there were two unlisted amendments. 1. Item 14.B Hermes Gas Well Development is going to be removed from the agenda due to lack of Council member being present. This will be moved to the January 18, 2023, agenda so that the full support of Council can be here. 2. Item 19. Executive Session. There will be an Executive Session to discuss a legal contract matter. CONSENT CALENDAR ITEMS: A. Approval of December 7, 2022, Council Meeting Minutes B. Accounts Payable C. Cash Investments and Transfers Mr. Lemak made a motion to approve the Consent Calendar Items. Mr. McKenna seconded. All those present voted aye. Motion approved. MAYOR’S COMMENTS: Mayor Synan proceeded with a slide presentation for the following: Murrysville Recreation Hot Chocolate Hikes start Friday, January 6th at Roberts Trailhead Murrysville Visitors Center at 2:00 p.m. Join the Recreation Department for some fun 2-3 mile hikes over the winter. Please dress for the weather and plan for the terrain. Go to www.murrysvilleparecreation.com or call 724- 327-2100 x131 for more information. Christmas Tree-cycling: Westmoreland Cleanways and Recycling encourages everyone to recycle their live Christmas trees by taking it to one of the many drop-off sites located throughout Westmoreland County. There is no cost; however, the Murrysville-Export Rotary collects donations to fund their own projects at the site they host. All locations require that trees are completely bare of ALL decorations and lights when dropped off. This includes any tree bags or wrappings used to transport the tree. Murrysville location is at the Windstream parking lot near Giant Eagle. Collections will be January 7 and 14, from 9:00 a.m. – 1:00 p.m. Mayor Synan wishes everyone a Merry Christmas, Happy Hanukkah, Happy Holidays!! The Canadians are going to send us some really cold air this weekend, dangerously cold. There will be high winds and possible power outages. If you do have to go out, take extra clothes and a blanket with you. If you don’t have to go out – don’t! Some fire department warnings: Don’t use any generator indoors if your power is out. It can cause carbon monoxide. Do not close the damper on your fireplace when you go to bed if there are still hot ashes. It too can cause carbon monoxide. Do not leave animals outside. CHIEF ADMINISTRATOR’S COMMENTS: None COMMUNITY INPUT: Mr. Spadaro stated that people from the community can now say whatever they’d like as long as it is less than three minutes. Gary English, 4472 Kilmer Court: There are signs all over Murrysville. The Murrysville Police said that they don’t deal with that. He ran into the Code Enforcement Officer who said that he has a trunk load of vmp 2 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 21, 2022 campaign signs in his trunk. There is a sign on Cline Hollow Road that has sat there for a year. On Route 22 is a Specialty Blinds sign posted along with signs to buy puppies. At the corner of Route 22 and Trafford Road is an illegal sign. Title 36, Section 425 of the PA Highway Code stated that it is unlawful to post any sign, banner, or placard on or across any state road or state road right-of-way without the expressed written consent from PennDOT. Mr. English stated that he checked with PennDOT, and no one has ever gotten written permission, and that includes political signs as well. There is another law on the books which is a $300 fine for littering. Collect $300 for each illegal sign – we could roll back taxes if you would enforce the law. Make it a Municipal law because not every road in Murrysville is a state road and have a zero tolerance like Churchill Borough has. Deb Bucciero, 4974 Cline Hollow Road: Ms. Bucciero stated that she has lived here for 40 years and would like to know why we need an amphitheater in Murrysville. Jason Bauer, 2925 Bryer Ridge Court: Mr. Bauer wanted to thank Council for their service. He is a transplant of McKeesport and is here in favor or the amphitheater. He grew up in McKeesport for 20 years and one of the things that has remained and been the center of the community is the amphitheater. Over the last couple of years, they have allowed people to come with food trucks and every Sunday in the summertime, they would have a live band. That is one of the things that has kept McKeesport alive and kicking. He would love to see that here in the community. LIASONS COMMENTS AND COMMITTEE REPORTS: Mr. McKenna: Nothing new from Parks and Recreation. Mr. McKenna wanted to thank Public Works for keeping the parks in great shape and thank Parks and Recreation for their great job on their programs all year. Mr. McKenna stated that he will be reading the recommendation for the amphitheater coming from the Parks and Recreation Foundation at the January 18th meeting. Mrs. Lingg: Franklin Regional School Board will have a joint meeting of the Board Meeting and Committee- of-the-Whole on January 23rd. Mr. Lemak: Mr. Lemak stated that he missed the meeting, but noted that the Murrysville Community Library Teen Advisory Board meets January 10th at 5:00 p.m. The Teen Writing Club meets that same evening from 6:00 – 7:00 p.m. Anyone who wants to attend can sign up on the website. Mr. Spadaro: Medic One met this past week. They discussed the budget that is coming up, which is around $3 million. They had 1,343 trips in November; 167 were Washington Township, 259 were wheelchair transports. About 31% of the residents have participated in the subscription drive, which came to around $204,981. There have been a lot of traffic accidents on Route 22. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: None COMMUNITY DEVELOPMENT: None vmp 3 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 21, 2022 PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider adoption of Ordinance No. 1065-22, the 2023 Tax Ordinance, setting the tax rate for the calendar year 2023 Mr. McKenna made a motion to approve Ordinance No. 1065-22, the 2023 Tax Ordinance, setting the tax rate for the calendar year 2023. Mrs. Lingg seconded. Ms. Milchak stated that this is the same millage we had in the past year and the allocations stay the same as in past years. The Tax Ordinance is required to be approved each year prior to the adoption of the Annual Operating Budget. All those present voted aye. Motion approved. 13.B. Consider adoption of Ordinance No. 1066-22, the 2023 Salary Ordinance, establishing compensation and salary ranges for the 2023 calendar year Mrs. Lingg made a motion to approve Ordinance No. 1066-22, the 2023 Salary Ordinance, establishing compensation and salary ranges for the 2023 calendar year. Mr. McKenna seconded. Ms. Milchak stated that this ordinance is required to be passed annually for adoption. Al those present voted aye. Motion approved. 13.C. Consider approval of Resolution No. 765-22, the Operating Budget for the 2023 calendar year Mr. Lemak made a motion to approve Resolution No. 765-22, the Operating Budget for the 2023 calendar year. Mr. McKenna seconded. Ms. Milchak stated that this is the resolution to pass the Operating Budget which was discussed at the November 2nd meeting and the November 16th meeting. There were no requests for any changes to the original document. Mrs. Lingg asked if the adoption of the municipal budget gives approval for projects that are not yet voted on, specifically the amphitheater project. Mr. Kotjarapoglus answered that it does not award any contracts to perform that project. That would still have to come to Council. All those present voted aye. Motion approved. 13.D. Consider approval of Resolution No. 768-22, a resolution authorizing the transfer of a restaurant liquor license #R-12376 into the Municipality of Murrysville for First Watch Restaurants, Inc. vmp 4 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 21, 2022 Mr. McKenna made a motion approve Resolution No. 768-22, a resolution authorizing the transfer of a restaurant liquor license #R-12376 into the Municipality of Murrysville for First Watch Restaurants, Inc. Mrs. Lingg seconded. All those present voted aye. Motion approved. 13.E. Consider approval of Resolution No. 769-22, authorizing, empowering, and directing the proper officers of the governing board to appoint a liaison between it and Berkheimer for the express purpose of sharing confidential tax information with the district for official purposes. Mr. Lemak made a motion to approve Resolution No. 769-22, authorizing, empowering, and directing the proper officers of the governing board to appoint a liaison between it and Berkheimer for the express purpose of sharing confidential tax information with the district for official purposes. Mrs. Lingg seconded. Mr. Nestico stated that this resolution acknowledges the Chief Administrator as a liaison between Berkheimer and the Municipality, in addition to the Finance Director. All those present voted aye. Motion approved. COMMUNITY DEVELOPMENT: 14.A. Discussion concerning a major land development application, SP-4/CU-8-22, DNA Corporate Office and Retail Center, Manor and Wilson Road, Tax Parcel 49-21-00-0-087, for construction of an 80,000 SF Office Building and a 36,000 SF retail center, Wilson and Manor Road, Tax Parcel 49-21-00-0-087, zoned B- Business. Mr. Nestico noted that this should have been under Workshop Items. This will be a discussion amongst Council regarding the DNA Corporate Office and Retail Center. Mr. Morrison stated that this is Phase II of the master plan that was approved by Council on May 17, 2019. The plan is for an 80,000 SF office building and a 36,000 SF retail center and supporting infrastructure. This was presented to the Planning Commission, and they made a recommendation for approval with conditions that were attached to the briefing. Tonight, we have a representative for the developer and the Traffic Engineer for the Municipality. The major impact of this development would be on Wilson Road and Manor Road. Mr. McKenna stated that the only question before was the line of sight which would be taken care of in the recommendation of the conditions to have that intersection adjusted. Mr. Joshua Haydo, Traffic Engineer, Wooster & Associates, stated that the situation referred to was improvements to sight-line at Wilson Road and Manor Road, which has been resolved. A drawing was shown illustrating the lengthening of the left turning lane coming off Manor Road east onto Route 22. They are installing a new left turn lane in the opposite direction on Manor Road onto Wilson Road and will be implementing a traffic signal at that intersection. vmp 5 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 21, 2022 Mr. Morrison stated that the Planning Commission recommended that there be a left turning lane on Wilson Road into the proposed development. At this point, the traffic study done by Wooster does not warrant that left hand turn. There needs to be some consideration by Council as to whether to accept that recommendation from the Planning Commission at this point of the development or make a condition or agreement with the developer if warranted at a future phase of the development. Mr. Haydo stated that in the approved study by PennDOT, the developer did commit to a turning lane if warranted down the road, not yet in this phase. Mrs. Lingg asked how many parking spots were in the development. Mr. Gusty answered that there were about 800 parking spots. Around 500 for the DNA office and 250+ for the retail. The numbers are on the site plan that he doesn’t have right now. Mr. Kotjarapoglus asked if there will be sufficient right-of-way for putting in a third lane on Wilson Road if needed in the future. Mr. Haydo stated that he did not know, but with the developer owning property on both sides of the street, he does not believe there would be an issue. Mr. Kotjarapoglus asked if would be possible to log that right-of-way in now on the construction and postpone until later if needed? Mr. Haydo stated that he didn’t want to volunteer on behalf of his client to do that, but it certainly can be done. Mr. Spadaro asked if the traffic light has been approved by PennDOT. Mr. Haydo answered yes. Mr. Mudry, Traffic Planning & Design, Consultant, stated that the Planning Commission had brought up the question as to when the turning lane would be warranted, which would be when the whole thing is built out. Because it would be an on-site improvement, the municipality can require on-site improvements whether they are warranted or not. The municipality can require it now or just get the right-of-way locked up now and defer it every time they come back with a building phase and see if it is warranted at that point. Mr. Mudry stated that as a Traffic Engineer, he would suggest that Council do that. If they decide to defer, to have a condition to lock up or dedicate some sort of right-of-way for down the road just in case the developer would decide to sell and deal with new people in the future. Mr. Haydo wanted to add for consideration that the developer has already made considerable improvements with the turning lanes and traffic signal which will cost around $800,000. The additional turning lane will represent a significant cost of around $300,000-$400,000. Please bear that in mind when making your decision to require it or not. Mr. Morrison noted that this will be on the January 18th agenda for consideration of approval. 14.B. Consider approval of SP-3/CU-4-22, Hermes Gas Well Development, Tax Parcel 49-02-00-0-001, 5476 Logan Ferry Road, Oil and Gas Overlay District for the development of an unconventional gas well. ENGINEERING: None PUBLIC WORKS AND PARKS: None vmp 6 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 21, 2022 OLD BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: Mr. McKenna made a motion to adjourn to an Executive Session at 7:49 p.m. Mrs. Lingg seconded. All those present voted aye. Motion approved. Mr. Nestico noted that there will be no action coming from the session. ACTION ITEMS: None ADJOURNMENT: 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 7