Borough Council

JANUARY 19, 2021 8173 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 Present Stephenson Absent Marone Present Six members present. Mayor Kelly present. CITIZEN COMMENTS ON AGENDA ITEMS: No citizen comments. APPROVAL OF MINUTES: Motion by Inglis, seconded by Moses that the minutes of the December 15, 2020 Council Meeting be approved. Roll Call Six ayes, no nays. Motion carried. AGENDA ITEMS: A. A RESOLUTION OF THE BOROUGH OF WEST MIFFLIN, ALLEGHENY COUNTY, PENNSYLVANIA, SETTING FORTH THE COMPENSATION OR SALARY FOR THE OFFICE OF THE ELECTED TAX COLLECTOR, SETTING FORTH THE METHOD OF PAYMENT OF PAID ANNUAL SALARY; AUTHORIZING ACTUAL NEEDFUL, EXPENDITURES/AUTHORIZING THE PERCENT OF THE BOND PREMIUM; SETTING FORTH REGULATION FOR THE COLLECTION OF PAYMENTS OF TAXES. Motion by Kostelnik, seconded by Moses Roll Call: Six ayes, no nays. Motion carried. B. Motion by Inglis, seconded by Santoro to approve the Cable Franchise Agreement between the Borough of West Mifflin and Comcast, pending final Borough Solicitor approval. Roll Call: Six ayes, no nays. Motion carried. C. Motion by Kostelnik, seconded by Moses to approve the repair of the Public Works Street Sweeper, repair to be completed by A&H Equipment at a cost of $21,908.81. Roll Call: Six ayes, no nays Motion carried. D. Motion by Kostelnik, seconded by Inglis to approve the payment of the annual payment due to CONNECT, Congress of Neighboring Communities, in the amount of $1,671.00 Roll Call: Six ayes, no nays. Motion carried. E. Motion by Moses, seconded by Inglis to approve the site plan for Discount Tire Facility to be constructed at 2260 Lebanon Church Road, West Mifflin, pending completion of all the Borough Engineers Comments and obtaining all outstanding permits. Roll Call: Six ayes, no nays. Motion carried. DEPARTMENTAL REPORTS: Community Development…………………………………………………...Walter B. Anthony Mr. Anthony read the Community Development Report for the Month of December 2020. Police………………………………………………………………...…Chief Anthony Topolnak  JANUARY 19, 2021 8174 Chief Anthony Topolnak read the Police Report for the Month of December 2020. Public Works…………………………………………………………………………James Hess Mr. Hess read the Public Works Report for the Month of December 2020. EMS…………………………………………………………………………Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of December 2020. REPORT OF THE MAYOR: Mayor Kelly reported he has been in contact with various State and Federal officials trying to get increased funding for the Cares Act. Mayor Kelly is also going after additional funding for demolition services. REPORT OF THE SOLICITOR: Solicitor DiLucente reported dates of filings, and information regarding the bankruptcy case for Century III Mall. Solicitor DiLucente commented on the question of when we will get paid. Solicitor DiLucente said this case cannot be closed until all the amounts are paid, this should be wrapped up in the spring. Solicitor DiLucente commented the rest of the topics were reserved for executive session. Mayor Kelly asked if Century III Mall has agreed to the figures. Solicitor DiLucente commented yes they did agree in front of a court. Mayor Kelly commented a few years ago there were potential buyers for the mall property, and they were all turned down, or never received an answer in return. Mayor Kelly asked if the information was included in the bankruptcy. Solicitor DiLucente replied the information he has now is the debt is to be paid, once that’s done the case can be closed. Solicitor DiLucente will inquire again to give another update at the February Council meeting. Mr. Kamauf commented they don’t have to act on the inquiries since they are still in bankruptcy. Mr. Kamauf commented Moonbeam clearing out the bankruptcy gives them the right to pursue the property how they wish. Mayor Kelly commented he can remember the judge saying if Moonbeam doesn’t stick to a plan for the property, she would take it from them and give it to the Borough. Mayor Kelly asked if anyone recalled that. Solicitor DiLucente commented he does not. Solicitor DiLucente said the bankruptcy is a form of protection so everything freezes. Solicitor DiLucente commented the bankruptcy judge will not approve a bankruptcy plan unless everything is in order. REPORT OF THE ENGINEER: Ms. Mowry reported she is moving ahead with the draft of the parks study, she will have Council review next month. Ms. Mowry commented once it has been reviewed it can be submitted into DCNR. Mr. Marone asked if Mrs. Mowry if Willock Road is getting worse, or if it is maintaining. Ms. Mowry replied she has not been there, she is worried what the snow will do. Mr. Marone asked Mr. Hess if any Public Works drivers have commented on Willock Road.  JANUARY 19, 2021 8175 Mayor Kelly asked about Avon Road being closed off. Ms. Mowry replied no she’s not sure what Avon Road is. Mayor Kelly commented there now seems to be an exposed gas line over a creek where the road is blocked off. Mayor Kelly asked Mr. Hess if someone can take a look at it. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of December 2020. Mayor Kelly asked Mr. Kamauf when the next assessment is. Mr. Kamauf replied the next one should be 2023 if it doesn’t get pushed back. Mayor Kelly asked what we can do to oppose it. Solicitor DiLucente replied there are two things that can be done. First he can contact the office of Rich Fitzgerald. Second is to also contact the State Representative. There was further discussion of legal standpoints, and steps that could be taken to appeal tax assessment. PAYMENT OF BILLS: Motion by Inglis, seconded by Moses that all bills properly approved by the Finance Committee be paid. Roll Call: Five ayes, no nays. Motion carried. NEW BUSINESS: Motion by Kostelnik, seconded by Moses to approve a salary of $122,000.00 per year for the business manager. Roll Call: Five ayes, no nays. Motion carried. CITIZENS COMMENTS: No citizen comments. ADJOURNMENT: Motion by Kostelnik, seconded by Moses that the Meeting be adjourned. Meeting adjourned at 7:12 pm prevailing time.