Borough Council

JULY 21, 2020 8145 COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on at 6:30 p.m. prevailing time with President Steve Marone presiding. ROLL CALL: Moses Present Kushner Present Santoro Present Inglis Present Kostelnik Absent Stephenson Present Marone Present Five members present. Mayor Kelly present. Public Hearing Request from Sheetz, Inc., for and Inter-Municipal Liquor License Transfer. Mark Kozar with law firm Flaherty and O’Hara on behalf of Sheetz, Inc. When store is built seating will be for 30 people. Hours of sales will be Monday through Friday 7 am – 1:45 am, Sunday 9 am – 1:45 am. All employees will also receive RAMP training. Motion by Stephenson, seconded by Moses Roll Call: Five ayes, no nays. Motion carried CITIZEN COMMENTS ON AGENDA ITEMS: No citizen comments. APPROVAL OF MINUTES: Motion by Inglis, seconded by Santoro that the minutes of the June 19, 2020 Council Meeting be approved. Roll Call Five ayes, no nays. Motion carried. AGENDA ITEMS: A. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN, ALLEGHENY COUNTY HEREBY REQUESTING A GREENWAY, TRIALS AND RECREATION PROGRAM (GTRP) GRANT OF $250,000.00 FROM THE COMMONWEALTH FINANCING AUTHORITY TO BE USED FOR THE WEST MIFFLIN PARK AMPHITHEATER PROJECT. Motion by Stephenson, seconded by Inglis Roll Call: Five ayes, no nays. Motion carried.  JULY 21, 2020 8146 B. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN, ALLEGHENY COUNTY HEREBY REQUESTING A BLIGHT REMEDIATION PROGRAM GRANT OF $120,000.00 FROM THW COMMONWEALTH FINANCING TO BE USED FOR THE WEST MIFFLIN DEMOLITION PROJECT. Motion by Moses, seconded by Stephenson Roll Call: Five ayes, no nays. Motion carried. C. Motion by Stephenson, seconded by Inglis to approve and accept a Temporary Easement Offer from the Pennsylvania Turnpike Commission in the amount of $1,600.00, for property Lot & Block 239-B-260 (property located on Commonwealth Avenue). Roll Call: Five ayes, no nays Motion carried. D. Motion by Stephenson, seconded by Inglis to approve Appraisal Agreement between the Borough of West Mifflin and Industrial Appraisal Company in the amount of $8,695.00. Roll Call: Five ayes, no nays. Motion carried. E. Motion by Stephenson, seconded by Inglis to approve the purchase of 2020 Ford Interceptor SUV 4 Door AWD Police Vehicle from Tri Star Motors under COSTARS Contract #013-146 at a cost of $33,535.00. Roll Call: Five ayes, no nays. Motion carried. F. Motion by Stephenson, seconded by Inglis to approve the purchase of 2020 Ford Interceptor SUV 4 Door AWD Police Vehicle from Tri Star Motors under COSTARS Contract #013-146 at a cost of $33,535.00, funds to come from the Federal Forfeiture Account. Roll Call: Five ayes, no nays. Motion carried. G. Motion by Stephenson, seconded by Inglis to approve the preliminary and final site plan for Rodgers Roll Off at 1011 Lebanon Road. The proposed development would be to construct a new 6580 square foot building. This building would be constructed for Rodgers Roll Off and Maintenance garage for trucks. This approval is subject to applicant meeting conditions outlined in KLH Engineer review letter dated April 17, 2020. Roll Call: Five ayes, no nays. Motion carried. H. Motion by Stephenson, seconded by Inglis to approve consolidation plan for William & Amy Waibel for the lots located at 4030 Lebanon Church Road, this consolidation would enable the applicant to construct an accessory structure on the vacant lot. Roll Call: Five ayes, no nays. Motion carried. I. Motion by Stephenson, seconded by Inglis to approve consolidation plan for Jason & Lacey L Jakub for the lots located at 529 McGowan Ave. The consolidation of the 4 lots would allow for construction of a new single family home. Roll Call: Five ayes, no nays. Motion carried.  JULY 21, 2020 8147 J. Motion by Stephenson, seconded by Inglis to approve the Developers Agreement between the Borough and Sheetz for the redevelopment of the property at 2400 Lebanon Church Road. Roll Call: Five ayes, no nays. Motion carried. K. Motion by Stephenson, seconded by Inglis for the approval of a time extension for the recording the previously approved Kennywood lot line adjustment. Roll Call: Five ayes, no nays. Motion carried. L. Motion by Stephenson, seconded by Inglis for the re-approval of the previously approved Sheetz consolidation plan, this plan needs to have the new buys added to the plan. The Borough will hold the plan until the deeds have been transferred. Roll Call: Five ayes, no nays. Motion carried. M. Motion by Stephenson, seconded by Inglis for the approval of a time extension for the recording of the previously approved Baker 2 lot line adjustment. Roll Call: Five ayes, no nays. Motion carried. N. Motion by Stephenson, seconded by Inglis to approve the hiring of Wendy Fruciano as substitute crossing guard, pending successful completion of clearances and background check. DEPARTMENTAL REPORTS: Community Development…………………………………………………...Walter B. Anthony Mr. Anthony read the Community Development Report for the Month of June 2020. Police………………………………………………………………...…Chief Anthony Topolnak Chief Anthony Topolnak read the Police Report for the Month of June 2020. Public Works…………………………………………………………………………James Hess Mr. Hess read the Public Works Report for the Month of June 2020. Recreation………………………………………………………………….……..Stephon Keron Mr. Keron read the Recreation report for the Month of June 2020.  JULY 21, 2020 8148 EMS…………………………………………………………………………Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of June 2020. REPORT OF THE MAYOR: Mayor Kelly questioned if there was a decision on eliminating act 120. Mayor Kelly requested discussion to eliminate Act 120. Mr. Marone replied he would like to speak with Chief Topolnak regarding the matter. Mayor Kelly replied he spoke with Chief Topolnak and he is in agreement. Mr. Marone replied he has not got a chance to speak with Chief Topolnak yet. At this time Mr. Marone said there is not a motion to eliminate the act 120. Mr. Inglis questioned how to justify lowering the standards to hire these individuals. Mayor Kelly replied this would not lower the standards. It would give more people the opportunity to apply. Then the individuals could go to the Police academy from there. Mr. Marone replied a test is scheduled for August, which could not be changed. Mr. Marone would like to discuss this further, hopefully next month if it could be a face to face meeting. Solicitor Evashavik commented it is too late to change this current applicant pool, but for future applicants Mayor Kelly is requesting to change the standards for hiring Police. Mr. Stephenson requested what it would cost to send someone for the Act 120 certification Mr. Kamauf replied the officer would start to get paid salary, then also complete the Act 120 certification. The cost in the past was around $5000. Mayor Kelly commented anything could be negotiated including paying Officers a certain salary until their Act 120 is completed. Mayor Kelly is just requesting to give other people the chance to apply and represent the community. Chief Topolnak commented the last date to apply for the test is tomorrow. The applicants can choose which location they are applying for. If the Act 120 requirement was removed the applicant pool would greatly increase, then after the testing process they could complete the Act 120 certification. REPORT OF THE SOLICITOR:  JULY 21, 2020 8149 Solicitor DiLucente reported his items were discussed in executive session. REPORT OF THE ENGINEER: Ms. Veronica Bennett reported the Livingston Road storm water improvement project design is being finalized, then will be submitted. Ms. Bennett asked Council for permission to contact the turnpike to use part of their property for access to do the Curry Hollow Road landslide repair. Ms. Bennett reported the cost estimate for the Amphitheatre will be within the $250,000.00, which is the grant amount. Ms. Bennett commented the $250,000.00 grant will only cover the cost to build the structure. Mayor Kelly questioned if the grant would cover the seating area. Ms. Bennett commented no. Ms. Bennett commented possibly using a different location for the Amphitheatre to cut costs for earth removal, tree removal, and to run electrical. Mayor Kelly requested a schematic for the design of the stage. Ms. Bennett commented she did not have it with her, but did explain dimensions would be 30’x20’ with a 10’x10’ storage room. Mr. Kamauf commented changes can be made. The majority of the grant will go to the structure of the Amphitheatre itself. Mayor Kelly requested a copy of the concept stage. Mr. Kamauf commented in the next day or two the concept will be finished to be shared. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of June 2020. Mr. Marone commented for Mr. Kamauf to speak on the animal ordinance. Mr. Kamauf commented he wanted to clear some confusion with the animal ordinance. The objective of the ordinance is not to ban any chickens, or a certain type of animal. The hearing for the ordinance was postponed until residents can attend to give input or concerns. Ms. Kushner asked Jim Hess to look at a hole on Union hill that caused someone to fall. PAYMENT OF BILLS:  JULY 21, 2020 8150 Motion by Inglis, seconded by Stephenson that all bills properly approved by the Finance Committee be paid. Roll Call: Six ayes, no nays. Motion carried. NEW BUSINESS: Motion by Moses, seconded by Inglis to approve a resolution of the Borough of West Mifflin to participate in the Federal Cares Act Grant. Mr. Kamauf commented The Borough will qualify for this grant, and the resolution needed to be approved so he can file for the grant. Roll Call: Six ayes, no nays. Motion carried. Motion by Moses, seconded by Inglis to advertise for the open code enforcement position. Roll Call: Six ayes, no nays. Motion carried. CITIZENS COMMENTS: Mr. Kamauf reported 1 citizen comment received. Mary Zubeck Ball Avenue having a problem with dirt and water from an adjacent property. She is requesting for the Borough to address the water issue coming from the neighbor’s house. She would like a dye test performed also. Solicitor Evashavik commented the natural course of water runoff is downhill, it is unfortunate, but there is not a violation against the neighbor. If the neighbor purposely forced water to go on a neighbor’s property something could be done. At this time there is no action to be taken. Ms. Zubeck could hire an attorney, and file a civil suit that way. The dye test Ms. Zubeck is requesting would need to be done through The Sewer Authority. Mr. Marone commented he went to the property with Butch Anthony from Community Development. The same things were explained to Ms. Zubeck at that time. Mayor Kelly commented when a pool is put in an inspection is done. Ms. Zubeck reported the damage started after the pool was put in. Did the inspector make a wrong decision when saying the pool passed inspections? Mr. Marone reported the person that did the inspection is no longer with The Borough. The records can be looked through, and see if anything can be found. Mr. Anthony commented pool inspections are minimal for inspecting the property. If there is earth disturbance yes the water runoff direction can change. Mayor Kelly commented as The Borough we appoint the Sewer Authority, and go to whatever lengths we can to have this looked into.  JULY 21, 2020 8151 Mr. Anthony commented dye tests are only performed when a house is for sale. He is not sure if The Sewer Authority will do a dye test without a sale of a property. ADJOURNMENT: Motion by Stephenson, seconded by Inglis that the Meeting be adjourned. Meeting adjourned at 7:36 pm prevailing time.