Borough Council

AUGUST 17, 2021 8203 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. Mr. Inglis recognized Harley Giles Bragg from Scout troop 1111. Harley recently achieved the rank of Eagle Scout. Harley has worked more than a 100 community service hours, earned the mandatory 21 merit badges with 23 additional ones so far. For his Eagle Scout project, he replaced scripture boards for the Homeville Christian Church, for their live Nativity, for this project he and his volunteer team worked 166 hours in the cold winter weather. Harley’s immediate plans are to continue to be a member of Troop 1111, a member of West Mifflin Titan Marching Band, show choir and participate in this year’s school musical, and graduate from high school. After graduating, his future plans are to attend a technical school for Graphic Design. He will remain a member of Troop 1111 as an Assistant Scout Leader. He will work hard to keep Scouting in our Community. The Borough would like to congratulate Harley on his accomplishment and wish him success in his future endeavors. ROLL CALL: Moses Absent Kushner Present Santoro Present Inglis Present Kostelnik Present Stephenson Present Marone Present Six members present. Mayor Kelly present. CITIZEN COMMENTS ON AGENDA ITEMS: No citizen comments. APPROVAL OF MINUTES: Motion by Stephenson, seconded by Kushner that the minutes of the July 20, 2021 Council Meeting be approved. Roll Call Six ayes, no nays. Motion carried. AGENDA ITEMS: A. RESOLUTION OF COUNCIL OF THE BOROUGH OF WEST MIFFLIN APPROVING THAT THE ACQUISITION AND SUBSEQUENT DISPOSITION OF A PARCEL OF VACANT PROPERTY KNOWN AS LOT AND BLOCK NUMBER 181-B-281 WOULD BE IN ACCORD WITH THE COMPREHENSIVE PLAN OF THE MUNICIPALITY. Motion by Inglis, seconded by Santoro Roll Call: Six ayes, no nays. Motion carried. B. Motion by Inglis, seconded by Kushner to approve the opening of the following account with First National Bank: General Fund Account, Capital Project Account, Payroll Account and Federal Forfeiture Account. Roll Call: Six ayes, no nays. Motion carried. C. Motion by Kostelnik, seconded by Santoro to approve the appointment of John Hancock as the 457B Plan Investment Manager and Dunbar, Bender & Zapf as the third party administrator and approve the plan document updates. Roll Call: Six ayes, no nays Motion carried.  AUGUST 17, 2021 8204 D. Motion by Kostelnik, seconded by Kushner to approve the replacement of two security cameras at the Public Works Garage, by Dagastino Electronic Services (DES) at a cost of $4,753.00 (Four Thousand Seven Hundred Fifty Three Dollars). 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 July 2021. Mr. Anthony commented a list of recommended properties has been given to Council. There are 5 that can be done, once Grant money is received we can put the properties out for bid and advertising. Mr. Kamauf commented the 5 properties that are ready to be put out for bid are 506 Edgewood Avenue, 1339 New England Road, 915 Vistaview Street, 598 Grandview Avenue, and 4751 Coal Road. Mr. Kostelnik commented he has received phone calls regarding a skunk problem in the Annex area. Mr. Kostelnik commented he lives in that area and is aware of the skunks. Mr. Kostelnik commented his dog had gotten two last year. Mr. Kostelnik commented he asked Butch to look into a program that would take care of the skunks. Police………………………………………………………………...…Chief Anthony Topolnak Chief Anthony Topolnak read the Police Report for the Month of July 2021. Chief Topolnak reported as of this date all of the officers are now using the body cameras. Chief Topolnak commented the SHACOG Swat team was called out for an incident of an armed actor hiding in a residence. SHACOG investigation team also assisted in a pedestrian fatality we had. Mr. Marone commented the alligator is safely out of West Mifflin. Public Works…………………………………………………………………………James Hess Mr. Hess read the Public Works Report for the Month of July 2021. Mr. Hess commented Caruso has completed the Micro Seal program, although there are a few touch ups to be done. EMS…………………………………………………………………………Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of July 2021. REPORT OF THE MAYOR: Mayor Kelly reported last August he checked with the State for unclaimed property. There were 4 accounts the Borough Manager filed for. It took almost a year but we will be receiving $2978.00. REPORT OF THE SOLICITOR: Solicitor DiLucente reported the previous West Mifflin Borough building had 2 years where there were tax liens on it from the School District. After a long process we had prepared a letter and sent it to their Solicitor so the liens get stricken.  AUGUST 17, 2021 8205 Solicitor DiLucente reported there has been much discussion for the funding provided for Covid relief. After many calls not being returned he reached out to Congressman Mike Doyle. He presented the questions from Council regarding demolition. Mike Doyle then passed him onto Dylan Leazes. Council will be provided with his phone number to continue the discussion. Mr. Leazes stated this cannot be for economic development. This money is for the Public Health side, for instance to make homes healthier, or housing vouchers. Solicitor DiLucente asked about roads and infrastructure. Mr. Leaze replied there are categories for the water, and internet. Solicitor DiLucente asked if we could tear down the homes, and replace them with affordable housing. Mr. Leaze commented yes that can be done. Solicitor DiLucente asked about the roads. Mr. Leaze stated it has to be shown that it is Covid related. Mr. Leaze gave examples of replacing all the water supplies, if the roads had to be tore up to replace the water lines the road could then be included. Solicitor DiLucente replied he would like to continue the conversation but would like the documentation sent to him. Solicitor DiLucente asked if we think we have a nexus and the federal government says we don’t have that nexus. If $100,000.00 was spent will they ask for all of the money or just the $100,000.00 back? Mr. Leaze replied he wasn’t sure what they would want back. Solicitor commented he understands what Council would like to do with the money but he would like to legally know how to spend the money. Solicitor DiLucente commented if we have a plan, we could submit the plan to Congressman Doyle’s office so we don’t have problems in the future. Solicitor DiLucente commented we would have to show a short fall in the revenues that are related to Covid impact. The other stuff is in black and white regarding workers, employees, police or ambulance service. Mr. Marone commented so we shouldn’t plan on using that money for the demolition of the other properties. Solicitor DiLucente replied that’s what he posed to Mr. Leaze. If we were to better the water or building a building to better the citizens, which happens to be located at the demolition site is fine. Mr. Inglis asked if we could justify economic development by showing the decrease in revenue from the tax base. Solicitor DiLucente replied Mr. Leaze stated you cannot use the words economic development. The work would have to show as a Covid related impact as it pertains to the health of the population. Creating that nexus is going to be important in anything we do. Mr. Kamauf asked for example if we lost tax revenue last year due to restaurants closing, can we replace the general fund with that. Solicitor DiLucente replied yes, if we can show that correlation. Then in order for the money to be used it would have to relate directly to one of the criteria. Solicitor DiLucente commented this will take a lot of time and effort on everyone’s part. This money is limited on what it can be used on. It has been explained as being used to put us back in the position we were pre Covid 19. Mr. Marone commented but you have to have the nexus to what you can put it back from. We cut a lot of programs and projects so we would be ok in the last year. Solicitor DiLucente read section 4.2. May recipients use funds to invest in infrastructure other than water or broadband projects? 602C1C or 603C1C reads recipients may use funds for maintenance of infrastructure or spending of building for new infrastructure as part of the provision for general services to the extent of estimated reduction in revenue due to the public health emergency. Solicitor DiLucente commented from our stand point it does seem limited to what it can be used for. Solicitor DiLucente will circulate the email, and phone number. Mayor Kelly commented it is very clear that it can be used for Health and Safety. Mayor Kelly spoke to Congressman Doyle’s aid Mr. Delasandro and also Senator Casey’s aid Grace Nelson. Both of them said for demolition if it is for Health and Safety it is permittable. Also the Pennsylvania Mayors association said if it’s removing blight if it is a Health and Safety issue is a permittable expense. Some of these homes are so deplorable and have rodents that it is a health and safety issue.  AUGUST 17, 2021 8206 Solicitor DiLucente commented a lot of the options did seem to go towards housing vouchers, or making homes healthier. Reading through everything is sobering. The important thing is Council has received the money now we just want to avoid a big bill or violation in the future. REPORT OF THE ENGINEER: Mrs. Mowry reported the Livingston Road storm water management improvement project is pending a start date of September. Mrs. Mowry reported the paving contracts have been completed. Mrs. Mowry recommended approval of Change Order No.1 reducing the contract price from $204,754.30 to $199,594.30 for actual quantities used. Also, pay application No. 1(final) in the amount of $199,594.30 for all work completed. Mrs. Mowry reported they are working on the Melvin Road Storm water issue. The survey crew was out on Friday and began work. They will be finishing the survey work a plan will be put together to relocate the sewer and start getting prices, if it is something Public Works can’t handle. Mrs. Mowry reported on the Duquesne Avenue Culvert replacement, two additional comments were received from DEP for the GP permit and are being addressed. Upon issuance of the GP permit, plan will be released for bid. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of July 2021. Mr. Kamauf commented the County will be doing oral bating which is a rabies vaccination for raccoons. Some will be dropped by air, it is not harmful to pets, but if they do come in contact with it, avoid pet saliva for 24 hours. Mr. Kamauf reported he had a meeting with the Turnpike, there are a few changes. There are now target dates, and construction will start in the near future. Mr. Kamauf reported tomorrow he will have the bond rating call with S&P. Then our bond will be ready to go out for bid. PAYMENT OF BILLS: Motion by Inglis, seconded by Kushner that all bills properly approved by the Finance Committee be paid. Roll Call: Six ayes, no nays. Motion carried. Mr. Marone reported for recreation. Since the park study is almost completed. A committee will be put together for the parks so we have a long-term plan. Some ideas that have come up already are a 5th Pavilion at the West Mifflin Community Park, Bocce Court, new playground with better handicap accessible equipment and a walking trail. Nordeen and Bost parks are also being looked at for Pickle ball, and a skate park. Mr. Marone commented the last movie night of the season will be August 27th. NEW BUSINESS: Motion by Inglis, seconded by Stephenson to approve Change Order No. 1 reducing the contract price from $204,754.30 to $199, 594.30 for actual quantities used. Roll Call: Six ayes, no nays. Motion carried.  AUGUST 17, 2021 8207 Motion by Inglis, seconded by Kostelnik to approve final payment of pay application No. 1 to Peter J Caruso & Sons in the amount of $199,594.30 for all work completed. Roll Call: Six ayes, no nays. Motion carried. Motion by Inglis, seconded by Kostelnik to approve a pay increase to Jeffrey Youkers in the amount of $1000.00 for completion of the first part of the Residential Inspector License Roll Call: Six ayes, no nays. Motion carried. Motion by Inglis, seconded by Kostelnik to approve advertisement of list of properties for demolition. Roll Call: Six ayes, no nays. Motion carried. CITIZENS COMMENTS: Darlene Badco does not live in West Mifflin. She has been helping her nephew and several other people with condemned houses. Darlene has a lot prepared, but then found out the house she wants demolished was on the list. Darlene stated 3 years ago she brought this to Council. The house is next door to 2 children and is infested with rodents and snakes. Darlene thanked Council and still wants to find out how the stimulus money could be spent on the demo of houses. Darlene stressed that the money needs to be spent on demo and asked if there is anything the public can do. Mr. Marone asked if this is the house on Grant Avenue. Darlene replied yes and it is terrible. Christopher Boross thanked Council for the approval of demolition for the house on Grant Avenue. ADJOURNMENT: Motion by Stephenson, seconded by Santoro that the Meeting be adjourned. Meeting adjourned at 7:15 pm prevailing time.