Borough Council

JUNE 15, 2021 8192 COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on June 15, 2021 at 6:36 p.m. prevailing time with President Steve Marone presiding. ROLL CALL: Moses Absent Kushner Present Santoro Absent Inglis Present Kostelnik Present Stephenson Present Marone Present Five members present. Mayor Kelly present. CITIZEN COMMENTS ON AGENDA ITEMS: No citizen comments. APPROVAL OF MINUTES: Motion by Inglis, seconded by Stephenson that the minutes of the May 19, 2021 Council Meeting be approved. Roll Call Five ayes, no nays. Motion carried. AGENDA ITEMS: A. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN, ALLEGHENY COUNTY, PENNSYLVANIA, AUTHORIZING AND DIRECTING THE BOROUGH MANAGER TO SIGN THE AGREEMENT BETWEEN THE BOROUGH OF WEST MIFFLIN AND PENNDOT FOR WORK TO BE COMPLETED ON SR 0885. Motion by Kostelnik, seconded by Inglis Roll Call: Five ayes, no nays. Motion carried. B. Motion by Kostelnik, seconded by Kushner to approve advertising Pension Ordinance update for the West Mifflin Borough Non-uniformed plan. Roll Call: Five ayes, no nays. Motion carried. C. Motion by Kostelnik, seconded by Kushner to approve the purchase of 2021 Ford Interceptor SUV AWD Police vehicle from Laurel Auto Group Inc., at a cost of Thirty- Five Thousand Four Hundred Sixty Dollars ($35,460.00), under COSTAR contract #013- 146. Roll Call: Five ayes, no nays Motion carried. D. Motion by Kostelnik, seconded by Inglis to approve the purchase of 2021 Ford Interceptor SUV AWD Police vehicle from Laurel Auto Group Inc., at a cost of Thirty- Three Thousand Four Hundred Sixty Dollars ($33,460.00), under COSTAR contract #013-146, funds for this purchase are to come from the Federal Forfeiture Account. Roll Call: Five ayes, no nays. Motion carried. E. Motion by Kostelnik, seconded by Kushner to approve the purchase of Two (2) 2022 Chevrolet Bolt EV from Colussy Chevrolet under COSTAR contract #025-316 at a total cost of Fifty Four Thousand Four Hundred Forty-Eight Dollars ($57,448.00). (Individual vehicle price $28,724.00). Roll Call: Five ayes, no nays. Motion carried. F. Motion by Kostelnik, seconded by Inglis to approve the consolidation of Parcels Lot & Block 181-S-105 and 181-S-106. Roll Call: Five ayes, no nays. Motion carried. G. Motion by Kostelnik, seconded by Stephenson to forward request from Peter J. Caruso and Sons, Inc. requesting zoning change to Lot & Block #311-S-70 to Planning Commission for consideration. Roll Call: Five ayes, no nays. Motion carried. H. Motion by Kostelnik, seconded by Kushner to approve advertising for Dispatch/Records Clerk. Roll Call: Five ayes, no nays. Motion carried.  JUNE 15, 2021 8193 I. Motion by Kostelnik, seconded by Stephenson to accept bid and sale of parcel #181-S- 261 at sales price $3,000.00, to Jessica F. Billeck. Roll Call: Five ayes, no nays. Motion carried. J. Motion by Kostelnik, seconded by Stephenson to accept bid and sale of parcel #181-G- 381 at sales price of $3,000.00 to Robin Steiner. Roll Call: Five ayes, no nays. Motion carried. K. Motion by Kostelnik, seconded by Kushner to accept 2021 Road Resurfacing Project bid from Mele & Mele & Sons, Inc. with bid amount of Three Hundred Five Thousand One Hundred Forty-Seven Dollars and Fifty Cents ($305,147.50). Roll Call: Five ayes, no nays. Motion carried. L. Motion by Kostelnik, seconded by Kushner to accept 2021 Micro-surfacing Project bid from Peter J. Caruso & Sons, Inc. with bid amount of Two Hundred Four Thousand Seven Hundred Fifty-Four Dollars and Thirty Cents ($204,754.30). Roll Call: Five ayes, no nays. Motion carried. M. Motion by Kostelnik, seconded by Inglis to approve sales agreement between the Borough of West Mifflin and JMD Real Estate, LLC, for property owned by the Borough known as Parcel #311-K-200 and #311-K-222 at sales price of Four Hundred Twenty- Five Thousand Dollars ($425,000.00). Roll Call: Five ayes, no nays. Motion carried. N. Motion by Stephenson, seconded by Kostelnik to approve the hiring of Jordan Baggot, to the Public Works Department pending successful completion of Background and Drug & Alcohol checks. Roll Call: Five ayes, no nays. Motion carried. O. Motion by Stephenson, seconded by Kostelnik to approve the hiring of Dominick Benson, to the Public Works Department pending successful completion of Background and Drug & Alcohol checks. Roll Call: Five ayes, no nays. Motion carried. P. Motion by Stephenson, seconded by Kostelnik to approve the hiring of Raymon Brown, to the Public Works Department pending successful completion of Background and Drug & Alcohol checks. Roll Call: Five ayes, no nays. Motion carried. Q. Motion by Stephenson, seconded by Inglis to approve the hiring of Joe Gabrielcik, to the Public Works Department pending successful completion of Background and Drug & Alcohol checks. Roll Call: Five ayes, no nays. Motion carried. R. Motion by Stephenson, seconded by Inglis to approve the hiring of Brandon Hughes, to the Public Works Department pending successful completion of Background and Drug & Alcohol checks. Roll Call: Five ayes, no nays. Motion carried. DEPARTMENTAL REPORTS: Community Development…………………………………………………...Walter B. Anthony Mr. Anthony read the Community Development Report for the Month of June 2021. Mr. Inglis asked if the property located at 5633 Homeville Road had to fenced in, and if it was a salvage yard. Mr. Anthony replied their Occupancy Permit is for car sales. Mr. Marone asked how many unsellable cars can be stored. Mr. Anthony replied there is not a limit to the amount of cars.  JUNE 15, 2021 8194 Mr. Anthony stated if the amount of cars gets to be a lot, we can reach out if they are uninspected. Mr. Anthony stated to his understanding they are receiving them from various areas, then selling them. Mr. Marone commented we will have to watch them since they did not get an auto garage permit, just a sales permit. Mr. Anthony commented with the auto sales permit they can have a garage to repair. Police…………………………………………………………Assistant Chief Greg McCulloch Assistant Chief McCulloch read the Police Report for the Month of June 2021. Mr. Marone commented on Sunday & Monday we had extenuating storm issues. On Sunday the Police did a water rescue, Skyview Fire hall did 2 water rescues, and bystanders did the 4th rescue, all within 20 minutes of each other. Mr. Marone reported over the weekend the fire departments answered 45 calls, and thanked everyone for their assistance. Mr. Kostelnik asked if we keep track of DUI’s per month. Assistant Chief McCulloch replied we do, unfortunately due to switching systems there are some kinks to work out. Mr. Kostelnik asked if all the officers were equipped with breathalyzers. Assistant Chief McCulloch replied we do not use breathalyzers, we take them to the hospital for a blood test. Mr. Kostelnik asked if the blood test is better than a breathalyzer. Assistant Chief McCulloch replied breathalyzers do not hold up in court, so we just do the blood test at the hospital. Public Works…………………………………………………………………………James Hess Mr. Hess read the Public Works Report for the Month of June 2021. EMS…………………………………………………………………………Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of June 2021. Chief Plunkett commented it has been a busy weekend due to rain. Chief Plunkett reminded everyone not to drive through areas that are barricaded or flooded. REPORT OF THE MAYOR: Mayor Kelly reported he reached out to Whitaker Police Department regarding them not manning their Police Department. Mayor Kelly reported they are relying on West Mifflin Police. Mayor Kelly commented years back Whitaker requested West Mifflin to assume the Whitaker Police Department. Mayor Kelly asked if they wanted to readdress the request, but as of this date nothing was received. Mayor Kelly reported he has been in contact with the director or procurement or development from Amazon. Mayor Kelly commented there have been some discussions of different properties in the Borough especially with Route 43 coming through. Mayor Kelly commented despite the rain and cold, the Memorial Day celebration at Mitchell Paige Park was well attended and went very well.  JUNE 15, 2021 8195 Mayor Kelly commented they also had the grand opening of the flag retirement depository, which was done by 2 members from the Jr. ROTC. Mayor Kelly commented that we have already had to unload it twice, so it is getting its use. Mayor Kelly reported he has been in contact with View Point which is a public educational TV show. Mayor Kelly commented we were nominated for it, although he is unsure by who. Mayor Kelly commented each episode has drawn in more than 60 million people each, and he wanted to pass it on for informational purposes. Mayor Kelly commented he is hoping we will get together with other communities regarding the flooding. Mayor Kelly commented Penn Dot will clean the grates out for Townships, but not Boroughs. Mayor Kelly commented we have asked for this to be addressed for several years. Mayor Kelly suggested getting together with other Boroughs to get this taken care of. Mayor Kelly commented he has long time friends that are part of an organization called Christ In Action. They asked about allowing us to use them as a resource by notification in an emergency. Mayor Kelly asked Solicitor Evashavik if it would be a problem to have them as a contact resource. Solicitor Evashavik replied it would not be a problem as long as it’s clear that they are not affiliated with or a part of the Borough. Mayor Kelly commented their name should show that they are not affiliated with the Borough. Mr. Marone commented he will be in contact with the airport authority. A lot of the water flooding Lebanon Church Road is coming from the airport. Mr. Kamauf commented the work we have done to improve Lower Bull Run and other areas has paid off, because we have not received any calls for those areas. Mr. Stephenson asked Mr. Marone if he recalls the Borough receiving a response from Penn Dot stating the drainage issue is due to being built before most of the Commercial Property was built. Mr. Marone does recall, and commented that is correct, but if the airport does not dump as much water on to the road it will slow down the flooding. The main pit is too small to take all of the water. Mayor Kelly commented we are now in negotiations with the restructuring of Lebanon Church Road. Mr. Kamauf replied they will do all the catch basins, but will only do storm water work when they are repairing the road. The main inlet will not be repaired, at one point it is 100 feet underground. Mr. Marone commented it did have a camera test a couple years ago and it is clean. It is just too much water trying to go through 1 pipe. Mr. Marone commented it did not flood yesterday, only on Sunday. Mr. Inglis asked if the picture on the news was from Sunday. Mr. Marone replied yes. Mr. Marone commented everyone responded fast and was removed from the water safely. REPORT OF THE SOLICITOR: Solicitor Evashavik commented they continue to be busy with tax assessment appeals here and in many communities.  JUNE 15, 2021 8196 Solicitor Evashavik commented the sale of the previous Borough building is a good thing. Solicitor Evashavik commented the next step is following the meeting Mr. Marone will sign the original agreement and addendum, which Solicitor Evashavik has looked over. Solicitor Evashavik commented the addendum states any expenses including closing costs and taxes will be paid by the buyer. The buyer actually signed the form agreeing to everything back in May, but due to the process we had to wait 30 days after announcing to the Public. Solicitor Evashavik stated the following step is for the buyer to have the inspection completed. At that time if he finds any defects or other issues he can walk away from the sale. The buyer has already done preliminary work and is eager to close, so hopefully this comes to fruition. Solicitor Evashavik reported Mr. Anthony sent him a draft for a food truck ordinance. Solicitor Evashavik provided some comments and items for discussion. Solicitor Evashavik stated the plan is to have a final draft in the near future so Council can review, it can then be advertised and we can have appropriate regulations in place for food trucks REPORT OF THE ENGINEER: Mrs. Mowry reported she has good news on the Willock Road landslide. Mrs. Mowry received the grading permit application and will review with the geotechnical engineer in the morning. They are trying to complete this project in early July. Mrs. Mowry reported we were awarded $100,000.00 (One Hundred Thousand Dollars) for the Livingston Road storm water management project. Mrs. Mowry stated the bids were opened on Friday May 14. The bid was awarded to E.A. Petrakis in the amount of $174,740.00. Signed contracts were delivered to the contractor and we are awaiting the scheduling of the pre- construction meeting. Mrs. Mowry reported the paving contracts were awarded tonight. Mrs. Mowry included the road list and how many miles we are paving. Mrs. Mowry reported she anticipates having the general permit in July for the Duquesne Avenue culvert project. Mrs. Mowry reported she is still waiting for the DEP to allow the plans she submitted to them regarding the Curry Hollow landslide repair. Mrs. Mowry commented once we get approval for the stream enclosure we can go back to the grant and ask them to modify it. Mr. Marone commented yesterday there was more of a slide, and trees down on Willock Road. Mr. Marone wanted to inform Mrs. Mowry and commented it wasn’t too bad, Penn Dot came out and cleaned up the road. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of June 2021. Mr. Kamauf reported our exit interview is scheduled for tomorrow for the 2017, 2018, 2019, 2020 pension audit. Since the state still will not come into the building it has been done through email and phone which has been time consuming. Mr. Kamauf reported the stimulus grant application was completed and submitted. Mr. Kamauf commented due to getting the EV cars we will have to have a charging station. There are actually rebates that will refund us 80% or $4000.00 if we would qualify. At some point this may be the way it goes for the Police also. Mr. Kostelnik asked if the charging station would be in the back. Mr. Kamauf replied yes, it is costly to run the lines. After contacting Duquesne Light we may have to put a new service in just for the charging station. Putting in a new service could allow us  JUNE 15, 2021 8197 to charge 8 cars effectively. If it ever gets to the point we could open it up to general public charging. PAYMENT OF BILLS: Motion by Inglis, seconded by Kostelnik that all bills properly approved by the Finance Committee be paid. Roll Call: Five ayes, no nays. Motion carried. NEW BUSINESS: Mr. Marone commented the Memorial Day event was a success, Mayor Kelly, the Boy scouts, VFW, and JROTC were all involved. Mr. Marone reported the Borough held its first Movie Night. It was a good turn out, and Tim Milko did a great job displaying the movie. CITIZENS COMMENTS: Harry Thompson 6679 Adams Avenue commented he saw Tag Towing was charged for towing cars off of property he didn’t have the rights to. Also charging fees to store the cars. Mr. Thompson commented during a hearing that was held here at the Borough he and his lawyer stated he only charges $25 a day. Mr. Thompson commented the charge is somewhere around $400 a day. Mr. Thompson commented Judge Shane does not have any rights to handle anything with zoning. Mr. Marone commented the zoning for the property located at 4821 Buttermilk Hollow was not changed. Mr. Thompson replied the Judge is giving him permission to go in there. Mr. Marone replied yes to run a mechanics garage. Mr. Marone asked if Tag Towing has an Occupancy Permit yet. Mr. Anthony replied no Mr. Marone commented everything he is doing is illegal. We are fighting him in court, and have to do it legally. Mr. Thompson commented he doesn’t believe the legal person for the zoning board is doing his job, 2 times now it hasn’t went to court. Solicitor Evashavik commented Jack Cambest does know what he is doing with zoning and he is doing things correctly. Solicitor Evashavik commented there was not an actual hearing where the judge was compelled to make a decision. Solicitor Evashavik commented that is very common and typical in zoning appeal cases. Solicitor Evashavik stated the judge urges a decision to be made and on common ground. Solicitor Evashavik commented we have to follow the law and the system can work slowly. Mr. Anthony commented once it was denied by the zoning hearing board here at the office. His attorney had a right to appeal that decision, which was what he did. Appeals are done by briefs, not actual hearings. The briefs are written by both parties then submitted to the Judge. The Judge contacted Jack Cambest, and Jack Cambest contacted the Borough. Jack Cambest asked if we are willing to negotiate anything, the answer was no. The Judge did not support the Zoning hearing board’s decision to not negotiate. There was a flaw in our zoning ordinance, which Tag’s attorney filed against. It was then granted. The defect in our zoning ordinance is being addressed, but all participating parties did as they should.  JUNE 15, 2021 8198 Mr. Thompson commented he had issues due to the previous owner not following the rules, and now the current owner is doing the same thing. Mr. Thompson stated his house is zoned R1, and he has to put up with construction equipment, and yelling after midnight. Mr. Marone asked what Mr. Thompson wants us to do. We are trying and are working on fixing all of the defects in the zoning ordinance. ADJOURNMENT: Motion by Stephenson, seconded by Inglis that the Meeting be adjourned. Meeting adjourned at 7:33 pm prevailing time.