Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 2, 2025 Council of the Municipality of Murrysville held a Regular Voting Meeting and two Public Hearings on Wednesday, April 2, 2025, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Eli Diacopoulos, Dayne Dice, Jason Lemak, Jamie Lingg, Mac McKenna, Carl Stepanovich, and Mayor Synan. Also present were Chief Administrator Michael Nestico and Solicitor Wes Long. Council member Matthew Olszewski was absent. PUBLIC HEARING CU-2-25, COMMUNICATIONS TOWER, 4900 LASHER COURT, A CONDITIONAL USE APPLICATION FOR A COMMUNICATIONS TOWER, 10.712 ACRES, TAX PARCEL 49-07-00-0-263, R-R RURAL RESIDENTIAL ZONING DISTRICT A Public Hearing was held at 7:00 p.m. for CU-2-25, Communications Tower, 4900 Lasher Court, a Conditional Use Application for a communication tower, 10.712 acres, Tax Parcel No. 49-07-00-0-263, R-R Rural Residential Zoning District. A stenographer was present to record the hearing. Mr. Nestico stated that the application was received January 23, 2025. The applicant is The Towers, LLC represented by Mead & Hunt. The property for the tower is a private piece of property with a lease agreement in place. Joe Cortese spoke on behalf of The Towers, LLC, as well as Verizon Wireless, for a joint application to develop the property on Lasher Court. A very detailed project narrative was submitted which contains documentation to demonstrate compliance with the Conditional Use criteria contained in the Murrysville ordinance. The tower they are proposing to develop is 125 feet and is basically filling a gap in coverage that Verizon currently has in Murrysville. For developing new sites, Verizon and The Towers first look for tall structures, but unfortunately there are no tall structures within two miles that would be able to mount the equipment that Verizon needs to provide a signal to that surrounding area. Technology has changed in a short period of time. Towers were first built for voice purposes. What once was used as an item of luxury is now an item of necessity. Many people now work from home and need access to the internet for their business. Over 74% of US households today are wireless only. We are relying more on the network. National statistics complied by the FCC indicate that more than 80% of 911 calls are now made using wireless phones. Carriers must plan and build for that as capacity continues to increase. Verizon proposes to construct a 125-foot self-support tower with the equipment attached to the top of it within a proposed 50-foot by 50-foot fenced gravel compound. They have FAA approval and comply with all FCC standards. They meet all the setback requirements and all of the Conditional Use requirements. Exhibits presented will be incorporated into the records. The tower will be 4G with the opportunity to advance to 5G. Mrs. Lingg asked what the distance is to the closest residence to the tower. Mr. Tim Stark, United Site Development, showed a drawing of the development with the 100-foot by 100-foot leased area and 50- vmp -1- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 2, 2025 foot by 50-foot fenced proposed area along with the surrounding property lines being at least 200 feet from the leased area. The closest home would be the property owner’s home. Mrs. Lingg noted that Verizon’s application is governed by the TCA and FCC. State and local governments are prohibited from denying applications where a wireless provider establishes a need for service. Hearing no further questions from Council and no public comment from the audience, Mrs. Lingg made a motion to close the Public Hearing. Mr. Stepanovich seconded. All those present voted aye. Motion approved. The Public Hearing was closed at 7:25 p.m. PUBLIC HEARING CU-1-25, MR. HANDYMAN, 5608 WILLIAM PENN HIGHWAY, A CONDITIONAL USE APPLICATION FOR PARKING ON A LOT OTHER THAN CONTAINING THE PRINCIPAL USE, 0.662 ACRES, TAX PARCEL 49-15-00-0-045, B-BUSINESS ZONING A Public Hearing was held at 7:25 p.m. for CU-1-25, Mr. Handyman, 5608 William Penn Highway, a Conditional Use Application for parking on a lot other than containing the principal use, 0.662 acres, Tax Parcel 49-15-00-0-045, B-Business Zoning. A stenographer was present to record the hearing. Brian Almeter, Fahringer, McCarty, Grey, Inc., is representing the applicant. This property is on the north side of Route 22 between Berlin Farm Road and Rick’s Sports Bar. The property originally contained a business with an adjacent parking area. The purpose of this application is to allow the new owner to continue to use the gravel parking area primarily for a roll-off dumpster so that Waste Management wouldn’t have to back out onto Route 22. Employee meetings are held once every other week. The employees would park there with company vehicles. The purpose of the application is a Conditional Use to park on an adjoining parcel to the principal property. Mr. Almeter presented a site plan showing the roll-off dumpster pad, which would be screened with a wooden fence, and the general gravel area there now. There was a project narrative submitted for Conditional Use. The use of the area will be less intense from prior uses. The current driveway has access to Route 22. No additional traffic would be generated by this particular use. This is a business property and consistent with the commercial uses along Route 22. The intended use is proposed to comply with municipal regulations, and if not, would ask for a waiver or modification. Parking spaces will remain gravel as proposed and will only be used by employees – not customers of this particular business. Mr. McKenna asked if the owner owns both of the adjoining properties, with customer parking on one property and employee parking on the other property. Mr. Almeter answered that was correct. Mrs. Lingg asked if there were any plans to pave that parking lot. Mr. Almeter answered no. Mrs. Lingg asked if there were any plans to join the two lots. Mr. Almeter answered no, that the value of both those properties would go down. vmp -2- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 2, 2025 Mr. Nestico stated that the applicant has met much of the criteria that is required by the Municipality, but the applicant does not intend to pave the parking area. The Municipality’s position is that paving or impervious surface pursuant to the Zoning Ordinance 220-68 is required. Some of the areas in the community that do not have paved lots pre-dated the Zoning Ordinance. The Municipality has consistently and regularly required uses such as this to be paved. The Planning Commission recommends that the parking surface be paved as a condition for approval. Mr. Almeter stated that the gravel parking lot is a surface similar to concrete or bituminous concrete similar to the walking trail or the gravel parking lots at the parks. The cost to pave this would be extremely high for a small business in Murrysville. Mr. Dice noted that he feels they would have to side with the staff on this one and see what happens with the vote later. Mr. Stepanovich said that he agrees. Mrs. Lingg stated that she doesn’t think that gravel would a standard that we want to have here, especially on Route 22 pulling out and having gravel wash out on the road and kicking up. Mr. Almeter stated that PennDOT did pave the apron from the edge of Route 22 into the property a fair distance. Mr. McKenna stated that he would have to go along with staff on this. It is a big deal of setting precedence for anything in the future. If the ordinance calls for it to be paved, then it should be paved. Mr. Almeter disagreed that the ordinance indicates impervious or similar to. Mr. Lemak asked if Council would consider millings rolled as a paved surface in this case. Mr. Nestico stated that he would have to talk to the engineering department. That wasn’t something that was taken into consideration. Mr. Lemak stated that millings would be something in the middle. It’s not paved and it’s not gravel. Lisa Reeping, 6008 Brookside Drive, Export: Mrs. Reeping stated that she is the spouse of the owner. Her husband, Jeff, started this business in Murrysville 5-6 years ago. They were excited to start a small business and employ local people and serve the community of Murrysville. All they are looking to do, when they bought the property, was to use the property in the same fashion which had been a previous business with a small parking area. Waste Management had a concern with the safety of their trucks being able to get the dumpster. They wanted to beautify that lot as a reflection of their business by hiding the dumpster with a fence and putting some plantings around it. How was the business prior able to use it in that fashion and why can’t they continue to use it in the same way? Hearing no further questions from Council and no public comment from the audience, Mrs. Lingg made a motion to close the Public Hearing. Mr. McKenna seconded. All those present voted aye. Motion approved. The Public Hearing was closed at 7:55 p.m. REGULAR VOTING MEETING AGENDA PLEDGE OF ALLEGIANCE: Council President, Dayne Dice led the audience in the Pledge of Allegiance. vmp -3- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 2, 2025 ROLL CALL/VOTING ORDER: Jamie Lingg, Jason Lemak, Matthew Olszewski-absent, Mac McKenna, Carl Stepanovich, Eli Diacopoulos, Dayne Dice, and Mayor Synan. UNISTED AMENDMENTS: None CONSENT CALENDAR ITEMS: A. Approval of March 18, 2025 Council Meeting Minutes. Mrs. Lingg made a motion to approve the March 18, 2025 Minutes. Mr. Stepanovich seconded. All those present voted aye. Motion approved. MAYOR’S COMMENTS: Mayor Synan presented the following: Murrysville Clean-Up Week will be April 1st through April 12th at the Pleasant Valley Landfill. Murrysville residents may take items to the Valley Landfill on Pleasant Valley Road April 1-11 from 6:00 am to 3:00 pm and on Saturday, April 12 from 7:00 am to 11:00 am. Permit passes are available at the Reception Desk, here at the Municipal Building for anyone that would like to participate. Joey Gombosh Fishing Derby will be Saturday, April 5th from 8 am – 4 pm at Townsend Park for children up to age 15. This is in honor of Joey Gombosh. Curbside Leaf Collection Program: To schedule a pick-up on one of the collection dates, please fill out the “Curbside Left Collection Program Form” on the website. There is a 20-bag limit for each collection date. The deadline to sign up for each date is the Thursday before the pickup date: Spring pickup is Saturday, April 26th. Get to Know Your Library. Join us for the Annual Joint Meeting of the Murrysville Library and Murrysville Library Foundation Thursday, April 10th at 7:00 pm at Murrysville Community Library, 4300 Sardis Road. Light food and drinks will be available. Come welcome our new Director Kat Neidig. CHIEF ADMINISTRATOR’S COMMENTS: Mr. Nestico stated that the Public Works Department has started the prep work for the paving projects. The Recreation Department will not be doing the Easter Drive-Through Event that they had started during COVID. Over the last couple of years, it has created some difficulties with traffic on Sardis Road. They replaced that event with an Easter Egg Scramble at the MCP Wetlands. For more information go to the Parks and Recreation website. It is similar to a scavenger hunt for Easter eggs which reveal a secret code. COMMUNITY INPUT: Mr. Dice stated that this is the chance to come up and give general public comment. Robert Shepherd, 4832 Treesdale Court: Mr. Shepherd stated that he has lived here for 44 years with 24 of them where he resides now. He has a problem on his property, which he addressed to Council a few years ago. There was a subdivision built right up above him. He wants to get on the agenda and meet regarding this. He feels that the way this subdivision came to be was totally illegal and dishonest. When he came to vmp -4- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 2, 2025 Council in the past about this situation, there were a lot of things he didn’t know. He has discovered a lot of things now that he wants addressed. He has a lot of questions. He was told that this was considered a civil matter. He doesn’t agree that it was a civil matter then and doesn’t now. He wants this open for discussion again. The activity going on across his property is fraud by the developer. Murrysville approved this whole situation. His private driveway was taken as a public road. He would like to know how that happened. Mr. Shepherd submitted paperwork on the situation. Mr. Dice indicated that they would review the information and get back to him. Brad Ziegler, 5202 Edwards Road: Mr. Ziegler stated that from Cole Road to Edwards Road, there is a waterline that goes into a development called The Chateau which Chateau Road would connect to their road halfway. They would like to have a waterline connect to that. He has been working with Ron Holsopple, Engineer with MAWC, who said he will get an estimate for him. Mr. Ziegler stated that he would like to get a PA Small Water and Sewer Grant from the State, which would be anywhere from $30,000 – $500,000 to help cover that frontage mainline cost. The rest would be for small income families, which probably wouldn’t qualify most residents to get the plumbing costs from the house to the road, but would help the elderly residents. He is asking for Council’s help in guidance and advise for applying for this grant. He was told to come to Council, introduce himself, state his case, and see if the grant is available. There are approximately 13 houses on the road and no fire hydrant. Mr. Dice stated that he would talk to staff about this. If there is some way they can assist with getting money from the State, they would absolutely help and see how they can assist. Janet Pavlic, 4200 Colonial Drive: Ms. Pavlic stated that she is concerned about the communications tower. Has anyone read the Telecommunications Act of 1996 indicating why you have to vote for this? Is this a lead into 5G for that tower? Is there any way that we can get assurance that it won’t be put into a 5G tower? Mr. Dice noted that we can’t do that. The Feds take that out of our hands. Cell towers are a high litigation topic. We can tell them where they are allowed to go zoning wise, but we cannot tell them what technology they can use. Mrs. Lingg stated that she is looking at the Act and noted that no state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the Commissions regulations concerning such emissions. LIAISONS COMMENTS AND COMMITTEE REPORTS: Mr. Lemak: The Murrysville Library meeting in March was cancelled Mr. Stepanovich: Medic One met on March 20th. There were 992 ambulance details with 75 wheelchair details. They are working with State Representative Cooper on emergency entity issues and are basically looking to increase the Statewide fee schedule to increase above what Medicare is currently providing. All of the current board members were voted into the same positions that they had in 2024. They gave their wholehearted support of having K-9 Police continuance. The next meeting is April 17th. Mr. McKenna: Parks and Recreation will meet April 8th. They have two scouts that are trying to do their Eagle Scout projects. One is to possibly build flag disposal boxes – maybe using old mailboxes. The other vmp -5- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 2, 2025 project is to clear the Skena Reserve, which is very overgrown, so that the walking trails will be able to be used. Mrs. Lingg: Planning Commission meets on April 8th. Mr. Nestico noted that the Planning Commission will not have a meeting in April – there are no agenda items. Mr. Diacopoulos: No update on the Pension Committee. Mr. Dice: FTMSA meets on April 24th. WORKSHOP ITEMS ADMINISTRATION: 9.A. May 20th Council Meeting Change (Primary Day) Mr. Nestico stated that May 20th is the Primary Election. Council chambers will be utilized by the Election Bureau. He suggested moving the meeting to Wednesday, May 21st. Mr. Dice indicated that he won’t be able to make that date, but everyone else on Council was for moving the date to May 21st. ENGINEERING: None COMMUNITY DEVELOPMENT: None PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Appoint Robert Brooks to the Library Board of Directors to serve the remainder of a three-year term, said term to expire December 31, 2027. Mr. McKenna made a motion to appoint Robert Brooks to the Library Board of Directors to serve the remainder of a three-year term, said term to expire December 31, 2027. Mrs. Lingg seconded. Mr. Brooks stated that the Library is a great asset of this community and Council has always treated it that way. As being part of Council in the past, he is excited about helping the Libraray continue its asset. All those present voted aye. Motion approved. 13.B. Approve the agreement with Acrisure for actuarial services to the Municipality of Murrysville Police and Non-Uniform pension plan. Mrs. Lingg made a motion approve the agreement with Acrisure for actuarial services to the Municipality of Murrysville Police and Non-Uniform pension plan. Mr. Lemak seconded. vmp -6- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 2, 2025 Mr. Nestico stated that the Municipality had utilized Mockenhaupt for its actuarial services for several years. Mockenhaupt was purchased by Acrisure, who has taken over the account. They would like to put in place a services agreement. If the cost goes up in the plan, it might be around $3,000. Staff would like to approve the agreement with Acrisure and it can be evaluated over the next year or so and see if the costs remain similar. All those present voted aye. Motion approved. COMMUNITY DEVELOPMENT: 14.A. Approve CU-2-25, Communications Tower, 4900 Lasher Court, a conditional use application for a communications tower, 10.712 acres, tax parcel 49-07-00-0-263, R-R Rural Residential zoning district. Mr. Stepanovich made a motion to approve CU-2-25, Communications Tower, 4900 Lasher Court, a conditional use application for a communications tower, 10.712 acres, tax parcel 49-07-00-0-263, R-R Rural Residential zoning district. Mr. Diacopoulos seconded. Mr. Dice stated that he would like to vote on this tonight. Mrs. Lingg noted that the Act basically said that if we were to deny this, they would just take it to the Commission and the Commission would essentially overrule us anyways. All those present voted aye. Motion approved. 14.B. Approve CU-1-25, Mr. Handyman, 5608 William Penn Highway, a Conditional Use application for parking on a lot other than containing the principal use, 0.662 acres, Tax Parcel 49-15-00-0-045, B-Business zoning. Mrs. Lingg made a motion under staff recommendation to include paving as part of the Conditional Use to approve CU-1-25, Mr. Handyman, 5608 William Penn Highway, a Conditional Use application for parking on a lot other than containing the principal use, 0.662 acres, Tax Parcel 49-15-00-0-045, B-Business zoning. Mr. McKenna seconded. All those present voted aye. Motion approved. ENGINEERING: 15.A. Advertise Ordinance #1102-25 – FTMSA Easement at Tax Map Number 49-10-00-0-128. Mr. Lemak made a motion to advertise Ordinance #1102-25 – FTMSA Easement at Tax Map Number 49-10- 00-0-128. Mr. Stepanovich seconded. Mr. Nestico stated that there were two other easements that Council advertised and approved at last meeting. There was a third easement as part of the Haymaker Run project. Staff recommends subsequent approval to allow FTMSA to move forward on this project. All those present voted aye. Motion approved. vmp -7- THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, April 2, 2025 15.B. Approve the release of the escrow being held to ensure completion of the excess road maintenance as required by the Escrow Agreement with the Franklin Regional School District dated August 5, 2019, in the amount of $316,500. Mr. Diacopoulos made a motion to approve the release of the escrow being held to ensure completion of the Excess Road Maintenance as required by the Escrow Agreement with the Franklin Regional School District dated August 5, 2019, in the amount of $316,500. Mrs. Lingg seconded. Mr. Nestico stated that there was a third amount being held in escrow that the Municipality was unaware of which needed to be released. Everything has been satisfied. Staff recommends release of the funds which would bring the overall project to completion. All those present voted aye. Motion approved. 15.C. Approve the request from Eastern Gas Transmission and Storage, Inc. (EGTS) to enter into an excess maintenance agreement to utilize 1.34 miles of Sardis Road, 0.52 miles of Hunter Drive, and 0.59 miles of Wallace Road to replace approximately 2,000 feet of pipeline LN-25, a 20-inch natural gas pipeline. Mr. McKenna made a motion to approve the request from Eastern Gas Transmission and Storage, Inc. (EGTS) to enter into an excess maintenance agreement to utilize 1.34 miles of Sardis Road, 0.52 miles of Hunter Drive, and 0.59 miles of Wallace Road to replace approximately 2,000 feet of pipeline LN-25, a 20- inch natural gas pipeline. Mr. Stepanovich seconded. Mr. Nestico noted that the gas company anticipates truck traffic in the range of 35-40 total trucks throughout the project. They will post a bond in the amount of $30,625. All those present voted aye. Motion approved. PUBLIC WORKS AND PARKS: OLD BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: None 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 and Public Hearings were 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-