Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, June 5, 2024 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, June 5, 2024, at 7:06 p.m. in the Municipal Building. Present at the meeting were Council members Eli Diacopoulos, Jason Lemak, Jamie Lingg, Mac McKenna, Matthew Olszewski, and Carl Stepanovich. Also present were Chief Administrator, Michael Nestico, Public Works Director, Bill Paiano, Director of Recreation, Carly Greene, and Solicitor, Wes Long. Council President Dayne Dice and Mayor Synan were absent. PLEDGE OF ALLEGIANCE: Council Vice President, Mac McKenna led the audience in the Pledge of Allegiance. ROLL CALL/VOTING ORDER: Jamie Lingg, Matthew Olszewski, Mac McKenna, Eli Diacopoulos, Jason Lemak, Carl Stepanovich, Dayne Dice - absent, and Mayor Synan - absent. LIBRARY PRESENTATION AND PROGRAMMING UPDATE Amy Riegner, Director of the Murrysville Community Library, came this evening to talk about their Summer Reading Program and the exciting events that they are going to have this summer. The theme this year is Adventure Begins at Your Library. All ages are invited to join us for this year’s Summer Reading Program. Registration on Beanstack begins Monday, June 10th, with the program running through August 2nd. The Library’s End of Summer Reading Party will be August 2nd featuring the magician Steve Haberman, Kona Ice, and more. Melanie Moore, Children’s Librarian, said to join her for an exciting SummerQuest discovering your favorite books, attending summer programs, and connecting with fellow book lovers. This is the perfect way to engage the whole family in fun, learning activities throughout the summer months at the library and beyond. Pre-readers, children who are not yet reading on their own, can share in reading with their grown- ups. Independent readers who have completed Kindergarten through grade 6, through Beanstack can track their reading, take part in activity challenges, earn virtual badges, and enter to win prizes. Kat Neidig, Teen Librarian, stated that this year’s theme is Adventure Begins at Your Library. Get ready to step out of your comfort zone and explore new worlds, learn new things, and make new friends. Participants are asked to read a total of 20 hours and participate in at least 2 programs to complete the challenge. Take part in special programs such as Escape Room, Writing Sessions, Cooking Workshops, Author Talks or get a free plant when you come to the Plants and Animals. The more you participate, the more tickets you can earn for the prize baskets. This year’s prizes include Lego sets, posters, gift cards, skin care products and, of course, books. Kelly George, Adult Services Librarian, stated that this year’s Summer Reading Program will be full of adventure for children, teens, and adults. Summer Reading begins June 10th. Use the Beanstack app to track your reading or stop by the Library and pick up a paper packet. Adults can complete the summer reading challenge by reading a total of 25 hours. There are other ways to participate too. There will be fun activities and events at the Library. The more you read and participate, the more chances you will have to win a prize. You could win a stack of bestsellers, passes to the Heinz History Center, or Phipps Conservatory and Botanical Gardens. The end of summer reading party will be Friday, August 2nd. vmp -1- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, June 5, 2024 REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: CONSENT CALENDAR ITEMS: A. Approval of May 21, 2024 Council Meeting Minutes. Mrs. Lingg made a motion to approve the Consent Calendar Items. Mr. Stepanovich seconded. All those present voted aye. Motion approved. MAYOR’S COMMENTS: Mr. Nestico read the announcement from Mayor Synan. Glass Recycling “Pop-Up” Collection Event will be Saturday, June 15th from 9:00 a.m. - 2:00 p.m. at Veterans Field parking lot. Residents are also encouraged to support the Loaves and Fishes Emergency Food Pantry by donating non-perishable food items. Murrysville Farmers’ Market will be held Thursdays, June 6 – September 26, from 3:00 p.m. – 7:00 p.m. at 3235 Sardis Road, by Murrysville Fire Department. There will be live music, weekly food trucks, local vendors and more! The Murrysville Recreation Department presents Tuesdays at Townsend. There will be free live performances in the park from 6:30 p.m. – 8:00 p.m. on June 11 & 25, July 9 & 23, and August 6 & 20. Any cancellations will be posted on the Facebook event page and on our website. CHIEF ADMINISTRATOR’S COMMENTS: Mr. Nestico stated that the HVAC system for the building is scheduled to be hoisted on top of the building tomorrow by crane with hopes of getting everything up and running again by the end of the week. The finance department has been interviewing for the fiscal assistant position. There are a lot of promising candidates that have applied. The code officer position is being finalized. A lot of residents have been calling about high grass, signage, eye sores in the community, etc. We are trying to work on that the best we can. Once we get the individual in place, then we will be able to tackle those issues. School Road is closed for bridge repair until late August. The road is planned to be reopen by then, but the PennDOT project will continue through March. COMMUNITY INPUT: None LIAISONS COMMENTS AND COMMITTEE REPORTS: Mr. Lemak: The Library meets in two weeks. vmp -2- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, June 5, 2024 Mr. Stepanovich: Medic One meets on Thursday, June 20th. The Murrysville Parks and Recreation Foundation meets on Monday, June 17th. Mrs. Lingg: The next Planning Commission meeting is Tuesday, June 11th. Mr. Olszewski: The EAC met last Tuesday, May 28 and discussed the expansion of the Summerhill project, Phase II. Mr. Diacopoulos: The Pension Committee meets on August 8th. Mr. McKenna: Murrysville Parks and Recreation meets next Tuesday. We are excited to kick off Tuesdays at Townsend. They get some really good bands and have some really good turnouts. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: None COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Approve Ordinance No. 1086-24, amending Salary Ordinance No. 1081-23, establishing the compensation and salary ranges of the employees of the Municipality of Murrysville for fiscal year 2024. Mrs. Lingg made a motion to approve Ordinance No. 1086-24, amending Salary Ordinance No. 1081-23, establishing the compensation and salary ranges of the employees of the Municipality of Murrysville for fiscal year 2024. Mr. Olszewski seconded. Mr. Nestico stated that there are just three amendments to this ordinance: 1) the Police Department pay rates pursuant to the most recent Collective Bargaining Agreement; 2) the fiscal assistant position to cross train and aid in the day-to-day operations of accounts payable, accounts receivable, payroll and HR functions; 3) Facilities maintenance position which we currently contract this work out. Costs have increased and staff would like to explore the possibility of returning to an in-house staffer. All those present voted aye. Motion approved. 13.B Return of unexpended grant funding to the PA Department of Conservation and Natural Resources in the amount of $623,000 for the Murrysville Community Park amphitheater project. vmp -3- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, June 5, 2024 Mr. Diacopoulos made a motion to approve the return of unexpended grant funding to the PA Department of Conservation and Natural Resources in the amount of $623,000 for the Murrysville Community Park amphitheater project. Mrs. Lingg seconded. Mr. Nestico stated that the Municipality has $623,000 in grant funding from the DCNR which requires an equal match. The project has had a few delays over the last couple of years. The Municipality requested a revised cost estimate from Gibson-Thomas engineering for the project. The most recent cost estimate from December 2023 puts the project at a total cost of $2,085,913. Anything over the $623,000 would have to come from our reserves. Based upon the significant cost increase of the amphitheater project, and the various timelines involved for this project, staff recommends the municipality postpone the current project, return the $623,000 in grant funding, and work to revise the project plans for a future time period. By returning the funding to the DCNR we won’t incur any penalties or hinder us in getting grants in the future. The grant has to be used for recreational value, so we can’t just keep the funds and put it towards other things. It was for the amphitheater only. In the meantime, a lot of the work at MCP can still be done by the Public Works Department over the next couple of years. Mr. McKenna noted that the costs went out of control with materials and labor. He hates to see it go, but what we are saying is it’s not a “no” – it’s just not right now. Mr. Stepanovich asked about the cell tower in MCP and the service road that was going to be put in. Does this cancellation affect the service road. Mr. Nestico answered no. There are still questions on if the cell tower will take place. If it does, Verizon would install this roadway. We can still have Verizon do the roadway, if and when the tower goes in. The alternative would be that we put the roadway in and if the tower were to go in, we could receive monetary compensation from that contract. Mr. Olszewski asked if we reapplied for the grant, could other recreational items be added. Mr. Nestico stated that there are other ways to modify the scope of a project and add additional items. But in this particular case, the funding was awarded specifically based on an amphitheater. Mrs. Lingg asked that if the project was not completed by the expiration date of the grant, which was the end of 2024, would the grant money still have to be sent back? Mr. Nestico answered yes. Mr. McKenna said that the Recreation Department worked so hard on this project and planning this for such a long time and wanted to thank Public Works Director, Bill Paiano and Director of Parks and Recreation, Carly Greene for all their effort. It was a great idea. Mr. Nestico stated that the groups and entities that had contributed funding towards this project will be contacted about using the funds in another area. Mr. Nestico stated that the amphitheater originated through a previous community survey which is a number of years old. The Comprehensive Plan needs to be revised with a new focus on MCP and the other community parks. It’s not that we don’t have any future vmp -4- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, June 5, 2024 plans for the amphitheater in mind, but if we are going to spend a significant amount of money we want to make sure we are doing projects that the community is looking for. Mr. Lemak asked why the NPDES permit took so long. Mr. Nestico stated that it is a review process. He isn’t sure why it took so long. There were some revisions that took place along the way. When the DEP bounces back something for a revision, it takes some time for the engineers to do the revision and then it gets sent back. The back and forth takes some time. All those present voted aye. Motion approved. 13.C. Approve the employment agreement between the Municipality of Murrysville and the Chief of Police. Mr. Lemak made a motion to approve the employment agreement between the Municipality of Murrysville and the Chief of Police. Mr. Olszewski seconded. Mr. Nestico stated that this item is part of the succession plan in the Police Department. Chief Seefeld will be retiring at the end of this month. The recommendation from the Mayor and staff is to appoint Captain Tom Kusinsky to the position of Chief. This is the employment agreement between the Municipality and Tom Kusinsky laying out the salary and benefits and terms and conditions of employment for the Chief position. All those present voted aye. Motion approved. 13.D. Approve the employment agreement between Municipality of Murrysville and the Police Captain. Mrs. Lingg made a motion to approve the employment agreement between Municipality of Murrysville and the Police Captain. Mr. Stepanovich seconded. Mr. Nestico stated that Sargeant Dave Coleman will be filling the role of Police Captain as part of the succession plan recommended by the Mayor and staff. For both of these agreements, Chief Seefeld also highly recommended both of these individuals, Tom Kusinsky and Dave Coleman, to fill these two positions. All those present voted aye. Motion approved. COMMUNITY DEVELOPMENT: 14.A. Approve a Conditional Use application, CU-1-24, Castiglione, LLC, Major Excavation and Steep Slope Disturbance, approximately 48,000 cubic yards, Wiestertown Road and Hilty Road, 54.57 acres, tax parcels 49-12-00-0-051 and 49-08-00-0-012, R-R zoning. Mr. Stepanovich made a motion to approve a Conditional Use application, CU-1-24, Castiglione, LLC, Major Excavation and Steep Slope Disturbance, approximately 48,000 cubic yards, Wiestertown Road and Hilty Road, 54.57 acres, tax parcels 49-12-00-0-051 and 49-08-00-0-012, R-R zoning, adding with the 14 conditional items imposed by staff listed in the briefing. Mr. Lemak seconded. vmp -5- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, June 5, 2024 Mr. Nestico noted that a Public Hearing was held on this Conditional Use application at the last Council meeting. This did receive a recommendation from the Planning Commission for approval. Bryan Metzler, T3 Global Strategies, who is representing the applicant, was present to answer any questions from Council. Mr. Lemak asked what his response would be to some of the complaints from residents regarding Steels Run. Mr. Metzler answered that the project is a single-family residential development in the R-R District. They took extensive time meeting with the DEP, Conservation District, Trout Foundation, and any others involved. What they have on the property is public roads where they believe is the best environmentally sensitive areas for them. The exiting streams and water courses on the site will have buffers and the storm water will be treated to make sure they meet all the standards and quality and quantity rates of the DEP and Conservation District. Mr. Lemak added that another concern was the adverse effects on neighboring wells. Mr. Metzler stated that they did have that looked at by the geotechnical engineer and in their report, they do not anticipate any issues. They have provided a way that surrounding neighbors can have access to the public water system and sewer system that will be put in the development. The owners, if they would like to connect, would need to pay the tap-in fee, but they would give them the legal right through the easement to connect. Mr. Stepanovich asked what the anticipated lot and home would sell for. Mr. Metzler stated that the number has been increasing over the years since they started this. Right now, they would go for around $2million. Mr. Diacopoulos asked what contaminants he referenced to containing. Mr. Metzler answered that when he was speaking post-construction storm water, where the DEP would look for total suspended solids, anything that gets in the water like pieces of dirt or debris. Then they look at nitrogen, phosphorus, fertilizer or anything else that would get in the water. Mr. Diacopoulos asked if the applicant agrees to all of the 14 conditions. Mr. Metzler answered yes. Mrs. Lingg asked if there was a reason why the entrance is to be right across from a resident instead of going a bit east or west? Mr. Metzler stated that the first narration of the plan, the entrance was further towards the park on Wiestertown Road which aligned more with the neighbor’s home. There was a water stream there so they moved it up Wiestertown to get away from that as far as they could to have sight distance getting in and out. This was reviewed by the traffic consultant, and they did a Traffic Impact Statement. Hilty was considered at one time, but the traffic and main market window where people would want to go is Wiestertown Road, that along with the considerations of sight distance as a safety issue, and the streams. Mr. McKenna stated that he has discussed this with Planning as well through this whole process. He was never a fan of the entrance on Wiestertown Road. He thought that access from Hilty or off of Farm Road would be more feasible. Mr. Metzler noted that as part of the project, they will have a pedestrian connection from their public road system down Farm Road to the entrance to the park. Mr. Olszewski asked that if something did adversely affect someone’s property, who would be responsible. Solicitor Long answered that if the development were to adversely affect the neighbor’s well and was proven to be because of the development, the developer would have to rectify that. Which would probably vmp -6- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, June 5, 2024 result in the connection of that home into a public water system including the payment of the tap-in expenses associated with running the lateral. This would include runoff from a steep slope into someone’s backyard. Mr. Long advised that any homeowner may want to get their own water tested prior to the start of the development so they have a baseline of quantity and quality to compare at a later time. Upon a roll call vote: Mrs. Lingg – no, Mr. Olszewski – no, Mr. McKenna – no, Mr. Diacopoulos – yes, Mr. Lemak – yes, Mr. Stepanovich – yes. Motion denied 3-3. At this time, Solicitor Long asked for an Executive Session on the request of himself and Mr. Nestico. Council adjourned to an Executive Session at 8:00 p.m. Mr. McKenna resumed the meeting at 8:20 p.m. Solicitor Long stated that for tonight’s purposes, Item 14.A. did not pass – it was denied. However, the Mayor and President Dice are absent this evening. If Council and staff are willing, Item 14.A. can be put back on the agenda for a reconsideration at the next meeting in June. Item 14.B. should be tabled because of the decision of 14.A. tonight. Mr. Stepanovich made a motion to concur Solicitor Long’s recommendation to put 14.A. back on the next June meeting agenda for reconsideration and table 14.B. Mr. Diacopoulos seconded. All those present vote aye. Motion approved. 14.B. Approve S-10-23, a major land development application, Castiglione Plan of Lots, a twenty-four lot subdivision, Wiestertown Road and Hilty Road, 54.57 acres, tax parcels 49-12-00-0-051 and 49-08-00-0-012, R-R zoning. TABLED ENGINEERING: None PUBLIC WORKS AND PARKS: None OLD BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: Mr. Nestico wanted to note for the record that Council did have an Executive Session at 6:30 p.m. to discuss a personnel matter and a legal matter. ACTION ITEMS: None ADJOURNMENT: Mrs. Lingg made a motion to adjourn the meeting. Mr. Stepanovich seconded. All those present voted aye. Motion approved. The meeting was adjourned at 8:30 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-