Borough Council

OCTOBER 18, 2016 7935 COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on Tuesday, October 18, 2016 at 6:00 p.m. prevailing time with Vice President Daniel Davis presiding. ROLL CALL: Kushner Present Olack Present Marone Absent Davis Present Stupar Present Kostelnik Present Stephenson Absent Five members present, two absent (Stephenson, Marone). Mayor Kelly present. CITIZENS COMMENTS ON AGENDA ITEMS: Jim Jasinski 4100 Home Street questioned if funds for the fitness equipment could be used for something else, perhaps a library. Mr. Kamuaf explained the funds do not come from the Borough, but from the health insurance company which is part of their health and wellness program. Mr. Jasinski questioned the software license fee. Mr. Kamauf explained this is a one- time processing fee used to report health insurance costs to the IRS. Mr. Jasinski asked why there is a wage difference between school crossing guards in West Mifflin Borough and Whitaker Borough. Mr. Kamauf explained that the Borough of West Mifflin hires crossing guards for West Mifflin and the Borough of Whitaker hires crossing guards for Whitaker. Mr. Davis noted that Councilman Marone called in via phone. APPROVAL OF MINUTES: Motion by Olack, seconded by Kostelnik that the Minutes of the September 20, 2016 Council Meeting be approved. Roll Call: Six ayes, no nays, one absent (Stephenson). Motion carried. AGENDA ITEMS: A. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN, ALLEGHENY COUNTY, PENNSYLVANIA AGREEING TO THE CUSTODIAL AGREEMENTS WITH WILMINGTON TRUST/M&T BANK ASSOCIATED WITH THE POLICE AND NON-UNIFORMED EMPLOYEES PLANS AND AUTHORIZING THE BOROUGH MANAGER TO EFFECTUATE ENGAGING WILMINGTON TRUST/M&T BANK AS PENSION CUSTODIAN. Motion by Olack, seconded by Kostelnik that the Resolution be adopted. Roll Call: Six ayes, no nays, one absent (Stephenson). Motion carried. Resolution given No. 1301. B. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN, ALLEGHENY COUNTY, PENNSYLVANIA TAKING ACTION WITH RESPECT TO THE BOROUGH OF WEST MIFFLIN 457 DEFERRED COMPENSATION PLAN. Motion by Olack, seconded by Kushner that the Resolution be adopted. Roll Call: Six ayes, no nays, one absent (Stephenson). Motion carried. Resolution given No. 1302.  OCTOBER 18, 2016 7936 C. Motion by Marone, seconded by Olack to approve purchase of fitness equipment from Webster’s Fitness Products for Borough employee fitness center at a cost of Twenty-Six Thousand Four Hundred Fifty-Two Dollars ($26,452.00) PA CO-STARS #14-059. Roll Call: Six ayes, no nays, one absent (Stephenson). Motion carried. D. Motion by Olack, seconded by Stupar to approve the software license agreement between the Borough of West Mifflin and AMCA Systems, LLC for ACA TaxTract Software at a cost of $2,295.00. License fee will cover the filing requirements for 2015 tax year for IRS Forms 1095-b and 1094-c. Roll Call: Six ayes, no nays, one absent (Stephenson). Motion carried. E. Motion by Olack, seconded by Kushner to approve the lease agreement between the Borough of West Mifflin and the West Mifflin Soccer Club for use of the Soccer Complex, lease to end December 31, 2017. Roll Call: Six ayes, no nays, one absent (Stephenson). Motion carried. F. Motion by Olack, seconded by Stupar to approve the hiring of Darlene Blakely as substitute Crossing Guard at a wage of $11.22 per hour, pending successful completion of background check and clearances. Roll Call: Six ayes, no nays, one absent (Stephenson). Motion carried. G. Motion by Olack, seconded by Kostelnik to approve the termination of Employee #804. Roll Call: Six ayes, no nays, one absent (Stephenson). Motion carried. Mayor Kelly questioned Council about discussion at the last meeting of a drone purchase that was supposed to be put on this month’s agenda. He said this was agreed upon pending review of information sent to Council. Mr. Davis said he had discussed this with Councilmembers for further review. He said this was delayed for further consideration because he didn’t believe there was enough information. Mayor Kelly said any discussion with Councilmembers should have been discussed with him according to Borough Code. He said this was agreed upon at an official meeting and this was to be included in this month’s agenda. Mayor Kelly believed he was back-doored on this subject. Mr. Davis said he believed he didn’t have enough information and all he received from Chief Kelly were brochures from three manufacturers. Mayor Kelly argued this was discussed in great length and every department in the Borough could benefit by having the drone. Mr. Davis said he still would like more discussion on this subject with SHACOG but did note the Borough does have a license for the drone. Andy Quayle said we have a registered pilot in the Borough where SHACOG does not have a qualified pilot nor a certificate of authorization with the FAA. He said that the drone that SHACOG has is an older model and is located in Robinson Township. He also added the purchase of the drone would be paid out of the Federal Forfeiture Fund. Mayor Kelly added that the drone that SHACOG has doesn’t come close to the qualifications and technical ability of what we would use this for. He again said the item was approved by everyone sitting here tonight. Mr. Kamauf said it wasn’t approved. Mr. Kamauf argued just because it was discussed doesn’t set the agenda. Mr. Olack said he was in favor of the drone but questioned whether we have policies and procedures in place for the use of the drone. Mayor Kelly said once we see the capabilities of the drone we will then set policies and procedures. He said this will all be in place before it takes the first flight. Mr. Olack said he didn’t want to buy it and then find out its not capable for what is needed. He asked if Mr. Quayle can test out the drone before the purchase. Mr. Quayle added he is qualified to test out the drone and will be available.  OCTOBER 18, 2016 7937 Mr. Kostelnik asked since we have three quotes, will we go with the least expensive. Chief Davies said all three are basically the same and the one recommended is the cheapest. Mr. Olack asked if Mr. Quayle would be the only operator. Chief Davies said Mr. Quayle would train other operators since he is licensed to train as well as operate. Mr. Marone said he is in favor of the drone as long as we have all the procedures in place. Mr. Olack asked Mr. Quayle if he has ever flown this type of drone to which he answered yes he has. He said this is the best of the drone models. Mr. Quayle said along with Chief Davies, they have studied in great depth policies and procedures to be put into place. He added the FAA defines a lot of the policies as well as airspace since we are so close to the Allegheny County Airport. When asked how long it takes to train others to operate the drone, he said not long at all. Mr. Olack asked how long it will take to get the policies and procedures and wondered if the solicitor should get involved. Chief Davies said probably a month. This would be spelled out how and who could use it after training. Chief Davies said there is still substantial work to be done with the FAA but we are required to have the drone first to register with the FAA. Mr. Davis asked about liability. Mr. Quayle said this would be covered under most municipal insurance companies along with additional insurance at a minimal cost. Mr. Davies said these are all concerns that members of Council still have to address along with overtime pay for officers who are scheduled to operate the drone. He told Mayor Kelly that Council is in favor of the drone but we still don’t have all the answers yet. Mr. Davis said this will be tabled until next month and by that time we should have all questions answered. Mr. Quayle said he will try to obtain a drone for demonstration at the next work session. Solicitor DiLucente said he will be in touch with Mr. Kamauf since we are so close to the airport. DEPARTMENTAL REPORTS: Community Development………………………………………..………….Walter B. Anthony Mr. Anthony read the Community Development Report for the month of September 2016. Police……………………………………………………………………………Chief Ken Davies Chief Davies read the Police Department Report for the month of September 2016. Chief Davies said that once again the Department has been selected to participate in the next wave of the States’ aggressive driving detail. Chief Davies reminded everyone that Halloween will be Monday, October 31st from 6-7:30 p.m. and asked drivers to use additional caution. Public Works………………………………………………………….………Richard Marecic Mr. Marecic read the Public Works Report for the month of September 2016. Mayor Kelly said he spoke with the general contractor about the Homeville Bridge. He said completion should be done prior to Thanksgiving. He asked Mr. Marecic to take a look at Grant Avenue Extension which was the designated detour for Port Authority. The road is bad due to the volume of busses that traveled this detour and he believes the Borough should not be responsible for the repair. Mr. Kostelnik added that our County Councilman should be contacted  OCTOBER 18, 2016 7938 as well. He also said he is looking into a shared road with the city of Pittsburgh which needs repaired. Recreation……………………………………………………………………Anthony DiCenzo Mr. DiCenzo reported the following: a. The last phase of the Basketball Courts should be done shortly. b. A representative from Duquesne Light has asked for more information in regards to the lighting at the Basketball Courts. We should know more by the end of the year if we will be awarded the grant. c. The annual Halloween Event will be October 29th from 10 a.m. till noon at the Community Park. d. Light up night will be held December 1st. e. The Father/Daughter dance will be held February 18th at Westwood. EMS………………………………………………………………………..Chief Todd Plunket Chief Plunkett read the EMS Report for the month of September 2016. REPORT OF THE MAYOR: Mayor Kelly said most of his report has already been covered. Mayor Kelly spoke of the damage done by ATVs and dirt bikes at the Community Park. When asked if there will be a grand opening for the Homeville Bridge, Mayor Kelly said everyone he spoke to about this just wants the bridge opening without any further delay. Mayor Kelly said he spoke to Gander Mountain and was surprised to hear of their closing. He said the store is downsizing throughout the corporation. REPORT OF THE SOLICITOR: Mr. DiLucente said he has received, reviewed and analyzed the custodial agreement with Wilmington Trust/M&T Bank. Mr. DiLucente thanked Mr. Kamauf for acting on the fitness equipment. He said this is of no cost to the Borough. Mr. DiLucente said there has been no new interest in the old Borough Building. Mr. DiLucente said he is reviewing the permit for Lamar Advertising. REPORT OF THE ENGINEER: Mr. Balewski said he is reviewing subdivision plans for the old Busy Beaver lot and Home Depot. Work should be completed this week on the Community Park Basketball Court. Fencing is also expected to be done this week. Contract closeout expected by the end of the month along  OCTOBER 18, 2016 7939 with final payment. The detailed survey on the Adult Fitness Park is completed. Options for expanding the pavilion and parking at the Community Park is being reviewed. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of September 2016. Mr. Kamauf said the new budget was discussed at the work session. He said this will be advertised and he will have a proposed budget for public inspection for November 1st and then he will schedule a public hearing. Mr. Kamauf asked Mr. DiLucente if we can prohibit ATVs at the parks. Mr. DiLucente said this would have to be rationally related to the prevention of such motor vehicles. For instance, if the Borough’s insurance policy would not permit such type of activity then it could be rationally related to the prohibition. Mr. Kamauf said he would like to discuss this further with Mr. DiLucente at next month’s work session. PAYMENT OF BILLS: Motion by Olack, seconded by Kushner that all bills properly approved by the Finance Committee be paid. Roll Call: Five ayes, no nays, two absent (Stephenson, Marone). Motion carried. NEW BUSINESS: None. CITIZENS COMMENTS: Clark Callahan 718 Camp Hollow Road said he closed on his home July 2015. Prior to the purchase he questioned the side road (Linda Lane) and was told by several Borough employees this road was a Borough road down to 125 feet. His realtor checked with Allegheny County that stated it is a Borough road down 125 feet. Mr. Callahan wants to put in a driveway but because Linda Lane is in such poor shape, his home would be flooded since he is in a low spot. Mr. Anthony commented that Linda Lane had never been adopted by the Borough and is a private street. Mr. Callahan said he spoke to the inspector from the Borough who inspected the home prior to his purchase along with others in the office who told him this was a borough road. He added he would have never purchased the property if he knew this was a private road. Mr. Callahan said even if the borough repaired part of the road he would work to keep it up. Mr. Davis said the Borough will investigate this matter along with Mr. Anthony and will get back in touch with him. Jim Jasinski 4100 Home Street questioned the opening of the Lowe’s Home Improvement Store. Mr. Kamauf said the opening should be at the beginning of December. Mr. Jasinski asked if we are prepared for the upcoming winter snow removal. Mr. Marecic said we are ready to go.  OCTOBER 18, 2016 7940 Tracy and Joseph Bileck 2209 Worton Boulevard said he heard that Century III Mall was being purchased by UPMC. He also wanted to know the due date of the re-opening of the Homeville Bridge. Mayor Kelly explained we have had several discussions with potential purchasers. We’ve been asked to honor their non-disclosure clause which is not to talk about this while they’re negotiating with other parties. As far as the bridge, Mayor Kelly said it should be open by Thanksgiving. Mr. Bileck asked if the park on Kansas Street will be improved. Mr. DiCenzo said a grant will pay for the improvement of the park ADJOURNMENT: Motion by Olack, seconded by Kushner that the Meeting be adjourned. Meeting adjourned at 7:20 p.m.