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									                        MUNICIPALITY OF MONROEVILLE

                          REGULAR COUNCIL MEETING

                                 DECEMBER 9, 2008


       The meeting was called to order at 7:30 p.m. by Mayor Greg Erosenko.


       The Lord’s Prayer and Pledge of Allegiance were recited at this time.

                                     ROLL CALL

        The Recording Secretary, Sharon McIndoe, called roll and the following were
present: Mayor Erosenko, Frank Franci, David Kucherer, Ron Harvey, James Brown,
Marshall Boone, Carol McDevitt, Clarence Ramsey, Marshall Bond, Bruce Dice, Scott
Dellett, Paul Hugus, Susan Werksman, Lynette McKinney, Shawn Rosensteel and Kelly

                              APPROVAL OF MINUTES

       Council then considered approval of the minutes of the Budget Hearing of
November 6, 2008, Regular Meeting of November 11, 2008 and Budget Hearing of
December 4, 2008. There being no additions, deletions or corrections to any of the
minutes, a motion was duly made by Mr. Ramsey to approve all three sets, as submitted,
and Mr. Harvey seconded it. Upon a roll call vote, the motion carried unanimously.


       There being no questions or comments on the Reports of the Tax Collections, a
motion was duly made by Mr. Franci to approve them, as submitted, and Mr. Boone
seconded it. Upon a roll call vote, the motion carried unanimously.

                           LIST OF BILLS AND PAYROLL

       Council then considered the List of Bills in the amount of $1,009,045.20 and
Payroll in the amount of $861,998.77. Whereupon, Mr. Kucherer duly made a motion to
approve the payroll, as submitted, and Mrs. McDevitt seconded it. Upon a roll call vote,
the motion carried unanimously.

       Furthermore, Mr. Boone duly made a motion to approve the list of bills, as
submitted, and Mr. Ramsey seconded it. Upon a roll call vote, the motion carried
Regular Meeting                            2                          December 9, 2008



       There being no further discussion, Mr. Ramsey duly made a motion to nominate
Mr. John Knight from Ward 7 to the Parks and Recreation Advisory Board and Mrs.
McDevitt seconded it. Upon a roll call vote, the motion carried unanimously.

                             ZONING HEARING BOARD

        Furthermore, Mrs. McDevitt duly made a motion to nominate Mr. Robert Bell
from Ward 6 to the Zoning Hearing Board and Mr. Boone seconded it. Upon a roll call
vote, the motion carried unanimously.

                              MUNICIPAL AUTHORITY

       Further, Mrs. McDevitt duly made a motion to nominate Mr. Jack Speelman from
Ward 6 to the Municipal Authority and Mr. Harvey seconded it. Upon a roll call vote,
the motion carried unanimously.


      Whereupon, Mr. Brown duly made a motion to nominate Mr. Clarence Crone
from Ward 4 to the Recreation and Parks Advisory Board and Mr. Kucherer seconded it.
Upon a roll call vote, the motion carried unanimously.

                             PLANNING COMMISSION

       Furthermore, Mr. Brown duly made a motion to nominate Mr. Bob Kerr from
Ward 4 to the Planning Commission and Mr. Kucherer seconded it. Upon a roll call vote,
the motion carried unanimously.

                                   ETHICS BOARD

        Further, Mr. Kucherer duly made a motion to nominate Mr. Albert Nous from
Ward 2 to the Ethics Board and Mr. Franci seconded it. Upon a roll call vote, the motion
carried unanimously.

                              MUNICIPAL AUTHORITY

       There being no further discussion, Mr. Kucherer duly made a motion to nominate
Ms. Marlene Moore from Ward 2 to the Municipal Authority and Mrs. McDevitt
seconded it. Upon a roll call vote, the motion carried unanimously.
Regular Meeting                             3                          December 9, 2008

                               BIDS AND PROPOSALS

                           ENGINE 62 – HAZ MAT TRUCK

         Mr. Bond reported the first item for consideration was Engine 62 – Haz Mat
Truck replacement. He stated a report and recommendation from the Monroeville Fire
Chiefs Committee was included with the agenda. He indicated two bids were received
from Kenco Ferraro Fire Apparatus in the amount of $819,652 and a low bid from the
Emergency One Apparatus in the amount of at $816,520 with a $24,000 plus deduct for a
total of $791,720.

       There being no discussion, Mr. Harvey duly made a motion to approve the lowest
bidder and Mr. Franci seconded it. Upon a roll call vote, the motion carried


       Mr. Bond explained a previous bid had been received for this Air Truck for
Volunteer Fire Company No. 1 which was significantly higher. He indicated the fire
companies reworked the bid and it is currently at $442,935 which falls within the budget
that was set with the fire companies participating through their trade-ins. He stated the
Monroeville Fire Chiefs Committee has provided a report recommending that it be
awarded accordingly.

        Mr. Harvey inquired whether it falls within the budget and Mr. Bond answered
affirmatively if all the trade-ins are used. He stated the proposed budgeted amount was
set at $468,000 and this is $442,000 and it includes the sale of No. 6’s pumper but not
No. 3’s pumper.

       Whereupon, Mr. Boone duly made a motion to approve Company No. 1’s Air
Truck and Mr. Kucherer seconded it. Upon a roll call vote, the motion carried


        Mr. Bond reported a report was submitted to council concerning the video
monitoring system for the public safety training center and three bids were received. He
stated the low bid is from SSA Security in the amount of $27,810 and the high bid was
$104,537.92. He explained the police chief reviewed the information and recommended
the lowest bidder SSA Security. He added this bid is the recipient of a state grant from
State Representative Joe Markosek in the amount of $30,000.

       Whereupon, Mr. Kucherer duly made a motion to accept the lowest bidder SSA
Security for the video monitoring system at the public safety training center and Mr.
Boone seconded it. Upon a roll call vote, the motion carried unanimously.
Regular Meeting                             4                           December 9, 2008

                              INSURANCE RENEWALS

        Mr. Bond reported the next item was the 2009 Insurance Renewals and a copy of
the recommendation was included in the agenda and the representative from Nova
Insurance was present to answer any questions. He recommended that in accordance
with the renewal summary it be awarded to the various carriers outlined in the report.

        There being no discussion, Mr. Kucherer duly made a motion to accept the 2009
Insurance Renewal summary, as presented, and Mrs. McDevitt seconded it. Upon a roll
call vote, the motion carried unanimously.


        Mr. Bond reported this is a traffic calming study proposal for Jamison Lane
submitted by Trans Associates in the amount of $4,500. He explained the studies done
on Jamison Lane have warranted the traffic calming and Trans Associates will compose
several alternatives to be reviewed by staff then public hearings will be held with the
neighborhood residents to develop a mutually agreed upon arrangement.

         There being no further discussion, Mr. Boone duly made a motion to approve the
traffic calming proposal and Mr. Ramsey seconded it. Upon a roll call vote, the motion
carried unanimously.

                                    NEW BUSINESS

                                  RESOLUTION 08-72

                           DAKOTAS RESTAURANT

      A resolution approving the transfer and importation of a liquor license pursuant to
Pennsylvania Act 141 of 2000 concerning Dakotas Restaurant and Lounge, 3936
Monroeville Boulevard, Monroeville, Pennsylvania.

       Mayor Erosenko informed the public that this is a public hearing.

        Mr. Anthony Piviotto came forward representing the applicant, Dakotas
Restaurant, and introduced Kenneth Nacin and his wife, Cindy, the shareholders and
officers. He explained they successfully operated a restaurant in Shaler Township off of
Evergreen Avenue for three years and are long time residents of Monroeville. He
indicated he wants to seize the opportunity to use the former space that houses the former
Subway and a beer distributor for his business.

        Mayor Erosenko inquired whether they would be transferring a license and Mr.
Piviotto answered affirmatively. He indicated they provided a copy of the liquor license
Regular Meeting                              5                            December 9, 2008

transfer along with the Monroeville application for an inter-municipal liquor license

      Mr. Boone questioned who owns the license and Mr. Nacin answered he owned it.
Mr. Boone inquired whether they were in his name and he wanted to transfer them and
Mr. Nacin answered affirmatively. He added it is a location transfer.

      Mr. Ramsey questioned the proposed location and Mr. Nacin answered 3936
Monroeville Boulevard. He added it would be located by the Pizza Hut where the
Subway and beer distributor were located.

        Mr. Kucherer cited the Affidavit of Compliance that the type of application is a
transfer without an amusement permit but further on the liquor license application under
amusement permits, the answer was yes to whether they would permit dancing, provide
floor shows or any other entertainment. He questioned the inconsistency; Mr. Nacin
answered he currently has an amusement permit. Mr. Piviotto explained he currently has
an amusement permit and this liquor license transfer could be amended with the LCB.
Mr. Nacin indicated this would be for Karaoke or bands and he has no intention of having
a dance floor because of the insurance liability. Mr. Piviotto asserted their intention is to
transfer the license with the amusement permit.

        Mr. Kucherer referred to the section on the application concerning the importation
of liquor license where it states the number of authorized liquor licenses in Monroeville
and current liquor licenses in Monroeville. He stated there are nine authorized liquor
licenses and the application states there are forty-eight. Mr. Piviotto answered the
original authorization was nine but there are currently forty-eight and he got that
information from the liquor control board. Mr. Kucherer asserted the number of
authorized licenses is nine and Mr. Piviotto indicated it was his mistake. Mr. Kucherer
voiced his concern that Monroeville is getting too many liquor licenses and no one is
seeking to purchase any of the existing ones. Mr. Piviotto answered if the applicant did
not already own a license they would seek to purchase a new one. Mr. Kucherer pointed
out this would bring the total of liquor licenses in Monroeville to forty-nine.

        There being no further discussion, Mr. Boone duly made a motion to approve the
resolution and Mr. Franci seconded it. Upon a roll call vote, the motion carried with five
affirmative votes and two negative votes. The voting was as follows: Messrs. Franci,
Brown, Boone, Ramsey and Mrs. McDevitt voted affirmatively; and Messrs. Kucherer
and Harvey voted negatively.

                                   RESOLUTION 08-73

                             SUBDIVISION 08-6-SUB
                        OXFORD DEVELOPMENT COMPANY

        The applicant is requesting final subdivision approval for a two-lot subdivision
creating Lot 901-R-1 of 6.04 acres and Lot 901-R-2 of 4.41 acres from an existing 10.45
Regular Meeting                             6                          December 9, 2008

acre parcel. The property is located at the intersection of Mall Boulevard and Mall Circle
Drive in the C-2, Business/Commercial Zoning District.

       The Planning Commission recommended approval with conditions.

        Mr. Ben Kelly came forward representing the applicant and explained the request.
He stated this renovation of the Monroeville Expo Mart will include the creation of a new
Monroeville Convention Center at the former Wick’s Furniture Property and the
conversion of the current Expo Mart to offices. He indicated the final phase will be the
complete remodeling of the former Radisson Hotel. He explained because of the national
economic circumstance it is a unique lender’s market for real estate development and
many traditional lending sources are unwilling or unable to lend for large multi-scale
projects. He indicated the lender requested they separate the hotel structure from the
eastern half of the current Expo Mart building. He pointed out the south tower of the
hotel will be demolished and will stay with the new proposed parcel. He explained the
current parcel includes a little over 10 acres and encompasses the eastern edge of the
Expo Mart building as well as the Radisson Hotel and the south wing of the hotel. He
stated they are proposing a demarcation line that cuts through what was once a party wall
from the original hotel building and broken through when the expo mart was added in the
earlier 1980s. He asserted they would be re-establishing the separation of uses leaving
two loading docks for the Expo Mart and two loading docks for the hotel. He indicated
they have adequate parking per the zoning code for the hotel structure as well as the Expo
Mart building and soon to be office use. He explained they do not foresee any need to
sell them as separate parcels and Oxford has no plans to sell them but adequate parking
would be available for those separate uses if that should ever happen.

        There being no further discussion, Mr. Harvey duly made a motion to approve the
resolution and Mr. Kucherer seconded it. Upon a roll call vote, the motion carried

                                  RESOLUTION 08-74

                                 SITE PLAN 08-15-ST
                                  JOSEPH M. KNAPP

       The applicant requested site plan approval to construct a 5,606 square foot
building for warehouse and storage uses and associated site improvements. The proposed
development is located on Old Frankstown Road on a 2.13 acre parcel in the M-1,
Planned Manufacturing Zoning District.

       The planning commission recommended approval with conditions.

         Mr. Joseph Knapp, the applicant, came forward to explain his request. He stated
it is approximately 5,800 square feet of warehouse storage space.
Regular Meeting                              7                           December 9, 2008

        Mayor Erosenko inquired what the building would be used for and Mr. Knapp
indicated it would be used for storage of trucks. He indicated he has two spaces to rent
for storage. Mayor Erosenko questioned whether his business was trucking and Mr.
Knapp answered he does cement work but it would be for his trucks and machines.
Mayor Erosenko inquired whether there are any stipulations on the type of rental that is
permitted and Mr. Dellett answered this was the first he heard of the applicant’s intention
to rent. Mayor Erosenko again voiced his concerns for the permitted uses in the rental

        Mr. Ramsey questioned what would be stored and Mr. Knapp answered he has
five trucks, two machines and trailer. Mr. Ramsey inquired whether his intention is to
use the rental in the same manner and Mr. Knapp answered affirmatively.

       Mayor Erosenko was concerned that hazardous material would be stored there
and Mr. Knapp answered it is zoned light industrial. He added it meets all the zoning

      Mr. Brown felt his insurance carrier would require language in the leasing
agreement that the tenant not use the storage for hazardous or illegal material.

       Mr. Harvey inquired whether the only fuel in the buildings would be in the
vehicles and Mr. Knapp answered affirmatively. He explained most of his work is on the
road and he was just going to try to earn extra income from the rental.

        Mr. Kucherer questioned whether the applicant would be interested in giving a fee
in lieu of a sidewalk and Mr. Knapp answered affirmatively. He explained how
PennDOT does not want a sidewalk in their right-of-way so it would have to be moved
back up on the hillside where a lot of trees are located. He also indicated that he would
be trying to make the site as green as possible with pervious concrete and radiant heat
flooring that is operated by running water. He offered $2,000 in lieu of the installation of

       Mr. Dellett informed the applicant he must submit an application for a waiver of
Ordinance No. 1016 regulating sidewalks for council action then an estimate of the fee in
lieu would be considered. Mr. Kucherer asserted that Condition No. 4 indicates that he
would comply with Ordinance No. 1016 and build the sidewalks. Mr. Dice suggested it
be approved with the condition and the applicant submit the waiver application.

        After further discussion, Mr. Harvey duly made a motion to approve the
resolution, as read, and Mr. Ramsey seconded it. Upon a roll call vote, the motion
carried unanimously.
Regular Meeting                              8                            December 9, 2008

                                    ORDINANCE 2433

                                    REZONING 08-1-Z

        The applicant is requesting the rezoning from C-2, Business/Commercial to R-5
Multi-Family Residential of 14 parcels totaling 16.27 acres designated as Allegheny
County Lot and Block Nos. 856-K-179, 856-K-213, 856-K-8, 856-K-10, 856-K-297,
856-P-237, 856-P-245, 856-P-253, 856-P-261, 856-P-128, 856-P-134, 856-P-140, 856-P-
145 and 856-P-150. The subject parcels are bounded by Mosside Boulevard to the east;
property now or formerly owned by Parkvale Bank to the north, Fox Plan Road to the
west, properties now or formerly owned by Magdalen M. Brown and Lukas J. and Melisa
A. Eichelberger to the south; and properties now or formerly owned by R. Roof VI, LLC
and De Marco Development Company, L.P. to the southeast. The applicant requested the
rezoning to permit a proposed 333,798 square foot hospital.

       Mr. Bill Sittig, attorney, came forward representing UPMC and commented how
proud he was to present this proposal for this site at the second busiest intersection in the
commonwealth. He briefly reviewed his familiarity with the site with the casinos and
Wal-Mart. He suggested the proposed project brings a new use and presence to the
community and residents. He asserted it also solved the problems of the site. He
explained the location of the site, fronts on Mosside Boulevard, is 16.2 acres and is
abutting an existing R-5 site with large multi-family residential. He stated it is not spot
zoning even though there are surrounded by C-2 uses except for the R-5 to the west. He
reported the staff and consultants were very cooperative in working on the many changes.
He gave an overview of the process to consider rezoning for the hospital use.

        Mr. Sittig asserted there is a question about the comprehensive plan with the
interpretation that C-2 is out towards Route 22 and the medical institutions were back
around Gateway High School and Forbes Regional Hospital. He stated the director of
community development interpreted it as saying the current professional, medical and
educational center is shown on Map 2 with the end at Northern Pike. He suggested that
the comprehensive plan states, the future land use scenario intends to promote the north
center segment of Mosside Boulevard as the focal point for medical and professional
office related uses. The area will serve as an important center for the residents of
Monroeville and the region. He pointed out that is the intent of this proposed project as
explained as the future use in the comprehensive plan. He suggested the county
economic development did not consider the future use when it stated this use is not
within Map 2. He also pointed out they misinterpreted that the property was included in
the comprehensive plan as part of the Business Route 22 corridor because those only
included property fronting on Route 22. He suggested their intent is to follow the
comprehensive plan and the R-5 zoning classification complies with it.

       Mr. Sittig addressed the concern for down zoning the property. He stated it could
be up zoned once it is a hospital regardless of what happens with the comprehensive plan
or zoning ordinance in the future.
Regular Meeting                              9                          December 9, 2008

         Mr. Sittig explained how when the process started they presented the most
aggressive view of what they wanted to propose and through the planning process, the
proposed facility is now 20 percent smaller and less traffic would be generated. He stated
they have an approved traffic study from PennDOT and the municipality with one waiver
on one traffic movement but it considered the maximum use of the property. He
suggested this is an ideal use for the site because UPMC is committed to the mitigation of
traffic and because a hospital will generate minimal traffic. He reported their traffic
study complies with the actual plan and they will not request any traffic waivers from
PennDOT. He stated the applicant is willing to commit as a condition of approval that
they will develop the site as proposed and not request any PennDOT waivers.

        Mr. Sittig further explained what they have planned for the storm water
management will far exceed the ordinance. He reported they have committed to
acquiring a substantial amount of other property so they can follow the best management
practices to reduce the storm water impact on a site that currently has zero storm water

       Mr. Sittig addressed that the 752 space parking garage will be larger than what is
needed without using the Parkvale Building parking. He explained the conditional use
should state that it would be up to 752 parking spaces. He indicated the site plan will be
reviewed again in more detail and will be further defined.

        Mr. Boone inquired how many levels were proposed for the garage and Mr. Sittig
answered six. He added those would not all be above ground but from Fox Plan Road it
would only look like it is two stories. He explained the side view of the garage looking
down Fox Plan Road toward Route 22 where it is very steep, the garage would fill a hole.
He stated because of the topography they will be able to minimize the visual impact of
the garage to the surrounding community.

        Mr. Sittig questioned whether the interpretation has changed from what they were
advised by the director of community development regarding the comprehensive plan.
Mr. Dice verified that his interpretation is consistent with what he discussed with the
planning director and reading of the comprehensive plan. He explained the
comprehensive plan is a living document that continues to evolve and is continually
reviewed with the current circumstances. He suggested the comprehensive plan may be
further reviewed because there are potentially other projects along Mosside Boulevard
that are medically related such as space for doctor’s offices. He agreed with his
interpretation of the comprehensive plan as presented.

        Mayor Erosenko clarified that a comprehensive plan is a recommendation and
council is not required to follow it. Mr. Dice advised that it is a common standard that
comprehensive plans are recommendary in nature and are a guide to the municipality and
are not the final words of the court. He also indicated comprehensive plans are not
reasons to reject projects; it is a guide not the law.
Regular Meeting                             10                          December 9, 2008

        Ms. Tammy Merriman, Chief Quality Officer, came forward representing UPMC
and explained the proposed plan. She was very excited about making the presentation of
the proposal because she is a nurse and is sensitive about how hard it is to make decisions
regarding these types of issues. She suggested they are doing this project for the patients
that today are being cared for in UPMC hospitals ten or fifteen miles away. She reported
Monroeville already has 44 percent of the market share for in-patient services but those
patients travel to other areas for that care. She reviewed UPMC currently occupies over
105,000 square feet in Monroeville and they have not intention of discontinuing using
that space. She asserted their building on Oxford Drive will become fully occupied at the
end of the month with additional multi-specialty clinics and physicians who are serving
UPMC. She added the 119 physicians who currently practice in Monroeville cannot care
for their patients in their own community and have to refer them to other communities
which ties up the local EMTs transporting patients elsewhere.

        Ms. Merriman addressed the issue concerning competition and explained this is a
proposal for a 120-bed hospital which is not big enough to put any other hospital out of
business. She asserted it would only be big enough to care for the current 80 patients that
travel to other communities everyday for their care. She stated there are approximately
10 patients per day at the competitive hospital that their physicians cannot practice there
that might want to come to this facility. She suggested this proposed facility is not big
enough to put any other facility out of business; it is only about servicing people in the
community. She indicated that have reviewed the conditions that the patients have to
travel to other communities for their care and they include community based services.
She stated that they are looking to add to the medical presence in the community not
proposing to become a larger tertiary trauma center. She explained that advanced,
difficult specialty services need to be in centers where there is enough volume to create
clinical competency so they are only considering orthopedics, medicine, pulmonary care,
cardiology, urology and GI not the advance. She indicated she is proud of how UPMC
has been able to provide services in some of their other sites. She mentioned this
proposed facility would bring 300 to 400 new jobs to the community hopefully growing
to 600. She further explained how it would provide a local facility so patients would not
have to drive anywhere else for their care.

        Ms. Merriman indicated that currently UPMC is almost out of capacity and must
make some decisions in the future about their surrounding facilities because they have
consistently experienced a 3 percent growth per year. She explained that is why they are
looking at this site because of the number of patients coming out of this area. She
suggested how they are carefully considering where they want to provide their services.

        Ms. Merriman referred to the site and how it would look with the new facility
located there. Again, she stated it would be a 120-bed hospital with a 15-room
emergency department and within that department pediatric care will be provided which
will provide the community a choice. She gave a brief overview of the site. She asserted
the UPMC Surgery Center is located across the street and they are looking to relocate
those out-patient surgeries over to the hospital and backfilling that space with additional
physicians and pediatric surgery. She pointed out no one has paid them to build a
Regular Meeting                             11                           December 9, 2008

hospital and explained how it is their job to invest their profitability back into the
community. She stated they will have six ORs within the building, two for potential
growth and there are currently four at the Monroeville Surgery Center. She further
explained other services that would be provided. She also stated they wanted to enhance
the cancer care that is already provided in the community. She reviewed the second floor
would be for patient care with all private rooms and baths. She mentioned the shape of
the building is oriented with energy consumption considered.

        Ms. Merriman addressed the issue that UPMC has created their own problem by
not allowing their physicians to practice at other facilities. She felt it was only natural
that their health plan within the community has been focused to their own organization to
support UPMC. She suggested this is an effort to run a good business and take the
responsibility to see the return.

         Mr. Eric Cartwright, Vice President of Corporate Construction and Real Estate,
came forward to explain the building, storm water management on the site and traffic.
He indicated the site is located on a very prominent corner in the municipality and they
want to make an architectural statement with their building. He stated the building will
be 330,000 square feet which will be a two level base, an institutional mechanical floor
and a three-story bed tower. He suggested the building would be an institutional quality
building with glass facades, stone, brick and hard materials. He asserted all the parking
would be provided in a structured parking garage and sit in a valley so as to not take
away from the visual impact of the building. He pointed out the garage is connected to
the hospital by an enclosed garage so patients and visitors will be able to park under
cover and walk over a bridge into the hospital. He added the shown parking would be
dedicated to drop-offs, pickups and the emergency department so everyone would use the
garage. He reported they intend on registering the building with the U.S. GVC and it will
be a LEEDS certified building. He reviewed how the building will be energy efficient
and will be built in relation to positions of the sun. He proposed to use no irrigation on
the site by using native plants and low maintenance plant material. He stated the storm
water management system will consist of green gardens and bio-swales. He suggested
they intend on catching water off the roof, run it through the bio-swales and allow more
infiltration and evaporation. Mr. Cartwright mentioned light pollution and how they
would use a dark sky fixture to eliminate it. He stated they would provide a .1 foot
candle limit of light spillage and would exceed the ordinance requirements by providing
light off at the property line.

        Mr. Cartwright further explained the property currently has no storm water
management and the current use of the property has no obligation to provide it. He
proposed an on-site and off-site plan; the on-site plan is a series of rain gardens, bio-
swales and collection pools to take the storm water from the site, detain it and then run it
into the storm water detention basin at the bottom of the hill next to Dirty Creek Run; off-
site they would be picking up a lot of storm water and bringing it into the system. He
stated that would include picking it up along Fox Plan Road, from Lowe’s and Parkvale,
which currently goes through a 72-inch culvert and off of Mosside Boulevard. He
explained how they have been able to reduce the run-off peak to 75 percent of the
Regular Meeting                              12                            December 9, 2008

predevelopment release rate or 25 percent reduction in what is required currently in the
municipal code which is 100 percent release rate. He mentioned how they would be
alleviating the water problem on Mosside Boulevard.

        Mr. Cartwright indicated they have Trans Associates as traffic consultants and all
the other commercial developments proposed for this site has degraded traffic requiring
waivers. He stated they would not request any traffic waivers from PennDOT with their
current plan and traffic study. He added they would be improving traffic operations in
the vicinity of their project. He proposed three distinct traffic mitigations; the three-way
intersection that currently exists at Holiday Drive and Mosside Boulevard will become a
full four-way signalized intersection; northbound on Mosside Boulevard will create a
stacking lane and a left-hand turn with a signal to move traffic efficiently into the site and
full movements out of the site; and Mosside Boulevard will be widened to take care of
the turning lane. He added all of this would be subject to the HOP with PennDOT. He
stated the other two mitigations are at the intersection of Mosside and Northern Pike
where currently there is a right-hand turn lane only traveling eastbound on Mosside
turning right will be changed into a through and right-turn movement lane. He explained
there will be two improvements at the intersection of Mosside Boulevard and Route 22;
traveling westbound creating of a right-hand turn lane on Route 22 taking traffic onto
Haymaker Road; and going eastbound on Route 22, the dedicated right-hand turn lane
would be changed to right-hand turn and through.

       Mr. Sittig again came forward to submit a compendium of information showing
how each of the submittals, plans and studies, have met each of the conditions or the
compliance with conditional use criteria. He explained they have two other conditional
use applications related to the hospital use; the hospital use and for the height. He
pointed out they are over the required 100 foot height because their proposed building
would be 111 feet. He stated the two components to grant the conditional use is so they
can provide the additional set back foot for foot and meet the conditional use criteria.

        Mr. Sittig explained the conditional use for the intersection. He stated they have
called the intersection a separate conditional use because the hospital use is a single
conditional use for the hospital which would make Holiday Lane and Mosside Boulevard
four-lane. He asserted there will be a helicopter landing area on the roof of the hospital
and will only be used to transport emergent patients from the facility to higher level care.
He stated that would be an accessory use not a separate principle use.

        Mr. Sittig pointed out there are two minor areas where they do not comply with
the ordinance; a dimensional variance from the zoning hearing board is required on Fox
Plan Road for the underground utility substation and the underground gas tank even
though they are below ground because they are in the front within the 40-foot front yard
setback. He stated those variances are not critical and the plan can be changed if
necessary. He indicated he showed the flight paths for the helicopters and the locations
of the underground tanks and substation.
Regular Meeting                             13                            December 9, 2008

       Mr. Sittig requested council consider the information and make an immediate
decision so the applicant can move forward. He asserted they want to bring the building
down and start during the construction season.

       Mr. Franci questioned the construction schedule and about the proposed
completion. Ms. Merriman answered construction would be completed by the end of
2011 or beginning of 2012. She stated it would depend on the outcome of the current

       Mr. Ramsey inquired how this facility measured up to others of that size and Ms.
Merriman answered it is 330,000 square feet and 116 foot tall at its peak, 97 feet of just
hospital. She stated it is consistent with what a 120-bed hospital would look like in
comparison and the patient rooms are within the normal range of current new hospital
construction. She added it is not over built and adequate for the services offered. Mr.
Ramsey questioned whether it would be smaller with their changes and Ms. Merriman
explained this plan is proposed on the largest footprint with 120 beds and they do not
plan on any additional services than discussed. Mr. Sittig stated the size of the buildings
from what was initially proposed is 100,000 square feet less.

                    (A brief break was taken at this time at 9:10 p.m.)

        Mr. Dwight Ferguson, attorney, came forward representing Forbes Regional
Hospital and Dr. Balacrishnar Ragoor and Ragoor Family Holdings, LP which is the
property immediately to the south of the site of the proposed development at 4217
Northern Pike. He introduced Mr. Steven Victor a land use planner to address the zoning
aspects of the development. He felt there would be rebuttal concerning the merits of
healthcare as laid out by UPMC even though council is rezoning with conditional use
consideration applications. He agreed with the solicitor about the comprehensive plan as
being guidelines but it should not be cast aside so easily. He asserted the enabling
legislation of Pennsylvania allowing for the creation of comprehensive plans and zoning
ordinances requires amendments to the comprehensive plan if significant rezoning is
undertaken so the document does not become completely irrelevant. He suggested
people rely on a comprehensive plan and it cost so much to create that it should not be set

       Mayor Erosenko rebutted that no one on council nor the solicitor suggested
anything about throwing the comprehensive plan aside.

        Mr. Steven Victor, Victor Wetzel Associates, came forward representing Forbes
Regional Hospital. He opined that the primary basis for any rezoning should come from
the municipality’s own comprehensive plan. He felt Monroeville’s updated version
should be the best guide for the community and council in making their land use
decisions. He cited the policy for reviewing rezoning on Page 17 and 18 of the plan,
“this guide will assist the decision makers in reviewing plans for new development” and
“decision makers need to examine the whole picture not just the site itself.” He pointed
most of the discussion has been about the site instead of the whole area of Route 22 and
Regular Meeting                             14                           December 9, 2008

48. He reviewed the area on a map and questioned the basis for changing this prime C-2
commercial property to R-5. He suggested the future land use plan needs to be reviewed
as prepared by the community and the comprehensive plan advises a review of the street
system proposed. He indicated there were ten different categories of land use in the
future land use plan and four of them impact Routes 22 and 48 and the UPMC site. He
identified those four critical areas as the core business district, the neighborhood
commercial, the high density residential and the professional/medical/educational center.
He reviewed from the UPMC site at Route 22 and 48 running down the easterly side of
Mosside Boulevard is the northern half of the core business district and southern half is
the neighborhood commercial. He stated the comprehensive plan specifically did not talk
about the expansion of the density residential neighborhood into this area and medical
facility should be located in the professional/medical/educational centers that is a half a
mile further down the road. He felt it was obvious that this rezoning conditional use for a
hospital on the UPMC site is not consistent with the land use districts of the
comprehensive plan.

        Mr. Victor referred to the question of the comprehensive plan regarding
streetscape and it’s interconnectivity as part of the comprehensive plan and how the
community had UDA design the streetscape initiative looking at the neighborhood area
and how it should develop. He stated a key part of that plan is the grid network system in
the paralleling street and the key connector would have been the extension of Holiday
Lane from Mosside Boulevard in a westerly direction through the entire site running
along the rear portion of Lowe’s Home Improvement store. He asserted the UPMC street
improvement plan does not continue the east/west connectivity of it. He explained it
would not be a problem if it was the first business to come into the area and it might not
be important but Lowe’s was required to implement part of the plan. He pointed out the
UPMC break would destroy that street network system. He felt based on the method of
review specified in the Monroeville Comprehensive Plan, the UPMC rezoning and
conditional use proposals should be denied for their inconsistency with the
comprehensive plan future land use map and streetscape plan.

        Mayor Erosenko suggested one of the most important things council has is to
consider is whether the use proposed by UPMC fits into the neighborhood. He felt it
does because there is already an application to build physicians’ office buildings in that
corridor and more medical offices are in the area. He disagreed that this was destroying
the integrity of the neighborhood and did not comply with the comprehensive plan.

         Mr. Ferguson disagreed and suggested it is up to the planning commission and
council to establish guidelines as to how the municipality should be developed; Mayor
Erosenko felt that is what council is doing. Mr. Ferguson argued against having an
applicant request something that is inconsistent with the plan resulting in a patch work
development when the municipality hired experts, and UDA, to develop
recommendations, set aside areas that are already medical and institutional districts and
rather than deplete those districts, and direct the development toward the appropriate
districts in accordance with the development plan.
Regular Meeting                             15                          December 9, 2008

        Mr. Franci inquired whether a hospital or medical facility is a future use for the
area and Mr. Victor answered negatively. He explained hospitals were to be located in
the blue colored zone which is the professional/medical office area. Mr. Franci
questioned whether there is a provision in the plan that in the future the medical corridor
may expand in that direction. Mr. Victor answered he heard it for the first time that night
from the solicitor and he did not see it in the comprehensive plan when he reviewed for
this meeting. Mr. Franci asserted that is the municipal solicitor’s opinion and he would
follow it. Mr. Victor disagreed because if the comprehensive plan speaks strongly to
where hospitals should be located and does not speak to this particular site or rezoning it
to R-5, maybe something should have been done besides picking the R-5 because it was
convenient with the hospital use in it allowed 100 feet height and touched other R-5 so as
to not be spot zoning. He suggested R-5 may not be the appropriate zoning. Mr. Franci
questioned what zoning would be appropriate and Mr. Victor answered C-2. Mr. Franci
argued that was a future use.

        Dr. Daniel Carter, Family Practice Physician, came forward to state he has
practiced in Monroeville since 1992. He indicated he was on the Forbes staff and sold
his practice in 2002 to UPMC and lost 30 percent of his patients and he was marked as a
bad physician. He felt it is all about patient choice and he attends four nursing homes in
the area and he practices geriatrics as a secondary specialty. He pointed out UPMC
insurance carriers cannot go to Forbes and the people in the community should be given
the option of using an UPMC facility. He felt competition would be healthy for the
hospital environment and he compared this to local restaurants and car dealerships. He
supported UPMC and felt it offered a choice for the patients.

        Mr. Kucherer commented that on Page 23 of the comprehensive plan under
summary and professional/medical and educational center where it states the future land
use intends to promote the north central segment of Mosside Boulevard as a focal point
for medical and professional office related uses.

        Dr. Balakrishan Ragoor came forward to state he has a family practice located on
Whitehead Lane crossing Northern Pike. He explained he was with the Forbes System
but he has practiced in this area for many years practicing on patients from UPMC and
Forbes. He was concerned about the safety in the area because he has many elderly
patients that have difficulty making the turn from Whitehead Lane to Northern Pike. He
voiced his concern for the additional storm water runoff from this large development
because his property is 30 percent lower than the proposed site.

        Mayor Erosenko indicated there has been a water problem in that area for a very
long time and this proposed development will significantly improve the storm water
management system. He also suggested a previously proposed retail use would have
brought much more traffic to the area. Again, Dr. Ragoor was concerned about the heavy
rainy season and how much his property currently gets flooded. Mayo Erosensko felt this
proposed development would help correct the problem. Further discussion ensued
regarding the flooding in the area.
Regular Meeting                              16                           December 9, 2008

        Mr. Dice asserted the rezoning is being considered at this time and those issues
would be discussed under the site plan review. He explained how the municipal
ordinances are very specific about storm water and he suggested he review the
requirements with the staff. He advised that traffic would not be a paramount concern for
a court to consider because it is a nonspecific kind of objection for a conditional use. He
suggested his concerns for storm water management and traffic should be addressed
during the site plan review process.

         Ms. Kate Neely, a resident of 124 Hahn Lane, came forward to express her
opinion. She reported she is a family practice physician for Allegheny General. She
indicated she understood about bringing a business into the community and a beautiful
green building at that site but she felt Monroeville does not need another hospital. She
pointed out healthcare does not need the hospital and the cost of the hospital would be
absorbed in the healthcare costs. She stated healthcare is nonprofit, the money comes
from small businesses and people who pay insurance. She added this hospital would be
beautiful but it would not generate taxes. She felt the demand was created by UPMC and
is artificial. She explained she cannot admit patients to a UPMC facility because she is a
physician with the West Penn Allegheny Health System but must send them to
Shadyside. She stated the UPMC physicians are not allowed to admit to an Allegheny
facility but as a doctor, she goes to their hospitals because she wants to provide for her
patients. She reported UPMC started limiting the choice for doctors and patients and are
now using that to say there is a demand in Monroeville. She asserted healthcare does not
work like car dealerships or restaurants. She felt by having an additional hospital would
make healthcare costs go up and increase the quality of health. She inquired whether the
zoning change should be made and whether or not a hospital is needed. She suggested
the comprehensive plan does not allow for another hospital in the area but the description
read by Councilman Kucherer included the use of medical/professional office space not
hospital. She stated it is not in the best interest of the community.

        Mrs. Lois Drumheller, a resident of Scott Drive, came forward to point out 30 of
the 50 states go through a certificate of need process affective since 1997 and has not
existed in Pennsylvania. She reported there have been bills since 2007 in Pennsylvania to
reintroduce the CON process. She asserted looking back on the concentration of
economic powers and corporations and as a healthcare practitioner, it would benefit her
to have UPMC on that corner. She felt this vote, with the resubmitted traffic study that
has not been reviewed and the forthcoming site plan, should be tabled. She disagreed
that anyone should be pushed to demolish a building and have an immediate vote because
of a schedule. She stated the CON process was meant to be able to evaluate. She was
concerned with the traffic issues that would be generated by the site and it should be
tabled for further review.

        Mayor Erosenko inquired whether she was in favor or against the issue. Mrs.
Drumheller explained she was in favor of tabling and examining it further because of
safety issues. She felt it is an excellent idea but voiced her concerns about the location.
She favored healthy competition but suggested healthcare should not act like a big
business and again suggested it be tabled.
Regular Meeting                             17                          December 9, 2008

        Mr. Harvey reviewed this issue since she brought it up and where an article from
the Florida State University of Law of why congress abandoned this certificate of need.
He read, four years after the enactment, congress repealed this mandate to interrelated
concerns spurred their decision; the law failed to reduce their aggregate healthcare cost
and was beginning to produce detrimental affects on communities. Mrs. Drumheller
inquired what was referenced and Mr. Harvey answered it was from the US Congress
noting why they repealed the law. Mrs. Drumheller asserted 30 states have the process
and Mr. Harvey added almost all of them are being modified. Mrs. Drumheller pointed
out the bill is introducing some things and questioned whether he reviewed Bill HB 305;
Mr. Harvey answered negatively.

        Mr. Scott McWilliams, a resident of 2214 Ramsey Road, came forward to express
his concerns about the traffic at the site intersection. He inquired whether any sort of a
noise study was being done because he was concerned about ambulances and the
helicopter. Mr. Dice answered those issues would be considered with the site plan
review. Mr. McWilliams questioned whether this would be a tax free site and Mr. Dice
answered the property would be tax free of property tax but felt other taxes would be
generated. Mr. McWilliams inquired whether any study is being done to determine
whether that shortfall will be recouped. Mr. Dice was uncertain about a study but
indicated they have submitted documentation indicating what taxes would be generated.

       Ms. Lydia Courrado, a resident of 419 Garden City Drive, came forward to
express her concerns about the site intersection. She could not understand why no one
would want to put a commercial entity at the busiest intersection in this part of the state
to generate taxes. She stated when she first came to Monroeville there was a lot of
industry and now there is none. She felt it was a beautiful rendering of the corner but
another hospital was not needed. She questioned the 300 jobs and where they would find
enough people to run the hospital. She suggested there should be more citizen’s input.
Mayor Erosenko advised her to contact her councilman and Mr. Ramsey reported he
received over 100 calls. She asserted that if people need care, they will travel where they
can be served. She could not understand why the hospital is being built for 80 patients
and voiced her concerns for the surrounding hospitals. She felt it should be tabled to
allow additional input.

        Mr. Dice advised the site plan cannot be considered until the rezoning is
approved. He explained it is required by law that it must be advertised and posted which
have been met under the municipalities planning code. He stated council may consider
readvertising for additional input but the advertising requirements have been met. Again,
he indicated traffic, storm water and noise will be discussed during the site plan process
but not until the rezoning is approved.

       Mr. Chris Mosher, a citizen and market planner, came forward to express his
opinion that there is no healthcare need in this area. He stated he works for Allegheny
General and High Mark. He reported that when he worked with Allegheny General,
UPMC’s goal was to surround and bury Allegheny General and their tactics have been to
Regular Meeting                              18                           December 9, 2008

do that. He indicated there is a bed surplus capacity at Forbes. He agreed that it should
be tabled to review the certificate of need to determine whether there is a need for the
services. He was concerned with this new hospital intercepting any patients from
accidents on the Turnpike or Parkway that would be going to Forbes. He spoke about
how UPMC threatened other hospitals about their affiliation. Mr. Harvey explained that
all the trauma patients would be sent elsewhere. Further discussion ensued about where
patients would be transported. Mr. Harvey asserted that in all his experience, Forbes
makes their decisions on where to send the patient on the injuries or the nature of the
problems. Mr. Mosher questioned whether the problem has been reviewed from a
healthcare, planner perspective because he felt the demographics of it were important.
He stated there is a surplus of beds in the region and UPMC would not have any qualms
about putting Forbes out of business.

         Mr. Zack Zobust, Vice President of SCLU Healthcare Pennsylvania, which has
the largest unit of healthcare workers in the state with over 20,000 members, came
forward. He stated it has workers from both UPMC and West Penn Allegheny Health
System and wanted to present a perspective of those healthcare members. He indicated
the construction of this new hospital could have an adverse patient impact because it
would jeopardize patient care in underserved areas like Braddock and McKeesport. He
asserted this proposed new hospital focuses on the more affluent suburb areas where
patients have insurance. He pointed out how UPMC pledges to spend millions on this
hospital and on the ones in the North Hills but Braddock and McKeesport are struggling
as well as the Southside. He felt those communities would have welcomed this level of
investment in those facilities. He added there is already a high level of acute care facility
in the Monroeville area. He was concerned about staffing the hospital and filling the
beds. He suggested this proposal to build a new hospital points to the flaws and
inefficiencies in the broader healthcare system, both for the patients and workers in the
communities. He argued about UPMC indicating they would be meeting an existing need
but it was created by them with their for profit, subsidiary health plan which covered
admissions to non-UPMC hospital prohibiting patients from using Forbes Regional
Hospital. He asserted this new facility would only add to the healthcare costs in the area
because the businesses that purchase healthcare would have to subsidize two hospitals in
the corner of the county rather than one. He added everyone would pay for the costs of
the project in the form of higher healthcare costs. He reviewed how the facility would be
nonprofit and tax exempt. He stated this is a healthcare system based on a business
model instead of how it was portrayed a poor healthcare delivery model based on choice
and competition that leads to higher quality and lower costs. He suggested this proposal
does not have to do with choice and competition but rather about squeezing the
competition in the area of West Penn Allegheny Health System. He felt this proposed
facility would have damaging affects on the workers, families and the community at
large. He agreed these are difficult economic times but he found it rare that UPMC
would act to uphold and focus on patient and community interest alone. He urged
council to do that in this case for the sake of the patients in Monroeville, healthcare
workers and their families throughout southwestern Pennsylvania.
Regular Meeting                              19                          December 9, 2008

        Ms. Cheryl Dutka came forward to explain she does not work for UPMC or
Forbes. She felt it was a great design and she loved the green aspect and the storm water
management. She suggested this is a facility that a community could be proud of having
but she questioned whether this community needed it. She requested council listen to
everything and especially for what is not being said. She appreciated their honesty about
any expansion in the future. She disagreed they would need 750 parking spaces in the
parking garage and was concerned about the proposed six levels. She addressed the
private rooms with enough room for a family member could be reverted to another bed.
She questioned why they are closing existing hospitals when UPMC says they are out of
capacity. She pointed out how Monroeville residents would not want to go to the city for
healthcare and she questioned why the surrounding hospitals were not being utilized. She
addressed the issue of tying up EMS workers making transports downtown and inquired
whether most transports are done by private companies. Mr. Harvey answered
emergencies are not but scheduled transports are done by private companies. Ms. Dutka
suggested these transports would be profitable to the community because the costs would
be reimbursed by insurance companies. She again suggested many things need to be
considered and requested council hears both what was said and alluded to. She referred
to UPMC as Universal Packman Center that gobbles up all the little dots in its path. She
suggested they are veracious and insatiable. She stated she would not compare them to a
gorilla but more to the Al-Qaida of healthcare.

        Dr. Frank Costa, came forward to report he is in practice and he would not read
his prepared statement because of a lot of things that were said at the meeting. He stated
UPMC had a beautiful presentation with statistics and facts and then a resident compares
them to Al-Qaida. He disagreed with the person who stated this facility would help
increase healthcare costs instead of diabetes, obesity or hypertension or the 40 million
uninsured patients. He suggested the facility would provide people with needed care and
could offer prevention plans to bring down healthcare costs. He stated hospitals are
having trouble surviving because the government and insurance companies determine
how much it gets. He asserted these statements were made to touch emotions. He
pointed out these same arguments were made in 1992 when he opened a surgery center
about the duplicity of healthcare, the rise in healthcare costs and how the services were
not needed in the community. He reported he has tens of thousands of patients from the
surrounding communities, the tri-state area and all over the world. He stated UPMC
bought the surgery center and took it to the next level resourcing it and putting money
behind it with their reputation. He suggested this is not about competition but about
patient choice and giving care to people and those who deserve and need it. He felt it is
needed in the community and suggested it would raise the standard of the provided care.
He again stated UPMC is not Al-Qaida and he supported the hospital.

         Dr. Candavitti, a resident of Monroeville for 28 years, came forward to report he
is a private practitioner and firmly believes in competition. He agreed it is patient choice
and explained how the internet affects it. He stated people will go anywhere for the best
services for a child or loved one. He indicated they are not like Al-Qaida by killing
people and it is a shame to call them that. He explained how he used to work for the
beautification of Monroeville, how this site is currently desolate and this new building
Regular Meeting                              20                           December 9, 2008

will improve it. He felt bringing UPMC to Monroeville will be a good thing for the

         Dr. LaDonna Fuge, a resident of 2566 Haymaker Road, came forward to report
she is a clinician in the community in Forbes Regional and West Penn Allegheny. She
indicated how fortunate they are that $20 million has been invested in them over the past
few years. She stated how she has experience with her children and there currently is a
pediatrician in Forbes around the clock in the emergency room. She suggested this
community currently has facilities that are variable and have been invested in by the
community and state. She explained how she brought her parents to live here in
Monroeville even though she serves at other hospitals in the area. She was happy so
many residents came to the meeting to express their concerns. She pointed out there are a
lot of emotions and issues that have not yet been addressed. She suggested the issue be
reviewed more thoroughly over the next few weeks or a month to look at the details that
have been submitted for safety reasons because decades have been spent in an existing
facility that is providing care. She also suggested traffic needs to be reviewed and the
other items that have not been fully vetted.

        Ms. Delores Zenkowski, a resident of almost 47 years, came forward to report
how she has watched Monroeville grow. She could not see any reason to put an
unnecessary tax free entity there which will take away from a lot of the taxes from
businesses that are being bought out. She was concerned about the traffic and she
explained how hard it is to get from her house by Levin’s to the mall. She repeated that
she is concerned about the taxes and traffic. She disagreed with her hometown accepting

        Mrs. Madge Brown, a resident of 120 Fox Plan Road for 30 years, came forward
to explain her home is immediately adjacent to the proposed UPMC. She indicated that
she is not adverse to it but she had a number of issues. She pointed out that it is not just a
large facility but will operate around the clock. She stated the multi-level parking garage
will be adjacent to her property and she was concerned about lights in her windows from
the parking lot lights and cars, the gas fumes from cars, and the noise from cars entering
and exiting Fox Plan Road and the noise from vents and water drainage. She reported
there are a series of underground springs and she wanted to make sure they are properly
diverted because her property currently does not get any of the drainage. She indicated
the paid parking issue has not been addressed and she was concerned because if there is,
people will use Lowe’s, Ivanhoe and Fox Plan Road. She explained how Fox Plan Road
is a two lane road and there is no parking except one small portion near Lowe’s. She
asserted how it is a safety issue because Fox Plan Road has fire trucks, ambulances,
school buses and large supply trucks. She explained how large vehicles cannot make the
turn from Fox Plan Road to Ivanhoe without obstructing the on-coming lane because it is
not wide enough. She was concerned about the employee-only exit onto Fox Plan Road
for 300 employees but now they are proposing 600. She expressed her concern for the
exit and entrance from the UPMC employee parking lot when the shifts change because it
does not come out at Ivanhoe Drive with a straight across, several maneuvers have to be
made. She reported most of the tenants of Ivanhoe Apartments are elderly with their
Regular Meeting                              21                           December 9, 2008

parking located across the street and she felt it was a safety concern with all the traffic.
She mentioned the traffic light at Lowe’s going onto Route 22 is always backed up. She
questioned what safety controls would be placed on the helicopter pad on top of the

        Dr. Michael Kolig, a resident of Monroeville for 15 years and a cardiac surgeon at
Forbes and West Penn Hospitals and the medical director of the heart and vascular center,
came forward to oppose this duplication of services for many reasons. He questioned
where the logo would be placed on the building and Mr. Dice asserted these questions are
more proper for site plan review. Dr. Kolig agreed it is about the choice and the
duplication of service is about the fact that patients do not have choice because a UPMC
patient can only be admitted to a UPMC hospital. He urged UPMC that any heart
patients can come to Forbes any time regardless of their insurance. He stated Forbes will
soon be able to take care of stroke patients and Level II trauma center patients. He
explained how the duplication of services makes it more difficult because there is only so
much money to distribute and it will take money away from Forbes to offer these

        Ms. Janice Olzweski, a resident of 101 Asbury Court, came forward to express
her concerns about safety issues. She urged council to listen to the people from the
renowned land use company about the comprehensive plan and land use. She felt the
safety issues brought forward by the residents are valid concerning Fox Plan Road and
Route 48. She inquired whether additional right-of-ways would be required for the land
needed for the proposed lanes for traffic flow and she wanted to know who would pay for
them. She suggested all the facts should be reviewed to make sure the traffic plans are
approved and the exact information is submitted from the applicant. She felt the parking
garage should be downsized if it is not needed so it would comply with the zoning and
the other conditional use would not be needed. She pointed out the property is still
generating property taxes even though it is vacant and she wanted to know if a decision
must be made at this time in its current condition. She reported many people have
spoken for political reasons, employment reasons or competition but also the residents
living in the community.

        There being no one further to come forward, Mr. Dice closed this portion of the
public hearing.

         Mr. Kucherer indicated how he reviewed the planning commission meeting, heard
the testimony tonight, was Chairman of the Comprehensive Plan Committee, and
involved with the streetscape issues. He reported how he reviewed two other plans
adopted by Monroeville, the zoning ordinance re-adopted in January 21, 1952 and the
first comprehensive plan adopted on December 13, 1962. He read a statement from the
transmittal and acknowledgement of that plan, “it is hoped that the citizens who read this
report will recognize the complexities involved in the preparation and implementation of
the plan for Monroeville.” He read from the forward, “as time goes by there will be a
need for consideration of updating the plans and revising them in view of changing
circumstances.” He stated at that time there was a significant portion of undeveloped
Regular Meeting                             22                          December 9, 2008

land in Monroeville and there was a clearly defined Neighborhood No. 8 which was the
complete vacant development of Ward 2 on the Haymaker Road area. He felt it was
amazing how it was followed. He reported the second comprehensive plan was adopted
in the early 1980s, Ordinance No. 1091 and because the development was based on the
first comprehensive plan, there were concerns about the environment such as storm
water, erosion, and traffic. He read, the high volumes of traffic focused on Monroeville
attract new businesses and development which in turn attract more traffic. He stated
more traffic creates more business which is why Monroeville has a beautiful business
downtown center. He referred to Page 80 where it states, the quality of development was
brought forth in a variety of ways, the need for improved visual appearance of Route 22
commercial corridor is one. He pointed out that even back in the 1980s, they wanted to
make Route 22 aesthetically pleasing to make it easier on the environment. He asserted
there was a significant decrease in vacant land development since the first comprehensive
plan of the 1960s. He stated this is the third comprehensive plan adopted in 2006 or every
20 years and the zoning ordinance is a work in progress. He indicated council adopted
Resolution No. 03-06 the streetscape project for Monroeville which is a well documented
goal and plan and some of the concepts include shared parking, landscaping, reduction of
curb cuts and a town center which would be open around the clock. He pointed out the
Miracle Mile Shopping Center is the proposed town center and there are gateways,
defined as follows: a gateway is an entrance corridor that heralds the approach of new
landscape and defines the arrival point as a destination. A midway gateway is envisioned
as being the town center and part of the town center was the current location of the Palace
Inn because this location provides the first impression to the municipality. He stated the
plan provides a future land use map indicating a significant acreage that would be zoned
professional, medical and educational center or new business zoning district. He stated
this is in addition to the commercial C-2 and C-3.

        Mr. Kucherer found it hard to find any negatives attached to the plan after
listening to the planning commission and council meeting. He felt it complies with the
vision and the residents have provided input for the plan and council has repeatedly
adopted with resolutions, streetscaping and comprehensive plans.

       Mr. Harvey reported he has thought about it for several days and received
numerous telephone calls and heard all the comments. He felt there are laws that council
must follow concerning business meetings that prevent them from being bias and he
could not see anything UPMC presented that has not met the requirements.

       Whereupon, Mr. Kucherer duly made a motion to approve Rezoning Application
No. 08-1-Z and Mr. Franci seconded it. Upon a roll call vote, the motion carried with six
affirmative votes and one negative vote by Mr. Ramsey.

        Mr. Brown suggested this meeting went in a completely different direction that
what he had anticipated. He addressed the comment about Al-Qaida that it was
completely uncalled for and inappropriate. He reviewed how he serves as a Chief Petty
Officer in the United States Naval Reserves and how he was in New York City two days
after September 11 and can still smell the jet fuel. He stated how a week after that he
Regular Meeting                             23                          December 9, 2008

buried a lieutenant in State College who was killed in the pentagon attack. He indicated
how many of his brothers and sisters have served over there; doing everything they could
and that Al-Qaida was the scourge of the earth. He took issue with how anyone could
compare this to them. He was adamant that it was completely off the topic, uncalled for
and despicable.

       Mr. Harvey also took issue with the comment and agreed with Councilman
Brown. He indicated as a fire fighter on his own time for the past 38 years, he lost 383
brothers on September 11 and he resented the fact that anyone was related to Al-Qaida.

        Mayor Erosenko expressed his appreciation to Councilman Brown for his
comments. Mr. Kucherer also commended Councilman Brown and commented about
how he volunteered for the United States Army in 1972, he was stationed in West
Germany where they had to worry about a Bader-Meinhof terrorist gang attacking the
military installations.

                                  RESOLUTION 08-75

                               SUBDIVISION 08-7-SUB
                                UPMC SUBDIVISION/
                               CONSOLIDATION PLAN

       The applicant is requesting final subdivision approval for a reverse subdivision
combining 14 parcels to create a new lot area of 17.27 acres on property located at 2775
Mosside Boulevard presently in the C-2, Business/Commercial Zoning District; and
requesting to rezone the property to an R-5, Multi-Family Residential Zoning District.

        There being no further discussion, Mr. Brown duly made a motion to approve
Subdivision Application No. 08-7-SUB and Mr. Kucherer seconded it. Upon a roll call
vote, the motion carried unanimously.

                                  RESOLUTION 08-76

                              CONDITIONAL USE 08-6-C

       The applicant is requesting conditional use approval pursuant to Section 401 of
the Monroeville Zoning Ordinance No. 1443, as amended, for a 333,798 square foot
hospital proposed at 2775 Mosside Boulevard on property totaling 16.27 acres. The
property is presently located in the C-2, Business/Commercial Zoning District and is
requesting to rezone the property to R-2, Multi-Family Residential.

        Whereupon, Mr. Franci duly made a motion to approve Conditional Use
Application No. 08-6-C and Mr. Kucherer seconded it. Upon a roll call vote, the motion
carried unanimously.
Regular Meeting                             24                          December 9, 2008

                                  RESOLUTION 08-77

                              CONDITIONAL USE 08-7-C

        The applicant is requesting conditional use approval pursuant to Section 204.1,
Conditional Uses, of the Monroeville Zoning Ordinance No. 1443, as amended,
approving a permitted use at an intersection of a major thoroughfare or transportation
artery for a 333,798 square foot hospital proposed at 2775 Mosside Boulevard on
property totaling 16.27 acres. The property is presently located in the C-2,
Business/Commercial Zoning District; and is requesting to rezone the property to R-5,
Multi-Family Residential.

        Furthermore, Mr. Kucherer duly made a motion to approve Conditional Use
Application No. 08-7-C and Mr. Boone seconded it. Upon a roll call vote, the motion
carried unanimously.

                                     RESOLUTION 08-78

                                 CONDITIONAL USE 08-8-C

        The applicant is requesting conditional use approval pursuant to Section 204.1,
Conditional Uses, of the Monroeville Zoning Ordinance No. 1443, as amended,
approving a permitted use at an intersection of a major thoroughfare or transportation
artery for a 333,798 square foot hospital proposed at 2775 Mosside Boulevard on
property totaling 16.27 acres. The property is presently located in the C-2,
Business/Commercial Zoning District; and is requesting to rezone the property to R-5,
Multi-Family Residential.

        Whereupon, a motion was duly made by Mr. Boone to approve Conditional Use
Application No. 08-8-C and Mr. Kucherer seconded it. Upon a roll call vote, the motion
carried unanimously.


                                     RESOLUTION 08-79

       A resolution authorizing the Monroeville Tax Office to collect business and local
services taxes for the Township of Wilkins.

       Mr. Bond reported this is an item worked out between the municipality and
Wilkins Township with the terms and conditions in the attached agreement.
Regular Meeting                            25                          December 9, 2008

        There being no further discussion, Mr. Harvey duly made a motion to approve the
resolution and Mrs. McDevitt seconded it. Upon a roll call vote, the motion carried

                                  RESOLUTION 08-80

       A resolution approving a release and settlement agreement with D&B Developers,

        Mr. Bond reported the agreement is attached and it has been reviewed by the
solicitor. Mr. Dice indicated six copies must be signed with corrections for typographical

                          (A brief break was taken at 11 p.m.)

     Whereupon Mr. Kucherer duly made a motion to approve the resolution and Mrs.
McDevitt seconded it. Upon a roll call vote, the motion carried unanimously.


                                  ORDINANCE 2434

      An ordinance establishing the compensation for the real estate tax collector for

        Whereupon, Mrs. McDevitt duly made a motion to approve the resolution and Mr.
Franci second it. Upon a roll call vote, the motion carried unanimously.

                                  ORDINANCE 2435

      An ordinance amending the benefits of Monroeville Exempt and Nonexempt

         Mr. Kucherer stated the memorandum council received at the work session talks
about the consternation and the different level of benefits that can cause problems among
the employees. He reported that he negotiates the contracts and is aware of who gets
what and why. He felt it unfortunate that the real picture of the true cost and benefit
levels was not shared with the rest of council. He distributed information to council
giving them a clear understanding of why the clerical union members got an increase in
their life insurance and longevity pay and why he is opposed to the ordinance. He
indicated that it is in the recent OPEB study reflecting the benefits of management versus
the benefits of clerical. He pointed out there is a huge difference between the benefit
costs for the administrative employees versus the clerical. He wanted to make sure
council received the most recent OPEB study since it is confidential. He stated given the
circumstances of future budgets, he felt it was time to examine the true cost of these
Regular Meeting                              26                           December 9, 2008

benefits. Mr. Kucherer briefly reviewed that according to the documentation he has
about OPEB costs for the school district, the City of Pittsburgh, the county and Port
Authority all together have created a $1.98 billion unfunded liability for their healthcare
retiree benefits. He was concerned about the future budgets when mandatory payments
will have to be made.

       Mr. Harvey inquired how much the total increase would be for the benefit and
Mayor Erosenko answered $4,400 per year. Mrs. Werksman answered longevity is
$4,480 and life insurance is $1,123. Mayor Erosenko added it totaled approximately

       Mr. Franci indicated he could not support it because of the current economic
times when most governments and businesses are looking to hold the line asking
management and nonunion employee to agree to no increases or contributions to benefits.

       Mr. Harvey felt there are many other ways that $6,000 could have been saved in
the budget process.

       Whereupon, Mrs. McDevitt duly made a motion to approve the ordinance and Mr.
Ramsey seconded it. Upon a roll call vote, the motion carried with four affirmative votes
and three negative votes. The voting was as follows: Messrs. Ramsey, Boone, Harvey
and Mrs. McDevitt voted affirmatively; Messrs. Brown, Kucherer and Franci voted

                                   ORDINANCE 2436

      An ordinance controlling the use of all terrain vehicles in the Municipality of

      Mr. Dice explained he made all the changes suggested and it is now a more
complete document.

     Whereupon, Mr. Harvey duly made a motion to approve the ordinance and Mrs.
McDevitt seconded it. Upon a roll call vote, the motion carried unanimously.

                    (A brief sidebar discussion was held at this time.)

                                   ORDINANCE 2437

        An ordinance amending Ordinance No. 2430, Oil and Gas Wells, of the Council
of the Municipality of Monroeville, Allegheny County, Pennsylvania amending
Ordinance No. 1443, as amended, to include Table 201, to add the land use category of
Oil and Gas Wells; Article Three, General Regulations, adding Section 306.7, Site Plan
Review for Oil and Gas Wells; Article Four, Conditional Uses and Planned
Developments, Adding Section 401.100, to provide for Oil and Gas Wells as a
Regular Meeting                              27                           December 9, 2008

conditional use and a criteria for that land use category; and Article Six, Definitions,
adding definitions for the land use category of Oil and Gas Wells.

       Mr. Brown commented this is the language he proposed from last month requiring
cyclone fence enclosures for the gas well for safety and security reasons.

       There being no further discussion, Mr. Boone duly made a motion to approve the
ordinance and Mr. Franci seconded it. Upon a roll call vote, the motion carried

       Mr. Dice explained the all terrain vehicle ordinance is an ordinance of first
impression because he could not find another community that has such an ordinance.

                                  PUBLIC COMMENTS

       No one came forward at this time to make public comment.

                                REPORTS OF OFFICIALS

                                 MANAGER’S REPORT

       Mr. Bond requested permission to support the Gateway Swimming and Diving
Boosters by placing a half-page ad in their program booklet for 2009 in the amount of

      Whereupon, Mr. Franci duly made a motion to approve the authorization and Mr.
Ramsey seconded it. Upon a roll call vote, the motion carried unanimously.

       Mr. Bond announced that a budget work shop is scheduled for December 11,
2008 at 7:30 p.m. followed by a special council meeting on December 16, 2008 to
consider the budget.

                            COUNCILMEMBERS’ REPORTS


       Mrs. McDevitt thanked Mr. Brown for his comments earlier.


      Mr. Boone indicated because this is his last meeting how nice it was to have Mr.
Harvey on council. He stated how he would miss his fire and police reports. He sent
Merry Christmas wishes to everyone and Happy New Year.
Regular Meeting                             28                          December 9, 2008


        Mr. Brown reported that it was brought to the attention of council last week about
an article in the newspaper concerning the redevelopment of residential properties. He
indicated the Turtle Creek Valley Council of Governments will be representing council
on this issue and they are uncertain whether Monroeville will qualify for much of the

       Mr. Brown wished everyone a Merry Christmas and Happy Hanukah.


        Mr. Franci thanked Councilman Harvey for his service as a fire fighter, chief and
a police officer. He felt he has been a good asset to council and could provide bantering
that led to good decisions.


        Mr. Kucherer wished everyone a Merry Christmas and Happy Hanukah. He
stated he has known Mr. Harvey for a very long time and it has been a pleasure to work
with him.


       Mr. Harvey gave his emergency call list; police department handled 1,356, fire
department handled 87 calls for service, the EMS 330 calls and the dispatch handled
1,200 administrative calls.

         Mr. Harvey thanked all of the council members for everything they have done for
the last 15 months, their patience, persistence with projects, and understanding for the
new member that needed to learn so much. He reviewed some of the issues he had to
deal with during his tenure and expressed his appreciation to council for their concerns.
He reported he never received a telephone call requesting support on a certain issue or
any attempt to influence his decision. He asserted he made all of his decisions on his
own. He thanked the council members individually and stated what a pleasure it has been
to work with them trying to make Monroeville a better place for the residents. He
thanked the members of the staff individually. He thanked the third ward residents and
indicated how he has tried to do the job he thought they wanted. He reviewed that he
passed two budgets without a tax increase, walked door to door for their opinions on the
redevelopment authority and assisted the Glenwood residents with the storm water
management problems, speeding problems on Old William Penn and did not vote for the
garbage fee increase, got stop signs posted where residents on Scott Drive requested them
posted with flashing lights, worked on the Jamison Lane issue successfully, assisting
council to get one road installed and working with the Logan’s Ferry Road residents to
get the first traffic calming project making the neighborhood safer.
Regular Meeting                            29                         December 9, 2008

       Mr. Harvey indicated that he would be running for council again in May and he
thanked his wife and daughter for being by his side. He wished everyone a Merry
Christmas and safe holiday.

                             MAYOR GREG EROSENKO

       Mayor Erosenko expressed his appreciation to Mr. Harvey. He thanked all the
residents for attending the meeting and Mr. Brown for his comments. He sent holiday
wishes to everyone.


       There being no further business to come before council at this time, a motion was
duly made by Mr. Ramsey to adjourn at 11:30 p.m. and Mr. Harvey seconded it. Upon a
voice vote, the motion carried unanimously.

                                     Respectfully submitted,

                                     Marshall Bond
                                     Municipal Manager


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