Borough Council

FEBRUARY 16, 2022 8238 A retirement plaque was presented to Lieutenant Tom Kahler along with Congratulations and gratitude from Council, Mayor, Police Chief Gregory McCulloch and Borough Manager Brian Kamauf. PUBLIC HEARING: A. Conditional use request from The Source Church of Pittsburgh which is located at 1922 Pennsylvania Avenue West Mifflin, PA 15122. Solicitor DiLucente opened the Public Hearing. Arlene Fath 1929 Pennsylvania Avenue stated she is in support of the Church. Mr. Anthony stated the application for any Church is a conditional use application. The Church appeared before the Planning Commission in December. The church has stated they will use the school facilities for pretty much the same things the school has. There will be recreation facilities in the gym, a public gathering for the worship services, and classrooms for teaching education. Solicitor DiLucente stated since there were no questions the request can now be voted on. Motion by Moses, seconded by Kostelnik Roll Call Six ayes, no nays. Motion carried. COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on February 16, 2022 at 6:36 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: Leon Harrison 3520 Duquesne Avenue stated he was here to speak about Item 7 H. Mr. Harrison stated he had a few questions before this motion is approved or denied. Mr. Harrison stated from what he heard Mayor Kelly was being evicted from his office space.  FEBRUARY 16, 2022 8239 Mr. Stephenson commented the agenda item is about approving to lease office space. Mr. Stephenson advised Mr. Harrison to speak at the end under the citizen comments section. Mayor Kelly commented his office number is 201. Mr. Stephenson replied the lease agreement is what is being approved. Mr. Harrison commented so if 201 is moved upon approval that means the Mayor will be out of his office. Mr. Stephenson stated correct. Solicitor DiLucente commented Council has the discretion of answering the questions now that pertain to the lease. Mr. Stephenson commented he has a statement to read before the citizen comments since everyone is there in support of Mayor Kelly. Mr. Harrison requested clarity of how it came about, and stated it seemed premature from looking at a picture of the Mayor already being removed from his office. Mr. Harrison explained why he believes the Mayor should have an office in the building. Matthew Bartko 1125 Lee Street asked how agenda item 7 H benefits the Borough. Mr. Stephenson replied that will be discussed with the statement Council will read. Mr. Bartko asked if that would be prior to or after voting on the motion. Solicitor DiLucente asked for everyone to speak one person at a time. Solicitor DiLucente confirmed if the questions are the pros and cons and the benefits of having the lease approved. Mr. Bartko replied correct. Mr. Kamauf commented the pro is the Borough is renting office space and the Borough will receive over Twenty Thousand Dollars ($20,000.00) per year in revenue, which can be used for many useful purposes. Mr. Bartko replied he assumes there are no cons and that the Borough has not considered the disadvantage this is causing to the residents and that the space being leased is taken away from Borough employees to use.  FEBRUARY 16, 2022 8240 Mr. Kamauf replied Borough employees do not use that facility. Mayor Kelly is an elected official and there are other rooms that can be used. Council has offered the conference room and the Council Chambers. Mayor Kelly commented the amount of time he spends here on weekends and evenings is being excluded. Mr. Stephenson commented Council has the statistics of how many times the building has been accessed in the last 3 years. Each party provided their opinions and there was some debate from both sides. Mr. Stephenson read the prepared statement. APPROVAL OF MINUTES: Motion by Kostelnik, seconded by Santoro that the minutes of the Council Meeting be approved. Roll Call Six ayes, no nays. Motion carried. AGENDA ITEMS: A. AN ORDINANCE OF WEST MIFFLIN BOROUGH, ALLEGHENY COUNTY, COMMONWEALTH OF PENNSYLVANIA, RE-ESTABLISHING A GENERAL SCHEDULE OF FEES, COSTS, AND CHARGES THAT ARE REQUIRED TO BE PAID FOR PERMITS, LICENSES, OR SERVICES THAT ARE NOW PROVIDED FOR BY BOROUGH ORDINANCES AND THE CODES OF THE BOROUGH OF WEST MIFFLIN; REPEALING ANY AND ALL ORDINANCE PROVISIONS OR RESOLUTIONS INCONSISTENT THERWITH; ALLOWING FOR ANY FUTURE AMENDMENTS TO SAID FEE SCHEDULE TO BE MADE BY RESOLUTION OF BOROUGH COUNCIL. Solicitor DiLucente opened the Public Hearing after hearing no comments Solicitor DiLucente closed the Public Hearing. Motion to table by Kostelnik, seconded by Inglis Roll Call: Six ayes, no nays. Motion tabled. B. Motion to table AN ORDINANCE OF THE BOROUGH OF WEST MIFFLIN RELATIVE TO THE ESTABLISHMENT AND MAINTENANCE OF BOROUGH NON-UNIFORMED PENSION, ANNUITY, INSURANCE AND BENEFIT FUND OR  FEBRUARY 16, 2022 8241 FUNDS; AMENDING CERTAIN PROVISIONS OF THE PENSION PLAN OR PROGRAM APPLICABLE TO NON-UNIFORMED ADMINISTRATIVE EMPLOYEES BY OFFERING EARLY RETIREMENT UNDER CERTAIN CIRCUMSTANCES FOR A LIMITED PERIOD OF TIME. Darlene Batko 520 Indus Street Pittsburgh PA asked if this is a buy out. Ms. Batko stated that’s a lot of money to pay someone out earlier. Solicitor DiLucente replied this is just a motion to table the proposed ordinance. Solicitor DiLucente commented there will be a future public hearing on this Ordinance. Solicitor DiLucente commented it would be to the discretion of Council to let Ms. Batko speak since she is not a West Mifflin resident. Ms. Batko replied part the reason she has been coming is to speak about her nephews neighbors house. Ms. Batko stated she is dealing with West Mifflin issues. Mr. Stephenson commented this discussion is getting off track. Mr. Kamauf replied the only thing that can be spoken on is this motion. Mr. Kamauf stated in a general census its not a buy out. If an early retirement is offered it is done with a statistical analysis. There is a benefit to the Borough, usually there is a cost savings when these are done. Mr. Kamauf advised Ms. Batko to call the State Actuary and the Auditor General. Motion to table by Kostelnik, seconded by Inglis Roll Call: Six ayes, no nays. Motion tabled. C. Motion by Kostelnik, seconded by Inglis to approve Donald & Janet Boger 326 Bellwood Road Lot & Block 182-C-079 & 085. The applicant is requesting Consolidation- Lot Line of 2 parcels. Parcel #182-C-076 & 182-C-085. These parcels are located on Bellwood Road. Roll Call: Six ayes, no nays. Motion carried. D. Motion by Kostelnik, seconded by Inglis to approve Clarence & Michelle Gunter 3303 Duquesne Avenue 181-G-133 & 181-G-135. The applicant is requesting a simple lot consolidation recommendation for Parcel # 181-G-133 &181-G-135. This consolidation would allow the use of the parcels for anticipated Accessory Structures. Roll Call: Six ayes, no nays. Motion carried. E. Motion by Kostelnik, seconded by Inglis to approve Margo Cicci & John Wisniewski 3121 New England Road. The applicant is requesting a simple 2 lot consolidation recommendation for Parcel # 386-J-80 & 386-J-100. This consolidation would allow the use of the parcels for anticipated Accessory Structures. Roll Call: Six ayes, no nays. Motion carried.  FEBRUARY 16, 2022 8242 F. Motion by Kostelnik, seconded by Inglis to approve Barbara Jo Kincaid 2210 Vermont Avenue. The applicant is requesting a simple 2 lot consolidation recommendation for Parcel # 241-M-65 & 241-M-67. This consolidation would allow the use of parcels for anticipated Accessory Structures (Above Ground Pool). Roll Call: Six ayes, no nays. Motion carried. G. Motion by Kostelnik, seconded by Inglis to approve Two (2) requested modifications for the Express Car Wash Concepts sire plan to be located at 2100 Mountain View Drive, as recommended by the Planning Commission and Engineer: 1. The width of the Emergency driveway from 20’ to 14’ 2. The slope of the Storm Water Drain to 1’. Roll Call: Six ayes, no nays. Motion carried. H. Motion by Kostelnik, seconded by Inglis to approve Lease of Office Space at 1020 Lebanon Road to KLH Engineering, offices included are offices 230, 232, 221, 222 and 201. Roll Call: Six ayes, no nays. Motion carried. I. Motion by Kostelnik, seconded by Inglis to approve leases between the Borough of West Mifflin and West Mifflin Youth Baseball and Softball. Roll Call: Six ayes, no nays. Motion carried. J. Motion by Kostelnik, seconded by Inglis to approve raising the hourly wage of the Crossing Guard Position to $11.93 per hour. Roll Call: Six ayes, no nays. Motion carried. K. Motion by Kostelnik, seconded by Inglis to approve Sheila Sebastian as Confidential Secretary, at a salary of $40,000.00 per year. Roll Call: Six ayes, no nays. Motion carried. L. Motion by Kostelnik, seconded by Inglis to approve the hiring of Robert Husfelt as Assistant Chief of the West Mifflin Police Department. Roll Call: Six ayes, no nays. Motion carried. Mayor Kelly commented he asked to reserve his comments to speak before the motion on agenda item 7 H. Mr. Stephenson replied he misunderstood, and the vote was already taken.  FEBRUARY 16, 2022 8243 DEPARTMENTAL REPORTS: Community Development…………………………………………………...Walter B. Anthony Mr. Anthony read the Community Development Report for the Month of January 2022. Mr. Anthony commented Minniefield Demolition has started to demolition the properties that were previously approved. Mr. Moses asked how many pending demolitions are sited after this round. Mr. Anthony replied there are 8 more under contract. Three are done and 8 more to be demolished. Mr. Moses asked if all the public hearings have been completed. Mr. Anthony replied yes, we are waiting for funding from CDDG. Police……………………………………………………………..…...Chief Gregory McCulloch Chief Gregory McCulloch read the Police Report for the Month of January 2022. Public Works…………………………………………………………………………James Hess Mr. Hess read the Public Works Report for the Month of January 2022. Mr. Hess stated under the MS4 the Public Works Department is giving education on not to dump gasoline or cooking oil into the storm sewer system. Public Works will be going door to door with flyers. Mr. Hess reported the street paving list will be turned over to the Engineers in early March. EMS…………………………………………………………………………Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of January 2022. REPORT OF THE MAYOR: Mayor Kelly asked Solicitor DiLucente if he is to report any funds received. Mayor Kelly stated how many weddings he has done and stated he is allowed to charge up to $250. Mayor Kelly stated he has never charged anyone for a wedding.  FEBRUARY 16, 2022 8244 Solicitor DiLucente replied any public official always must report funds due to ethics. Mayor Kelly stated there were people that sent him gift cards, which he donated to local food banks. Mayor Kelly asked Solicitor DiLucente if under the Borough Code Council has a duty to inform him of all discussions and deliberations. Solicitor DiLucente replied all deliberations and discussions in which action were to be taken. Mayor Kelly asked Mr. Stephenson and Mr. Kamauf when he was notified that he was being evicted from his office, and when was it discussed. Mr. Kamauf replied he informed Mayor Kelly in October or November that KLH might possibly rent space. In December Mayor Kelly didn’t attend the meeting in which Council had the discussion. Mr. Kamauf stated after the holidays he contacted Mayor Kelly to inform him. Mayor Kelly asked for a copy of the lease. Mr. Kamauf stated the lease is being worked on, but the terms of the lease are being voted on. Mayor Kelly asked the amount of the total revenue for the offices being rented. Mr. Kamauf replied over $20,000.00 Dollars. Solicitor DiLucente commented allegations cannot be made. The vote for KLH was done tonight. Solicitor DiLucente commented Borough Council has the authority and discretion to spend money to create budgets. Mayor Kelly can have input but does not have a vote. Mayor Kelly asked Council who agreed to evict him from his office. Mr. Stephenson replied no one voted to evict him, Council voted to lease the space. Council and Mayor Kelly provided their opinions about leasing the office Mayor Kelly used to KLH Engineers. Mayor Kelly asked Solicitor DiLucente if he is correct to state that he oversees the Police Department. Solicitor DiLucente stated that is correct. Mayor Kelly expressed his frustration about not being chosen to present an award to a retiree.  FEBRUARY 16, 2022 8245 Mayor Kelly asked about Council having a Social or Community Intervention worker with the Police Department due to the increase of Domestic Violence, Truancy, Delinquency, weapons. Mayor Kelly asked Council to consider this. Mayor Kelly stated some months back he reached out to US Steel and explained it would be nice to have a pavilion at our Community Park that says US Steel. US Steel offered to meet at the park and stated they would build a pavilion bigger than the biggest pavilion. Mayor Kelly commented the pavilion was turned down. Mr. Kamauf replied it was not turned down, there is a plan for the park but putting the facility up before the rest of the park was redone did not make sense. Mayor Kelly stated he has been bringing up using the rescue money for blight remediation. Solicitor DiLucente replied demolition is listed, but the demolition needs to have written justification of how it will help the health of the public. Mayor Kelly read the page that describes the demolition. Solicitor DiLucente pointed out a footnote. Mr. Moses stated this Council has been on top of these blight houses, and they are starting at the top priority houses first. Mayor Kelly asked Council to give a monetary donation to the Salvation Army. Mayor Kelly asked by what date does he need to be out of his office. Mr. Kamauf replied he believes March 15. Tom Fink 4828 Brierly Drive W asked how a move out date is already decided when there hasn’t been a vote. Mr. Kamauf stated when a contract is done there are start dates provided in the negotiation and contract. REPORT OF THE SOLICITOR: Solicitor DiLucente reported there were different types of loans given when Covid caused a disaster. Solicitor DiLucente has been asked numerous times how to spend this money. Solicitor DiLucente stated he advised Council to sit and wait for the final ruling from the Treasury Department because the penalties could be very severe if the money was not spent correctly.  FEBRUARY 16, 2022 8246 Solicitor DiLucente stated the other question about using the money is towards roads. Solicitor DiLucente recommended BDO which is a national company and largest accounting and consulting firm in Pittsburgh. Solicitor DiLucente stated anytime you get money from the Federal Government there are either strings attached, or they want the money back. Solicitor DiLucente commented going through BDO will make the Borough completely protected. Mayor Kelly pointed out demolition would meet the requirements because of rodent infestations which are a public health issue. REPORT OF THE ENGINEER: Mr. Elyes reported Minniefield Demolition has completed two of the demolition projects and moved to the third one today, then will have 8 more to go. Mr. Elyes reported the Public Works garage electrical upgrade plans are being finalized and will be ready for bid next week. Mr. Elyes reported he reached back out to PA American water about moving the water lines for the Duquesne Avenue culvert replacement project. PA American water stated those employees were no longer there and there is no record of the meeting. PA American water stated they have a plan and will be moving the lines. Mayor Kelly asked about the Livingston Road ice problem. Solicitor DiLucente replied this is still in litigation. Mr. Stephenson asked if we are prohibited in fixing the issue since it is in litigation. Solicitor DiLucente replied the root of the actual cause needs to be identified to reveal the ultimate responsible party. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of January 2022. PAYMENT OF BILLS: Motion by Moses, seconded by Inglis that all bills properly approved by the Finance Committee be paid. Roll Call: Seven ayes, no nays. Motion carried. NEW BUSINESS: No new business.  FEBRUARY 16, 2022 8247 CITIZENS COMMENTS: Mr. Inglis asked Solicitor DiLucente if the action to vacate the Mayor from his office does not need a vote. Solicitor DiLucente replied that is correct Mayor Kelly asked since it is not a vote what if 4 say yes and 3 say no then what would happen. Matthew Bartko asked if he was correct with the timeline. Mr. Bartko stated the school district left, leaving a gap in revenue, then it was decided in executive session to pursue other tenants, after a tenant was found it was discussed behind closed doors to use the Mayor’s office. Solicitor DiLucente stated this has already been explained. Mr. Bartko believed this was done behind closed doors. Mr. Moses stated the discussion of renting the office space was done at the work sessions in public view. Mr. Moses stated he knows this is an emotional topic for some people, but when the preliminary budget was released and there were hearings held there was an $800,000.00 deficit not a single citizen here to ask how we will pay for these things. At that time a .5 mil tax increase was implemented. Mr. Moses stated he loves seeing all the people here and there are a lot of very important topics discussed in these meetings. Mr. Bartko stated he was here because he saw there was some drama going on in the Borough and he just wanted to come to get a better understanding. There was further discussion regarding when the office space was discussed. Mr. Kamauf stated the agenda does not need to go out to the public for the caucus meeting. Mr. Kamauf stated he had a meeting with the state open records facility. Solicitor DiLucente stated the work session is to work through what will be on the agenda, and the work session does not need advertised. Mayor Kelly commented if there are deliberations the meeting needs to be advertised. Solicitor DiLucente stated the deliberation, and the discussion of action is at an open meeting at the work session. Mr. Bartko commented people will show up for meetings when there is something on the agenda that they know they will care about.  FEBRUARY 16, 2022 8248 Leon Harrison 3520 Duquesne Avenue asked how much money was lost from the school district moving their offices out of the building. Mr. Kamauf replied around Twelve Thousand Dollars ($12,000.00). Mr. Moses commented he was very involved with the purchasing of the building and the deal with school district. The school district’s portion was to pay for the maintenance of the facility. Mr. Kamauf commented he believes the total was Eight Thousand Six Hundred Dollars ($8600.00). Mr. Harrison commented he was just wondering what the need was to go from Eight Thousand Six Hundred Dollars ($8,600.00) to Twenty Thousand ($20,000.00). Mr. Moses commented Eighteen Dollars and Fifty Cents ($18.50) per square foot is a pretty good rate on office space. Mr. Inglis commented an offer presented itself at the perfect time and a sense of urgency behind some of the decisions. Mr. Moses commented of course he is not happy that it has come to this, but sometimes there are creative solutions available that aren’t seen at the time of the decision making. Mr. Moses commented in the interim the Conference Room can be used by the mayor. Mr. Moses asked Mr. Kamauf if at some point the school district may vacate all their offices. Mr. Kamauf replied he hears rumors too but cannot speak on that. Mr. Harrison asked if the deal with KLH would have fell through if we had only given 4 offices instead of 5. Mr. Kamauf replied yes they needed that amount of space. The office they are leaving actually had slightly more space. Lynn Kostelnik 4996 Aspen Street asked if the Twenty Thousand Dollars ($20,000.00) is a month or a year. Mr. Stephenson replied a year. Darlene Batko 520 Indus Street Pittsburgh PA stated she gave Council a packet that she prepared and paid for about land banks. Ms. Batko stated she has not heard anything from anyone. Ms. Batko stated Council should be using this money they mayor got.  FEBRUARY 16, 2022 8249 Solicitor DiLucente corrected Ms. Batko and stated this money is Corona virus state and local fiscal recovery funds which was given to every municipality. Ms. Batko commented have there been any repercussions for other Boroughs that have started using their money. Mr. Kamauf replied no because it hasn’t had to be reported yet. Ms. Batko stated Council brought up lead paint remediation for children and people in the West Mifflin area. Ms. Batko stated in the City of Pittsburgh there is a program that West Mifflin can apply for. Ms. Batko stated there is a recycle program West Mifflin can apply for dealing with gas and oil in the storm sewers. Mr. Hess replied we did apply and received that. Ms. Batko asked if the Tax Collector pays for rent. Mr. Kamauf replied part of the agreement with the Tax Office is they have to be paid a stipend of money and by Borough Code they have to be provided with space. Ms. Batko asked if office space needs to be provided for the mayor. Mr. Kamauf replied by Borough Code no. Ms. Batko stated she has worked for mayors and has not ever seen this disrespect. Mr. Davis stated Council’s emails are available and they can be contacted. Ms. Batko stated she was here in the past for her nephew regarding a house next door that had rats and racoons. Ms. Batko commented it was 4 years ago when she was here, and the house is still sitting there. Mr. Kamauf asked if the house is on the demo list. Ms. Batko replied yes it is. Mr. Kamauf replied there is a process to condemn houses and get them demolished. Ms. Batko stated the Borough does so much for the tax office and wouldn’t even let the mayor give congratulations to a Police officer that was leaving. Mr. Kamauf apologized and stated he has never done it and believed the Police Chief had an emergency and meant no disrespect.  FEBRUARY 16, 2022 8250 Angie Malloy 4804 Brierly Drive E stated she understands making a business decision but also believes one of the facets of being an Elected Official is to listen to your constituents as issues come up. Ms. Malloy believes that the actions here tonight do not come with transparency or collaboration. Ms. Malloy stated she is asking Council to take the time to consider that there are extenuating circumstances that are butting from the distrust and apprehension. Mr. Inglis stated Council does not take this lightly or just sit back and do what they want. Mr. Inglis stated he doesn’t see why accommodations and compromise can’t find a remedy to this issue moving forward. Ms. Malloy replied if it comes with communication. ADJOURNMENT: Motion by Inglis, seconded by Santoro that the Meeting be adjourned. Meeting adjourned at 8:43 pm prevailing time.