Borough Council

OCTOBER 17, 2023 8332 COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the Municipal Building Council Chambers on October 17, 2023 at 6:30 p.m. prevailing time with President Scott Stephenson presiding. ROLL CALL: Topolnak Present Davis Present Santoro Present Inglis Present Kostelnik Absent Moses Present Stephenson Present Six members present. Mayor Kelly present. CITIZEN COMMENTS ON AGENDA ITEMS: No citizen comments. APPROVAL OF MINUTES: Motion by Davis, seconded by Topolnak that the minutes of the September 19, 2023 Council Meeting be approved. Roll Call Six ayes, no nays. Motion carried. PUBLIC HEARING: Solicitor DiLucente opened the Public Hearing at 6:35 for A. A Conditional Use Authorization requested by Sunset & Dreams LLC. The Request is for a condition use authorization under Chapter 290 Table of Use sub section 290-81 Drive through Facility. The applicant is requesting this authorization to allow for the construction of a 2,300 square foot restaurant with drive thru service. Allen Turner 601 Irwin Run Road – Mr. Turner states that he lives directly behind the property and has for 42 years. Mr. Turner has concerns due to the number of accidents that are already occurring at the intersection. Mr. Turner would like to know if they are going to serve alcohol, and how they plan on keeping the area safe. Mr. Turner said there is major tractor trailer traffic and a gas line that runs under the property, so he is very against this construction. Mr. Anthony introduced the owner of Sunset Burgers to address the concerns. Mr. Jonathan Vlascik introduced himself as the chef and owner of Sunset Burgers. Mr. Vlasick confirmed that there will be no alcohol permit for the business, as it is a classic burger and milkshake restaurant. Mr. Anthony stated Mr. Vlascik has also offered to subdivide his property to give certain parts to neighbors of Irwin Run Road who have already encroached on his property at no cost. Michael Diamond 616 Irwin Run Road – Mr. Diamond stated that the backyard of his property is directly behind the property being used for Sunset Burgers. Mr. Diamond stated his pool, shed and fence are on Mr. Vlascik’s property. Mr. Diamond asked if there are going to be privacy bushes or any lights on at night, as he is concerned about the shining lights on his porch and in his back yard.  OCTOBER 17, 2023 8333 Solicitor DiLucente stated that Mr. Diamond can speak with Mr. Vlasick separately regarding property disputes but believes Mr. Anthony can address one of the concerns. Mr. Anthony said a lighting study was completed, and the lighting of the parking lot should not be an issue. Kevin Reichert 605 Irwin Road – Mr. Reichert is concerned about the access road on Irwin Run Road for turning in and pulling out of the restaurant. Mr. Anthony stated that Mr. Vlasick is aware that he will need the approval and an HOP from PennDot and is being worked on now. Mr. Anthony said the layout has taken traffic into consideration for approval. Mr. Turner. asked if the property owner was aware of a Verizon facility behind the property. Mr. Anthony stated the Survey shows utility lines and the Contractor will call PA One Call before construction. After hearing no other comments Solicitor DiLucente closed the Public Hearing. Motion by Davis, Seconded by Topolnak. Roll Call Six ayes, no nays. Motion carried. PUBLIC HEARING Solicitor DiLucente opened the Public Hearing at 6:45 for B. Inter-Municipal Transfer of Restaurant Liquor License No. R-5072, Requested by Primo’s Tacos, LLC. . After hearing no comments Solicitor DiLucente closed the Public Hearing. Motion by Davis, Seconded by Inglis. Roll Call Six ayes, no nays. Motion carried. AGENDA ITEMS: A. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN, ALLEGHENY COUNTY TO MAKE DECLARATION OF OFFICIAL INTENT AND ALLOCATIONS WITH RESPECT TO REIMBURSEMENTS OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT TAX-EXEMPT BORROWINGS. Motion by Davis, seconded by Topolnak. Roll Call Six Ayes, no nays. Motion carries. B. RESOLUTION OF THE BOROUGH OF WEST MIFFLIN, WHEREAS, THE BOROUGH OF WEST MIFFLIN DESIRES TO CONFIRM THE APPOINTMENT OF ITS FINANCIAL AND LEGAL PROFESSIONALS, TO ADVISE THE BOROUGH ON, AND TO HANDLE MATTERS WITHING THEIR COMPETENCES RELATED TO, THE BOROUGH’S BOND ISSUES, PARTICULARLY THE ANTICIPATED FINANCING OF VARIOUS CAPITAL IMPROVEMENTS; THE BOROUGH HEREBY RETAINS PIPER SANDLER & CO., INVESTMENT BANKER, TO COMPLETE AN ANALYSIS OF ITS PRESENT DEBT AND TO PRESENT TO THE BOROUGH; THE BOROUGH HEREBY RETAINS DODARO, MATTA & CAMBEST P.C., BOND COUNSEL, TO HAND ALL LEGAL ASPECTS OF THE BOND. Motion by Davis, seconded by Topolnak. Roll Call Six Ayes, no nays. Motion carries. C. Motion to approve and certify the 2024 Minimum Municipal Obligation for Police and Non-Uniformed Employees’ Pension plans:  OCTOBER 17, 2023 8334 Police in the amount of $1,345,599. Non-Uniformed in the amount of $185,442. D. Motion to approve utilizing the ARPA Funds under the State and Local Fiscal Recovery Funds as revenue replacement. E. Motion to approve simple two lot subdivision of the Michael Plan; this Parcel contains 3.46 acres, lot and block 469-B-170 located at 109 Lewis Run Road. F. Motion to approve simple two lot subdivision of 3.39 acres, lot and block 386-P-147, 386-P-150 and 469-B-76. Property located at 2745 and 2803 New England Road. G. Motion to approve Preliminary and Final Site Plan approval for True Holdings for property located at 3711 Homestead Duquesne Road, for construction of a 2 story 6,000 square foot office and warehouse building, with the condition it meets all of the Borough Engineer’s comments. Motion by Inglis, seconded by Davis for Agenda Items C- G. 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 September 2023 Mr. Anthony stated that the Summary Appeal Hearing was held today for Century III Mall; the fine that was originally given by Judge Olasz has been reduced. Mr. Anthony added that the Condemnation Hearing is this Monday which is just a zoom call with the Judge. The Borough is also pushing forward to have the building demolished. Mayor Kelly asked if the hearing will be available to elected officials. Mr. Anthony replied that he is not responsible for that. Solicitor DiLucente stated a transcript will be available. Police…………………………………………………………….…...Chief Gregory McCulloch Chief McCulloch read the Police Report for the Month of September 2023. Public Works……………………………………………………………….…Anthony DiCenzo Mr. DiCenzo read the Public Works Report for the Month of September 2023. EMS…………………………………………………………………………Chief Todd Plunkett Chief Plunkett read the EMS Report for the month of September 2023. REPORT OF THE MAYOR: Mayor Kelly reported he is researching a youth feeding program and would like to make sure it would not conflict. Mayor Kelly asked Council if they had any objections to him looking into the program and possible training required. Borough Council did not have any objections.  OCTOBER 17, 2023 8335 Mayor Kelly reported Brough resident disputes he helped to resolve. Mayor Kelly brought up the dog Kennel issue on Castle Drive. Council and the Mayor had discussions regarding having the Kennel’s removed through the courts as they are not permitted. REPORT OF THE SOLICITOR: Solicitor DiLucente stated he wanted to speak on the dog kennel issue. Last month Solicitor DiLucente was approached by Council to have an ordinance regulating animals, there is a proposed Ordinance being circulated. Solicitor DiLucente stated the Ordinance needs to be bullet proof. The proposed Ordinance would allow up to 5 pets which include fish to Honey Bees. Solicitor DiLucente stated the past month has been the busiest month in his whole time at West Mifflin. Solicitor DiLucente has been working on various things and had meetings regarding the purchase of Westwood Golf Course. Solicitor DiLucente has also been working on an issue with a strip of grass turning brown in between 2 residents’ homes. REPORT OF THE ENGINEER: Mr. Elyes did not have anything to report this month. REPORT OF THE BOROUGH MANAGER: Mr. Kamauf read the Finance Report for the month of September 2023. PAYMENT OF BILLS: Motion by Moses, seconded by Davis that all bills properly approved by the Finance Committee be paid. Roll Call: Six ayes, no nays. Motion carried. NEW BUSINESS: Mr. Kamauf stated the Borough Halloween Event will be held October 28, 2023 from 11am-1pm and Trick or Treating will be held on October 31, 2023 from 6:00 - 7:30 pm. CITIZENS COMMENTS: Don Guerra 204 Shaker Drive – Mr. Guerra said he came to ask the Borough to consider new animal ordinances but as discussed, the Borough is already looking into it. Mr. Guerra states he is happy to hear this. Deborah Weber 309 Castle Drive – Ms. Weber asked if people would be “grandfathered in” if new animal ordinances were put into place. Mr. DiLucente answered no, they would not be grandfathered in. Kacy McGill, representative of Congresswoman Summerlee – Ms. McGill wanted to introduce herself and let the Borough know they can help with passports, Medicare and social security. Mr. Stephenson thanked McGill for coming.  OCTOBER 17, 2023 8336 Dee Himmelright 149 Castle Drive – Ms. Himmelright said that her dog was attacked in her own front yard by one of the dogs from the Kennel on Castle Drive, and a neighbor was also attacked by one of the dogs. Ms. Weber said she has been a resident for 53 years and can no longer walk safely on Castle Drive because of the gentleman walking 6 dogs at a time. Mr. Davis said that everyone is on the same page as the residents. Evan Moyta 210 Oak Street – Mr. Moyta is here on behalf of the West Mifflin Baseball and Softball. Mr. Moyta is asking the Borough to help in the Spring and Fall with weed whacking and grass cutting. Mr. Stephenson said they have helped in the past but in the past the League asked to take it over. Mr. DiCenzo said the Borough can set a schedule together to help. Jim Jasinski 4100 Home Street – Mr. Jasinki asked for the General Fund Balance to be repeated. Mr. Kamauf stated the General Fund Balance is $6,319,273.51. Mr. Jasinski asked what the Borough’s next move after the court hearing for Century III mall will be. Solicitor DiLucente said it is up to the judge on how they want to proceed, but the Borough will have more of an update for November’s Council Meeting. ADJOURNMENT: Motion by Santoro, seconded by Topolnak that the Meeting be adjourned. Meeting adjourned at 7:49 pm prevailing time.