Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 3, 2024 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, April 3, 2024, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Dayne Dice, Eli Diacopoulos, Jason Lemak, Jamie Lingg, Mac McKenna, Matthew Olszewski, Carl Stepanovich, and Mayor Synan. Also, present were Chief Administrator, Michael Nestico, Community Development Director, James Morrison, and Solicitor, Wes Long. PLEDGE OF ALLEGIANCE: Council President, Dayne Dice led the audience in the Pledge of Allegiance. BOY SCOUT PRESENTATION TROOP #205 Mayor Synan presented Meritorious Citations to the following in recognition of successfully attaining the rank of Eagle Scout. This achievement demonstrates your diligence, dependability, and loyalty to the Scouting program. Carry the pride you feel today and with you always. Congratulations, you are prepared for life. Alex Kuzmkowski - Gaga ball pit at Murrysville Community Park Thomas Salata - Improvements to Murrysville, Olive, Sardis, Hills Church, and Hankey Church cemeteries Nathan Kuzmkowski - Built storage crates for the Pinewood Derby equipment Roman Colangelo – Built a Kiosk on the Westmoreland Heritage Trail Nathan Snyder - Gaga ball pit at Kovalczik Park Anthony Poole – Created a prayer space at Mother of Sorrows Parish live streaming and painted the room State Representative, Jill Cooper, read and presented the Eagle Scouts with a Citation from the House of Representatives. The Citation will be in the archives at the Capital for generations to come. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Mac McKenna, Jamie Lingg, Matthew Olszewski, Carl Stepanovich, Eli Diacopoulos, Jason Lemak, Dayne Dice, and Mayor Synan. UNISTED AMENDMENTS: Mr. Nestico stated that 14.B. Reapproval of the Preliminary/Final Lot Revision Plan for Delmont Builders Supply, Inc. and Delmont Industrial Drive, LLC. was advertised but may not be on the agenda and will need added. CONSENT CALENDAR ITEMS: A. Approval of March 19, 2024 Council Meeting Minutes. Mr. Lemak made a motion to approve the March 19, 2024 Council Meeting Minutes. Mr. Stepanovich seconded. All those present voted aye. Motion approved. MAYOR’S COMMENTS: Mayor Synan made the following announcements: vmp -1- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 3, 2024 State Representative Jill Cooper invites you to a REAL ID Assistance Clinic on Thursday, April 4th from 5-7 p.m. at the Lamplighter Restaurant in Delmont. Registration is encouraged but not required. Call 724-387- 9113 to register or if you have any questions. Joey Gombosh Fishing Derby will be Saturday, April 6th from 8 a.m. – 4 p.m. at Townsend Park for children up to age 15. This is in honor of Joey Gombosh. Solar Eclipse Viewing Party. Watch the eclipse with the Murrysville Community Library and the Recreation Department at Field #2 at the Murrysville Community Park, 4056 Wiestertown Road on Monday, April 8th from 2:30 p.m. – 3:30 p.m. Eclipse glasses will be on-site (1 pair per family). Do not view the eclipse without wearing glasses. Registration is not required. Murrysville Clean-Up Week will be April 15th through April 20th at the Pleasant Valley Landfill. Murrysville residents may take items to the Valley Landfill on Pleasant Valley Road April 15-19 from 6:00 a.m. to 3:00 p.m. and on Saturday, April 20 from 7:00 a.m. to 11:00 a.m. Permit passes are available at the Reception Desk, 4100 Sardis Road. The 26th Annual Blessing of the Bikes will be Sunday, April 21st at the Murrysville Alliance Church, 4130 Old William Penn Highway. All bikers are welcome. You will receive a free ride pin and year bar. There will be free coffee and donuts. The Spring curbside leaf collection will be Saturday, April 27th. You must schedule a pick-up by completing the Curbside Leaf Collection Program Form on the website. There is a 20-bag limit. The deadline to sign up is the Thursday before the pick-up date. On Saturday, April 27th from 10 a.m. to 2:00 The Murrysville Police Department will be participating in National Drug Take Back Day and will be doing another illegible registration plate event. You will need to fill out an MV-46 (7-23) form. A registration plate is deemed illegible when one or more numbers or letters cannot be recognized from 50 feet or shows any blistering, peeling and/or discoloration. CHIEF ADMINISTRATOR’S COMMENTS: Mr. Nestico noted that the Blessing of the Bikes slide had two dates listed. The event is Sunday, April 21st. The Municipality is part of the MRM trust for workers compensation purposes. Mayor Synan is a trustee of MRM and informed him that the Municipality is to receive a dividend of over $51,000 for this year. COMMUNITY INPUT: Ron Wolfe, 3644 Forbes Trail: He came to complain about FTMSA and the sewer system. Today and yesterday, he had a lake in his backyard that was raw sewage. He would like to hear the report from the Mayor on this. Rick Fisher, 6612 Italy Road: He is the representative of the Westmoreland Heritage Trail. They have had a trail-town festival for the last four years. So far, the festival has been held in Trafford, Export, Slickville. They like to move it around to the towns that it passes through. These communities have been helpful by providing the use of parks, pavilions, bathrooms, and buildings for the festival. This year they decided to vmp -2- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 3, 2024 have the festival in Murrysville. The Murrysville Community Center is the closest to the trail, but they are disappointed in Murrysville’s commitment to the trail because of the required deposit for use of the building, the sale of alcohol, and the charge of $50 for each food truck vendor. There is an agreement between Murrysville and Westmoreland County from 2017; whereas the partners mutually desire to mobilize their resources in order to maximize the efficient use of finances in the development, administration, management, and maintenance of the WHT and the Roberts partial trail access area. Murrysville did provide significant help in the construction of the trails, for which they are grateful, but since then requests for help have mostly been turned down. When Westmoreland Heritage Trail asks for assistance, they aren’t asking for a favor, it is something that Murrysville has previously agreed to. Russ Cepko, 2414 Willow Drive: He has been here over the last few months regarding Caliber Collision. Several things that the residents have accomplished by getting involved is letting Council know the level of concern this has raised in the community about this proposed development. There are still a number of things they don’t understand. Why did they evaluate only one site in Murrysville? A number of the conditions would not be required if they went to another site. Council is concerned about turning this down and getting sued. If he was a business owner and wanted to get his business up and running, he wouldn’t want to go through the court system for 2 or 3 years to fight a Council decision. A lot of things don’t add up from a business standpoint. They are still hoping that Council votes “no” on this. Ann Wade, 6202 Old William Penn: She is on the board of the Westmoreland Heritage Trail. The WHT is doing a Poker Run on June 1st starting at the Murrysville Community Center and having three food trucks. The food trucks will be there around three hours. They don’t expect more than 10 people. If the food trucks are asked to pay $50, it is going to cut into their profits. Would Council be willing to waive that $50 registration fee or make it a little less. They would greatly appreciate that. LIAISONS COMMENTS AND COMMITTEE REPORTS: Mr. Diacopoulos: There is no report for the Pension Committee. The next meeting is in May. Mr. Olszewski: No report from the Environmental Advisory Council. Mrs. Lingg: Planning Commission has rescheduled their monthly meeting to April 30th. Mr. McKenna: Murrysville Parks and Recreation Committee met February 13th. Some community members attended asking about the conditions of some of the tennis courts in Murrysville. Bill Paiano from Public Works updated them on some of the work they will be doing to improve the courts. Public Works has been working really hard to get things ready for opening day for baseball. There has been vandalism in some of the parks, so keep your eyes peeled. The work at Duff Park pavilion has been completed on the roof and stones were used to update the parking lot. Coming up for the summer is the Farmer’s Market, Tuesdays at Townsend, Mad Scientist, Out of the Box Nature Camp, and Concert in the Park, which is scheduled for August 9th. The clean-up at Kellman Reserve has been postponed. The boy scouts have been helping with signs. Mr. Stepanovich: Medic One met on March 21st. For February, they had a total of 1,288 trips, 958 were ambulance details, and 330 were wheelchairs. The first subscription turned out well with $172,072 which vmp -3- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 3, 2024 was a percentage rate of 17.9. They did pass the safety audit. They pulled a vehicle out of Loyalhanna Lake. Murrysville Parks and Recreation Foundation is going to meet next Monday. Mr. Lemak: The Library meets April 18th. Mayor Synan: He attended the FTMSA meeting for Mr. Dice. He asked a few questions to answer Mr. Wolfe. Mayor Synan showed a chart of the DEP Work Order 5-year agreement that FTMSA signed with the DEP. It showed what was completed, which was quite a bit, what was still being worked on, and what was left to do. They will have till the end of August next year to complete this mission. The mission started off with 165 miles of cameraing lines and identifying and correcting any defects and repairing all that need repaired of 4,600 manholes. They identified 1,552 defects of which 1,000 were class 4 or 5. They only have 84 of those defects to complete. They have the daily average flow reduced from 4.8 million gallons to 2.58 million gallons. They aren’t done. In answer to Mr. Wolfe, they are going to run some cross main from that line over to the main line, which will alleviate some of the pressure. They are planning on putting in an equalization tank somewhere in that area to help absorb these high flow events. They are also going to add a third pump at their main pump station. The project for Mr. Wolfe should be starting sometime in August. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: None COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: None COMMUNITY DEVELOPMENT: 14.A. Approve SP-4-23, a major land development application, Caliber Collision 6037 William Penn Highway, for a proposed 12,476 SF auto repair center, Tax Parcel 49-20-00-0-037, B-Business zoning. Mr. Dice made a motion to approve or deny SP-4-23, a major land development application, Caliber Collision 6037 William Penn Highway, for a proposed 12,476 SF auto repair center, Tax Parcel 49-20-00-0- 037, B-Business zoning inclusive of all Conditions that have been discussed as contained in the briefings. Mr. Stepanovich seconded. Mrs. Lingg stated that she still has some concerns about where the entrance is and how PennDot determined that was acceptable. It is not safe. She also still has concerns about some of the information that is still pending to make this decision. She would feel more comfortable making a decision if we had some of the reports, like the Impact Studies, etc. vmp -4- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 3, 2024 Mr. Lemak stated that he agreed. The speed on that road is very high. PennDOT makes mistakes and he thinks they made a mistake in this case. We were all elected here by the people of Murrysville who have come out multiple times and we need to take that into consideration when we vote. Mr. Stepanovich stated that his thoughts on the traffic are the same. He thinks it is a problem. The turning lane going west on Route 22 will need signage. He is frustrated with PennDOT. We don’t have control over PennDOT. Have we talked to them? Mr. McKenna stated that he mirrors Mr. Stepanovich’s concerns on the traffic. It is a PennDOT issue, but we don’t seem to get anywhere with PennDOT. In discussions we have had regarding this development, it has weighed a lot on the people who live there. He has been up to that location and feels for the residents that are close to the project. Council has to look at the permissible use, what the options are, whether or not having Conditions put on this is the only way really that we can protect those residents and have any type of protection from a municipality standpoint for it. It is a tough decision. Mr. Dice explained that in regard to PennDOT, a Highway Occupancy Permit has to be obtained. We can’t go to the developer and say the entrances aren’t safe so you can’t build this. You are not going to win that in court. At various times, people have said, Council, put yourself in our shoes. Sure, you would rather see woods than an auto body repair shop. He agrees, however, this Council – we are not the Lords of Murrysville. This is a permitted use. If Caliber wants to go in – it’s going in. If they have decided this is the site, and they like the property, and they have entered into an agreement with the property owner, it is up to them. That is their business decision. Council enforces its ideas about where things should be through zoning. Business should be along Route 22 and that is often how we try to reserve Murrysville’s rural character. He is not afraid of being sued. The problem is that we are going to lose every step of the way and all of the Conditions that are above and beyond what we can legally require will be gone. Mr. Dice stated that he will probably be voting yes tonight looking long-term on what is really best for the residents and the people living there in that development. You are better off having these conditions than not. Mr. Lemak asked how enforceable these conditions are. Mr. Dice answered 100% enforceable. Mr. Dice confirmed with the applicant that they agreed to all of the conditions. Mr. Sittig answered yes, they are fully committed. Solicitor Long agreed with Mr. Dice’s analysis from a legal perspective. While this is distasteful to the residents, it is a permitted use in the zoning district. The applicant is willing to agree to about 28 conditions, some of which are required. The applicant doesn’t have to agree to the other conditions but is willing to agree to them. If Council were to vote no and the applicant elects to pursue an appeal, then those conditions go by the wayside which, in the minds of the residents of that neighborhood, would make this development even more distasteful and offensive to them. He would suggest that we take advantage of the Conditions and stay actively involved in the HOP permit process. Also, yes, the Conditions are 100% enforceable and part of the approval process and the applicant agrees to them. Mr. Morrison stated that there was some debate on one of the final Conditions that there be no heavy mechanical work performed at the site. He would suggest that Council consider modifying that to only mechanical work incidental to the body repair of the vehicle be permitted. The applicant agreed to the recommended change. vmp -5- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 3, 2024 Mr. Dice made a motion to amend the current motion on the floor to have Condition #28 read as only mechanical work incidental to the body repair of a vehicle be permitted. Mr. McKenna seconded. All those present voted aye. Motion approved. Upon a roll call vote to approve or deny the original motion with the amendment: Mr. McKenna-approve, Mrs. Lingg-deny, Mr. Olszewski-approve, Mr. Stepanovich-approve, Mr. Diacopoulos-approve, Mr. Lemak- deny, Mr. Dice-approve. Motion approved 5-2. 14.B. Reapproval of the Preliminary/Final Lot Revision Plan for Delmont Builders Supply, Inc. and Delmont Industrial Drive, LLC. Mr. Dice made a motion to reapprove of the Preliminary/Final Lot Revision Plan for Delmont Builders Supply, Inc. and Delmont Industrial Drive, LLC. Mr. Stepanovich seconded. Solicitor Long explained that this property is partially in Salem Township and partially in the Municipality of Murrysville. Under the NPC, a subdivision plan has to be recorded within 90 days of approval. Murrysville approved it first and then it went to Salem Township. By the time it went through the Salem Township Planning process and through their Board of Supervisors’ meeting, they did approve it, but the 90 days had lapsed. This will need to be re-executed and reapproved tonight so the plan can be recorded for the Dollar General proposed on Route 66. Nothing has been changed. All those present voted aye. Motion approved. ENGINEERING: 15.A. Approve the award of the Lyons Run Acid Mine Remediation project to Kepple and Curry, Inc. in the amount of $1,670,987.86. Mr. McKenna made a motion to approve the award of the Lyons Run Acid Mine Remediation project to Kepple and Curry, Inc. in the amount of $1,670,987.86. Mrs. Lingg seconded. Mr. Nestico stated that this is a joint project with the Municipality and the Lyons Run Watershed Association. Two grants were received for this project in the amount of $1,500,000 from the Pennsylvania Department of Environmental Protection and $500,000 from the Pennsylvania Department of Economic and Community Development. The project was put out to bid and we received four bidders. This is the low bid. All those present voted aye. Motion approved. PUBLIC WORKS AND PARKS: None OLD BUSINESS: Mayor Synan noted that last week Murrysville Medic One lost a long-standing paramedic that served there for close to 20 years, Ron Shaffer. He lived in the Vandergrift area and was also an active member of Vandergrift VFD where he had been on a call the night before and suffered a massive heart vmp -6- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 3, 2024 attack. Murrysville Medic One just happened to be covering the Vandergrift area at the time but he passed away before he made it to the hospital. The Mayor stated that he attended the fire department service last night in Apollo. Thank you, Mr. Shaffer, for your many years of service. NEW BUSINESS: Mr. McKenna wanted to wish Carl Stepanovich a happy 80th birthday. Congratulations! EXECUTIVE SESSION: None ACTION ITEMS: None ADJOURNMENT: Mr. McKenna made a motion to adjourn the meeting. Mrs. Lingg seconded. All those present voted aye. Motion approved. The meeting was adjourned at 8:10 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 -7-