COUNCIL OF THE BOROUGH OF WEST MIFFLIN met in regular session in the
Municipal Building Council Chambers on Tuesday, June 18, 2013 at 6:00 p.m. prevailing time with President Michael Moses presiding.
Four members present, absent three (Andzelik, Kostelnik, Munsie). Mayor Kelly present.
Mr. Kostelnik arrived after the Roll Call. CITIZENS COMMENTS ON AGENDA ITEMS:
Melodie Meigs 109 Livingston Road commented on Agenda Item A stating that she has recently been a victim of a robbery and that she has read the proposed ordinance and is in favor of it. She also commented that she would be in favor of making it even tougher to get cash for
merchandise and suggested that the owners of the business hold the merchandise for a longer period and to issue checks instead of a cash transaction.
Bob Kranack 232 Bellwood Road commented on Agenda Item A as a citizen and businessman in the Borough. He stated that he feels this ordinance is too strong and too tough. He said that as a citizen he feels the ordinance is violating his privacy rights since it requires giving your driver’s license and personal information. He also remarked that in his opinion it is a hardship
on a business if the business has to hold the merchandise since the market value on items such as gold can go down during that holding period and that could hurt a lot of businesses. He also remarked that if the ordinance passes it would give the Chief of Police the authority to approve and issue the license to the business. He said he doesn’t understand where the Chief is qualified to tell a person whether he is permitted to run a business in the Borough. He said that after reading every paragraph of the ordinance he doesn’t feel that it is fair for the citizens and businesses and he requested that the ordinance not be passed.
Harlan Talkington Regis Avenue commented on Agenda Item A as a business owner on Regis Avenue. He stated that if the ordinance passes it would effectively put him out of the business of buying gold. He said in his opinion Council is mixing two different types of businesses here, legitimate businesses and pawn brokers that open up gold buying in hotels. He stated that he is a State licensed jeweler and not a pawn broker. He said he has had recent dealings with the Police Department and anytime this happens he takes care of it with the Police. He stated that the gold market went down two hundred an ounce in less than a week and if he had to hold the merchandise for the period in the ordinance and there was a dive in the market he would go bankrupt. He remarked that he understood what Council is trying to do, but they must be very careful they don’t put a legitimate business out of business and drive the business underground
or to other municipalities. He said he also agrees with Mr. Kranack regarding the privacy issue. Mr. Talkington suggested that it would be much more effective to have a process where the
Police Department would send an email to the local businesses to be on the lookout for items that have been stolen and they would comply with the Police.
- A. AN ORDINANCE OF THE BOROUGH OF WEST MIFFLIN, A MUNICIPALITY OF THE COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA; FOR THE REGULATION AND REGISTRATION OF PAWNBROKERS AND DEALERS IN SECOND HAND GOODS; PROVIDING FOR THE REGULATION OF THEIR ACTIVITIES; PROVIDING FOR LICENSE; ANNUAL FEES; VIOLATIONS, PENALTIES AND REMEDIES.
Solicitor DiLucente read the ordinance and called for a Public Hearing.
Citizens comments prior to the Public Hearing were noted and Council took action to table the ordinance until further examination.
Motion by Kostelnik, seconded by Olack the ordinance be Tabled until further examination. Roll Call: Five ayes, no nays, two absent (Andzelik, Munsie). Motion carried.
- B. Motion by Olack, seconded by Marone to approve the appointment of Brian Hilligsberg to the open seat on the West Mifflin Sanitary Sewer Municipal Authority; term expiring the First Monday of 2016. Roll Call: Four ayes, no nays, two absent (Andzelik, Munsie), one abstention (Stephenson). Motion carrie
- C. Motion by Olack, seconded by Kostelnik to approve the appointment of David Marshall to the open seat on the West Mifflin Civil Service Commission; term expiring January
23, 2015. Roll Call: Five ayes, no nays, two absent (Andzelik, Munsie). Motion carried.
- D. Motion Olack, seconded by Kostelnik to approve the Borough Manager as Borough Representative to the Allegheny County Southwest Tax Collection Boar Roll Call: Five ayes, no nays, two absent (Andzelik, Munsie). Motion carried.
- E. Motion by Marone, seconded by Olack to approve renewing the lease agreement for one year with the West Mifflin School District for lease of office space located on the Third Floor of the Borough Building; at a yearly rate of Ninety Thousand Dollars ($90,000.00),
$84,000 in cash and $6,000 of in-kind services from the West Mifflin Area School District. Roll Call: Four ayes, no nays, two absent (Andzelik, Munsie), one abstention (Stephenson). Motion carried.
- F. Motion by Marone, seconded by Olack to approve the advertising of an ordinance requiring lending institutions that foreclose on property in the Borough to register said propertie Roll Call: Five ayes, no nays, two absent (Andzelik, Munsie). Motion carried.
- G. Motion by Olack, seconded by Kostelnik to approve waiving the pavilion fee for LifeSpan, Inc. for their Senior Picnic on August 13, 2013. Roll Call: Five ayes, no nays, two absent (Andzelik, Munsie). Motion carrie
- Motion by Olack, seconded by Kostelnik to approve the request from Jericho Road Ministries, Inc. for use of the Gary L. Parker Memorial Playground for the Ministries 9th Annual Community Day to be held Saturday, July 27, 2013. Roll Call: Five ayes, no nays, two absent (Andzelik, Munsie). Motion carried.
- Motion by Kostelnik, seconded by Olack to approve the purchase and installation of 28
GPS/Maintenance Units from Evolving Intelligent Insurance total cost of units and installation $3,472.00. Roll Call: Five ayes, no nays, two absent (Andzelik, Munsie). Motion carried.
Community Development…………………………………………………. Walter B. Anthony Mr. Anthony read the Community Development Report for the month of May 2013. Police ………………………………………………………………………………. Chief Ken Davies Chief Davies read the Police Department Report for the month of May 2013.
Chief Davies commended Officers Pawling and McCue for their actions of stopping and identifying two men who admitted to robberies at a BP Station and Wal-Mart. He also commended our detectives along with the neighboring Police Departments of Pleasant Hills,
Jefferson Hills, and the City of Pittsburgh as well as observant citizens who contributed to solving a number of recent burglaries.
Public Works …………………………………………………………………… James Hess
Mr. Hess read the Public Works Department Report for the month of May 2013.
Mr. Hess reported that the Community Park will open May 1, 2014 which is two weeks earlier than prior years.
Recreation ……………………………………………………………………….. Steve Keron
Mr. Keron thanked everyone who participated in the Community Service Project held at the West Mifflin Community Park where 55 volunteers mulched, painted and stained areas of the playground and park. He also thanked EMS for serving lunch.
Mr. Keron reported there will be a summer session Walk Aerobics beginning on June 25th at 6:30 p.m. in the Life Span area of the Borough Building.
EMS ………………………………………………………………………………… Chief William Plunkett
Chief Plunkett read the EMS Report for the month of May 2013.
Chief Plunkett reported that 3 hospitals have been added to the list which now totals 14. He said UPMC/ Monroeville, Forbes Regional/Monroeville and Mon Valley Hospitals are the new additions.
Chief Plunkett reported that during the month of May EMS has participated in the following: Memorial Day Service at Mitchell Paige Park, Homeville Elementary Grade 3, Calvary Baptist School for a K9 demonstration, drills at Kennywood, CCAC and Bettis, standby at West Mifflin Graduation, and a search at the Allegheny County Airport.
Chief Plunkett reported that they received a Certificate of Recognition along with a check for
$1,000 from the State for the Free Flu Vaccine Campaign.
Motion by Kostelnik, seconded by Olack authorizing the Borough Manager and Solicitor to begin the process of extending the contract between the Borough and Baldwin EMS. Roll Call: Five ayes, no nays, two absent (Andzelik, Munsie). Motion carried.
REPORT OF THE MAYOR:
Mayor Kelly thanked Public Works, EMS and everyone involved for another successful
Memorial Day Service.
Mayor Kelly reported that the State extended the deadline for Rent and Property Tax Rebate for
2012 until December 31, 2013.
Mayor Kelly reported that he has been in contact with the new owners of Century III Mall to request having Community Day at the mall. They were very receptive and agreed to host Community Day.
REPORT OF THE SOLICITOR:
Solicitor DiLucente reported that during the last month his firm has been working on the Agreement of Sale for the purchase of the new Borough Building between Trumbull Corporation and the Borough of West Mifflin which was a monumental task involving 9 revisions to protect the Borough. He reported that they also worked on ordinances for Pawn Brokers, the Borough Code Section 274 and also carnivals and movies.
REPORT OF THE ENGINEER:
Mr. Jovanovich reported that the Subdivision Plan for the Soccer Fields has been forwarded to La Farge for signatures. He reported that DCNR has concerns with the fence post penetrating the soil over the slag and an opinion from PA DEP is needed on this issue. He also reported he received an email from the DEP stating they are ready to issue the Storm Water Permit.
Mr. Jovanovich reported that the contract has been received from Suit-Kote Corporation for the road resurfacing project and work should begin in July. He also reported that the Solicitor requested an engineering related opinion for the Sales Agreement for the Trumbull Building. He also reported that he has issued review letters on the proposed Oasis Ministries on Pennsylvania Avenue as well as the Halblieb Consolidation Plan on Francis Street.
REPORT OF THE BOROUGH MANAGER:
Mr. Kamauf read the Finance Report for the month of May 2013.
Mr. Kamauf reported that the Sales Agreement for the Trumbull Building property was finalized on June 12th.
PAYMENT OF BILLS:
Motion by Marone, seconded by Olack that all bills properly approved by the Finance Committee be paid. Roll Call: Five ayes, no nays, two absent (Andzelik, Munsie). Motion carried.
Mr. Marone thanked everyone involved when a tractor trailer flipped over on Camp Hollow
Motion by Marone, seconded by Olack to advertise for an ordinance providing rules and regulations using streets and right of ways for other than motor vehicle usage. Roll Call: Five ayes, no nays, two absent (Andzelik, Munsie). Motion carried.
Motion by Olack, seconded by Kostelnik to hire 4 (four) full-time Police Officers as recommended by the West Mifflin Borough Civil Service Commission pending interview and successful completion of physical and psychological testing. Roll Call: Four ayes, no nays, one abstention (Marone), two absent (Andzelik, Munsie). Motion carried.
John Scanlon 915 Irwin Run Road said he has a problem with the delivery trucks going to Liberty USA pulling down the wires to his home. Chief Davies replied that a sign has been delivered today stating no trucks allowed on Irwin Run Road. Mr. Marone suggested a sign be placed on Noble Drive stating that deliveries are there. Mr. Kamauf stated that he will continue to work on the situation.
Harry Thompson 6679 Adams Avenue complimented Mr. Hess and the Public Works Department for a job well done with sanitation and recycling. He also commented that he feels the Community Development Department is charging for too many permits. Mr. Anthony replied saying that he and Council are looking for ways to maintain and improve the Borough. Mr. Thompson also commented on the proposed ordinance to stop tractor trucks from parking their vehicles on commercial properties. Mr. Anthony replied that Century Square is not the proper location for tractor trailer trucks and it is an eyesore to the public to have them parked in areas such as Century Square.
Bob Kranack 232 Bellwood Road requested that the Borough install an LED Sign on the
Building to post information.
Nikki Thielet 1949 Anna Avenue questioned whether there would be any road paving this year. Mr. Hess replied that a Suit-Kote has been contracted to do various streets with a different type of resurfacing overlay. She questioned why an outside contractor has been hired to do the work. Mr. Kamauf stated that Public Works doesn’t have the ability to do this type of project since it is a specialty type micro surfacing which cost approximately 40% less than paving. Mr. Kamauf explained that the Borough fell behind on the paving process and this is an attempt to catch up. He also stated that there will be roads in the future that Public Works will pave. Mrs. Thielet also read an article from the Pittsburgh Post-Gazette dated December 29, 2011 pertaining to the loss of revenue from the Century III Mall reassessment and the effect is has on the Borough budget. She then questioned where the money would be coming from to purchase the Trumbull property. Mr. Kamauf replied that the main reason to purchase the property is because of the deplorable condition of the Police Station and the Borough must move forward. Mr. Kamauf
explained that in the calculation to purchase the property it has already been factored in that there would be revenue loss from the Mall’s reassessment. He went on to explain that a percentage of Federal Forfeiture Funds can be used for the Police Department, there are tax free bond monies available and the rent from the office space that is leased would pay the bond payment. He said that the consolidation of the services and the possibility of the School District coming saves everybody as a whole and the bottom line is that the Borough will make $100,000 which makes
it cash flow positive without even selling the current Borough Building; however he said there is already interest in the building.
Motion by Kostelnik, seconded by Olack that the Meeting be adjourned. Meeting adjourned at
7:50 p.m. prevailing time.