Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 15, 2023 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, November 15, 2023, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Dayne Dice, Jamie Lee Korns, Jason Lemak, Jamie Lingg, Tony Spadaro, Carl Stepanovich, and Mayor Synan. Also present were Chief Administrator, Michael Nestico, Director of Finance, Jacie Milchak, and Solicitor, Wes Long. Council member Mac McKenna was absent. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Jamie Lingg, Jamie Lee Korns, Tony Spadaro, Mac McKenna-absent, Carl Stepanovich, Dayne Dice, Jason Lemak, and Mayor Synan. PLEDGE OF ALLEGIANCE: Council President, Dayne Dice led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: None CONSENT CALENDAR ITEMS: A. Approval of November 1, 2023 Council Meeting Minutes B. Accounts Payable C. Cash Investments and Transfers Mr. Lemak asked if we had two deer removal vendors in Accounts Payable. Ms. Milchak answered that one company picks up the deer and the other vendor disposes of them. Dr. Lee Korns made a motion to approve the Consent Calendar Items. Mrs. Lingg seconded. All those present voted aye. Motion approved. MAYOR’S COMMENTS: Mayor Synan made the following announcements: Republic Services will conduct municipal-wide sweeps to collect leaf and yard waste. You must schedule a pick-up on the Curbside Leaf Collection Program Form on the Municipal website at www.murrysville.com under About Us and select Forms, Permits, & Maps. There is a 20-bag limit. The deadline to sign up is the Thursday before the pick-up date. The next pickup date is Saturday, November 18th and then Saturday, December 9th. The Municipality of Murrysville is seeking qualified applicants for the position of full-time skilled laborer within the Public Works Department. Although a CDL Class license is preferred, an applicant who does not possess the preferred license, once hired, will have 180 days to obtain a CDL Class A license with the air brake restriction removed. Applicants are required to lift 100 lbs. and have the ability to work in extreme weather conditions for long periods of time. A high school diploma or GED equivalent is required. This position also involves the availability for overtime hours, day or night. General construction, asphalt, masonry and turf maintenance skills are preferred, but not mandatory. Murrysville is also hiring a part-time administrative assistant to the Public Works Director and staff. The qualified person for this job performs a variety of routine and complex clerical, secretarial and vmp -1- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 15, 2023 administrative work in keeping official records, telephone answering, typing, word processing, and record management. This part-time position is a somewhat flexible 16-20 hour a week schedule. The quarterly Glass Recycling “Pop-Up” Event will be Saturday, December 2nd, at Veterans Field parking lot located at 4200 Sardis Road from 9:00 a.m. – 2:00 p.m. Sponsors are the Municipality and Republic Services. Residents are also encouraged to support the Loaves and Fishes Food Pantry by donating non- perishable food items. Volunteers will be at the pavilion collecting drive-thru donations during the same hours. Duff Park Bridge Closures. Please be advised that the pedestrian bridges located in Duff Park will be closed tentatively from November 20th until January 1st for repairs. If you have any questions, please call the Municipal Engineering Department at 724-327-2100 ext. 114. Santa at Sardis - A Holiday Celebration will be held Saturday, December 2nd from 1:00 – 4:00 p.m. at Sardis Park located on Rocky Hill Lane. Join us for s’mores, a bonfire, carriage rides and Santa to kick off the holiday season. Parking is limited so please carpool. For more information visit www.murrysvilleparecreation.com under Events or call 724-327-21200 ext. 131. Murrysville Recreation’s Hot Chocolate Hikes will be Saturday, December 16th at the Tomer Reserve at 10:00 a.m. Join the Recreation Department for some fun 2-3 mile hikes over the winter! These are wooded hikes with some slopes, and many require stepping over fallen trees. Please dress for the weather and plan for the terrain. Finish the hike with a cup of hot chocolate. Contact www.murrysvilleparecreation.com or 724-327-2100 ext. 131. CHIEF ADMINISTRATOR’S COMMENTS: None COMMUNITY INPUT: Mr. Dice stated that residents can speak about whatever they like as long as it is three minutes or less. Anna Sciulli, 2010 Heavens Lane: Ms. Sciulli stated that she was here to voice her concerns against fracking in Duff Park. There are several houses that surround Duff Park that have wells. She is afraid that the seismic activity could damage all these wells. Would there be some precautions so that these people would still have water? Let’s not put fracking in Duff Park. Laura Vincenti, 127 Ridge Lane: Allegheny County Council voted to allow fracking in Deer Lakes Park. A group from Duquesne University conducted water quality assessments before and during the fracking process throughout seven sites in the park. Fracking chemicals were found at the surface and below the surface. Surface chemicals are still active today. Allegheny County has subsequently banned all fracking under the public parks. It is Council’s duty to uphold the Pennsylvania Constitution, Article 1, Section 27. Ms. Vincenti stated that she is not a fan of fracking but recognizes that it is a part of our lives today. Fracking under park land is a different story. We deserve places where we can play, and walk, hike, and bike without worrying about the effect of what is going on beneath the surface. Also, in regard to the competitive bidding process, the Municipal Code states that the contract should go to a responsible bidder who, in a competitive bidding situation, is the best bid available in terms of price, product, and/or service quality and is considered responsible. Olympus has 807 violations on file with the DEP from the last 7 years alone, including 22 from the Titan Well Pad which will be used to frack under Murrysville Community Park. vmp -2- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 15, 2023 Please reject any bids from irresponsible bidders. Respect the community and take our parks off the market. Laura Lewis, 3433 Macintyre Drive: Ms. Lewis stated that she is here to talk as a mom. She has kids ages 3 and 5 and is urging Council not to lease the parks for fracking. This is where her kids play, where they walk the dog, where they go for soccer, and is what got them through the pandemic. She does not want any industrial activity in our parks. That’s not what our parks are for; certainly not with the well-documented health risks of fracking. I beg of you, for our kids, our parks are not for sale. Meredith Juchniewicz, 4715 Logan Ferry Road: She is here as a mother of a 1-year-old and a 4-year-old. Her family moved here under 3 years ago and really took their time deciding where to live. They wanted a place with a great school district, natural parks, and fell in love with Murrysville. Her sons love the playgrounds, we go hiking in Duff Park twice a week, and their favorite part is anything with water. She found it alarming that Council is considering these motions to lease the oil and mineral rights and allow extraction to happen in these parks. These spaces are meant to provide safe and healthy space for individuals and families to get exercise and recreation and be in nature and to gather together. The natural resources of our parks should not be up for sale, especially for companies that have hundreds of environmental violations. She wants her kids to spend the rest of their childhood in these parks. We all, as citizens of Murrysville, and our children deserve better than that and not be exposed to dangerous chemicals that affect our health. This doesn’t seem to align with a purpose and mission of our park no matter what the financial payouts may be. She urges Council not to put our parks in jeopardy and not accept any gas and oil leases. Karen Kozuch, 280 Jefferson Street: Ms. Kozuch stated that she agrees with the previous speakers. She is a teacher at Gateway and is proud of the fact that her students are doing environmental research projects. As an example, she went deeper into understanding what fracking is to create a google slide presentation with them. The risks are: The contamination of groundwater and surface water by toxic chemicals and wastewater; The emissions of greenhouse gasses and air pollution from the fracking process; the increased risk of earthquakes and landslides due to the underground pressure; the disruption of natural habitats and communities where we live by the noise, the traffic, the light pollution, and the infrastructure. Health risks found that children who at birth resided within two kilometers of one of these wells had nearly twice the chance of developing acute lymphoblastic leukemia – which is the most common form of childhood leukemia. Ms. Kozuch also noted other health risks associated with fracking in our water, air and land. It may seem like a lot of money, but let’s not sell out and risk our children’s health and our grandchildren. LIASONS COMMENTS AND COMMITTEE REPORTS: Mrs. Lingg: The next School Board meeting is Monday, November 20th, which is a joint meeting of the Board and Committee-of-the-Whole. Dr. Lee Korns: Pension Committee had a meeting last Thursday. She was not able to attend because of work but we are at 5.5 year-to-date return. Our Domestic US Equity was noted as being the largest driver of portfolio performance; although Real Estate was the best performing asset class for us in 2022, it was really flat this year due to rising financing costs for folks. We adjusted some of the large cap equity in the third quarter in order to harvest gains and try to generate some cash for funding the private debt contribution, which has had some strong positive returns for us this year. vmp -3- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 15, 2023 Mr. Spadaro: Medic One meets tomorrow night. Mr. Stepanovich: Parks and Recreation Foundation meets this coming Monday. There was a meeting of the Planning Commission on Tuesday. Choice Properties’ addition of a beer store at the Sunoco Station located at the intersection of Route 22 and Berlin Farm Road was discussed. It was passed to Council indicating that they should look at the parking to make sure things are fine there. There was a submission by Caliber Collision for an auto body repair center. They are also looking for the subdivision of 8.83 acres into two lots. Possible issues brough up are noise, traffic hazard, a pond (referred to as a mosquito haven), reduction of property values, and lighting pollution. The application was accepted and will be discussed at the December 12th meeting. Summerhill Phase II was discussed. It was determined by the Planning Director that 28 of the 61 units are approved from the Phase I approval. The submission was not accepted because they have to have a planning module submitted to the Plum Sewer Authority which was not done, there was information on the master plan missing, and a few other items missing. Mr. Lemak: The Library meets tomorrow evening Mr. Dice: FTMSA meets tomorrow evening also. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: None COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Approve Resolution No. 779-23, the Amended Operating Budget for the 2023 calendar year. Dr. Lee Korns made a motion to approve Resolution No. 779-23, the Amended Operating Budget for the 2023 calendar year. Mrs. Lingg seconded. Ms. Milchak stated that this is to approve what was reviewed at the last council meeting for the Operating Budget amendments. There were no amendments needed in the General Fund. The Lyons Run acid mine remediation will be funded with a grant up to $500,000. Additional repairs were needed for traffic lights preamble repairs and a light processor supported by the reduced costs of the overlay program. A brine pump sprayer had to be replaced with additional real estate tax funds received this year and will also go to support 10 police department body cameras. The last proposed amended item was for the Kovalczik Park project repairs supported by gas royalties received in 2023. All those present voted aye. Motion approved. vmp -4- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 15, 2023 13.B. Advertise Ordinance No. 1077-23, an ordinance accepting a lease for oil and gas rights for approximately 74.2925 acres of municipally owned property, Duff Park, at tax map numbers 49-14-00-0- 071 (54.918), 49-14-00-0-168 (16.5969 acres), 49-14-00-0-135 (2.548 acres), and 49-14-00-0-138 (0.2296 acres). Mr. Lemak made a motion to advertise Ordinance No. 1077-23, an ordinance accepting a lease for oil and gas rights for approximately 74.2925 acres of municipally owned property, Duff Park, at tax map numbers 49-14-00-0-071 (54.918), 49-14-00-0-168 (16.5969 acres), 49-14-00-0-135 (2.548 acres), and 49-14-00-0- 138 (0.2296 acres). Mr. Stepanovich seconded. Dr. Lee Korns abstained, as her husband represents the lessee. All others present voted aye. Motion approved - 5 aye, 1 abstention. 13.C. Advertise Ordinance No. 1082-23, an ordinance accepting a lease for oil and gas rights for approximately 305.90 acres of municipally owned property, Murrysville Community Park, at tax map numbers 49-07-00-0-066 (260 acres) and 49-11-00-0-103 (45.90 acres). Mrs. Lingg made a motion to advertise Ordinance No. 1082-23, an ordinance accepting a lease for oil and gas rights for approximately 305.90 acres of municipally owned property, Murrysville Community Park, at tax map numbers 49-07-00-0-066 (260 acres) and 49-11-00-0-103 (45.90 acres). Mr. Spadaro seconded. Dr. Lee Korns abstained. All others present voted aye. Motion approved - 5 aye, 1 abstention. 13.D. Advertise Ordinance No. 1083-23, an ordinance of the Municipality of Murrysville, Westmoreland County, Pennsylvania amending Municipality of Murrysville Ordinance No. 1025-20 regarding unacceptable sanitary sewage. Mr. Spadaro made a motion to advertise Ordinance No. 1083-23, an ordinance of the Municipality of Murrysville, Westmoreland County, Pennsylvania amending Municipality of Murrysville Ordinance No. 1025-20 regarding unacceptable sanitary sewage. Mr. Lemak seconded. Solicitor Long stated that the existing ordinance prohibits the discharge of inflow and infiltration into the public sanitary sewer system. The existing ordinance also defines unacceptable sanitary sewage as defined by FTMSA. What the ordinance doesn’t do is, it doesn’t fulfill its enabling statutory position because it doesn’t prohibit the discharge of unacceptable sanitary sewage into the sewer system. It only defines it and it only prohibits I & I. The ordinance doesn’t prohibit the discharge of other substances into the system. This came to light when the FOG Program (fats, oil, and grease) started at FTMSA. Before that program can be enforced, the enabling statute needs amended. All those present voted aye. Motion approved. 13.E. Advertise Ordinance No. 1080-23, the 2024 Tax Ordinance. Dr. Lee Korns made a motion to advertise Ordinance No. 1080-23, the 2024 Tax Ordinance. Mrs. Lingg seconded. vmp -5- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 15, 2023 Ms. Milchak stated that the Tax Ordinance is required to be approved each year prior to the adoption of the annual budget. This is to advertise that ordinance prior to it coming to the table for approval. Mr. Nestico noted that tax rates will remain the same for 2024 – no tax increase. All those present voted aye. Motion approved. 13.F. Advertise Ordinance No. 1081-23, the 2024 Salary Ordinance. Mr. Stepanovich made a motion to advertise Ordinance No. 1081-23, the 2024 Salary Ordinance. Mr. Spadaro seconded. Ms. Milchak stated that this is to advertise an ordinance that will be coming to the table in December for Council approval for the salary brackets. The brackets will remain the same as in the past. The only thing that should be noted is that the uniform police CBA has not come to a conclusion yet, so the wages right now are based on the 2023 rate. Once a final agreement is reached it will be updated. All those present voted aye. Motion approved. COMMUNITY DEVELOPMENT: 14.A. Advertise Ordinance No. 1076-23, an ordinance adding Chapter 219 to the Code of the Municipality of Murrysville to regulate short term rental units within the Municipality and establish penalties for violations. Mr. Lemak made a motion to advertise Ordinance No. 1076-23, an ordinance adding Chapter 219 to the Code of the Municipality of Murrysville to regulate short term rental units within the Municipality and establish penalties for violations. Mrs. Lingg seconded. Mr. Nestico stated that the Ordinance was amended per direction of Council to remove the restrictions regarding zoning districts, the definition of a short-term rental was updated to take away the language indicating it must be a primary residence of the owner, and lastly the maximum occupancy for overnight guests was amended from 8 to 10. Those were the three changes made to the original version. Mr. Stepanovich asked concerning not being the primary resident, can a property be owned by non- residents? Mr. Nestico answered yes. The language regarding primary residence was taken out so that it was a catchall to any property being rented out in the community on a short-term basis. That way we can uphold any enforcement under the ordinance. It broadens the scope of the ordinance to allow us to enforce anyone using their property as an AirB&B. Mr. Spadaro said that means that anyone could buy a house in Murrysville and use it as a short-term rental whether they live here or in Florida. Mr. Nestico said that is correct. If it became problematic in our community, we could certainly revise the ordinance as we see fit. vmp -6- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 15, 2023 Dr. Lee Korns stated that it is not new for businesses or companies to own a number of homes in our community and rent them. The ordinance before didn’t have any protection. Now, if the owner is out of the area, they are required to have a legal agent here within 10 miles of the property and the person’s name has to be on file. We have protection to enforce legally, if needed, with this ordinance. Mr. Lemak agreed with the protection in this ordinance. Would the responsibility of enforcement be with the Code Enforcement Officer? Do we deploy them on weekends if necessary? Mr. Nestico answered no. The Code Enforcement Officer would be primarily responsible for registration, inspection, things like that. If there was a problem over the weekend, it would be a police matter, and then ultimately turn into a code issue on the back issue. All those present voted aye. Motion approved. ENGINEERING: 15.A. Authorize staff to file a Local Share Account Grant application with the Commonwealth of Pennsylvania in the maximum amount of $1,000,000 to replace the Logan Ferry bridge. Mrs. Lingg made a motion to authorize staff to file a Local Share Account Grant application with the Commonwealth of Pennsylvania in the maximum amount of $1,000,000 to replace the Logan Ferry bridge. Dr. Lee Korns seconded. Mr. Nestico stated that the bridge replacement would be a $2.8 million project. This would help off-set some of those costs. The remaining amount, if the grant was awarded, would be funded through the Capital Improvement Program. All those present voted aye. Motion approved. 15.B. Authorize staff to file a Local Share Account Grant application with the Commonwealth of Pennsylvania in the maximum amount of $1,000,000 to replace the Old William Penn Highway bridge. Dr. Lee Korns made a motion to authorize staff to file a Local Share Account Grant application with the Commonwealth of Pennsylvania in the maximum amount of $1,000,000 to replace the Old William Penn Highway bridge. Mrs. Lingg seconded. All those present voted aye. Motion approved. PUBLIC WORKS AND PARKS: None OLD BUSINESS: Mrs. Lingg asked that if there is a requirement for Murrysville or any of the companies to monitor the contamination of surface chemicals from the fracking done here. Mr. Nestico stated that the DEP is responsible for those efforts. We get reports and violation notices. Mrs. Lingg asked that of the 22 Titan vmp -7- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, November 15, 2023 Well violations, how many of those do you know were clerical? Mr. Nestico stated that in reviewing those violations, there were several, the majority of them, that were clerical/administrative violations. Mostly related to landscaping or vegetation, not health-related matters. Mr. Stepanovich stated that it was his understanding that there had not been any citizen complaints during the construction of the Titan Well Pad. Mr. Nestico answered that during his time here he has not heard of any complaints about the activity that had been conducted at the well pads. Mrs. Lingg wanted to clarify that some of the complaints brought up were that the parks would be an industrial site, but all the mining is 2 kilometers underground and going across. There will be no industrial type of construction going on in the park. NEW BUSINESS: None EXECUTIVE SESSION: Collective Bargaining Agreement Dr. Lee Korns made a motion to adjourn to an Executive Session. Mr. Stepanovich seconded. All those present voted aye. Motion approved. There was no action anticipated coming out of the meeting. ACTION ITEMS: None ADJOURNMENT: The meeting was adjourned at 8:00 p.m. The Regular Voting Meeting was broadcast on local government Channel 21. 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-