Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, August 7, 2024 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, August 7, 2024, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Eli Diacopoulos, Dayne Dice, Jason Lemak, Jamie Lingg, Carl Stepanovich, and Mayor Synan. Also present were Chief Administrator, Michael Nestico and Solicitor, Wes Long. Council members Mac McKenna and Matthew Olszewski were absent. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Matthew Olszewski - absent, Mac McKenna - absent, Carl Stepanovich, Dayne Dice, Jason Lemak, Jamie Lingg, Eli Diacopoulos, and Mayor Synan. PLEDGE OF ALLEGIANCE: Council President, Dyane Dice led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: A. Addition of Items 14-A and 14-B. Mr. Nestico noted that he recognized on Monday that these two items were left off the agenda and were not advertised in the paper. We did, however, post it on our website and at the Municipal Building 24 hours in advance according to the Sunshine Law. We also notified the various parties that were involved in this matter that this item would be on the agenda for this evening. Mrs. Lingg stated that at the last meeting this was tabled due to the fact that there were only 5 council members present. Tonight, we still only have 5 council members present. So why are we not tabling it again? The two members that are absent were opposed to it and are not here to make their argument. The Mayor stated that, historically per the Charter, it takes 4 votes to win or 4 votes to lose. If the vote were 3- 2, it would have to come back to the next August meeting. Mr. Dice noted that the applicant is here, and we should at least give him a chance to speak and then decide if we want to table this or not. Mr. Lemak made a motion to add Items 14-A and 14-B to the agenda. Mr. Stepanovich seconded. Mrs. Lingg opposed, and all others voted aye. Motion approved 4-1. CONSENT CALENDAR ITEMS: A. Approval of July 23, 2024 Council Meeting Minutes. Mrs. Lingg made a motion to approve the Minutes from July 23, 2024. Mr. Diacopoulos seconded. All those present voted aye. Motion approved. MAYOR’S COMMENTS: Mayor Synan made the following announcements. Murrysville Farmers’ Market continues Thursdays from 3:00-7:00 p.m. 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. vmp -1- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, August 7, 2024 Tuesdays at Townsend. There is one free live performance left on August 20th from 6:30 – 8:00 p.m. at Townsend Park. For more information on who is performing and food trucks, go to www.murrysvilleparecreation.com. The satellite location to apply or renew a License to Carry will be held here at the Murrysville Municipal Building on September 12th from 12:00 pm to 7:00 pm. Applicants must provide a Pennsylvania Driver’s License or Pennsylvania Photo Identification Card with a current address. New applicants must include the name, address, and phone number of two references that are not immediate family members. There is a $20 fee and payment is accepted in the form of cash, check or money order. After completion of the application, a background check will be performed through the Pennsylvania State Police. Upon arrival of the background check, the license will be issued. This is first come – first served. This Saturday is The Murrysville Concert in the Park at Murrysville Community Park from 4:00 pm - dusk. There will be lots of food trucks, games, live music and fireworks. Right now, the weather looks good! CHIEF ADMINISTRATOR’S COMMENTS: Mr. Nestico noted that the School Road closure is wrapping up in the next two weeks. We are hopeful that it will be open before the school year starts. This was discussed in advance of the project. They seem to be right on track. If it is not open by the beginning of the school year, it should be just a day or two after. COMMUNITY INPUT: Michael Tometsko, 4250 Wiestertown Road: Mr. Tometsko stated that two of the council members who were voting for what he is arguing for are not here this evening. This has been tabled twice and feels this is being manipulated. Mr. Nestico stated that for purposes of clarification, any action of Council must receive four affirmative votes, whether for or opposed, to pass. Mr. Tometsko stated that he doesn’t have neighbors or 60 people to come and speak on their behalf. It is only his wife, himself, and three children. They are taxpayers, they volunteer in the community, and have lived here since 2003, and hope that they will be represented equally. They oppose this development on Wiestertown Road. It is not a responsible development due to the environmental impact on Steele’s Run, which is a high-quality, cold-water stream, and traffic. Steele’s Run is a clean waterway right now. If you get pollution from herbicide runoff, it will damage your wetland that goes through the park. The Heritage Trail is there, and businesses rely on that and could all be adversely affected by that. A tri-colored bat was discovered by an environmental group, which is on the Pennsylvania Endangered Species list. There could be other endangered animals that live there. Traffic on Wiestertown Road is dangerous. There are no shoulders on that road and is highly traveled by park traffic. He has submitted videos of people speeding on that road. If the entrance to this development is adjacent to his home, it will make it very dangerous for them to pull out of their driveway. There are a lot of cyclists on that road and pedestrians that run and walk on that road. He is concerned about the quality of his well. There is a responsible way to develop this property and has listed possible suggestions for Conditions on this approval. A greater buffer zone needs to occur to help protect that stream; greater than what the DEP recommends. The entrance should be moved away from his house. There is half a mile frontage on Wiestertown Road and frontage on Hilty Road for the entrance. He asks that Council put Conditions on the approval for safe and responsible vmp -2- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, August 7, 2024 development. It’s not that he doesn’t want Mr. Fischione to develop his land but do it responsibly and be a good neighbor. He also asks that Council not vote on this tonight. LIAISONS COMMENTS AND COMMITTEE REPORTS: Mr. Lemak: The Library meets on Thursday of next week. Mr. Stepanovich: The Parks and Recreation Foundation met this past Monday. The money in the accounts through negotiation with the bank was increased to the money market rate of 5% return opposed to 1%. They are still seeing about the funds that were donated for the amphitheater and how they can be used otherwise. There will be an article in the next STROLL magazine regarding the Murrysville Parks and Recreation Foundation. Mrs. Lingg: The Planning Commission last month mainly discussed Summerhill Phase II and how complicated it is going to be. They are going to continue discussions on this. The next Planning Commission meeting is Tuesday, August 13th. Mr. Diacopoulos: The Pension Committee meets tomorrow. Mr. Dice: FTMSA meets next Thursday at 6:00 pm. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: None COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Approve renewal of the Fiduciary Liability Insurance policy with Chubb for the coverage period of September 1, 2024 to August 30, 2025. Mrs. Lingg made a motion to approve renewal of the Fiduciary Liability Insurance policy with Chubb for the coverage period of September 1, 2024 to August 30, 2025. Mr. Stepanovich seconded. Mr. Nestico stated that this is a 1-year renewal in the amount of $5,836 which is $24 less than last year’s premium. All those present voted aye. Motion approved. vmp -3- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, August 7, 2024 13.B Advertise a Public Hearing for the 2025-2029 Capital Improvements Program on August 20, 2024, at 7:00 P.M. with a workshop immediately following. Mr. Stepanovich made a motion to advertise a Public Hearing for the 2025-2029 Capital Improvements Program on August 20, 2024, at 7:00 P.M. with a workshop immediately following the hearing. Mrs. Lingg seconded. Mr. Nestico stated that the CIP is required to be presented to Council in August of each year. The Finance Director will be here to present and answer questions in regard to the CIP. All those present voted aye. Motion approved. EXECUTIVE SESSION: Mr. Nestico noted that in speaking with the Solicitor, it may make sense to have a brief Executive Session to touch on some of the legal aspects of Items 14-A and 14-B. 7:23 p.m. Mrs. Lingg made a motion to adjourn to an Executive Session to discuss potential litigation. Mr. Stepanovich seconded. All those present voted aye. Motion approved. 7:45 p.m. Council returned and the meeting continued. Solicitor Long stated that because of the fact that this has been tabled at a few of the past meetings because there was not a full Council present and that 5 members was not sufficient to address this issue, we would like to ask the applicant if he would be willing to sign an extension of the time waiver through September 2024. We would also invite the applicant to give a presentation this evening just to address some of the comments that were made by citizens and to answer any questions that may be presented to the applicant by Council. Mr. Bill Sittig, representing the applicant, stated that legally, there have been some misstatements made and confusion of the applications and the vote. Looking first at Conditional Use and Mr. Tometsko’s statement that Council can attach Conditions regarding the stream and access road – No, not in a Conditional Use application. That’s not the development. They meet all the criteria for the major excavation. There is no discretion but to approve this without Conditions. Staff is not recommending any Conditions and he has not heard anything or seen anything in the record that would be an appropriate condition. The Land Development Application is strictly a staff review. Staff has reviewed this. They agree with the staff approval. There is no discussion about tree removal or location of access. They meet the ordinance. There is no question of any deviation. They are done. They are not presenting anything more. They have legitimate reasons for putting the entrance where it is. Mr. Fischione can show pictures and present why the entrance can’t be on Hilty. Where it is now has to do with site distance and is in a great location. Mr. Sittig stated that the whole idea of traffic is nonsense. There is great sight distance at the access point. The Municipality has no discretion despite the fact that people think there might be a lot of cars, bikes and whatever is inappropriate. They have a very responsible developer. Also, they don’t want to keep vmp -4- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, August 7, 2024 extending this. The two people that aren’t here to vote won’t change anything. Four votes are needed. The landowner has the preeminent property rights, application rights, and legal rights - not his neighbors. If Council wants to turn it down, they can go to court. If there is a reason Council can tell them they need more consideration, then fine. Council is not doing anything wrong by voting tonight. Mr. Paul Fischione, owner of the property, did give a presentation on why the placement of the access road was chosen. It was carefully considered over multiple years. The entry points are limited due to the stream proximity, steep slopes, and the position of the stormwater retention pond. First and foremost, we selected this position for the safety and security of the people entering and leaving the development to make sure they have safe stopping distance in both directions. They also took into consideration the residential issues and placed the entry way as far as they possibly could from the residents on Wiestertown Road. Mr. Dice noted that the applicant has essentially said that before they would consent to any continuance, they want to hear a good cause. One of the things that concerns him about continuing this again is setting a precedence that we are not going to vote on something unless “x” number of council members are here. We already knew at the next meeting, at least one council member won’t be here. Mr. Dice asked the solicitor that in terms of this development, does it comply with our ordinances and in staff’s review, is this something that a second look is even warranted? Solicitor Long stated that the applicant’s development application is in compliance with the terms, conditions, and provisions of our ordinances. Anything involving the environment is deferred to the Westmoreland County Soil and Conservation District and the DEP on those issues. It is not the Municipality’s jurisdiction to regulate. Mr. Nestico stated that the Planning Commission has reviewed this and recommended approval to Council. It has been reviewed by the EAC and other entities involved as well. Everything in this application seems to be appropriate. Mr. Stepanovich questioned the waiver for a 2nd flag lot. Solicitor Long stated that was included in the application package reviewed by staff. Mr. Nestico concurred. As it went through the Planning Commission, if the 2 flag lots were not permitted, it would create additional excavation and complications with the stream. 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. Mr. Lemak seconded. Mr. Dice noted that this is in regard to the excavation. Staff recommends approval and there is no reason to delay this one. vmp -5- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, August 7, 2024 Upon a roll call vote: Mr. Stepanovich – yes, Mr. Dice – yes, Mr. Lemak – yes, Mrs. Lingg – yes, Mr. Diacopoulos – yes. Motion approved 5-0. 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. Mr. Lemak made a motion to 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. Mr. Diacopoulos seconded. Mr. Dice explained Council’s role as representatives of Murrysville. We are not the Lords of Murrysville. We don’t get to pick which developments go in and which don’t. This is private property rights. Our role is to make sure that it complies with our ordinances. We’ve heard from our legal counsel and our staff that it does comply with our ordinances. Further review is not going to resolve in changes to their recommendation. The two main items were brought up. In regard to traffic, 24 units are not going to move the needle on any type of denial or adjustments based on traffic. That is not enough additional cars coming and going. Regarding all of the environmental concerns, that is not our jurisdiction. That is the Conservation District and DEP. If it were in his backyard, he would want it going in with the Conditions that had been agreed to. If it goes to court, we could lose some of those Conditions. At this point, legally, there is absolutely no legal way to deny this. Even if Council voted 5-0 to deny this, it would go to court, it would be overturned, and we’d be right back here with all of the Conditions gone and we’d have less say in the matter. Mrs. Lingg commented that it doesn’t matter whether we like it or not or what our concerns are. If it abides by everything, then it abides by everything. It has been brought to her attention how busy Wiestertown Road is with pedestrian traffic and hopes that will be conveyed to residents to be extra careful about pedestrians on that road. Upon a roll call vote: Mr. Stepanovich – yes, Mr. Dice – yes, Mr. Lemak – yes, Mrs. Lingg – yes, Mr. Diacopoulos – yes. Motion approved 5-0. ENGINEERING: None PUBLIC WORKS AND PARKS: None OLD BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: None ACTION ITEMS: None ADJOURNMENT: Mr. Stepanovich made a motion to adjourn the meeting. Mr. Lemak seconded. All those present voted aye. Motion approved. The meeting was adjourned at 8:20 p.m. vmp -6- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, August 7, 2024 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-