Borough Council

NOVEMBER 16, 2021 8222 COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on November 16, 2021 at 6:45 p.m. prevailing time with President Steve Marone presiding. PUBLIC HEARINGS: A. Conditional use request from True Storage LLC for indoor personal self-storage facility located at 7045 Clairton Road. Solicitor Evashavik opened the public hearing. Mr. Anthony stated this application was reviewed by the planning committee. The only recommendation was that no outside storage be permitted on the site. Representatives from Tech One, and True Storage LLC are in attendance. Solicitor Evashavik stated since there were no questions the request can now be voted on with the recommendation that was given by the planning commission board. Solicitor Evashavik closed the hearing. Motion by Stephenson, seconded by Kostelnik Roll Call: Seven ayes, no nays. Motion carried. B. Re-zoning request from PSPC Inc., for land located at 901 Camp Hollow Road. Solicitor Evashavik opened the public hearing. Mr. Anthony stated this was a zoning request to change the use to mixed use, which would allow construction of an office building. A representative from Caruso is here to answer any questions. This request was advertised, reviewed and recommended. Mr. Marone asked what the final elevation will be on the land that is being filled in now. Will it be higher like the road, or is it at elevation. The representative responded it will be the way it is now. Darla Brady 786 Camp Hollow Road said she lives nearby and asked if they are building office buildings. Mr. Marone replied they are building an office for their personal use. Ms. Brady replied will it be the height of 43. Mr. Marone replied it that would not be up to us that would be up to the owner depending what they decide to do later on that land. They would have to deal with 43 on their own. Mr. Anthony stated if this development wanted to create a plan in the future, there would be a second step to come back for approval Solicitor Evashavik stated this is actually being accomplished by ordinance to have it rezoned. At this time Council can make a motion to adopt the ordinance amending the Borough’s zoning map providing for a rezoning of a parcel of land consisting of approximately 11 acres fronting on Camp Hollow Road from R1 to MU. Solicitor Evashavik closed the hearing.  NOVEMBER 16, 2021 8223 Motion by Kostelnik, seconded by Inglis Roll Call: Seven ayes, no nays. Motion carried. ROLL CALL: Moses Present Kushner Present Santoro Present Inglis Present Kostelnik Present Stephenson Present Marone Present Seven members present. Mayor Kelly present. CITIZEN COMMENTS ON AGENDA ITEMS: No citizen comments. APPROVAL OF MINUTES: Motion by Moses, seconded by Kostelnik that the minutes of the October 25, 2021 Council Meeting be approved. Roll Call Seven ayes, no nays. Motion carried. AGENDA ITEMS: A. AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF WEST MIFFLIN, ALLEGHENY COUNTY, PENNSYLVANIA, PROVIDING FOR THE REGULATION OF MOBILE FOOD VENDORS;PROVIDING FOR LICENSING, HOURS AND STANDARDS OF OPERATIONS; ESTABLISHING A PENALTY FOR VIOLATIONS. Solicitor Evashavik opened the Public hearing. This is an ordinance in the subject of regulation that has been discussed by this Borough Council. There has been an increase in food trucks and food vendors and there is a need there for some regulation. This is a rather lengthy ordinance, but it ensures the safety and public health of the citizens and anyone else that may purchase something from the food trucks. The ordinance requires an application to be submitted after verifying insurance and property license then a license can be received. The ordinance regulates location, and hours of operation. Hearing no comments, Solicitor DiLucente closed the hearing. Motion by Kostelnik, seconded by Moses Roll Call: Seven ayes, no nays. Motion carried. B. RESOLUTION OF THE BOROUGH OF WEST APPOINTING TRUSTEE TO THE WEST MIFFLIN 457 DEFERRED COMPENSATION PLAN. Mr. Kamauf commented he will be the trustee for the deferred compensation plan, as he always was. Motion by Santoro, seconded by Stephenson Roll Call: Seven ayes, no nays. Motion carried. Mayor Kelly asked if the Resolution needed to have Mr. Kamauf’s name in it.  NOVEMBER 16, 2021 8224 Mr. Kamauf replied his name is in the actual resolution. C. Motion by Kostelnik, seconded by Inglis to approve the purchase of Three (3) 2022 Ford Interceptor SUV for the West Mifflin Police Department, individual cost $36,500.00 per vehicle ($109,500.00 total cost), from Laurel Auto Group Inc., under COSTAR Contract #025-261. (purchases are for the 2022 budget) Roll Call: Seven ayes, no nays Motion carried. D. Motion by Kostelnik, seconded by Kushner to approve the purchase of 2022 Chevrolet Tahoe for the West Mifflin Police Department at a cost of $49,628.00, from Memorial Highway Chevrolet of Somerset, under COSTAR Contract #025-261. (purchase is for the 2022 Budget) Roll Call: Seven ayes, no nays. Motion carried. E. Motion by Kostelnik, seconded by Moses to approve the lease revision between West Mifflin Borough and West Mifflin Area School District for office space leased at 1020 Lebanon Road, pending final approval of agreement of the Borough Solicitors. Roll Call: Six ayes, no nays, one abstention. Motion carried. F. Motion by Kostelnik, seconded by Inglis to approve a $500.00 per month Stipend to Sheila Sebastian for work in the Recreation Department. 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 October 2021. Mr. Anthony commented the Community Development Department held the condemnation hearings. They will be formally presented to Council in December. Mayor Kelly asked Mr. Anthony on the determinations of a business or non-business on Sylvan Avenue. Mr. Anthony replied it has been determined that we cannot determine if a business is being run there. The owner has stated to the Police Department that he is not running a business. Mayor Kelly asked what business is he allowed to run there. Mr. Anthony replied the construction business. Mayor Kelly commented there are three Keystone Inspection station signs attached to the building, meaning he is licensed with the state that he can inspect vehicles. When going to his website he talks of custom painting, and automotive repair. Mr. Anthony replied when this was first brought up we looked at all of this, then within days it was taken down. Mayor Kelly commented the posts are there as we speak. Mr. Anthony asked for the website and stated the office will follow up with it. Mr. Stephenson asked Chief Topolnak if the owner was ever cited for anything. Chief Topolnak replied no he has never been cited, he saw motorcycle parts and he believes he is running the business from there. After investigating it doesn’t show that he is doing the motorcycle business from that address, however he is using different addresses. Chief Topolnak  NOVEMBER 16, 2021 8225 actually spoke to him about it and he admitted he is running a business out the there. When he asked the owner to do the business the correct way. The reply was it won’t get granted to him. Mr. Stephenson asked if the County has permits for the paint booth. Mr. Anthony replied the owner did get a permit to put in a paint booth which could also be used to repair his own equipment. After receiving the complaint Mr. Anthony contacted the Allegheny County Health Department. The Health Department informed him if you have a paint booth in a business it has to be permitted by Allegheny County. Mr. Stephenson wanted to clarify that the person complaining is also the person that sold the property to this owner. Mr. Anthony replied it is his son. Mr. Stephenson recalled a few years ago when they spoke, Mr. Anthony told them then that they had met every obligation according to what he’s permitted to do. Mr. Anthony replied he said he was a demolition contractor, when he came to Council the property had been sitting for a period of time. The building is in a residential district but obviously it was at some time constructed for that type of business. At that time he went to the zoning board and got approval to put that business in there. During that time it was advertised and posted and no one came to the hearing. Mayor Kelly asked what getting approval and permitting permitted him to do in that building. Mr. Anthony replied he was allowed to run his excavation business in there. Mayor Kelly replied customized paint for motorcycles and cars and auto repair is what he has listed online to do in that building. Mr. Anthony asked for that information to be forwarded to him. Mr. Stephenson recalled a discussion some years back about a weight limit sign that was placed. Mr. Stephenson can remember the serial numbers on the sign being looked into and coming back to being taken off a pole in Armstrong County. Mr. Anthony does not recall that. Mr. Anthony stated the sign had not been adopted and was placed there by someone illegally. Mr. Anthony commented for a road to have a weight limit, a traffic study would have had to be done. Then it would have formally been adopted by ordinance. Mayor Kelly stated to Mr. Hess that he notices the road is slipping off the side and could it have anything to do with the trucks. Mr. Hess commented he doesn’t believe so, the trucks come in from the other part. Police………………………………………………………………...…Chief Anthony Topolnak Chief Anthony Topolnak read the Police Report for the Month of October 2021. Public Works…………………………………………………………………………James Hess Mr. Hess read the Public Works Report for the Month of October 2021. Mr. Stephenson asked if Duquesne Avenue would qualify for curb to curb paving and if they are aware of it.  NOVEMBER 16, 2021 8226 Mr. Hess replied yes and the water company is aware of it. The whole length pretty much from top to bottom. Mr. Hess commented there are also some issues on Helena and Holiday. Mr. Hess was in contact today and the repairs will not be able to be made until next year. Mr. Stephenson asked what the status is of our paving program. Mr. Hess replied he was in contact today, the gentleman had covid but may be in the area the end of next week. Mr. Hess stated there are some concerns due to temperatures. Mr. Stephenson asked when paving is open until. Mr. Hess replied the end of December. Mr. Hess commented the ground has to be 40 degrees and rising before they can put the asphalt down. Mr. Moses asked in the contract if there is any retribution for non-completion or issues. Mr. Moses commented usually if the work is not completed by a certain day there is a penalty associated with it. Mrs. Mowry replied there is liquidated damages in the contract, however she doesn’t believe they will qualify for that. In that situation we would have to prove our damages. Mrs. Mowry will forward the contract to the Solicitor to look at. Mr. Marone commented he believes future contracts will have a deadline date for when paving must be done. Mrs. Mowry commented there is a time limit in the contract as well. Although sometimes they can’t pull through. Solicitor Evashavik commented if any damage can be found from not starting the work yet then we would have a claim. EMS…………………………………………………………………………Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of October 2021. REPORT OF THE MAYOR: Mayor Kelly reported he was in contact today with County Councilman Macy discussing act 152. Councilman Macy asked for the demolition list to be prioritized with which structures should go first, especially if any structures are next to any commercial property. Mayor Kelly also put in a request to have Homeville Road milled through the intersection at Commonwealth. Mayor Kelly is awaiting a response. Councilman Bob Macy is also trying to do a traffic study regarding residents complaining about the truck braking on Homestead Duquesne Road. Mayor Kelly commented regarding a message received from State Representative Nick Pisciottano requesting priorities from the Borough on the funding infrastructure bill that’s coming through. These projects do not have to be County or State projects. If we don’t qualify we will submit a complaint about surrounding communities getting money. Mayor Kelly stated we are going into our first year with American Rescue Funds, we have one million dollars and have not discussed any plans yet. Mayor Kelly reported him and his wife have finished delivering food for the winter from the Salvation Army. Mayor Kelly asked to give the Salvation Army the same consideration we did last year in the budget. REPORT OF THE SOLICITOR:  NOVEMBER 16, 2021 8227 Solicitor Evashavik reported the two ordinances he drafted have already been covered. The only other item for Public item was already mentioned is the condemnation hearings that were held. After hearing the evidence one property was eliminated from the list. There are now 16 properties for condemnation. As soon as Solicitor Evashavik receives the hearing transcripts, he will prepare them and send them to Council. REPORT OF THE ENGINEER: Mrs. Mowry reported she is waiting for the signed contracts from Minniefield Demolition for the Demolition Contract. In the meantime they did submit their demolition permit applications and their asbestos notifications. After paperwork comes through they will be ready to move. Mrs. Mowry reported the repairs to Willock Road from the inspection will be completed this Thursday and take one night to complete. Mrs. Mowry reported the Livingston Road Storm Water improvement plan is still scheduled for the second week of December. Mrs. Mowry reported on the Public Works electrical upgrade project is ready to go out for bid for that project, but are waiting to hear back from People’s Gas to see if the gas generator we want to use can have pressure increased. After their response the project can go out for bid. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of October 2021. PAYMENT OF BILLS: Motion by Stephenson, seconded by Inglis that all bills properly approved by the Finance Committee be paid. Roll Call: Seven ayes, no nays. Motion carried. Recreation………………………………………………………………….……..Steven Marone Mr. Marone read the Recreation report for the Month of October 2021. Mr. Marone reported he met with the BMX skateboard committee. All the information was submitted to the Borough Manager and will be looked at by KLH Engineers and Solicitor. Also look into properties they could possibly use. Mr. Marone reported tonight before the meeting for discussion in executive session for personnel and legal issues. NEW BUSINESS: No new business. CITIZENS COMMENTS: No citizen comments. ADJOURNMENT: Motion by Moses, seconded by Kostelnik that the Meeting be adjourned. Meeting adjourned at 7:25 pm prevailing time. NOVEMBER 16, 2021 8228