Borough Council

MARCH 20, 2018 8031 COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on Tuesday, March 20, 2018 at 6:35 p.m. prevailing time with President Scott Stephenson presiding. ROLL CALL: Kushner Present Stupar Present Santoro Present Inglis Present Kostelnik Present Marone Present Stephenson Present Seven members present, absent, none. Mayor Kelly present. CITIZENS COMMENTS ON AGENDA ITEMS: Jim Jasinski 4100 Home Street wanted to know if nepotism had anything to do with the police hiring. Mr. Kamauf said no and this was done directly through Civil Service. Mr. Jasinski wanted to know the full address of lots for sale in Item B. Solicitor DiLucente said the lots listed were to approve the advertisements for Public Bid subject to his research and title searches. Mr. Kamauf said he will give Mr. Jasinski a full list of the addresses after the meeting. APPROVAL OF MINUTES: Motion by Marone, seconded by Kushner that the Minutes of the February 20, 2018 Council Meeting be approved. Roll Call: Seven ayes, no nays. Motion carried. AGENDA ITEMS: A. Motion by Kostelnik, seconded by Inglis, to approve Proposal from Kostovny Electric LLC to install a pole base, pole, light fixtures and run wire for security camera system at the Community Park, at a cost of Four Thousand Four Hundred Thirty-Six Dollars ($4,436.00). Roll Call: Seven ayes, no nays. Motion carried. B. Motion by Kostelnik, seconded by Marone to approve Advertisement for Public Bid for Sale of the following Borough Properties; Lot & Block: 181-S-261, 184-D-375, 306-M-40, 239-B-42, 239-B-150, and 181-H-49. Roll Call: Seven ayes, no nays. Motion carried. C. Motion by Marone, seconded by Kushner to approve the auctioning of Police Vehicle (VIN#2G1WF52K759364975), vehicle will be taken to Perryopolis Auto Auction. Roll Call: Seven ayes, no nays. Motion carried. D. Motion by Kostelnik, seconded by Marone authorizing the hiring of John Columbia III, as Patrol Officer on to the Borough of West Mifflin Police Department, contingent upon the successful completion and passing of medical/physical and psychological examinations. Roll Call: Seven ayes, no nays. Motion carried.  MARCH 20, 2018 8032 E. Motion by Marone, seconded by Kostelnik authorizing the hiring of Christopher Meyer, as Patrol Officer on to the Borough of West Mifflin Police Department, contingent upon the successful completion and passing of medical/physical and psychological examinations. Roll Call: Seven ayes, no nays. Motion carried. F. Motion by Kostelnik, seconded by Santora to approve advertisement for full time Human Resource/Payroll Specialist in the Administration Department. Roll Call: Seven ayes, no nays. Motion carried. G. Motion by Kostelnik, seconded by Marone to approve advertisement for part time receptionist. 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 2018. Police………………………………………………………..…………….Lt. Michael Ragan Lt. Ragan read the Police Department Report for the Month of February 2018. Lt. Ragan said there will be Aggressive Driving Enforcement for a 6 weeks period starting March 19th. Public Works…………………………….……………………………………….James Hess Mr. Hess read the Public Works Department Report for the Month of February 2018. Recreation…………………………………………………………………Anthony DiCenzo Mr. DiCenzo reported the annual Easter Event will be held March 31, 2018 at Community Park. This will be the official start of the opening of the Park for the 2018 season. Mayor Kelly asked Mr. DiCenzo about the Community Garden Program. Mr. DiCenzo said the two properties that will be in the program are located on Glenn Street and the Terrace Playground. Mayor Kelly added that he approached the School District about the property at the old middle school location. He said he was turned down because of the liability. He said he will continue to look for a location on the south end of the Borough. EMS.............................................................................................................Chief Todd Plunkett  MARCH 20, 2018 8033 Chief Plunkett read the EMS Report for the Month of February 2018. Chief Plunkett said he will be taking 10 paramedics to participate in swift water rescue training. Chief Plunkett said he has forwarded his yearly financial report to the Board of Directors and has no issues to report. REPORT OF THE MAYOR: Mayor Kelly spoke of a confidential memo he received from the Solicitor in regards to hiring. Mayor Kelly asked Council to consider asking Civil Service to begin the process of advertising for the hiring of Police Officers. He said he understands this may be under new business. REPORT OF THE SOLICITOR: Mr. DiLucente reported about Lot and Block, 244-F-175 which was discussed in a previous meeting. He went on to say that the property is owned by the School District and there had been back taxes. The School District wanted the back taxes stricken so they may sell the property and get it back on the tax rolls. The taxes have been stricken by the order of Judge McVay. Mr. DiLucente said he has worked on advertising for an early retirement ordinance for the Police Department. He went on to discuss the particulars that would qualify an officer for the early retirement program. Mr. DiLucente said Council asked him to review a flush tax which is common in other Boroughs. He believes this tax is masked as a fee and would be challenged under the current law. Mr. DiLucente briefly touched upon the confidential memo that Mayor Kelly talked about. He said this was in regards to the promotions within the Police Department. Mayor Kelly clarified that in regards to the promotions, veteran officers would have preference over new hires. Mr. DiLucente agreed. Mayor Kelly clarified the flush tax. He said this would not affect the average home owner but would be for properties with four or more units. He said this would bring a great deal of funds into the Borough. Mayor Kelly expressed extreme displeasure in the way the Courts handle property violations. In one case, the Borough set a fine of $18,000.00. This was many man hours of notices, court costs and solicitors’ fees. The judge reprimanded the property owner and handed him a $50.00 fine. He asked the solicitor if there is any way we can track the judges who hand out these nominal fines and see if other Boroughs have the same problem. Mr. Dilucente said unfortunately there is no consistency in the hearings. He said an ordinance can be drafted that makes it a criminal offence. Mr. DiLucente said he does not know of a mechanism where and how this can be tracked. REPORT OF THE ENGINNEER:  MARCH 20, 2018 8034 Ms. Bennett reported the Lower Bull Run Road Culvert plan to advertise for bids will begin April 6th and open the bids on May 6th. Plans to award the bid should be at the May 16th Meeting. She said she hopes to have the DEP permits in that time frame. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf said he gave Council the Financial Report for February 2018. He said the 2017 audit is currently being conducted. Mr. Kamauf said there will be an open house for the public in regards to the Mon Fayette Expressway at the Georgetown Inn in Pleasant Hills on April 3rd, 4 th & 5th from 6 p.m. to 8 p.m. Mr. Kamauf said there will be road work on Kennywood Boulevard and on the Duquesne McKeesport Bridge on ramps so expect some delays. Mr. Kamauf said he has received his final report on the pensions and they have performed very well. Mayor Kelly addressed the audits which have been done for the volunteer fire companies in the Borough. He said one company in particular has not complied with the audit and he believes we should withhold their stipend. Mr. Kamauf stressed this is not a financial audit but an audit that is done by the insurance company to address safety issues. Mr. Marone said he has spoken to officers at the fire company about this issue and will be addressed at a public safety meeting in April. PAYMENT OF BILLS: Motion by Kushner, seconded by Marone that all bills properly approved by the Finance Committee be paid. Roll Call: Seven ayes, no nays. Motion carried. NEW BUSINESS: Mr. Marone commended several residents for volunteering to clean up neighborhoods around Spring Street. Several more clean ups are scheduled in the spring. Motion by Marone, seconded by Kostelnik to approve advertising of early retirement for the West Mifflin Police Department. Roll Call: Seven ayes, no nays. Motion carried. Motion by Marone, seconded by Kostelnik to approve payment to Extreme Restoration in the amount of $105,442.00 for work performed at 3000 Lebanon Church Road. Roll Call: Seven ayes, no nays. Motion carried. Motion by Marone, seconded by Stupar to appoint the next highest candidate for the open Sergeant position according to the Sergeant Promotion test administered by the West Mifflin Borough. Motion by Inglis, seconded by Santoro to table this vote. Mr. Marone asked why  MARCH 20, 2018 8035 table it. Mr. Inglis said it is his belief that anytime a position is open for a promotion that all may test for that position. Mr. Stupar said they had their chance when the test was given last year. Mayor Kelly said the officer who is the next highest candidate has been acting Sergeant at his same rate of pay and has already tested for the position. There was much discussion of how long the previous test is valid. Mrs. Kushner said she feels that the taxpayers shouldn’t have to pay for a re-test. Mr. Inglis stressed that he has reservations about this motion and would like to give everyone in the Police Department a chance by re testing. Mr. Marone said last year they all had the chance to test for the Sergeant position and he was going by the recommendation of the Chief of Police which is why he made the motion. Mr. Kostelnik said these positions have been up for retesting many times for various reasons. It was decided to have a motion to table. Mrs. Santoro said she received a call to look at the files on the police officers. She said there is nothing in the files on performance. She added there is nothing negative or positive about the officer. She would like to see what everyone has to offer. It was decided to table the motion. Motion by Inglis, seconded by Santoro to table. Roll Call: Four ayes, three nays. Motion carried to table. Motion by Kostelnik, seconded by Inglis to approve a pay increase of $18,000.00 to Anthony DiCenzo for increased supervisory responsibility in the Public Works Department. His job responsibility will include summer help and recreation. Mr. Marone said he disagreed and requested a motion to table. Motion by Marone, seconded by Stupar to table. Roll Call: Three ayes, four nays. Motion to table fails. Roll Call for the original motion: Four ayes, three nays. Motion carried. CITIZENS COMMENTS: Bill Joyce 4104 Lebanon Church Road wanted to know if the Borough was getting a police dog. Mr. Stephenson said the previous Council voted no. Mr. Marone said the Grant was gone. Mr. Stephenson said we may revisit this in the future. It wasn’t just the cost of the dog, it also included a new K-9 car and training. Mr. Joyce said he would contribute out of his own pocket. Mr. Joyce wanted to know if the aggressive driving program will include all roads. He was told yes it will. Jim Jasinski 4100 Home Street spoke about the horrible conditions on Lebanon Church Road. Mr. Kamauf said that he along with the Police and Council have placed numerous calls to Penn Dot and was told they are aware of the situation. Mr. Jasinski asked if Council is aware of the constant water flow on Duquesne Avenue. He said there could be a potential problem of hillside damage. Mr. Hess said he wasn’t aware of this and will look at it tomorrow. Mr. Jasinski asked if there will be a hiring of a new police dispatcher. Mr. Kamauf said the dispatchers are up to staffing but he may entertain the thought of a part-time dispatcher in the future. Mr. Jasinski mentioned numerous states throughout the country that have police dogs which have been part of large drug busts. Mayor Kelly said he is quite aware of this. Mr. Stephenson said since we have new Council members that Council will look into this in the future. Harry Thompson 6679 Adams Avenue questioned whether the payment to the restoration company for the old Borough Building was paid out of the Borough’s budget or was it from  MARCH 20, 2018 8036 insurance money. Mr. Stephenson said the insurance claim is pending. Mr. DiLucente said the old building had substantial water damage and the insurance investigation continues. The Borough needs to maintain the building’s value and make sure the damage is not a safety hazard. The payment was for repairs that needed to get done. Mr. Thompson commented on the companies that collect the delinquent real estate taxes. He believes these companies should report back to our Tax Collector on who and what was paid. Mr. Kamauf said unfortunately it doesn’t work that way. He added that the Tax Collector is hired to collect taxes for the current year and has no more obligation to collect delinquent taxes after that year is over. David Rivera 128 Main Entrance Drive commented on the problems with reoccurring code violators within the Borough. He believes the Borough needs a different solution or a change in the ordinance for repeat violators like other Municipalities have. Mr. Anthony agreed and explained the steps his department takes once a complaint comes in. He added that these habitual violators know how to play the game. Mr. DiLucente talked about the extreme amount of cases that are heard every day at the court house. He said the property owners also have the right to appeal which delays the case. Mr. Anthony said the problem is in every Municipality, not just West Mifflin and how can anyone regulate people. Mr. DiLucente said we can’t pass a law to make it a criminal offense so right now our hands are tied. Jim Flaherty Shawn’s Towing Company said he has been in the towing business in West Mifflin for the past 9 years and would like to get on the rotation for police tows. Mr. Kamauf said there was an ordinance passed about 2 years ago in regards to towing and the Borough has already assigned the towing. ADJOURNMENT: Motion by Inglis, seconded by Santora that the Meeting be adjourned. Meeting adjourned at 7:50 p.m. prevailing time.