Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Tuesday, July 23, 2024 Council of the Municipality of Murrysville held a Regular Voting Meeting on Tuesday, July 23, 2024, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Eli Diacopoulos, Dayne Dice, Mac McKenna, Matthew Olszewski, Carl Stepanovich, and Mayor Synan. Also, present were Chief Administrator, Michael Nestico, and Solicitor, Adam Long. Council members Jason Lemak, and Jamie Lingg were absent. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Jason Lemak-absent, Dayne Dice, Mac McKenna, Carl Stepanovich, Eli Diacopoulos, Jamie Lingg-absent, Matthew Olszewski, 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 June 18, 2024 Council Meeting Minutes B. Accounts Payable C. Cash Investments and Transfers Mr. Stepanovich made a motion to approve the Consent Calendar Items. Mr. McKenna seconded. All those present voted aye. Motion approved. MAYOR’S COMMENTS: Mayor Synan presented the following announcements. Murrysville Farmers’ Market is held Thursdays from 3:00-7:00 p.m. from June 6 to September 26. They have live music, weekly food trucks, local vendors and more! This is located by the Medic One and Murrysville Fire Station, 3235 Sardis Road. Tuesdays at Townsend. There is one tonight with free live performances in the park from 6:30 – 8:00 p.m. The next two will be August 6 and August 20 at Townsend Park. For more information on who is performing and food trucks, go to www.murrysvilleparecreation.com. The Murrysville Concert in the Park is August 10th at Murrysville Community Park. There will be more information at the next meeting. CHIEF ADMINISTRATOR’S COMMENTS: None COMMUNITY INPUT: Gwen Thornhill, 6279 Old William Penn Highway: Mrs. Thornhill stated that she was here with her husband, David, and they have lived at that address since May, 1986. They oppose the vacation of Carolina Street. Ordinance No. 1087-24 states that this portion of Carolina Street is not useful or convenient to the public and would not cause undue hardship to the general public. May times a day this portion is used by vmp -1- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Tuesday, July 23, 2024 friends and family visiting or for deliveries. This is a black topped opening onto Old William Penn Highway. From this black top there is a concrete stairway as a means of entry to their property. This is their only walkway. This street is very useful and convenient to them. By not having access to this tract of land, they will be landlocked on both ends of Carolina Street. Mr. Dice noted that this will be addressed when it comes up on the Agenda, Item 13.C. LIAISON COMMENTS AND COMMITTEE REPORTS: Mr. Stepanovich: Medic One currently has 3,767 subscriptions. The number of ambulance calls is 965 and Wheelchair calls 134. They ended with a positive cash flow of $58.2 thousand. There is going to be a meeting here, probably in August, with Tomar Electronics, regarding Murrysville Volunteer Fire Department and Medic One both coming out of their location onto Sardis up to Old William Penn Highway. They would like this to be optimal. Murrysville Parks and Recreation Foundation met on July 15th. The Foundation will be looking into market money accounts rather than getting a very low interest, which is currently done. Carly and Jacie will be following up with Mr. Nestico to see about the funds that were allocated to the amphitheater and if they can be retained within the Foundation. There will be an ad running in the Stroll Magazine regarding a virtual garage sale and the Foundation will be participating in that. Mac McKenna: Parks and Recreation is having their Tuesdays at Townsend, which the Mayor already mentioned. Mr. Olszewski: The Environmental Action Committee meeting was postponed last month. There were no new items. The next meeting will be Tuesday, July 30th. Mr. Diacopoulos: The next Pension Committee meeting is August 9th. Mr. Dice: He did attend the recent FTMSA meeting. They continue with the conversion of the plant from anaerobic to aerobic. They are way ahead on the DEP plan. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: None COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None vmp -2- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Tuesday, July 23, 2024 COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Adopt Fee Ordinance No. 1089-24, the Fee Ordinance, Chapter 112-6, an ordinance amending existing Fee Ordinance No. 1074-23. Mr. McKenna made a motion to adopt Fee Ordinance No. 1089-24, the Fee Ordinance, Chapter 112-6, an ordinance amending existing Fee Ordinance No. 1074-23. Mr. Olszewski seconded. Mr. Nestico stated that this item and 13.B. are updating the Solicitation Ordinance and the Fee Ordinance for solicitation fees. There was a threat of litigation from some companies that were attempting to solicit within the community. We wanted to revise the ordinance to be in conformity with the existing laws. Just a note that we do have a “Do Not Knock” list within the Municipality for anyone that does not want door-to- door solicitation from businesses. Mr. Stepanovich asked who was proposing the possible litigation. Mr. Nestico stated that it was a Pest Control Company based out of Texas. All those present voted aye. Motion approved. 13.B. Adopt Ordinance No. 1090-24, the Solicitation Ordinance, amending Chapter 169, Peddling and Soliciting, prescribing regulations for peddling and soliciting, providing for exceptions thereto; providing for license/permitting of persons engaged in such activities; setting certain limitations on such activities; establishing a no soliciting or peddling list and establishing penalties for violations of this Ordinance. Mr. Diacopoulos made a motion to adopt Ordinance No. 1090-24, the Solicitation Ordinance, amending Chapter 169, Peddling and Soliciting, prescribing regulations for peddling and soliciting, providing for exceptions thereto; providing for license/permitting of persons engaged in such activities; setting certain limitations on such activities; establishing a no soliciting or peddling list and establishing penalties for violations of this Ordinance. Mr. Stepanovich seconded. All those present voted aye. Motion approved. 13.C. Adopt Ordinance No. 1087-24, vacating an unopened or abandoned portion of Carolina Street. Mr. Olszewski made a motion to consider adopting Ordinance No. 1087-24, vacating an unopened or abandoned portion of Carolina Street. Mr. Stepanovich seconded. Mr. Nestico showed a picture of where the property is located. This area, up to the next block, has never been used as a municipal roadway. The two property owners abutting the unopened roadway have utilized it for ingress and egress to their own properties. It has never been opened as a public roadway. The idea behind vacating the roadway is simply relinquishing the municipality’s right to put a roadway there in the future. It would remain as is going forward, unless a private action were taken to acquire title to this land. vmp -3- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Tuesday, July 23, 2024 Solicitor Long stated that this is nothing more than the Municipality relinquishing its public right to that area. It does not affect any of the neighboring properties. Mrs. Thornhill stated that in regard to a statement about someone acquiring this property, she was told by the zoning officer that they own 20 feet, and the other property owns 20 feet. Her concern is that the other property owner will want to claim all 40 feet. The concrete steps are the only way they can get into their home. There is no driveway. Solicitor Long stated that it is his opinion that she already owns that 20 feet and the other adjoining property owns 20 feet; however, subject to the right of every single person in the Pedora Plan of Lots to use that right-of-way. What Council does tonight doesn’t change anything or the position she finds herself in or any of the property owners. It just eliminates the Municipality officially from putting a road in there. Mr. Diacopoulos asked if there is any statute that confirms that both property owners have 20 feet. Solicitor Long stated that it’s his understanding of the Municipal Code of Pennsylvania and Common Law that has developed over the years, that if a municipality doesn’t open a dedicated street on a plan within 21 years, it reverts to the mid-point of the abutting property owners. Mr. Dice noted that if any one of the property owners wanted to officially say that the 20 feet of property is theirs, they would have to go to court to actually acquire the property rights that you could include it on a sale or something like that. Upon a roll call vote: Mr. Dice – aye, Mr. McKenna – abstain (because his brother owns one of the properties), Mr. Stepanovich – aye, Mr. Diacopoulos – aye, and Mr. Olszewski – aye. Motion approved 4- aye, 1-abstention. 13.D. Adopt Ordinance No. 1088-24, vacating an unopened or abandoned portion of Carson Avenue and an adjacent unnamed alleyway between Reed Boulevard and Route 22. Mr. Stepanovich made a motion to adopt Ordinance No. 1088-24, vacating an unopened or abandoned portion of Carson Avenue and an adjacent unnamed alleyway between Reed Boulevard and Route 22. Mr. Olszewski seconded. Mr. Nestico stated that this is a portion of Carson Avenue near the Murrysville Community Center. Mr. Nestico showed a picture of the area roadway. Because of the reconstruction of Route 22 approximately 20 years ago, this area is closed off. In order to allow the adjacent property owners to consider any acquisition of the property, the Municipality would have to first vacate the interests of adopting and improving the roadway. Both sides of Carson are owned by the same person. Mr. Stepanovich asked if there was any way the Municipality could get any money from this. Mr. Nestico answered no, because it is not the Municipality’s roadway to sell. It was just laid out in a plan and is an unused roadway. All those present voted aye. Motion approved. vmp -4- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Tuesday, July 23, 2024 13.E. Appoint Police Captain David Coleman as Emergency Management Coordinator. Mr. Diacopoulos made a motion to appoint Police Captain David Coleman as Emergency Management Coordinator. Mr. McKenna seconded. Mr. Nestico noted that, due to the recent retirement of the police chief and the promotions of Captain Kusinsky to the Chief position and Dave Coleman from Sergeant to Captain, the position of Emergency Management Coordinator has historically been the Captain in the Municipality. The state will be notified of the appointment as well. All those present voted aye. Motion approved. 13.F. Approve renewal of the cyber insurance policy with Travelers Insurance. Mr. Diacopoulos made a motion to approve the renewal of the cyber insurance policy with Travelers Insurance in the amount of $5,858.00 for the fiscal year August 2024 to July 2025. Mr. Stepanovich seconded. Mr. Nestico noted that the policy has come down $382 less than the present premium. We renew this annually through Travelers for our cyber insurance. All those present voted aye. Motion approved. COMMUNITY DEVELOPMENT: 14.A. Approve 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. Nestico stated that since there are only five council members present this evening, and the history of this item, it makes sense to table it and bring this back on a future agenda. Mr. Stepanovich made a motion to TABLE Items 14.A. and 14.B. until the August 7th meeting. Mr. Diacopoulos seconded. All those present voted 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 vmp -5- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Tuesday, July 23, 2024 14.C. Approve SP-3-24 a parking study, 2010 Borland Farm Road, for a proposed use of the building for basketball and pickleball courts. Mr. McKenna made a motion to approve SP-3-24 a parking study, 2010 Borland Farm Road, for a proposed use of the building for basketball and pickleball courts. Mr. Diacopoulos seconded. Mr. Nestico noted that our ordinance requires 1 parking space for every 90 square feet of gross floor area. The gross floor area necessitates 300-400 parking spaces. They did conduct a study to determine whether or not they were required to implement all of those parking spaces. The parking study concluded that they do not. They have adequate parking as situated – even based on peak hours with the implementation of pickleball and basketball inside of the facility. The Planning Commission reviewed this item and recommended approval. All those present voted aye. Motion approved. ENGINEERING: 15.A. Consider reducing the sequestered funds held to ensure completion of the required improvements at the Hillstone Village Development in the amount of $146,300. Mr. Stepanovich made a motion to consider reducing the sequestered funds held to ensure completion of the required improvements at the Hillstone Village Development in the amount of $146,300. Mr. Diacopoulos seconded. Mr. Nestico stated that the developer requested this reduction. We will still have the $90,000 remaining dollars sequestered for the completion of paving on this project. Staff recommends reducing the amount as motioned by Council. All those present voted aye. Motion approved. 15.B. Consider authorization of the advertisement for DPW-5-24 Basin Retrofit project. Mr. Diacopoulos made a motion to authorize the advertisement for DPW-5-24 Basin Retrofit project. Mr. Olszewski seconded. Mr. Nestico stated that this item was included in the Capital Improvement Plan for 2024. The approved budget amount was $125,000. Most of the expenses will be covered by the ARPA grant with the Municipality contributing approximately $32,000. This project is part of the MS4 NPDES permit. The ponds identified to be retrofitted are the Mallard Landing, Fair Oaks, Les Chateaux, and Bartlett Court. All those present voted aye. Motion approved. vmp -6- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Tuesday, July 23, 2024 15.C. Consider authorization of the advertisement for DPW-6-24 Old William Penn Bridge Deck Replacement. Mr. McKenna made a motion to authorize the advertisement for DPW-6-24 Old William Penn Bridge Deck Replacement. Mr. Stepanovich seconded. Mr. Nestico stated that this is to advertise the DPW project. This is the bridge on Old Will Penn that was discussed over the last couple of meetings that had a weight reduction. We want to get this repaired. The cost would be approximately $215,000. We do have a grant from DCED for $200,000 with the remainder coming from the 2024 road and bridge reserves. All those present voted aye. Motion approved. PUBLIC WORKS AND PARKS: 16.A. Ratify the sale of used surplus municipal equipment. Mr. Olszewski made a motion to approve the sale of used surplus municipal equipment. Mr. Diacopoulos seconded. Mr. Nestico stated that there were several pieces of municipal equipment and vehicles that were listed on Municibid. This is to approve award of the items to the highest bidders. All those present voted aye. Motion approved. 16.B. Approve the contract with Kellner’s Fireworks, Inc. to purchase and exhibit fireworks for the 2024 Murrysville Concert in the Park event on August 10, 2024. Mr. McKenna made a motion to approve the contract with Kellner’s Fireworks, Inc. to purchase and exhibit fireworks for the 2024 Murrysville Concert in the Park event on August 10, 2024. Mr. Diacopoulos seconded. Mr. Nestico noted that because the event did not take place last year due to the weather, we did purchase the fireworks last year and paid 50%. This year’s cost will be the remaining 50% in the amount of $4,441.98. All those present voted aye. Motion approved. OLD BUSINESS: None NEW BUSINESS: Mr. McKenna just wanted to say congratulations and thank you to Chief Seefeld and congratulations to the new Chief Kusinsky and Captain Coleman. EXECUTIVE SESSION: None ACTION ITEMS: None vmp -7- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Tuesday, July 23, 2024 ADJOURNMENT: Mr. Stepanovich made a motion to adjourn. Mr. Olszewski seconded. All those present voted aye. Motion approved. The meeting was adjourned at 7:50 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-