Borough Council

MARCH 17, 2015 7835 COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on Tuesday, March 17, 2015 at 6:00 p.m. prevailing time with President Michael Moses presiding. ROLL CALL: Davis Present Marone Absent Kostelnik Present Olack Absent Kushner Present Stephenson Present Moses Present Five members present, two absent (Marone, Olack). Mayor Kelly present. CITIZENS COMMENTS ON AGENDA ITEMS: None. APPROVAL OF MINUTES: Motion by Kostelnik, seconded by Davis that the Minutes of the February 17, 2015 Council Meeting be approved. Five ayes, no nays, two absent (Marone, Olack). Motion carried. AGENDA ITEMS: A. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN ESTABLISHING PROCEDURES FOR COMPLIANCE WITH THE PROCUREMENT FOR PROFESSIONAL SERVICE CONTRACTS PERSUANT TO THE PROVISION OF_ACT 44 2009.______________________________________________________ Motion by Stephenson, seconded by Kostelnik the resolution be adopted. Roll Call: Four ayes, no nays, two absent (Marone, Olack), one abstention (Moses). Motion carried. Resolution given No. 1288. B. Motion by Kostelnik, seconded by Stephenson to approve the renumbering of two Ordinances that were given Ordinance #1185, in error. The 2013 General Bond Issue Ordinance will be renumbered to Ordinance #1185A and the 2014 Property Tax Ordinance will be renumbered to Ordinance #1185B. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. C. Motion by Davis, seconded by Kushner to approve Borough Manager to Execute Developers Agreement with Wendy’s for property at 2280 Lebanon Church Road. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. D. Motion by Kostelnik, seconded by Stephenson to approve purchase of 42 SigSauer, P229, 40 Caliber Handguns from SigSauer for the West Mifflin Police Force at a total cost of $27,090.00. Also approving the trade of 40 SigSauer, P229, 40 Caliber Handguns to SigSauer for $375.00 each, totaling $15,000.00 trade value. Final cost of purchase will be $12,090.00, with fund to come from Federal Forfeiture. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. E. Motion by Kostelnik, seconded by Davis to approve allowing West Mifflin Police Officers to purchase the weapon that will be replaced at full trade in cost $375.00, plus  MARCH 17, 2015 7836 any transfer cost of the weapon. Roll Call: Five ayes, no nays, two absent, (Marone, Olack). Motion carried. F. Motion by Kostelnik, seconded by Kushner to approve the purchase of evidence control software from Porter Lee Corporation for the West Mifflin Police Force at a total cost of $10,248.50, with funds to come from Federal Forfeiture. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. G. Motion by Davis, seconded by Stephenson to approve the purchase of a 2006 Chevrolet 2500 Pickup Truck from the West Mifflin Sanitary Sewer Municipal Authority at a cost of $2000.00. Roll Call, Four ayes, no nays, two absent (Marone, Olack), one abstention (Kostelnik). Motion carried. H. Motion by Kushner, seconded by Davis to approve taking to auction Public Works Vehicle D10 2001 Dodge Pickup Vin #3B7KF26Z11N278025. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. I. Motion by Kostelnik, seconded by Davis to approve Borough Manager to hire summer help in the Public Works Department. Employees selected will work no more than a total of 7680 hours and the summer help rate will be $8.00 per hour. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. J. Motion by Kostelnik, seconded by Stephenson to authorize the West Mifflin Civil Service Commission to complete testing for the hiring of new Officers and provide a Certified List to the Borough and Directing the Chief of Police to begin background checks upon receiving a Certified List. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. K. Motion by Kostelnik, seconded by Kushner to approve donation of Shelter No. 1 to Lifespan on Tuesday, August 18, 2015. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. L. Motion by Kostelnik, seconded by Kushner to approve donation of Shelter No. 3 to West Mifflin School District for Summer School Program on Thursday, July 23, 2015. Roll Call: Four ayes, no nays, two absent (Marone, Olack), one abstention (Stephenson). Motion carried. M. Motion by Kostelnik, seconded by Kushner to approve the hiring of 5 part-time workers at a rate of $10.00 per hour, under recreation, to work the summer lunch program. Roll Call: Four ayes, no nays, two absent (Marone, Olack). Motion carried. N. Motion by Stephenson, seconded by Kostelnik to approve the hiring of Patrick Donnelly to the Public Works Department as a general laborer, pending successful completion of drug and alcohol screening, work physical and background check. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. O. Motion by Kostelnik, seconded by Stephenson to approve the hiring of Michael Bonacci to the Public Works Department as a general laborer, pending successful completion of drug and alcohol screening, work physical and background check. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion Carried. DEPARTMENTAL REPORTS: Community Development……………………………………………………..Walter Anthony  MARCH 17, 2015 7837 Mr. Anthony read the Community Development report for the month of February 2015. Mr. Anthony also wanted to inform Council that the Local Economic Revitalization Tax Assistance Act (LERTA) will be brought up for discussion at the Planning Meeting next month. Police…………………………………………………………………………….Chief Ken Davis Chief Davis read the Police Department Report for the month of February 2015. Chief Davis thanked the West Mifflin Fire Departments, Baldwin and West Mifflin EMS, Allegheny County Police, McKeesport Police and the Pittsburgh Police for their actions involving the shooting on Lebanon Church Road and also with the closure of Route 837 due to flooding on March 5th. Chief Davis commented that the West Mifflin Police Department’s website recently launched a Warrant Board that netted 13 arrests. Public Works………………………………………………………………………James Hess Mr. Hess read the Public Works Department Report for the month of February 2015. Mr. Moses asked about the excess of road salt assuming the department is done with spreading for the season. Mr. Hess replied that the department has a little over 1000 tons and all shipments have been received. Recreation……………………………………………………………………..Anthony DiCenzo Mr. Dicenzo reported that the annual Easter event will be held on April 4, 2015 at the West Mifflin High School. Mr. DiCenzo reported a permit was approved by the West Mifflin School District at no fee to the Borough for the Recreation Department to host a free summer lunch program through the Allegheny County Department of Human Services at Homeville Elementary School. The Borough will be hiring 5 part time employees at $10/hour to staff the program. Mr. DiCenzo reported that he submitted a grant through Duquesne Light to purchase new scoreboards at the Camden Girls Softball Complex. Mr. Dicenzo reported Community Day will be on Saturday, August 29 th at the Allegheny County Airport from 12-6 p.m. Mayor Kelly questioned the change of date and if the condition of the Airport sidewalks and parking lots because of reconstruction. Mr. Dicenzo said the Airport approved the date and is aware of the reconstruction. Mr. DiCenzo is in contact with a representative from the Allegheny County Airport Authority. EMS………………………………………………………….……………Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of February 2014. Chief Plunket reported the EMS personal have been in swift water rescue training for the upcoming spring and summer flooding. He wanted to thank the West Mifflin School District for allowing some of the training in the High School pool.  MARCH 17, 2015 7838 REPORT OF MAYOR: Mayor Kelly reported concerns about Arnold Palmer Regional Airport where development and taxes are moving to Westmoreland County along with Beaver County. He wants to see expansion for passenger flights at the Allegheny County Airport. Mr. Moses agreed that this has been ongoing for two or three years. He hopes to see improvements due to all the Grants from the State along with the Marcellus Oil drilling. REPORT OF THE SOLICITOR: Solicitor DiLucente reported that in regards to LERTA, any zoning change has to go in front of the Planning Commission prior to the Zoning Hearing Board. Solicitor DiLucente reported pending review, the Borough will use Recycling Resources LLC of Hazelwood for the Borough’s new recyclable collector. Solicitor DiLucente said he has reviewed and prepared the Resolution for Procurement of Professional Contracts and noted that most professional service contracts do not have to be bid. However, when it comes to pensions, that has changed which means the Borough will be in compliance. Solicitor DiLucente reported the Wendy’s Restaurant Development Agreement has finally been acted upon as it pertains to the Agenda. REPORT OF THE ENGINEER: Mr. Jovanovich reported that in February the Westwood Village Project’s Developers Agreement has been forwarded to the developer. Mr. Jovanovich reviewed and suggested revisions to the Recycling Disposal RFP Specifications. Mr. Jovanovich reported working with the developer, Butch Anthony and the Borough’s Solicitor on finalizing the Developer’s Agreement for the Wendy’s Restaurant. He recommended that the Borough Council authorize the Borough’s execution of the Agreement. Mr. Jovanovich reported that Niando Construction Inc. received the go ahead for the Curry Hollow Road Storm Sewer Replacement. The Contract is to be completed within 60 days. Mr. Kostelnik questioned if there was a time frame on the demolition of Wendy’s to which Mr. Anthony replied no and it is up to Wendy’s to determine when they will tear it down. The Right of Way in front of Wendy’s was also questioned as to who owns the hillside. Mr. Anthony said that this property is owned by Tech One. An agreement with Wendy’s has been made that they will maintain the hillside and grant the Borough an easement for the West Mifflin signage. Mr. Kostelnik asked about the downtime on Wendy’s. Mr. Moses replied that we have none yet and it is the same with Panda Express. It is still in the planning process. REPORT OF THE MANAGER:  MARCH 17, 2015 7839 Mr. Kamauf read the Finance Report for the month of February 2015. Mr. Kamauf reported that only one bid for recycling collection was received. That was from Recycling Resources. The proposed rate for 2015-2019 was $0 per ton. Mr. Kamauf said the Borough will save about $40,000.00 a year. He said he would like to recommend this proposal under new business pending the Borough Solicitors final approval of contract. Mr. Kamauf reported Auditors began the Borough audit for 2014 with no findings. Additionally, the Borough has been audited by the State Auditor General’s Office on the pension plans. This should soon be completed and we will get a final report. PAYMENT OF BILLS: Motion by Stephenson, seconded by Kushner that all bills properly approved by the Finance Committee be paid. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. NEW BUSINESS: Motion by Kostelnik, seconded by Kushner to accept the proposal from Recycling Resources LLC for recycling collection pending the Borough Solicitors final approval of contract. Roll Call: Five ayes, no nays, two absent (Marone, Olack). Motion carried. CITIZENS COMMENTS: Nellie Prissley Eaves 3229 Garfield Avenue questioned the traffic signage and who should she contact. It was determined that the section of Homestead Duquesne Road under question was indeed part of the Borough and not Allegheny County. Mr. Hess said he will make a recommendation to the Safety Committee to get a sign. Her second question was in regards to vehicle ordinances and needed clarification. She said she had pictures of parked vehicles in violation. Mr. Anthony said he would handle her problem. Walter Taylor 3128 Duquesne Avenue commented on the condition of Duquesne Avenue. He did state he was appreciative of the Borough’s effort to rebuild the neighborhood of blighted properties but the condition of Duquesne Avenue is deplorable due to numerous water main breaks and the smell of gas. Mr. Moses said we are in the process of reviewing Borough roads and creating a priority list of what will be fixed this spring. Mr. Hess agreed Duquesne Avenue has had many water main breaks and he will contact the water company. Mr. Kamauf stated that the Borough has 68 miles of roads but we will get to everything we possibly can. Harry Thompson 6679 Adams Avenue questioned the time for the hearing in Judge James court in the regards to B & R Holdings. Mr. Anthony replied that this hearing was not open to the public. Richard Cecotti 1048 Kentucky Blue Drive requested to have Kentucky Blue Drive repaved. Mr. Hess said this road has been looked at and has been considered. ADJORNMENT:  MARCH 17, 2015 7840 Motion by Kostelnik, seconded by Kushner that the Meeting be adjourned. Meeting adjourned at 7:12 p.m. prevailing time.