Borough Council
Regular MeetingWest Mifflin, PA · October 20, 2015
Minutes
OCTOBER 20, 2015 7870
COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the
Municipal Building Council Chambers on Tuesday, October 20, 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 present.
CITIZENS COMMENTS ON AGENDA ITEMS:
None.
APPROVAL OF MINUTES:
Motion by Olack, seconded by Davis that the Minutes of the September 15, 2015 Council
Meeting by approved. Roll Call: Seven ayes, no nays. Motion carried.
AGENDA ITEMS:
A. AN ORDINANCE PROVIDING FOR ADOPTION OF THE INTERNATIONAL
PROPERTY MAINTENANCE CODE.___________________________________
Solicitor DiLucente opened the Public Hearing.
Jim Jasinski 1 Cameron Drive questioned if this ordinance has anything to do with the
issue of the unregistered vehicles. Mr. Anthony explained this is an amendment of the
Ordinance. This is based on a three year renewal. He clarified that the resident can have
two unregistered vehicles on their property as long as the vehicle is intact. Any vehicle that
is not intact and is deemed unsafe will be tagged. After hearing no additional comments Mr.
DiLucente closed the Public Hearing.
Motion by Olack, seconded by Marone the ordinance be enacted. Roll Call: Seven ayes,
no nays. Motion carried. Ordinance given No. 1199.
B. Motion by Olack, seconded by Kostelnik to approve a Local Economy Revitalization Tax
Assistance (LERTA) application for Tech One Associates, lease holder Lowe’s Home
Center LLC, for property located at 5555 Mountain View Drive, West Mifflin. Roll Call:
Seven ayes, no nays. Motion carried.
C. Motion by Marone, seconded by Kushner to approve a Preliminary and Final Site Plan
approval for Lowes to be located at 1025 Mountain View Drive, in the Century Square
Shopping Center, as recommended by the Planning Commission. Roll Call: Seven ayes, no
nays. Motion carried.
Charles Sturdivant, a representative from Lowe’s Home Center thanked Council for their
votes. When questioned by Mayor Kelly about a starting date, Mr. Sturdivant stated they
are currently under negotiations with Tech One and have no definite dates.
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D. Motion by Kostelnik, seconded by Marone to approve advertising for a Public Hearing for
Verizon Wireless Conditional Use of a Communication Tower at 2627 Skyline Drive. Roll
Call: Seven ayes, no nays. Motion carried.
E. Motion by Davis, seconded by Marone to approve a HVAC Maintenance Contract with
BCS for the HVAC Units at the Borough Building at a cost of $4,900.00. Roll Call: Seven
ayes, no nays. Motion carried.
F. Motion by Kostelnik, seconded by Olack to approve Peter J. Caruso & Sons, Inc.,
Contractor’s Partial Payment Application, in the amount of $149,033.61 for 2015 paving
work completed. Roll Call: Seven ayes, no nays. Motion carried.
G. Motion by Olack, seconded by Kostelnik to approve a First Amendment to License
Agreement between the Borough of West Mifflin and Patton Radio for Police
Communication Tower to be installed at Lot and Block #185-R-246. (Edgewater Drive).
Roll Call: Seven ayes, no nays. Motion carried.
H. Motion by Marone, seconded by Kushner to authorize the Solicitor to draft a Towing Policy
for contractors who provide service when called upon by the Borough.
Solicitor DiLucente explained this will be a form with a standardized requirement for any
tow truck company so that Council can judge them on a fair and accurate basis so
everything will be consistent. Mr. Moses further explained Council is authorizing the
Solicitor to create this document. Roll Call: Seven ayes, no nays. Motion carried.
I. Motion by Olack, seconded by Stephenson to approve advertisement for a Demolition Bid
for the structure located at 615 Laura Avenue.
Mayor Kelly wanted clarification that all items such as old cars and boats will be taken out
with the demolition. Mr. Anthony said this will be discussed with the solicitor and should
be part of the bid. 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 September 2015.
Mrs. Kushner questioned Mr. Anthony about the property on Thomas Street. Mr. Anthony said
the Borough is currently in litigation with the resident under civil action.
Police……………………………………………………………………...…….Chief Ken Davies
Chief Davies read the Police Department Report for the month of September 2015.
Public Works…………………………………………………...…………………….James Hess
Mr. Hess read the Public Works Department Report for the month of September 2015.
Mr. Kostelnik asked about the water problem on Duquesne Ave. Mr. Hess said the water
company started replacing the line today and will also do the paving of the road.
OCTOBER 20, 2015 7872
Recreation………………………………………………….………………….Anthony DiCenzo
Mr. Dicenzo reported the following:
1. The Annual Halloween Event will take place Saturday October 24 th from 10:30-Noon at
the High School.
2. Trick or Treating will be held on Saturday, October 31st from 6-7:30 p.m.
3. The Borough received a reimbursement check in the amount of $927.00 from Jump Start
Sports from their fall baseball league.
4. On Tuesday, November 3rd, the school district will be participating in a community wide
cleanup day.
5. As of October 11th, the Community Park is officially closed for the season.
6. The Borough will host its annual Light the Night event on Thursday, December 3rd. The
ceremony will take place at the Borough Building with a reception to follow at Skyview
Firehall.
7. Beginning in November, the Recreation Committee will be accepting applications from
residents in the community who are interested in becoming a member on the Recreation
Board. The current board members 2 year term will be ending as of December 31, 2015.
Details on how to apply will be posted on the Borough webpage and social media outlets.
Mr. Marone requested that perhaps next year the Recreation Committee could look at
opening the park a few weeks earlier and close a few weeks later. Mr. DiCenzo said this will
be taken into consideration.
EMS…………………………………………………………..…………Chief Todd Plunkett
Chief Plunkett read the EMS Report for the month of September 2015.
Chief Plunkett reported that Jefferson Regional Hospital gave his department a silver
achievement for their Cardiac Care.
Chief Plunkett said the EMS will be on hand at the Halloween event.
Mayor Kelly commended Chief Plunkett and the EMS for Flu Shot Clinics held at various
locations in the community.
REPORT OF THE MAYOR:
No report.
REPORT OF THE SOLICITOR:
Solicitor DiLucente reported many of the items have already been covered and the remainder
will be reserved for the Executive Session.
REPORT OF THE ENGINEER:
Mr. Dan Jovanovich reported he has reviewed and recommended approval for payment of the
2015 Road Paving Program.
Mr. Jovanovich reported completion of the site grading design for the basketball courts at
West Mifflin Community Park has been done along with the preparation of drawings and
specifications for the bidding of the bituminous paving wearing course, acrylic surfacing,
OCTOBER 20, 2015 7873
chain link fencing and the furnishing of a water fountain. The proposal for bid should be in
by February 2016 so the related construction can start in early spring.
Mr. Jovanovich reported construction has been completed at the Curry Hollow Road Storm
Sewer Replacement. He added that he is working with Niando and Allegheny County
regarding a change order to resurface the roadway through the project site. When asked if
this change order would increase his contract fee, Mr. Jovanovich replied no. It was reported
we are still under budget from the grant.
Mr. Jovanovich reported land development plans have been reviewed for the Lowe’s Home
Center in the Century Square Shopping Center.
Mr. Jovanovich reported an email was sent on October 14th to the Borough which addresses
three options for the Public Works Building floor repair. Mr. Kamauf said he would forward
this email to all members of Council.
REPORT OF THE BOROUGH MANAGER:
Mr. Kamauf read the Finance Report for the month of September 2015.
Mr. Kamauf said he will have the finalized 2016 Budget ready for public inspection
November 1st.
Mr. Kamauf reminded everyone that next month’s work session will be changed from
Wednesday, November 11th to Tuesday, November 10th due to the Veterans Day Holiday.
PAYMENT OF BILLS:
Motion by Davis, seconded by Stephenson that all bills properly approved by the Finance
committee be paid. Roll Call: Seven ayes, no nays. Motion approved.
NEW BUSINESS:
Motion by Olack, seconded by Kostelnik to approve a change order in the amount of
$10,270.00 of grant funds to improve and finalize the project at Curry Hollow Road. Roll
Call: Seven ayes, no nays. Motion approved.
Motion by Olack, seconded by Kostelnik to approve authorizing a Civil Service Test to
advertise for an existing Sergeant’s position currently vacant. Roll Call: Seven ayes, no
nays. Motion carried.
Motion by Davis, seconded by Stephenson to approve advertising for a Public Hearing for
Century Square Theaters, Inc. for the request of a liquor license transfer into the Borough of
West Mifflin. Roll Call: Seven ayes, no nays. Motion carried.
Motion by Davis, seconded by Olack to approve the appointment of Patricia A. Ivan as
Deputy Tax Collector for the Borough of West Mifflin Real Estate Tax Collection. It was
noted that this is a new law that came into effect last year that states the Tax Collector has to
have a deputy in the event of sickness. Roll Call: Seven ayes, no nays. Motion carried.
OCTOBER 20, 2015 7874
Motion by Marone, seconded by Olack to rescind Item G from the September 2015 meeting
which was the lease of two vehicles from the Ford Motor Company. Roll Call: Seven ayes,
no nays. Motion carried.
Motion by Stephenson, seconded by Olack to give notice to the public for the sale of the
former West Mifflin Borough Building located at 3000 Lebanon Church Road to Speedway,
LLC in the amount of 1.25 million dollars in pursuant to Pennsylvania 73P-S Section 1642.
Roll Call: Seven ayes, no nays. Motion carried.
Solicitor DiLucente explained this is a non- receipt of funds and that this is to put a notice out
to the public that after the Public Announcement of the sale of the Borough Building to
Speedway, LLC for 1.25 million under state law, at least 30 days must elapse before the
Borough may authorize the private sale.
CITIZENS COMMENTS:
Keith Kovalsky 312 Division Street commented about complaints concerning towing bills
from his towing company. Mr. Kovalsky said he has nothing to hide and his records are open
for Council to see. Mayor Kelly responded by saying the Borough’s intent is to make an
equitable service when the Police call to a particular vendor in an emergency. He said we are
acting in the best interest of the residents. He went on to say currently no agreements are in
place with any vendors and the Borough wants to have guidelines in place when our Police
call for towing.
Harry Thompson 6679 Adams Avenue said the owner of the home at 615 Laura is deceased
and the vehicles have been willed to the granddaughter. Council told him if he knows this
individual to please have her call the Borough directly. Mr. Thompson also wanted to inform
Council that his neighbor has been hauling a lot of dirt out of his property.
Jim Jasinski 1 Cameron Drive wanted to commend James Hess and his crew for an
outstanding job of the roads he complained about last month. He included a comment about
a sewer cover that was fixed immediately. Mayor Kelly responded about the complaint Mr.
Jasinski had last month regarding a telephone pole located on Lower Bull Run. He agreed
with Mr. Jasinski that this pole was out of place at the bend in the road. Mayor Kelly has
contacted Duquesne Light and is waiting to hear back from them.
Mr. Jasinski also questioned about the creek that runs along Lower Bull Run Road in
relationship with the road. He wondered if guard rails could be installed after the pole is
moved. Mayor Kelly said it all depends on who owns the pole.
Mr. Jasinski questioned if anyone on Council has any recollection of what the reserve price
was on the former Borough Building. In response, Council did not disclose a reserve price.
Solicitor DiLucente said there had been no significant offers despite two auctions.
Mr. Jasinski asked if the budget has been passed for 2016. Mr. Moses said we have until
November 1st to present a budget publicly. It will then be on review for 30 days. The budget
will not be passed until December.
ADJOURNMENT:
Motion by Olack, seconded by Marone that the meeting be adjourned. Meeting adjourned at
7:30 p.m. prevailing time.
Agenda
LEGISLATIVE MEETING
WEST MIFFLIN BOROUGH COUNCIL
October 20, 2015
6:00 P.M.
1. Call to Order
2. Moment of Silent Prayer
3. Pledge of Allegiance
4. Roll Call
5. Citizen Comments on Agenda Items Only: All citizens wishing to make comments or
remarks on agenda items numbered 6, 7 or 14 will be granted three minutes.
6. Motion to approve the minutes of the September 15, 2015 Legislative Meeting.
7. Unfinished Business Requiring Official Action:
A. AN ORDINANCE PROVIDING FOR ADOPTION OF THE INTERNATIONAL
PROPERTY MAINTENANCE CODE.
Public Hearing
B. Motion to approve Local Economy Revitalization Tax Assistance (LERTA)
application for Tech One Associates, lease holder Lowe’s Home Center LLC, for
property located at 5555 Mountain View Drive, West Mifflin.
C. Motion to approve Preliminary and Final Site Plan approval for Lowes to be located
at 1025 Mountainview Drive, in the Century Square Shopping Center, as
recommended by the Planning Commission.
D. Motion to approve advertising for Public Hearing for Verizon Wireless Conditional
Use of a Communication Tower at 2627 Skyline Drive.
E. Motion to approve HVAC Maintenance Contract with BCS for the HVAC Units the
Borough Building at a cost of $4,900.
F. Motion to approve Peter J. Caruso & Sons, Inc., Contractor’s Partial Payment
Application, in the amount of $149,033.61 for 2015 paving work completed.
G. Motion to approve First Amendment to License Agreement between the Borough of
West Mifflin and Patton Radio for Police Communication Tower to be installed at Lot
and Block #185-R-246. (Edgewater Drive)
H. Motion to Authorize Solicitor to draft Towing Policy for contractors who provide
service when called upon by the Borough.
I. Motion to approve advertisement for Demolition Bid for the structure located at 615
Laura Ave., West Mifflin.
8. Departmental Reports
a. Community Development - Walter B. Anthony
b. Police - Chief Ken Davies
c. Public Works - James Hess
d. Recreation - Anthony DiCenzo
9. Report for EMS – Chief Todd Plunkett
10. Report of the Mayor - Christopher Kelly
11. Report of the Solicitor - Evashavik, DiLucente & Tetlow, LLC
12. Report of the Engineer – NIRA Consulting Engineers Inc.
13. Report of the Manager - Brian Kamauf
14. Motion to approve payment of bills as approved by the Finance Committee.
15. New Business.
16. Citizen Comments by Prior Request to be placed on the Agenda.
17. Motion to adjourn.
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