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COUNCIL OF THE BOROUGH OF WESTMIFFLIN met in regular session in the Municipal Building Council Chambers on Tuesday, November 15, 2011 at 6:30 p.m. prevailing time with President Regis Stephenson presiding.

 

ROLL CALL:    Andzelik – Present, Munsie –  Absent, Falce  – Present, Olack – Present, Kostelnik  – Present, Popovich – Present, Stephenson  – Present

 

Six members present, absent one (Munsie). Mayor Kelly present.

 

CITIZENS COMMENTS ON AGENDA ITEMS:

 

None

 

AGENDA ITEMS:

 

  1. ORDINANCEOF THE BOROUGH OF WEST MIFFLIN, A MUNICIPALITY OF THE COUNTY OF ALLEGHENY,COMMONWEALTH OF PENNSYLVANIA AMENDING THE EARNED INCOME TAX ORDINANCE NO. 594

TO REFLECT THE CHANGES OF ACT 32 EFFECTIVE JANUARY 1, 2012

 

Solicitor DiLucente read the ordinance and he explained that it simply changes the manner and the agency in which the tax is collected from the previous act established in the early 1960’s.  Under remarks, Steve Marone of 441 Livingston Road questioned how the tax would be withheld for an employee if the employer is located in a district with a higher tax rate.  Solicitor DiLucente replied that it would be withheld at the rate where the employee resides. Diane Stanesic of 2803 Glenny Lane Extension questioned whether the 1% withholding for West Mifflin residents would still be split by 50% to the Borough and 50% to the School District and also who would be collecting the tax for this area. Solicitor DiLucente stated that the 50% split would remain the same and Jordan Tax Service would be the collector for this district.

 

Motion by Olack, seconded by Falce the ordinance be enacted.

Roll Call:  Six ayes, no nays, one absent (Munsie). Motion carried. Ordinance given No. 1175.

 

  1. Motion by Olack, seconded by Popovich to approve the contract with Premier Power Solutions, LLC as energy broker to review electric supplier pricing for the Borough.

 

Roll Call:  Six ayes, no nays, one absent (Munsie). Motion carried.

 

  1. Motion by Olack, seconded by Popovich to approve a donation in the amount of $1,000 to the Homestead Carnegie Library. Under remarks, Mayor Kelly stated that he wanted the public to be aware that he is an employee of the library. He said that this is a budgeted item and that library is the designated library for the Borough of West Mifflin. Mr. Stephenson stated that the 2010 donation was $2,000 however, with the economic cut backs it was reduced to $1,000 for2011. Mr. Kostelnik questioned whether there are any figures as to how many West Mifflin residents use the Library. Mayor Kelly replied that the second largest group using the library daily is West Mifflin residents.

 

Roll Call:  Six ayes, no nays, one absent (Munsie). Motion carried.

 

  1. D. Motion by Olack, seconded by Kostelnik to proceed to purchase two(2) 25 yard Excel Rear Loaders from A&H Equipment at a cost of $59,954.50per loader, for a total cost of $119,909.00, subject to finalizing purchase financin

 

Roll Call:  Six ayes, no nays, one absent (Munsie). Motion carried.

 

  1. Motion by Olack, seconded by Andzelik to approve the expense of $193.00 per street light removal to

Duquesne Light Company for removal of proposed streetlights. Roll Call:  Six ayes, no nays, one absent (Munsie). Motion carried.

  1. F. Motion by Olack, seconded by Kostelnik to approve advertising of the Airport Zoning Ordinance. Roll Call: Six ayes, no nays, one absent (Munsie). Motion carried.

DEPARTMENTAL REPORTS:

 

Community Development …………………………………………………. Walter B. Anthony

 

Mr. Anthony read the Community Development Report for the month of October 2011. Police……………………………………………………………………………….. Chief Ken Davies

Chief Davies read the Police Department Report for the month of October 2011.

 

Chief Davies thanked Volunteer Fire Companies #1 and #2, Baldwin EMS and Sergeant Bandik and Officer McCue for their efforts in rescuing a wheelchair bound resident from a house fire on October 24th.

 

PublicWorks……………………………………………………………………. James Hess

 

Mr. Hess read the Public Works Department Report for the month of October 2011.

 

Mr. Hess read a thank you letter from Chief Plunkett of the Baldwin EMS for the outstanding work done by the

Public Works employees who erected the ambulance cover at the Borough Building. Recreation……………………………………………………………………….. Lance Maha

Mr. Maha thanked everyone involved for their help with the Halloween Party held on October 29th.

 

Mr. Maha reminded everyone that the Recreation Board holds their monthly meetings on the 2nd Monday of each month.

 

EMS………………………………………………………………………………… Chief William Plunkett

 

Chief Plunkett read the EMS Report for the month of October 2011.

 

Chief Plunkett thanked all the residents who have responded to the Yearly Subscription Program and stated that there is an open enrollment through the end of December.

 

REPORTOF THE MAYOR:

 

Mayor Kelly reported that December 1st would be Light the Night Up beginning at 6:00 p.m. Mayor Kelly reported that progress is being made at Century III Mall.

Mayor Kelly reported that the Tax Delinquency Program is working favorably.

 

Mayor Kelly presented a Proclamation honoring Officer Dale McCue, Volunteer Firefighter Charles Spangler, Volunteer Firefighter Brian Griffin, and Volunteer Firefighter Gene Adams who successfully entered a fully engulfed structure fire and rescued a wheelchair bound victim on the evening of October24, 2011.

 

REPORTOF THE SOLICITOR:

 

Solicitor DiLucente reported that there was a substantial amount of time spent drafting an ordinance for an early retirement for non-uniformed employees however it has not been adopted yet because Council needs the consent of the Teamsters Union before it can be voted on.

 

Solicitor DiLucente reported that the claim for the full amount of the gas theft has been denied by the insurance company.  He stated that they agreed to pay only $10,000 of the $82,000 theft. He reported that his office is appealing their decision and putting in a demand for the full amount. Mr. Kostelnik questioned who the insurance carrier is. Solicitor DiLucente stated that the company is Travelers Insurance and he remarked that they provide a good overall policy. He said that a denial is sometimes routine with insurance companies and he does not foresee them wanting to challenging the Borough’s request for a 30 day decision.

 

REPORTOF THE ENGINEER:

 

Mr. Rober reported a meeting is being scheduled with Westwood to discuss the status of their project.

 

Mr. Rober reported on the status of the Avon Road Wall Project.  Here marked that a CIFT Grant of $65,000 was awarded for the project however to the best of his knowledge the State did not release funding to Allegheny County to make these funds available.

 

REPORTOF THE MANAGER:

 

Mr. Kamauf reported that the 2010 Workers Compensation Audit has been completed and it resulted in a refund of $10,075.

 

Mr. Kamauf reported he received notification that the 2012 Liquid Fuels allocation would be reduced by $37,000 due to the loss of population.  He stated that the allocation for 2012 is $415,027.26.

 

Mr. Kostelnik questioned the status of the AT&T cell phone bill that is being disputed.  Mr. Kamauf replied that the bill has been disputed since the Borough changed over to another cell phone company and it would be discussed again at the December Caucus Meeting.

 

PAYMENT OF BILLS:

 

Motion by Olack, seconded by Kostelnik that all bills properly approved by the Finance Committee be approved. Roll Call:  Six ayes, no nays, one absent (Munsie).

 

NEW BUSINESS:

 

None.

 

CITIZENS COMMENTS:

 

Harry Thompson 6679 Adams Avenue questioned the status of the PRISM Property.  He stated that it is his understanding that the property is zoned R2 and PRISM was granted a Non-conforming Use through the Zoning Hearing Board.  He said that the business that is going in there is not the same type of business and he feels that it should not be issued an Occupancy Permit.

 

Robert Kranack 232 Bellwood Road commented on the PRISM Property at 4821 Buttermilk Hollow Road stating that he owns the adjoining property that was sub-divided and has a cell phone tower on the property which is landlocked.  He said in the past he was told that the building was built over a sewer line and that the Borough would make any repairs if needed. Mr. Stephenson requested that the Solicitor investigate this. Solicitor DiLucente replied after minimal research he can determine whether there is an easement.  He also stated that he is not clear on the issue of the Borough’s responsibility of the property being landlocked. Mr. Kranack explained that it would be a problem if he were to sell his property. Solicitor DiLucente stated that his legal opinion is that it is speculative if Mr. Kranack sells his property that the Borough would have any responsibility. Mr. Kranack said that he has documentation stating that before he was permitted to build the tower he had to prove there was access to it which the Borough stated was Walnut Drive. After further discussion Solicitor DiLucente requested that Mr. Kranack provide any documentation that he has in order for his review.

 

Al Manning 1125 Lebanon School Road questioned how long the DEP would be monitoring the gas leak on Blackberry Drive. Mr. Kamauf said that he reported on this situation at the October 18, 2011Council Meeting and he reiterated that they would continue to monitor the venting system weekly until next summer when they would reevaluate the situation. Mr. Manning questioned where the alarm system goes to. Chief Davies replied that it is an audible sound within the area of the building which the DEP installed. Mr. Manning questioned whether he could find out which bank owns the property and request that they install an alarm system that would go to a company that would be alerted. Mr. Kamauf said he would provide Mr. Manning with the information.

 

ADJOURNMENT:

 

Motion by Andzelik, seconded by Olack that the Meeting be adjourned. Meeting adjourned at 7:25 p.m. prevailing time.

 

Roll Call:  Six ayes, no nay, one absent (Munsie). Motion carried.