Borough Council

MARCH 15, 2016 7898 COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on Tuesday, March 15, 2016 at 6:00 p.m. prevailing time with President Scott Stephenson presiding. ROLL CALL: Kushner Absent Olack Present Marone Present Davis Present Stupar Present Kostelnik Present Stephenson Present Six members present, one absent (Kushner). Mayor Kelly absent. CITIZENS COMMENTS ON AGENDA ITEMS: Harry Thompson 6679 Adams Avenue questioned Agenda Item J. He wanted to know if there was a fee to cancel the real estate company that was handling the sale of the old Borough Building to which Mr. Kamauf replied by saying there was no fee and the Borough was able to cancel at any time. APPROVAL OF MINUTES: Motion by Olack, seconded by Davis that the Minutes of the February 16, 2016 Council Meeting be approved. Roll Call: Six ayes, no nays, one absent (Kushner). Motion carried. AGENDA ITEMS: A. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN TO CONFIRM ON RECORD THE APPLICANT (BOROUGH OF WEST MIFFLIN) HAS FORMALLY REQUESTED A CITF GRANT. Councilwoman Kushner arrived at 6:10 p.m. Motion by Olack, seconded by Marone that the Resolution be adopted. Roll Call: Seven ayes, no nays. Motion carried. Resolution given No. 1298. B. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN ADOPTING THE ALLEGHENY COUNTY 2016 HAZARD MITIGATION PLAN. Motion by Olack, seconded by Marone that the Resolution be adopted. Roll Call: Seven ayes, no nays. Motion carried. Resolution given No. 1299. C. Motion by Marone, seconded by Olack authorizing the Borough Manager to sign electric procurement contract on behalf of the Borough for electricity supply at a fixed rate for a period not exceeding 24 months. Authorization is contingent upon Premier Power Solutions, the Borough’s energy broker, providing better than current rates for utilities. Roll Call: Seven ayes, no nays. Motion carried. D. Motion by Stupar, seconded by Olack to approve payment to Mobile Radio for EMR 3 Channel Duplexer, multicoupler for new radios for the West Mifflin Police Department in  MARCH 15, 2016 7899 the amount of $10,346.40, funds to be paid from the Asset Forfeiture Account. Roll Call: Seven ayes, no nays. Motion carried. Mayor Kelly arrived at 6:15 p.m. E. Motion by Marone, seconded by Stupar to approve payment to Barracuda Backup for backup storage of Police evidence and video data in the amount of $10,346.40, funds to be paid from the Asset Forfeiture Account. Roll Call: Seven ayes, no nays. Motion carried. F. Motion by Davis, seconded by Olack to approve the Caruso two lot consolidation plan on Homestead-Duquesne Road, as recommended by the Borough Engineer and Planning Commission. Roll Call: Six ayes, no nays. Motion carried. G. Motion by Davis, seconded by Olack to approve the Palace Entertainment two lot consolidation plan which was part of the Union Railroad as recommended by the Borough Engineer and the Planning Commission. Roll Call: Seven ayes, no nays. Motion carried. H. Motion by Marone, seconded by Kostelnik authorizing the Borough Manager to advertise for Public Works Employees, pending any openings become available in conjunction the Early Retirement being offered by the Borough. Roll Call: Seven ayes, no nays. Motion carried. I. Motion by Olack, seconded by Davis to approve advertising any outstanding bids for the Community Park Basketball Courts. Roll Call: Seven ayes, no nays. Motion carried. J. Motion by Olack, seconded by Kushner to approve the cancellation of listing agreement with Kuzneski & Lockard Inc., for the property listing of 3000 Lebanon Church Road. 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 February 2016. Police…………………………………………………………..……….Chief Ken Davies Chief Davies read the Police Department Report for the month of February 2016. Chief Davies read a letter from a resident, Margaret A. Seaman who recently had a death of a family member at her residence. She commended the Police and EMS Departments for their empathy and professionalism in a difficult situation. Chief Davis also commended the EMS and Fire Departments for their quick response to the overturned tanker truck which evacuated parts of Lebanon Church Road. Public Works…………………………………………………………………James Hess Mr. Hess read the Public Works Department Report for the month of February 2016. Mr. Hess said the new asphalt patching equipment is working very well. He also reported he met with a contractor from Pennsylvania American Water to repair Duquesne Avenue due to the water problems. Mr. Olack requested Mr. Hess look at repairing the bottom of Willow Avenue. Mr. Olack believes it is a plumbing company who was working there  MARCH 15, 2016 7900 and dumped a lot of rocks. Mr. Hess said he would have to contact the plumbing company who will be responsible. Recreation……………………………………………………………Anthony DiCenzo Mr. DiCenzo reported the following: A CIFT Grant Application was submitted on February 26 th for the Adult Fitness Park Project located at the Kansas Street Playground. The Annual Easter Event will be held on Saturday, March 26 th from 10 a.m. to noon at the High School. Jump Start Sports will be hosting Soccer and T-Ball Spring leagues at Kenny Field. Cost is $60 per player. WMBL & WMYSL will be hosting their Opening Day on Saturday April 16 th at the West Mifflin Baseball complex at 10 a.m. All of Council and the Mayor are invited to attend. EMS……………………………………………………………….Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of February 2016. Chief Davies said the Interactive Ambulance teaching tool that will be used in the schools should be coming in next week and hopefully could be presented to Council for next month’s meeting for a short presentation. REPORT OF THE MAYOR: Mayor Kelly took the time to personally thank the EMS for their response for a fall he had taken in his home. Mayor Kelly was in the hospital and rehabilitation for 40 days. He said if it wasn’t for the EMS, his prognosis could have been tragic. Mayor Kelly commended the Police, EMS and Fire Departments for the stellar jobs they had successfully completed in the past few weeks. Many of these situations made the news. Mayor Kelly said the Memorial Day Celebration will be held May 28th at the Mitchell Paige Park. Mayor Kelly asked for Council Members to assist. REPORT OF THE SOLICITOR: Mr. Nick Evashavik said he has prepared a final form for the proposed Early Retirement Ordinance for certain Borough employees. This has been forwarded to the union for their approval. If and when we receive the approval, Council can move forward with the adoption process for advertising.  MARCH 15, 2016 7901 REPORT OF THE ENGINEER: Mr. John Balewski of Chester Engineering reported the Kennywood Plan and the Caruso plan have been reviewed and recommended for approval. Mr. Balewski has met with staff at the Community Park regarding potential new grant applications for an amphitheater and deck hockey rink. He is currently working on preliminary layouts and cost estimates for those projects. Mr. Balewski said contract documents are almost finalized for the basketball court at the Community Park. More direction is needed on the power source for lights and light fixtures. Mr. Balewski said he is developing options from Public Works regarding garbage truck street routing information to reduce cost and time. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of February 2016. He said the 2015 Financial Audit will begin this Monday. He added the Borough was approved and received the Act 101 Recycling Program Performance Grant for recycling. PAYMENT OF BILLS: Motion by Davis, seconded by Kushner that all bills properly approved by the Finance Committee be paid. Roll Call: Seven ayes, no nays. Motion carried. NEW BUSINESS: Motion by Davis, seconded by Olack to approve the annual dues contribution payment for CONNECT which is Congress of Neighborhood Communities in the amount of $1,558.00. Roll Call: Seven ayes, no nays. Motion carried. Motion by Marone, seconded by Olack to waive the $100.00 shelter fee for shelter #1 for the annual Lifespan Senior picnic on Tuesday, August 16 th 2016. Roll Call: Seven ayes, no nays. Motion carried. Mr. Stephenson wanted to recognize Allegheny County Councilman Robert Macey who was in attendance. CITIZENS COMMENTS: Roberta Woods 222 Camp Hollow Road stated she is still having problems with a retaining wall on Linda Lane. She was told by Mr. Anthony that Linda Lane is a private road. Mrs. Woods went to Allegheny County’s Recorder of Deeds for a copy of the Windcrest Plan from June 3 rd, 1947 adopted by West Mifflin Borough Council. Allegheny County shows West Mifflin Borough as owner of Linda Lane. She stated that according to the Borough’s ordinance, the Borough has an obligation to maintain the retaining wall since it is on Borough property.  MARCH 15, 2016 7902 Mr. Anthony responded by saying Mrs. Woods has provided a copy of the lot plan where she thinks this is proof of West Mifflin Borough’s ownership of Linda Lane. Mr. Anthony explained that the planning process of lots is proposed on paper. All plans that are approved are always constructed as such. Linda Lane was never formally adopted by the Borough Council of West Mifflin as a street. Mr. Anthony said that the copy of the plan that Mrs. Woods provided is showing that Linda Lane is a paper street which was never constructed to regulation and satisfaction of the Borough’s engineers or the Public Works Department. On paper, it is just a proposed street. Mr. Anthony looked through Borough records and Linda Lane was never adopted as a formal street. If the Borough doesn’t adopt it, we don’t own it. Mrs. Woods said this should be taken up with Allegheny County Recorder of Deeds and according to the County West Mifflin owns the street. Mr. Evashavik said he would be happy to look at her papers. He said that even though West Mifflin has maintained the street, the question isn’t about the street, it’s about the retaining wall. Mr. Anthony said the retaining wall is on the street. No one has maintained the wall and no one knows who built it. Mrs. Woods said she has tried to take care of it because she assumed it was on her property. She again said that according to our ordinance if the wall is on your property you are required to maintain it. Mr. Kamauf said the ordinance applies to the plan of homes, not the street. This is not a final plan. He said when reviewing the plan there is a road listed that does not exist. Mr. Anthony said anyone can go to the Recorder of Deeds and get copies of any plan, however this does not mean it was formally adopted. There are hundreds of paper streets in the Borough. They are on paper but not adopted streets. Mr. Stephenson asked Mrs. Woods to leave her papers with the Solicitor. He agreed this will be a priority and hopefully will be resolved. Mr. Stephenson said that going forward with citizens comments, we will try to stick to the three minute comment rule. David Rojohn 1805 Maine Avenue requested consideration for a dog park in the Borough. He said he had submitted a proposal to Mr. DiCenzo. He said he understands there are over 20 parks in the Borough and some may be consolidated or eliminated. Perhaps one of these can be considered for a dog park. Having no sidewalks, walking his dogs can sometimes be dangerous. The closest in the area is South Park which is a half hour drive. Mr. Stephenson said this will be taken into consideration after looking at the legal aspects of this matter. Mr. Rojohn said the fencing would be an expense and he would look into financial pledges from various businesses and veterinarians. Mr. Marone asked who is responsible for the dog waste at the South Park Dog Park. Mr. Rojohn said the owners are responsible. Usually there is a waste station for the dog waste. Harry Thompson 6679 Adams Avenue wanted to know if the Borough still owed money on the old Borough Building and how much. Mr. Kamauf said that because it has been refinanced a few times, he could not give an exact amount but he believed it to be around $800,000. Diane Stanesic 2803 Glenny Lane Extension stated that since there was an increase of Borough property taxes, she was told these funds will be used for additional street paving. She said she has requested several times for her street to be paved. She said the street is broken into chunks and she actually slipped and fell due to crumbling asphalt. Mr. Hess said he will be out to Glenny Lane Extension along with other members of Public Works, Mr. Kostelnik and Mr. Kamauf to assess the damage to the street.  MARCH 15, 2016 7903 James Jasinski 4100 Home Street questioned the matter with the terminated employee at the Police Department Dispatch. Mr. Stephenson clarified this was a resignation which he could not discuss due to it being a personnel matter. Mr. Jasinski wanted to know if the Borough had recouped funds. Mr. Kamauf stressed the Borough has not lost any funds in this matter. Mr. Jasinski said there is a street light out on Home Street. He had called Duquesne Light with the pole number and has had no success. He stated Public Works and the Police Department has had no success. Mayor Kelly asked Mr. Jasinski to call him with the pole number and he would contact Duquesne Light. Mr. Jasinski questioned if there were job requirements or guidelines for the open Police Dispatcher position. Mr. Stephenson said the employee goes through on the job training. Mayor Kelly said there are at least 4 pages describing what is expected of the candidate. Mr. Kamauf said he has many resumes and has reviewed them with Chief Davies. They will chose the best candidate for the position. Mr. Jasinski wanted to know how many Borough employees are on workmans’s compensation. Mr. Kamauf said this is a personnel matter and cannot discuss this due to possible legal matters. Mr. Jasinski asked Mr. Anthony what is the ratio of building permits this year compared to last year. Mr. Anthony replied by saying he did not have this information and it is too early in the year to compare to last year. He said most of the income in his department comes from Commercial Permits and that income has steadily grown in the past years. Greg Noll 132 Helena Street expressed concerns about dangerous road conditions at the intersections of Camp Hollow, Lebanon School and Livingston Roads. He said he understands there is much utility construction but the roads are a danger to public safety. He believes Lebanon School Road has not been paved in 30 years. Mr. Kamauf said he and Mr. Hess have been out evaluating roads in the past week. They then organize on a need basis and look at traffic patterns. Every year there has been a steady increase in the budget for paving. Mr. Noll asked again if these roads can be reevaluated. Jean Manning 1125 Lebanon School Road said she received a letter last month from the Pennsylvania Turnpike Commission that claimed eminent domain on her property. She understood there were about one thousand letters sent to residents around her neighborhood. Mr. Evashavik responded by stating he has a call into Sean Logan who is the Turnpike Commissioner to discuss properties that may be affected. He said the Turnpike Commission is updating the plan and it may be eminent domain. Mayor Kelly said this update has been cancelled about five times in the past. Mr. Evashavik said this time it’s more serious. He hopes to meet soon with Mr. Logan to discuss the impact this will have on West Mifflin. Mr. Kamauf reported he understands there will be a townhall meeting sometime this summer. Motion by Marone, seconded by Davis that the Meeting be adjourned. Meeting adjourned at 7:30 prevailing time.