Borough Council

FEBRUARY 17, 2015 7830 COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on Tuesday, February 17, 2015 at 6:00 p.m. prevailing time with President Michael Moses presiding. ROLL CALL: Davis Present Marone Present Kostelnik Present Olack Present Kushner Present Stephenson Present Moses Present Seven members present, absent none. Mayor Kelly absent. CITIZENS COMMENTS ON AGENDA ITEMS: Harry Thompson 6679 Adams Avenue questioned on Agenda Item H if Bradley Matta is any relation to Solicitor Matta of the Zoning Hearing Board and Planning Commission. Mr. Kamauf replied that Bradley Matta was a West Mifflin resident and was not asked of a relationship. APPROVAL OF MINUTES: Motion by Olack, seconded by Marone that the Minutes of the January 20, 2015 Council Meeting be approved. Roll Call: Seven ayes, no nays. Motion carried. AGENDA ITEMS: A. AN ORDINANCE OF THE BOROUGH OF WEST MIFFLIN, ALLEGHENY COUNTY, PENNSYLVANIA AMENDING ORDINANCE NO. 1028 REGARDING THE USE OF PARKS AND PUBLIC LAND; RESCINDING THE PROHIBITITION OF FIREARMS.___________________________________________________________ Solicitor DiLucente opened the Public Hearing. Hearing no comments, Solicitor DiLucente closed the hearing. Motion by Marone, seconded by Stephenson the Ordinance be enacted. Roll Call: Seven ayes, no nays. Motion carried. Ordinance given No. 1195. B. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN FOR A PLAN REVISION FOR NEW LAND DEVELOPMENT FOR THE DEP SEWER PLANNING MODULE TO ALLOW FOR THE CONSTRUCTION OF THE PANDA EXPRESS LOCATED AT 2070 LEBANON CHURCH ROAD.___________________ Motion by Olack, seconded by Kostelnik that the resolution be adopted. Roll Call: Seven ayes, no nays. Motion carried. Resolution given No. 1285. C. Motion by Marone, seconded by Olack to grant a modification of Section 506.1.L of the Borough’s Subdivision and Land Development Ordinance (SALDO). The ordinance limits the length of cul-de-sac streets to a length of 400 feet. Clubhouse Drive scheduled for construction in Phase 3 of the Westwood PRD project is planned for a length of approximately nine hundred (900) feet in length to a proposed cul-de-sac. Roll Call: Seven ayes, no nays. Motion carried.  FEBRUARY 17, 2015 7831 D. Motion by Olack, seconded by Kostelnik to approve advertising and scheduling of a Public Hearing for the conditional use for Panda Express located at 2070 Lebanon Church Road. Roll Call: Seven ayes, no nays. Motion carried. E. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN, ALLEGHENY COUNTY, PENNSYLVANIA, TO CONFIRM ON RECORD THE APPLICANT (BOROUGH OF WEST MIFFLIN) HAS FORMALLY REQUESTED A GRANT, HAS DESIGNATED AN OFFICIAL TO PERFORM THE REQUIRED DUTIES BETWEEN THE APPLICANT AND THE REDEVELOPMENT AUTHORITY OF ALLEGHENY COUNTY (RAAC), HAS AUTHORIZED THE EXECUTION AND DELIVERY OF ANY AND ALL AGREEMENTS BETWEEN THE APPLICANT AND RAAC, AND HAS ASSURED, WHERE APPLICABLE, THE PROVISION OF LOCAL MATCHING FUNDING. IN ADDITION, THE APPLICANT WILL COMPLY WITH ALL OTHER PROVISIONS OF THE APPLICATION._________ Motion by Olack, seconded by Marone that the Resolution by adopted. Roll Call: Seven ayes, no nays. Motion carried. Resolution given No. 1286. F. Motion by Olack, seconded by Marone to approve the contract with Barracuda to provide off-site back-up storage of all Borough computer systems and email for a term of 5 years, at a total cost of Eleven Thousand Five-Hundred Fifty-Five Dollars ($11,555.00). Roll Call: Seven ayes, no nays. Motion Carried. G. RESOLUTION OF COUNCIL OF THE BOROUGH OF WEST MIFFLIN APPROVING THAT THE ACQUISITION AND SUBSEQUENT DISPOSITION OF A PARCEL OF VACANT PROPERTY KNOWN AS LOT AND BLOCK NUMBER 469-B-105 WOULD BE IN ACCORD WITH THE COMPREHENSIVE PLAN OF THE MUNICIPALITY (Vacant Property Lewis Run Road)._____________________ Motion by Marone, seconded by Olack. Roll Call: Seven ayes, no nays. Motion carried. Resolution given No. 1287. H. Motion by Stephenson, seconded by Kostelnik to approve the appointment of Bradley A. Matta to fill a vacancy on the Civil Service Commission, term to expire January 23, 2018. Roll Call: Seven ayes, no nays. Motion carried. I. Motion by Kostelnik, seconded by Marone to approve the Curry Hollow Storm Sewer Upgrade Contract to Niando Construction, Inc. on the basis of their low bid in the amount of One Hundred Thirty-Nine Thousand Three Hundred Sixty-Seven Dollars ($139,367.00) and recommended by the Borough Engineers. Roll Call: Seven ayes, no nays. Motion carried. DEPARTMENTAL REPORTS: Community Development………………………………………………..Walter B. Anthony Mr. Anthony read the Community Development Report for the month of January 2015.  FEBRUARY 17, 2015 7832 Police……………………………………………………………………….Chief Ken Davies Chief Davies read the Police Department Report for the month of January 2015. Chief Davies reported that on January 8, 2015, the First Commonwealth Bank in West Mifflin was robbed. West Mifflin Detectives obtained and questioned the suspect to which he confessed to committing the robbery. The FBI has taken the case and are filing appropriate charges. Chief Davies reported that the Department had applied for a mini grant through the Commonwealth of Pennsylvania for PBT Equipment (Preliminary Breath Test) to aid and assist in prevention programs through our schools. West Mifflin did receive approval for $1,000.00 which will allow us to purchase two units. Chief Davies reported that we received information that PA State Surplus had 27 sets of Haenni WL101 portable Truck Scales that can be used by our Motor Carrier Inspection Officers. We then received notification that we could obtain 3 sets. The Borough paid $1,500.00 thereby recognizing a $28,500.00 savings. The scales did come certified by the State Department of Government Services. Mr. Kostelnik questioned the response time of the Police due to the construction at the bottom of Lebanon Road. Chief Davies replied this has little impact on the Police and it has more of an impact of the EMS. Public Works…………………………………………………………………James Hess Mr. Hess read the Public Works Department Report for the month of January 2015. Mr. Moses questioned about the outstanding salt orders. Mr. Hess said he has received one outstanding salt order and has been in contact with the supplier and the Borough is still in good shape with the current supply of road salt. Mrs. Kushner asked about the RFP for recycling. Mr. Kamauf said he has finished the legal part with the Solicitor and will be ready to advertise soon. Recreation…………………………………………………………………….Anthony DiCenzo Mr. DiCenzo reported that the Father/Daughter Dance was a huge success and he thanked all who helped out that night. Mr. DiCenzo reported that the Easter event will be held on Saturday, April 4 th at West Mifflin Area High School. Mr. DiCenzo reported a grant application will be submitted to the county for their CITF Grant. This Grant will be used for the building of two full size basketball courts at the West Mifflin Community Park.  FEBRUARY 17, 2015 7833 Mr. DiCenzo reported that Community Day will be held at the Allegheny County Airport and has been approved by the County. This will be held on Saturday, August 29 th. Mr. DiCenzo presented to Council at the Caucus Meeting in February the status of the playgrounds throughout the Borough. Mr. DiCenzo reported that CCAC South Campus has been approved for a permit to use the Camden Softball Complex as their home field for their women’s softball team. The permit cost is $750.00. Mr. Kostelnik questioned if there will be a parade for Community Day. Mr. DiCenzo said this is still in discussion of how to organize the parade. Mr. Kostelnik questioned the recipient of the permit fee for the softball team. Mr. DiCenzo said they will probably donate the funds back to the league due to the fact that the complex is in need of repair. EMS…………………………………………………………………….…Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of January 2014. Chief Plunkett noted that January was the busiest month for the EMS Department especially due to falls. Chief Plunkett reported the EMS received an $18,000.00 grant from the State Fire Commissioner’s Office for an ambulance and a $2,500.00 matching grant for the State Emergency Medical Services Operating Fund for radios for the vehicle. REPORT OF THE MAYOR: No report. REPORT OF THE SOLICITOR: Solicitor DiLucente reported that there is a new interest in the sale of the old Borough Building. The two previous offers did not meet Council’s satisfaction Solicitor DiLucente also reported that his firm has looked at every Ordinance that would violate any constitutional issues as it pertains to firearms. Solicitor DiLucente said lastly that the recycling contract has been looked at. He said one of the issues is trying to meet citizen’s demands but also for efficiency of the Borough.  FEBRUARY 17, 2015 7834 REPORT OF THE ENGINEER: Mr. Antonelli reported that final revisions have been made to the drawings for the Curry Hollow Road Storm Sewer Replacement and the project was advertised for bidding. He also reported that his firm had met with Jim Hess to review problems with salt causing deterioration of concrete floors in the Public Works Building. Mr. Antonelli reported that after reviewing the Land Development Application for the Panda Express Restaurant a review letter was issued to the Borough on January 27th. Mr. Antonelli reported after meeting with Borough Officials for improvements at the West Mifflin Community Park a probable cost summary was forwarded to the Borough for preparing a conceptual design. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of January 2015. PAYMENT OF BILLS: Motion by Marone, seconded by Davis that all bills properly approved by the Finance Committee be paid. Roll Call: Six ayes, no nays. One absent (Olack). Motion carried. NEW BUSINESS: None. CITIZENS COMMENTS: Mr. Harry Thompson 6679 Adams Avenue questioned the status of the B&R Holdings situation. He wanted to know since this has been sent back to the judge is there any way the Borough can pull his Occupancy Permit. Mr. Moses stated not while this is in litigation. Mr. DiLucente commented that we don’t want to violate any court order and get sued. He said until the judge decides, this is where it stands. ADJOURNMENT: Motion by Kostelnik, seconded by Marone that the Meeting be adjourned. Meeting adjourned at 7:09 p.m. prevailing time.