Borough Council

JANUARY 19, 2022 8232 A retirement plaque was given to Chief Anthony Topolnak along with Congratulations and gratitude from Council, Mayor, Police Chief Gregory McCulloch and Borough Manager Brian Kamauf. COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on January 19, 2022 at 6:38 p.m. prevailing time with President Scott Stephenson presiding. ROLL CALL: Marone Absent Davis Present Santoro Present Inglis Present Kostelnik Present Moses Present Stephenson Present Six members present. Mayor Kelly present. CITIZEN COMMENTS ON AGENDA ITEMS: No citizen comments. APPROVAL OF MINUTES: Motion by Kostelnik, seconded by Moses that the minutes of the December 21, 2021 Council Meeting be approved. Roll Call Six ayes, no nays. Motion carried. AGENDA ITEMS: A. Motion by Kostelnik, seconded by Davis to approve Maintenance Agreement Renewal with TUDI Mechanical Systems for HVAC Maintenance at 1020 Lebanon Road Building at a cost of $4,956.00. Roll Call: Six ayes, no nays. Motion carried. B. Motion by Kostelnik, seconded by Davis to approve Service Agreement Renewal with Building Controls System Inc., for Temperature Control System at 1020 Lebanon Road Building at a cost of $5,096.00. Roll Call: Six ayes, no nays. Motion carried. C. Motion by Kostelnik, seconded by Davis to approve the termination of the Animal Control Agreement with Gaydos-Behanna Kennel. Roll Call: Six ayes, no nays. Motion carried.  JANUARY 19, 2022 8233 D. Motion by Kostelnik, seconded by Davis to approve Animal Control Agreement with Sable Kennels. Roll Call: Six ayes, no nays. Motion carried. E. Motion by Kostelnik, seconded by Davis to approve termination of copier contracts for the Borough Administration, Community Development and Police Department. Roll Call: Six ayes, no nays. Motion carried. F. Motion by Kostelnik, seconded by Davis to approve Copier Lease agreement with Ford Office Technologies for copiers for the Administration, Community Development and Police Department at a total cost of $482.00 a month for 60 months. Roll Call: Six ayes, no nays. Motion carried. G. Motion by Kostelnik, seconded by Davis to approve the appointment of Michael Moses to the Borough of West Mifflin Planning Commission. Roll Call: Six ayes, no nays. Motion carried. H. Motion by Kostelnik, seconded by Davis to approve the 2 parcel consolidation plan, The Nesti Plan consolidation parcels 243-P-300, 243-P-310 located at 4819 Buttermilk Hollow Road. Roll Call: Six ayes, no nays. Motion carried. I. Motion by Kostelnik, seconded by Davis to approve the Preliminary & Final site plan for the Take 5 Oil Change facility to be constructed at 1650 Lebanon Church Road. This recommendation was conditioned upon the applicant receiving their Penn DOT Highway Occupancy Permit for the access on Lebanon Church Road. Roll Call: Six ayes, no nays. Motion carried. J. Motion by Kostelnik, seconded by Davis to approve the Preliminary and Final site plan for Express Wash Concepts for the construction of Car Wash facility to be located at 2100 Mountain View Dr. former site of Busy Beaver. Roll Call: Six ayes, no nays. Motion carried. K. Motion by Kostelnik, seconded by Davis to approve advertisement for Public Hearing for Source Church for Conditional Use Request at 1922 Pennsylvania Avenue. Roll Call: Six ayes, no nays. Motion carried. L. Motion by Kostelnik, seconded by Davis to approve advertisement of Ordinance Re-Establishing a General Fee. Roll Call: Six ayes, no nays. Motion carried. M. Motion by Kostelnik, seconded by Davis to approve advertisement of An Early Retirement Ordinance. Roll Call: Six ayes, no nays. Motion carried.  JANUARY 19, 2022 8234 N. Motion by Kostelnik, seconded by Inglis to ratify authorization of the Civil Service Commission to conduct a non-competitive examination for the West Mifflin Assistant Chief Position. Mayor Kelly asked who authorized the Civil Service Commission to conduct an examination, also how was the candidate selected. Solicitor DiLucente replied this motion is for ratification. To answer Mayors Kelly’s question of when it took place was on January 18, 2022 at 6:30 by the Civil Service Commission. Council had the authority to ratify it even though it happened yesterday. The answer to who authorized this, the Civil Service Commission can conduct it but it isn’t ratified until Council votes on it. Mayor Kelly commented the motion should be to ratify. Solicitor DiLucente replied it must be due to the phone, because it was read correctly. Mayor Kelly commented the Civil Service Commission had to be provided with a name of a candidate to interview, that candidate should have been selected by vote of Council. Solicitor DiLucente responded it does not have to be by vote of Council. It can be suggested or offered by any of Council. It doesn’t become approved until Council votes on it. Mayor Kelly stated he is asking how the name of the person was selected. Solicitor DiLucente commented he does not know the answer to that. Mr. Stephenson commented it was a recommendation from the Chief. It was discussed last week at the work session, but is a personnel matter and couldn’t be discussed in public. Mr. Stephenson stated Council did approve the candidate that was recommended. Mayor Kelly asked where this was approved at. Mr. Stephenson stated in the back room. Mr. Moses stated the discussion was to authorize a recommendation taken from the Police Chief for this candidate to be interviewed by the Civil Service Commission. The interview in itself does not constitute a hiring action or a motion for Council to vote on.  JANUARY 19, 2022 8235 Roll Call: Six ayes, no nays. Motion carried. O. Motion by Kostelnik, seconded by Inglis to approve Collective Bargaining Agreement between the Borough of West Mifflin and the West Mifflin Borough Police Association for CBA January 1, 2022-December 31, 2026. Roll Call: Six ayes, no nays. Motion carried. DEPARTMENTAL REPORTS: Community Development……………………………………………………....Jeffrey Youkers Mr. Youkers read the Community Development Report for the Month of December 2021. Police……………………………………………………………..…Chief Gregory McCulloch Chief Gregory McCulloch read the Police Report for the Month of December 2021. Public Works…………………………………………………………………………James Hess Mr. Hess read the Public Works Report for the Month of December 2021. Mr. Stephenson commended the Public Works Department on the snow removal from the previous snow storm. Mr. Stephenson also made it public that Commonwealth is not maintained by the Borough. Mr. Stephenson asked if there is a list of County and State maintained roads on the website. Mr. Kamauf responded yes, it is on the website and also is posted to Facebook. Mayor Kelly commented several years ago Penn DOT asked us about reciprocal agreements. Such Commonwealth is such a small section, have we looked into salting it and getting reimbursed. Mr. Kamauf replied he has researched the agility agreements and there were many discussions. It is not advantageous for the Borough to assume the responsibility they are asking for the amount they are paying. Mr. Hess is also in agreement. Mayor Kelly replied to maybe look into it again and see if it is something that can be worked on. EMS…………………………………………………………………………Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of December 2021.  JANUARY 19, 2022 8236 REPORT OF THE MAYOR: Mayor Kelly did not have anything to report. REPORT OF THE SOLICITOR: Solicitor DiLucente reported most of the items have already been covered from A through O. Solicitor DiLucente commented with Agenda Items I-J Council approved them as they always do, with the Planning Commission approval it would be conditioned to whatever the Planning Commission’s recommendations are. The recommendations were for the Highway Occupancy Permit. Solicitor DiLucente reported he got a call from former head of Penn DOT Sean Logan. Solicitor DiLucente was contacted regarding UPMC Satellite offices in regards to a potential sign on Clairton Blvd. Solicitor DiLucente forwarded the information to Brian Kamauf and Butch Anthony. REPORT OF THE ENGINEER: Mr. Elyes reported Minniefield was given their notice to proceed for the 2021 structure demolition project on January 7, so they have until April 7, 2022 to complete. Mr. Elyes spoke to Minniefield yesterday was told they are waiting on abatements for 3 properties and they plan to mobilize February 1, 2022. Mr. Elyes reported Livingston Road storm water project was completed in December, but they will be back in the spring to reseed properties. Mr. Elyes reported the Public Works electrical upgrade project is ready for bid and will be ready to advertise it next week. Mr. Elyes reported he has reached out to PA American Water but is waiting on a response on the Duquesne Avenue culvert replacement project. As soon as it can be confirmed that the water line was moved the project can also be advertised. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of December 2021.  JANUARY 19, 2022 8237 Mr. Kamauf reported we will be aggressively approaching grants to receive as much funding as possible while it’s open for much needed projects in the Borough. Mr. Moses asked if any planning was done for the stimulus money that has been received. Mr. Kamauf replied the actual final list just came out. Mr. Kamauf briefly read it but haven’t went in depth yet. Mr. Kamauf stated hopefully he can sit with Council and get the final plan. Mayor Kelly commented the Department of Treasury stated they have loosened the restrictions, as long as it is in the best interests of our community. Mr. Kamauf stated there a 3 calls that the Federal Government set up for us to do. Mayor Kelly asked when the deadline is for spending the money. Mr. Kamauf replied all the money has to be spent by 2024. Solicitor DiLucente stated it is very clear that because of the confined amount of money and the specificity of the money on where it needed to be spent was constricting. While there have been some changes it’s still not made final. Solicitor DiLucente recommended get the final plan in place of where the money is going to be utilized and submit it to Solicitor DiLucente’s office so he can provide his legal opinion. Mayor Kelly commented there is a determination that has to be done by April 1, 2022 and if we are putting bids out on anything it would have to be done so we get them back by April. Mayor Kelly stated to his understanding the money has to be spent or in contract by 2024 or it has to be returned. Mr. Kamauf stated by April 1 st they do not have to have their determination of all of this. Mayor Kelly replied no, there is a deadline of responding to the determination of your plan of action. Mr. Kamauf commented there are still questions that are being answered. We should have been at this point last year but with all the restrictions we couldn’t spend the money on anything. Mr. Kamauf commented at the meeting next month it can be discussed because there will be a better understanding of how to reciprocate these funds over the next 2 years. Mr. Stephenson commented he would like to see the response from the Department of Treasury. Mr. Kamauf replied he will forward it along.  JANUARY 19, 2022 8238 PAYMENT OF BILLS: Motion by Moses, seconded by Inglis that all bills properly approved by the Finance Committee be paid. Roll Call: Six ayes, no nays. Motion carried. NEW BUSINESS: No new business. CITIZENS COMMENTS: Dave & Patti Pulkowski 475 Livingston Road stated they are here for an issue with ice on their road that has been ongoing now for 3 years. They are being advised that the gentleman with the sump pump producing clean water that is turning to ice is being taken to court. Mr. Pulkowski stated the problem is that there is not a catch basin where there should be one. Even regular rain water doesn’t even hit the other catch basins that are there which is due to the grading of the road. Mrs. Pulkowski commented she brought pictures from before the meeting showing the water coming from the sump pump and pooling in front of their house. Mr. Stephenson commented this will have to be deferred to the Solicitor since this is an ongoing legal issue. Solicitor DiLucente stated he does not permit Council to discuss ongoing litigation. Solicitor DiLucente commented Council recognizes this issue and they are taking the potential person to court. After the ruling it can then be appealed and then appealed again. During the course of that there’s no other remedy Council can do. If any Council member were to make a statement on behalf of the Borough that could potentially be utilized against the Borough. Mr. Pulkowski asked if this is a West Mifflin Borough ordinance or if this is an Allegheny County Plumbing ordinance. Solicitor DiLucente replied we can only act under West Mifflin ordinance and/or if there is a State or County law that can be enforced. Mr. Pulkowski asked where West Mifflin’s part is because not having catch basins there is causing this.  JANUARY 19, 2022 8239 Solicitor DiLucente replied this is more of an Engineering/Code Enforcement question. Mr. Hess replied those roads were put in and designed 50 years ago and the catch basins are spaced where they thought they should go. Mr. Hess commented there is always settling and the ground moving and the road is tilted towards Mr. Pulkowski’s property. Mr. Pulkowski commented redoing the asphalt the area could help with the direction the water go. Adam Schlott 390 Kaywood Drive stated he is here for the same issue with the ice on Livingston. Mr. Schlott is the parent of a special needs child, the bus does stop on Kaywood. Mr. Schlott recalled an incident when a truck almost hit the bus due to the ice. Mr. Schlott is concerned for the safety of his neighbors. Amber Sparks 504 Maple Street stated how dangerous the curve is where she lives. Ms. Sparks commented cars also speed around the sharp bend. Ms. Sparks stated numerous accidents that have happened on the bend. Ms. Sparks stated a neighbor across the street has tall bushes which cause cars to cross the yellow line. Ms. Sparks talked to Penn DOT and they advised her the bushes need trimmed because it is an obstruction. Ms. Sparks stated another issue she has is her daughter having to walk in the street when going to her bus stop because there are no sidewalks. Mr. Stephenson replied he is familiar with the area, and asked Mr. Hess if there are any guard rails along there. Mr. Hess replied only on a straight section of the road, but not the bend. Mr. Stephenson asked Mr. Hess about stop signs or something being put there to deter the speeding. Mr. Kostelnik stated to maybe a study can be done on that section of the road. Solicitor DiLucente asked if Ms. Sparks has reached out to the House of Representatives, or State Senator since the Penn DOT route is exhausted. Since this is a State Road West Mifflin would not have jurisdiction. Mr. Moses commented a survey would have to be requested by Penn DOT. Mr. Moses stated Council complaints is on the same level as resident complaints. Mr. Stephenson asked if Council could reach out to Penn DOT. Mr. Kamauf replied he would like to wait because sometimes it can make a situation worse. Mr. Kamauf would like to speak to Mr. Hess and Chief McCulloch first.  JANUARY 19, 2022 8240 Mr. Stephenson asked if we can put the digital speed sign there to maybe slow people down. Chief McCulloch replied he will find somewhere to put one. Mr. Kostelnik asked who Ms. Sparks spoke with from Penn DOT. Mr. Stephenson commented there are some things that can be done temporarily to help slow down the cars. Mr. Kamauf commented he will reach out to Penn DOT and try to get the road study done. Mr. Stephenson commented Ms. Sparks should also contact the State Representative since he is the liaison between West Mifflin Borough and Penn DOT. ADJOURNMENT: Motion by Kostelnik, seconded by Davis that the Meeting be adjourned. Meeting adjourned at 7:45 pm prevailing time.