Jermyn Borough Council Meeting Minutes 10/4/18

Jermyn Borough
Council Meeting
The Jermyn Borough Council held a council meeting on October 4, 2018 at 7:00pm in Council Chambers of the Jermyn Borough Building, 440 Jefferson Ave, Jermyn PA.
On roll call, the following members were present: Frank Kulick, Kristen Dougherty, Jennifer Schreiner, Kevin Napoli, Cynthia Stephens, Joanne Wilson. Also present were Mayor Fuga, Attorney Aquilino, Ray Rood. Carl Tomaine, KBA, and Bob Chase were absent.
A motion was made by K. Napoli to accept the minutes of 9/20/18. Seconded by K. Dougherty. All in favor, motion carried.
F. Kulick read a letter from Debbie Seabolt concerning an issue regarding her driveway on Delaware St. due to water runoff from Archbald. Mayor Fuga stated until the house in Archbald can remedy the issue, it will continue to go on. He stated she needs to take the issue to Archbald. D. Markey stated that Ms. Seaboldt said in her letter she already went to Archbald four times with no solution. T. Fuga stated that the house above hers resides in Archbald, and their drain pipes lead to the road, which is leading to the problems. K. Napoli asked if we can send a letter to Archbald on her behalf? Atty Aquilino took the letter, and stated he would send a letter to Archbald.
Barbetti Accounting sent a letter stating they analyzed the activities of the borough from 1/1/18 – 6/30/18, and stated all accounts were fine. They stated cooperation from J. Wilson, who was the interim secretary at the time. F. Kulick asked D. Markey if all accounts were indeed fine? D. Markey reported that most accounts have not been reconciled in the borough’s accounting software since February, 2018, so he isn’t sure yet. He will go back and reconcile accounts since February and report back. F. Kulick states Barbetti’s audit included reconciliation of the borough’s several bank accounts. He stated he would like a better understanding of what they did prior to next meeting. J. Wilson stated they billed $1000. for the audit.
MBC Solutions did work on getting computers updated, printers online, etc. R. Rood asked if we prepay for his services. D. Markey stated R. Rood is right, and we prepay for hours for MBC, and the time spent in the office was valuable. F. Kulick thanked MBC Solutions for the help.
Public Comment:
Floyd Celli 642 Washington Ave. – States he was here a few months ago to inform us of issues he had beginning years ago, where he came to seventeen council meetings in a row,and we haven’t addressed any of the issues he presented, including the alleyway in the rear of his property. Mayor Fuga stated that we have had a very wet summer, and we are trying to get there to trim the trees so Cerminaro can assist us in fixing the road. T. Fuga stated that Cerminaro is donating his time & equipment to help fix the alleyway, and we have to go by their timeline. Mr. Celli stated the borough isn’t working with him, because if so, the work would be done. T. Fuga states they go back that alley all the time, and there’s no issue. Mr. Celli states it’s been five years, he’s a taxpayer, and we’ve done nothing. T. Fuga states that it’s raining very often, and they have other
work to be done also. The two argued back and forth for several minutes regarding the issue. Mr. Celli asked what is a reasonable amount of time to wait before he comes back? F. Kulick asked didn’t someone from the state come look at your problem? Mr. Celli stated that water runoff is the borough’s responsibility. Mr. Celli stated that the large tree is to the right of the alleyway, opposite of Cerminaro’s fence is one of the obstacles in the way, forcing him to drive on private property. F. Kulick stated that if the tree, which is on private property, is causing issues with roadways, we have an ordinance where we can take it out. J. Wilson stated she will go speak with the property owner tomorrow. K. Napoli asked if engineers looked at the issue and reported that the reason for his water issue is that he paved everything around him and the water has nowhere else to go? T. Fuga stated that the roadway was built up over time, so the water has nowhere to drain, which is why the alleyway needs to be dozed. Mr. Celli stated he would come back in a month to see if there is a plan to resolve the issue.
DGK Presentation:
Jeff Kyle from DGK Insurance presented the borough’s insurance renewal packet for 2018-2019. He reviewed each page of the large packet he presented, and stated that if anyone has any questions, send them to D. Markey and he will get them to DGK. He advised of coverages the borough currently doesn’t have that he would recommend, including abuse & molestation coverage and computer transfer fraud coverage. He stated that to qualify for the abuse & molestation coverage, the borough would need to have a written policy, as well as completing criminal and child abuse background checks on all elected & appointed officials, employees, and regular volunteers.
Code Violations:
Christine Vitucci – 542 Washington Ave. Mr. Aquilino thanked Mrs. Vitucci for coming to the meeting and for working with the borough. He states that where the fence was erected, part of the building collapsed. She stated that they are filling in the collapsed portion with fill, and two of their machines broke down, and they are at the mercy of the mechanics, so the issue should be resolved within the next month or two.
Mrs. Vitucci asked about 536 Washington, stating that there is a hole in the foundation, and when it rains, water pours in. B. Aquilino stated that he is actively working on that issue as well. R. Rood stated that Carol Stefano is contact for Glass – 640 Jefferson Ave. R. Rood states he is working on designing the 2nd floor for Mr. Glass. Rec’d permission from NEIC to conduct exploratory dig on right side of building, should be underway in Nov or Dec. B. Aquilino states there are currently issues with the 2nd floor.
B. Aquilino also noted the following:
546 Washington – Vacant Lot – taking district justice action. F. Kulick reported the vehicle is gone from the property
419 Jefferson – The resident has been working with the code officer, and has been granted an extension until the spring to handle the issues.
525 Jefferson – issues resolved, citation withdrawn
317 Bacon – issues resolved, citation withdrawn
211 Bacon – dangerous porch issue has been resolved
122 Bacon St – Will be moving forward with DJ action
512 Madison – removed tires, citation withdrawn
517 Madison – tarped tires, citation withdrawn
614 Jefferson – will be contacting them in event they need to rent the property
106-118 Rushbrook – properties to be inspected by KBA 10/10/18
R. Rood stated that if we needed drones, Blakely Ambulance has 2 drones if needed. One is infrared, one is non-infrared
Pension Plan Joinder Agreement -B. Aquilino announced we need to update our joinder agreement, and we have a visit from Mauchenhaupt on 10/15/18.
R&L Carriers Tax Abatement Resolution: B. Aquilino advised that the resolution #17-2018 to adopt the LERTA tax abatement for R&L Carriers is ready for a motion. Motion by K. Dougherty, seconded by K. Napoli. All in favor, motion carried.
Pave Cut Ordinance: B. Aquilino advised that the new pave cut ordinance defining permits, procedures, and inspections is ready for a motion to advertise. D. Markey stated that we are currently issuing and collecting for pave cut permits, however this new ordinance will also allow us to assign an inspection to inspect all cut backfills, and charge inspection fees, and penalties for not contacting us. J. Wilson stated she assumed GeoScience was already inspecting work. Mr. DeMarco stated that when companies backfill it, they put temporary pave in, then there isn’t another PA 1 Call called in. D. Markey advised the ordinance requires the contractor to call the inspector when they are ready to fill. Mr. DeMarco stated that there is language in the PENNDOT 408 that states how much of the road must be paved depending on the cut size, and age of road. Motion by K. Napoli, seconded by J. Wilson to advertise the pave cut ordinance. All in favor, motion carried.
Executive Session:
Council convened into Executive Session at 8:22pm for personnel and real estate purposes.
Council reconvened from Executive Session at 9:24pm.
Land Appraisal: Motion by J. Wilson, seconded by C. Stephens to have the 2.24 acres of land owned by the borough above land being purchased by R&L Carriers appraised.
New Business: J. Wilson stated that she will review info for tax collection committee, and will have a report at the next meeting.
Planning Commission Seminar: Basil Kleha from the Planning Commission stated he is going to the Lackawanna County Planning Seminar, and he believes William Langman is attending also.
Adjournment: Motion by K. Napoli, seconded by K. Dougherty to adjourn. Council adjourned at 9:26pm


Respectfully submitted,

Daniel Markey
Borough Manager

Jermyn Borough Council Meeting Minutes 9/20/18

Jermyn Borough Council
Meeting Minutes
The Jermyn Borough Council held a council meeting on September 20, 2018 at 7:00pm in Council Chambers of the Jermyn Borough Building, 440 Jefferson Ave, Jermyn PA.
On roll call, the following members were present: Frank Kulick, Kristen Dougherty, Kevin Napoli, Cynthia Stephens, Carl Tomaine. Joanne Wilson joined at 7:04 pm. Also present were Mayor Fuga, Attorney Aquilino, Ray Rood, and Bob Chase. KBA was absent.
A motion was made by K. Napoli to accept the minutes of 8/16/18 with the correction that K. Dougherty was absent for the meeting. Seconded by K. Dougherty. All in favor, motion carried.
A motion was made by K. Napoli to accept the minutes of the 8/29/18 special meeting, seconded by C. Tomaine. All in favor, motion carried. Continue reading Jermyn Borough Council Meeting Minutes 9/20/18

Jermyn Borough Council Special Meeting Minutes 8/29/18

 Jermyn Borough Council


AUGUST 29, 2018

                The Jermyn Borough Council held a special meeting regarding personnel matter on August 29, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.  Mr. Kulick called the special meeting to order with the Pledge of Allegiance.

On roll call: present were Frank Kulick, Dan Markey, Carl Tomaine, Kristen Dougherty, Kevin Napoli (7:15 p.m.), and JoAnne Wilson (asst. secretary, non-voting member due to secretary position).  Absent was Councilwoman Cynthia Stephens and Solicitor Aquilino.  Also present was Mayor Anthony Fuga.

Continue reading Jermyn Borough Council Special Meeting Minutes 8/29/18

Jermyn Borough Council Meeting Minutes 8/16/18


Jermyn Borough


AUGUST 16, 2018


The Jermyn Borough Council held their monthly meeting on August 16, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn PA in the Council Chambers.  President Frank Kulick called the meeting to order with the Pledge of Allegiance.  President Kulick asked for a moment of silence for Mary Perrault, who passed yesterday.  He noted Mrs. Perrault was very active in the Borough for many years in numerous committees and activities.

On roll call: present were: Frank Kulick, Dan Markey, Kevin Napoli, Carl Tomaine, Cynthia Stephens, and JoAnne Wilson (asst. secretary, non-voting member due to secretary position). Absent was Kristen Dougherty.  Also present were: Mayor Fuga, Solicitor Aquilino, Fire Chief Ray Rood, Zoning officer Bob Chase, KBA representative Tony Grizzanti.

Continue reading Jermyn Borough Council Meeting Minutes 8/16/18

Council Minutes – July 19 2018

Jermyn Borough
Council Minutes
July 19, 2019

            The Jermyn Borough Council held their monthly meeting on July 19, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.  President Kulick called the meeting to order with the Pledge of Allegiance.

On roll call, present were: Frank Kulick, Dan Markey, Kevin Napoli (7:15 pm), Carl Tomaine, Cynthia Stephens, JoAnne Wilson (asst. secretary, non-voting).  Also present were: Solicitor Aquilino, Ray Rood, and Robert Chase.  Absent was Kristen Dougherty, a representative of KBA, and Mayor Anthony Fuga.

Motion by Mrs. Stephens, seconded by Mr. Markey, to accept the July 5, 2018 special meeting minutes, as presented.  All present voted in favor.  Motion carried.  At this time, it was noted that JoAnne Wilson, as assistant secretary, cannot cast a vote as a council member.

Motion by Mr. Napoli, seconded by Mr. Markey, to accept the Treasurer’s Report and Bills Payable as presented.  All present voted in favor.  Motion carried.

Mr. Kulick presented the letter of resignation from Cara Francosky, resigning the position of Jermyn Borough’s secretary/treasurer effective July 19, 2018.  Mr. Markey moved, seconded by Cindy Stephens, to accept the resignation of Cara Francosky as secretary/treasurer of the Borough effective July 19, 2018.  All present voted in favor.  Motion carried.

The assistant secretary position is now active as of July 19, 2018.  Mrs. JoAnne Wilson will resume her approved position as assistant secretary.

Mr. Kulick stated, the Borough has received a check for $250.00 from Walmart. Tammy Theobald has done 25 hours community service hours, and because of this, Walmart has donated to the Borough for her service hours.

Letter from Charles Beth of Jefferson Avenue was received.  He indicated that the alley, Shields Court in the 500 block, is flooding his property.  Discussion ensued.  Previously, the borough had sent out the DPW and engineers to survey the situation and found nothing wrong at that time.  Mr. Kulick will send a letter to Mr. Beth concerning the situation.

Katelyn English, Lackawanna County representative, presented events for the community to council.  Free seminar “Performance for a Living” on July 21, Shopland Hall at the Scranton Cultural Center at the Masonic Temple at 1:00 p.m.   A Food Safety Certification – ServSafe will be conducted by Penn State Extension at Penn State Campus in Dunmore on July 26 from 9 am to 4 pm and August 2 from 9 am to 1 pm.  Cost is $185. And registration deadline is July 23.

Mr. Ray Rood reported at 403 Bacon trash was placed out for pick-up.  After the trash collection, garbage was spilled over the area.  He stated, if they spill it – pick it up.

Mr. Robert Chase reported that the Artisan Hose company will be hosting the 88th Annual Northeastern PA Volunteer Firemen’s Federation Convention on September 14th and 15th, 2018.  A parade will be held with approximately 20 to 35 trucks on September 15th.  We are asking for the assistance of the fire police for traffic. Arrangements for church service and meetings have been made.  Also a souvenir ad book for the convention is being complied and solicitation of ads.  If the Jermyn Borough would like to support the convention, I will submit a form to the secretary.

Mr. Markey moved, seconded by Mr. Napoli, to approve a full page ad in the amount of $100.00.  All present voted in favor.  Motion carried.   The secretary was instructed to submit an ad for the Jermyn Borough.

Mrs. Donna Stackel welcomed Mr. Carl Tomaine to council, and thanked Mrs. Wilson for stepping up in the position of assistant secretary.

Secretary Report:
Mrs. Cara Francosky had submitted a report for presentation: All deposits made as of 7/19/18, bills paid, minutes up to date, all calls given to DPW, grants up dated, reviewed all budget accounts, email sent to FNB to remove name from all accounts, instructed assistant secretary on submitting payroll, files organized, zoning permits to date done, and everything asked is completed and nothing is outstanding on her end as of 7/19/18.

Mrs. Wilson was instructed to contact Mr. Joseph Garvey for the exit audit of the treasurer position, as stipulated by code.

Police Chief Report:
            Chief Arthur distributed the Police Department’s monthly report.  He stated the department had 475 calls from June 1 to July 19th.  He noted the bear sightings and hopes the residents use common sense and stay away from the animal.  He would like to thank the fire police for their assistance with the various traffic needs.

Fire Chief Report:
Mr. Rood reported Jermyn Borough has been quiet; and the fire companies have assisted other boroughs and townships with their fires.

Zoning Officer Report:
            Mr. Chase reported everything is in order.  He has issued and viewed permits for fences, sheds, pools, etc.  No problems have been had with the residents.

Engineer Report:
            KBA not present.

Code Officer Report:
            Attorney Aquilino reported that 7 properties have been notified of violations: 610-612 Washington Ave. roof, 571 Washington Ave – owner is in California, 546 Washington Ave., 536 Washington Ave, 224 Hudson Avenue, 615 Madison Avenue, and 702 Madison Avenue – abandon property.  All have either corrected the violation or are in the process.

Complaints from or concerning: 400 r. Lincoln, 546 Washington Ave., and 519 Jefferson will be handled in the near future.

Tax Collector Report:
            Mrs. Ann Marie DeSanto gave a report on collections and delinquent taxes.

Mayor Report:

Solicitor Report:
            Solicitor Aquiliano presented Resolution 2018-16 for approval of the Council, concerning the cooperative Agreement with the County of Lackawanna for the FFY 2017 CDBE program administration.  Mr. Napoli moved, seconded by Mr. Tomaine, to have the Resolution 2018-16 and the Cooperation Agreement by and between Lackawanna County and Jermyn Borough for the FY 2017 CDBG Program Administration approved and executed by the Jermyn Council.  All present voted in favor.  Motion carried.

The third party administration revision of the Pension Plan will be updated for the next meeting.

Committee Reports:
Kevin Napoli – Sent a letter to PennDOT concerning the crosswalks on Washington Avenue.  He asked what course to follow to install the crosswalks in heavy traffic areas in the business area.  Discussion ensued as to the high traffic areas, ie. Bank, post office, etc.

Dan Markey – The council approved and purchased by grant monies the 2018 Ford F550 vehicle.   The DPW department is working hard at keeping up the many jobs and tasks in the borough and the Callahan Park area.

We discussed with Adams Cable the installation of a pole for wifi in the Callahan Recreational Park for 6 wireless cameras and lights.  Chief Arthur noted also for smart phones and web cam.  The one item is the wire will have to cross private property, but that should not be an issue.  Mr. Markey asked Miss English, Lackawanna County, if she would ask the County if Jermyn Borough can receive wifi through the County.  He was told there  may be a program for the parks.  Miss English stated she will find out and get back to the Borough.

Mr. Markey moved, seconded by Mrs. Stephens, to approve wifi installation in the Rippy Callahan Park with either the Lackawanna County program or Adams Cable, which ever is most cost-saving, for the purpose of security.  All present voted in favor. Motion carried.

Kristen Dougherty – Mr. Kulick read her report.  The summer youth program is coming along.  Grants – the Partnership Keystone Communities 5 year plan, it is a Long term project and training for the community. Mrs. Dougherty hopes to have a committee in place by the end of August.

Carl Tomaine – Mr. Kulick asked Mr. Tomaine to review the Jermyn Borough’s insurance policies.  Mr. Kulick felt since that is Mr. Tomaine’s expertise, his review would be beneficial to the Borough.  Mr. Tomaine agreed.

JoAnne Wilson – Reported the JSTC is in the processing of ordering the remaining banners.  The First Phase was completed, but the DPW was asked if more can be placed on Washington Ave on the no parking side.  They were informed that there was enough room.    Greenways and trees are being trimmed, and Memorial Garden is being updated as to the trees and shrubs.  Events Committee has suspended their summer meetings.

Ray Rood, Fire Chief – He has a key to the building, which houses the siren.

Mr. Chase lead a discussion concerning the land owned by Mr. Virbitsky.  The land is not sub-divided and land and building is in Jermyn Borough.  Solicitor will draft a response.

Mr. Kulick is appointing an interview committee for the hiring of a new secretary/treasurer.  He asked for volunteers.  He appointed Mr. Markey, Mr. Tomaine, and himself as the 3 member interview committee.

There being no further business; Mr. Napoli moved, seconded by Mrs. Stephens, to adjourn.  Meeting adjourned at 8:20 p.m.


Respectfully submitted,
JoAnne Wilson, Assistant Secretary

Minutes 6-21-18

Jermyn Borough

Council Minutes

June 21, 2018

The Jermyn Borough Council held a council meeting on June 21, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.

On roll call present were: Frank Kulick, Kristen Dougherty, Dan Markey, Kevin Napoli, Cynthia Stephens and JoAnne Wilson. Also present were Mayor Fuga, Atty.William Aquilino, Ray Rood. Absent; Carl Tomaine, Bob Chase, KBA.

MINUTES: A motion was made by Mr. Napoli and seconded by Mrs. Dougherty to accept the minutes of May 17, 2018. All in favor; motion carried.

Correspondence: Applications for the summer instructorLetter from Atty. Lawler that is addressed to Mr. and Mrs. Virbitsky. Atty. Lawler is Mayfield’s solicitor. They originally sought building permits from the Borough of Mayfield and then obtained them from Jermyn Borough. His review of the Boundary lines with the property is located in Mayfield. This location is also confirmed by the Lackawanna County Assessors Office. Any further required permits will be obtained to the Borough of Mayfield and property taxes will be continued to be paid in Mayfield.

 Mr. Kulick said he believes the Virbitsky’s are disputing that. Mr. Kulick said we think it is in Jermyn as well, we will see what happens.

Public Comment:Frank Mangan – 610 Washington – Mr. Mangan said the corrections for the code violations are all completed. Everything is 100%. There is probably some paperwork that the code enforcement officer needs or wants to see. Atty. asked if he was done with everything. Mr. Mangan said he is done with everything. Atty. asked if he can have an electrician certify or a contractor certify the roof that we can take a look at and discuss if that has already been done then maybe we don’t have to send the housing inspector out. Mr. Mangan said some of the stuff had permits that were filed, the electrical work and the roof were through NEIC. Neic did the inspection. Atty. asked if they did the inspection or issued the permits. Mr. Mangan said they did the final inspection. Atty. asked who he talked to at NEIC. Mr. Mangan said he would get the papers together and get them to the Borough office. Atty. said if the NEIC is satisfactory that he won’t have to send over the building inspector to take a look at it. Mr. Mangan said he would put everything together. Atty. said once he gets that and takes a look at it he will talk to him about issuing a new rental permit for that unit.

Katelyn- Lackawanna County – Arts and Culture and Parks and Rec. Offices have their arts in the park events. Please see the Borough Website for dates.

Area Agency on Aging will have the 2018 Farmers Market vouchers – please see our Borough Website for locations and dates.

Guided Nature Walks – Please see our Borough Website for locations and dates.

Lou DeMarco – 208 Gibson – Thanked Mr. Kulick for not resigning after what happened last month. He accepted the fact that he owned up to his mistake. Mr. DeMarco said he is doing a good job. Mr. DeMarco said he is curious to see about the comment that the solicitor directed towards him on Facebook if council saw it and if they feel it was justified. Mr. Demarco asked the solicitor why he made that kind of comment, indicating he was taking a shot at Mr. Kulick and none of his previous comments that were there put Mr. Kulick down. Atty. said he did take a shot at Mr. Kulick and they would discuss it later. Mr. DeMarco asked council is that is acceptable. Mrs. Wilson said she did not see it. Mr. Markey said he saw it and it took place on a community Facebook page which we all know he started as a private resident years before he got on council. Mr. Markey said he always tried to tell people to keep it clean. Mr. Markey said he has been attacked on there many and many of times. He did see it. Mr. DeMarco asked if that is his definition of professionalism, it was very unprofessional. Mr. Markey said he understands his concern, it was his own private Facebook page and it wasn’t like solicitor or Jermyn Borough Facebook page, that is why him personally, he doesn’t have a dog in a fight here. Mr. DeMarco said these are the people that we appoint or elected and this is how we conduct ourselves. He was not putting Mr. Kulick down and he was elaborating on two subjects that were discussed at the last council meeting. Most people are accused on hiding on Facebook and that is not what I do and he feels that was unprofessional.

 Jeanette Brown – 34 Old Mill – Ms. Brown called the Borough building a few times, her neighbor has 12-14 dead fir trees bordering her property. They are not being taken care of, she is wondering if anything can be done about this. Mr. Aquilino said he gave her a call and left a message maybe a couple of days ago. Mr. Aquilino asked if she had any pictures with her. Ms. Brown said she probably does on her phone. Mr. Aquilino said they will talk about it and asked whose property are the trees on. Ms. Brown said the neighbors. Mr. Aquilino asked how many trees. Ms. Brown said 12 or 14. Mr. Aquilino asked if they are close enough to her house that if they fell or damaged that they would fall on her house. Ms. Brown said through the years she has asked them quite a few times to cut them. The neighbor promised a lot of times. Mr. Aquilino asked her to email the pictures to the Borough.

Secretary Report:

Issued Yard sale permits, dumpster permit, pave cuts

A lot of calls for electronics pick up, good feedback from residents for the curbside pick up

Received the executed documents back from the sewer grant

Received 3 applicants for the summer activities director

TREASURER’S REPORT:General Fund $252,594.32 Recycling $6,352.74; Refuse $94,778.20, Investment Liquid Fuels $43,925.54, Liquid Fuels Checking $71,962.12, DPW Capital Reserve $39,310.30. Disbursements from May 17, 2018 to June 21, 2018 including 3 periods of payroll $66,120.64. Deposits $143,585.82.

Mr. Kulick questioned the Crystal Fire Co. phone bill and the Artisan Phone bill, why so much of a difference. Mr. Rood said that was discussed with previous councils and he doesn’t know why. The Crystal’s phone was paid for because of the system that was in there, needed a land line. This is going back years and years ago. Mr. Rood said he doesn’t even know who the phones are with. Mr. Rood said Mrs. Wilson discussed about having Adams involved because Adams does have the internet and TV there. It is a Borough bill that he can not answer. Mr. Rood said he doesn’t know how it got there and when it got there. He never even knew the cost of it, as far as he knew it was always paid for by the Borough. Mr. Kulick said he isn’t questioning why the Borough is paying for it, why the big difference. Mr. Rood said he does not know why it is that high. He does not even know who the carrier is. Mr. Markey said when Debbie was still here and he asked her about it and she told him that it was because the Artisan signed a contract a long time ago and never switched and that is the rate that they were locked into. It was a long time ago. Mr. Rood said the Artisans came in and said why is the Crystals getting theirs paid and they aren’t. Mr. Rood explained to them it was for the notification system.

Mr. Rood said it is something we should check into, he doesn’t know if Adams would cost the Borough that much. Artisan Co. phones are through Verizon and Sprint and Crystal is with Line systems.

A motion was made by Mr. Markey and seconded by Mrs. Wilson to accept the treasurer’s report and bills as presented. All in favor; motion carried.

Tax Collector:Mr. Kulick said she is not here, he would like to go on record he said it is getting to point it is ridiculous that every time sometime comes and pays their taxes that there is a sign on the door that she is not here. She is never here. People come here to pay their taxes, she is supposed to be here this week. We can’t do much about it, our hands are tied. Mr. Rood said didn’t last time you had something that if she isn’t here someone is supposed to be here for her. Mr. Kulick said she can have a deputy tax collector. Mr. Kulick said he has had people come to him and say they are not going over to the East side of Jermyn to pay their taxes, it is on the bill she is supposed to be here.

Mr. Kulick made a motion that we send the tax collector a letter advising her that we expect her to follow the published hours on the tax bill and be here for collection. Seconded by Mr. Napoli, Mrs. Wilson asked if she is supposed to be here at the meeting once a month. Amended motion to include that the tax collector should be here for at least one meeting as the ordinance stipulates. All in favor; motion carried.

Mr. Kulick said we passed that we would only accept and no cash. It has become somewhat of an issue because people come in and want to pay with cash that do not have checks. Mr. Kulick said he thinks we need to change that. Mr. Kulick said we did it because we think it’s the right thing to do and turning out maybe it isn’t and people are complaining, they have to go home to get a check or they don’t have checks. Mr. Markey said what was going on is like Mr. Kulick said there are a lot of people that didn’t know they couldn’t pay by check, we did at one point did a suggestion by Mr. Garvey at Barbetti’s firm to not accept cash any longer but what he thinks that we could probably do if it’s a safety issue we can get a safe. Atty. said it’s always better to take checks because at times it can become a proof issue, from what he understands you can go to a bank and get a certified check or Western Union, you can get a check. Mr. Markey said or a money order or something like that. We have cameras and we have receipts and the secretary can give a receipt for anyone who pays cash for anything. Mr. Markey said he made the point the other day that people pay cash to the vending machine, when he cleans out the vending machine he hands the secretary $200.00 cash, what’s the difference? Atty. said his only concern is with the people in the building, its not secured and number two 10 people can come in and pay taxes, $10,000 or something like that in cash. Mr. Markey said that is another point, the tax collector accepts cash. If we are going to accept cash for taxes but we are not going to accept for a $10.00 permit, he sees it counterproductive, especially with the complaints we have been getting. Mrs. Wilson said we haven’t had a problem with it in the past. Everyone that has been in the office are keeping accurate records, there is a receipt. Mrs. Wilson said she doesn’t like to take cash with anything with the committee’s. Sometimes people need a permit and they are not at home and don’t carry their check books. Mrs. Wilson said we are here at the convenience at the residents. Mr. Markey said we should make it easy to be able to take peoples money. Mrs. Dougherty said if people can pay their $2,000 tax bill in cash, to her that is the bigger concern than a $10 permit. Mrs. Dougherty asked what is the biggest amount of money that is collected out of the office. Mr. Markey said not too much, pave cut permits are paid by companies who pay by check. Mrs. Dougherty said do we put a threshold on the amount. Mr. Markey said he doesn’t think anyone is walking in here with $1,000 cash and if they do she can close the office and go right to the bank. Mr. Markey said it was a good decision and a suggestion by our financial advisors but you do that and see what happens and see that people are complaining about it and maybe we have to dial it back a little bit, maybe this is a good decision for the time that we are at right now. If something ever happens, we have the police station across the hall way, cameras and receipts. Mr. Markey said we will get a safe.

Mrs. Wilson made a motion to rescind a previous motion of checks only to now accept checks, cash or credit cards, seconded by Mr. Markey. All in favor; motion carried.

Mr. Markey said we still have some updating to our website to do however if anyone needs to pay anything as far as fees or anything like that to the Borough office you can call the Borough office or come in and we can accept credit card payments now. Mrs. Wilson said the website is being worked on to accept the credit card payments.

Police:Chief Arthur said they are continuing their enforcement for ordinance violations. The property on Madison was cited for overgrown grass and garbage on the property. As of right now, the front yard is somewhat cut. The backyard was not cut and the garbage is still there. The property is 615 Madison Ave. Chief Arthur said they are continuing to do speed enforcement. There are a lot of kids on ATV’s, if you are under 16 you are not supposed to be on them. The Police will start impounding the machines. Chief Arthur said school is almost out and it seems like its not the kids from Jermyn, it’s the kids from other towns that are coming over and causing problems. They are making arrests and issuing citations, they are making it very clear to them do not come to Jermyn causing trouble. They are still doing the house watch checks. Chief Arthur wants to thank the fire police, there had been incidents where they came out and helped. In addition to them, Mayfield Fire Police came out and assisted us, Chief Arthur thanked them all for their assistance. Mayfield and Jermyn do work very well together in the police departments and fire police.

Mr. Kulick said maybe we should put it out on rapid cast that anyone that is going to be shooting fireworks for the 4th of July, has to have a permit issued by the Police chief or Fire chief. Lou DeMarco asked if there is a limit to that. Mr. Rood said he read that ordinance a few times, only if you got fireworks that were illegal in PA. Chief Arthur said its in the ordinance you need to be bonded. It’s a high value and he doesn’t think its even feasible for anyone in town to get that kind of bond. Mr. Kulick said the new fireworks law because they are legal now, you can buy them but you can’t discharge them within 150ft. of an occupied structure. Mrs. Wilson said if the people use common sense.

Fire:Mr. Rood said things can have been quiet. Last night at class night, the Crystal participated, they had a lantern ceremony. The six-county convention is this weekend in Hanover.

Code Enforcement Officer asked what restrictions they have related to fires in multi family dwellings, some of the units only have one exit. Mr. Rood said that goes back to the NEIC as far as the UCC code for PA, the fire codes; there is nothing. On a new building there is and for a certain amount of percentage of remodeling there is. Mr. Rood said you need one 36inch exterior door. Mr. Markey said what if you are on a second floor and your only other means of egress is a window that is blocked by an air conditioner. Is there any issue with that? Mr. Rood said one time in Mayfield there was an air conditioner in the window that came flying out, he can’t say that for sure what would happen. Mr. Aquilino said we had an application for rental permits and he has some concerns about the mobility of people in the building in the means of egress in the event of a fire. Mr. Rood said he had that concern years ago on Rushbrook St. there was a Jermyn manor. Mr. Rood said as far as the UCC codes you have to check with NEIC.

Engineer:Mr. Kulick said we had a meeting regarding the Rushbrook Creek Project and the wetlands mitigation. The end result was, we don’t know. Probably more money. Mr. Grizzanti is following up with DEP. The meeting was with Mr. Cavill’s office. Mr. Kulick said when we get to that point, the area down below Wayne’s, there is something that has to be preserved and we would have to have a fund that we would have to maintain it every year and it is going to be very expensive. There are banks where you can buy credits. Mr. Kulick said what he got from the meeting was, it was at the suggestion of Mr. Cavill to have this meeting, was under the impression that it would maybe save us money for a one time payment, that one time payment could be $100,000. There are different ways to look at it and do it, they may have credits to sell at one point. It’s a lot of money either way. Mr. Kulick said on a positive note, we did get another extension on the grant until June of 2019, which will most likely extend that again.

Code Enforcement:Mr. Aquilino said from a code enforcement standpoint, we are trying to focus on rental properties that have been cited for various things. Rental permits are pulled until repairs are made for the safety of the residents and for the safety of the people that have to go into those buildings. When you get your rental permits you are going to have to go through an inspection. One of the things we have been getting in correlation to some of the citations that have gone out is issues relating to knotweed. People have limited information with what you can and can’t do with knotweed. Mr. Fuga said we cannot take it to the recycling center. They do not accept it. The reason is because they compost everything and they do not want it in the compost. They are trying to stop the spread. Mr. Aquilino said when people ask he will tell them, DPW can not take them away but it can go in the regular landfill. Mr. Fuga said they can put it in their trash but we can not take it. Mr. Markey said we found out that even though this is choking Jermyn and Archbald, basically everywhere where the Lackawanna River flows, it can be eaten; its roots help fight cancer and they have all kinds of healing properties in it, you can turn it into wine. Somebody can make millions. Mr. Aquilino asked what about people spraying it? One of the guys that called him, it is partly on his property and partly in the alleyways and Borough property. It is on the creek hill. It’s everywhere. Mrs. Wilson said we have got into a discussion with Penn State extension and DEP will not allow you to spray it if its near water, you have to assure them that when you spray it, it doesn’t get into the water. Mr. Napoli said it can not be in any runoff areas. Mrs. Wilson said Penn State has suggested, once you cut it back if you want to get rid of it you are supposed to leave the leaves on in the fall and then spray it with round up or a heavy chemical that is sold over the counter. At that time, it takes it into the root and it may take 2 years to get rid of it but that is when you are supposed to spray it, not during the summer; in the fall is when you are supposed to spray it and kill it.

Mr. Aquilino said there have been a lot of citations issued for people’s lawns, we aren’t talking about 2-3 inches or a skipped weekend. It’s a foot or two, animals that start to hibernate and nesting. There was a picture of a rat that was big that was living in somebody’s 2ft. high lawn. We are focusing on those and securing structures and making sure the abandoned homes are secured so kids don’t get hurt.

Mayor:Mayor Fuga said as most of you know the ATV’s have become a problem and we are working together, we are going to come up with a plan to deal with them in a better way then normal. We are keeping it quiet, we are working with the police and we are going to start taking care of it. Once the word gets out, it should calm down. Mayor said so everyone is aware, there are some people that go from point A to B to get up in the woods and don’t cause trouble. They are not the problem. It’s more or less kids on them, racing around, going through stop signs, going 80mph. We aren’t after the person that wants to get to the woods, to go hunting or fishing. Mr. Markey said it’s the people that are going to kill themselves or kill someone else. Mayor said it should be stopping pretty soon.

Solicitor:Atty. said they will start citations with the district of justice.

Shade Tree Ordinance: A motion was made by Mrs. Wilson and seconded by Mrs. Dougherty to pass the Shade Tree Ordinance amending ordinance 5-03 for the Shade Tree Commission. All in favor; motion carried.

Shade Tree:Mrs. Wilson said the Farmer’s Market is starting June 22 and June 23. It will be Fridays and Saturdays from 11AM-6PM. It is John’s Corn. They are accepting the Lackawanna County Farmers Market vouchers.

The Events Committee will have the free concert on July 8 from 6PM-8PM at Callahan Park. If it rains they will have it in the gym. Free soda, ice cream and hotdogs.

Shade Tree is working with the DPW for the hometown heroes banners. Mr. Kulick asked if they are still accepting applications. Mrs. Wilson said we are still on phase 1. We are still accepting them but get them as soon as possible, we only have a few places to put them. The second phase we have to contact PPL, there may be a charge to use their poles. We may have to go to a bigger size. We are trying to get everyone that we can. Tell them the deadline is July 1st, 2018.

DPW: Mr. Markey said we sold the 2002 DPW truck, it sold for $20,100 which was the highest bidder. A motion was made by Mr. Markey and seconded by Mrs. Dougherty to approve the sale of the 2002 F-550 to Mark Manglaviti for $20,100. All in favor; motion carried. Mr. Markey said the low miles sold it. We put about 1,000 a year on it. It needs some cosmetic work. Mayor said he was very happy when he saw it, he wanted it.

The electronics recycling is going well. We pick up on Wednesday and Friday for the month of June. We go to the recycling center every Friday.

Mr. Markey said one of the things we are changing a little bit from what we had initially planned is, we had budgeted money over the past couple of years to change out all the old street signs with our newer reflective green signs that everyone sees around town. What we were going to do is have a giveaway and give about 5-10 street signs away, probably just putting street sign names and picking them out of a hat, we are still going to do that for about 5-10 signs we will do the giveaway to the residents in town. We were going to have a raffle afterwards and raffle off chances to win a street sign but instead of doing that, what we are going to do is just put it out there the name of the sign and how many we have and its first come first serve and a $5.00 donation to the DPW will get you a street sign. If you have a street that you live on or have lived on and you would like a sign, you can either message the Jermyn DPW Facebook page or call the Borough office and the DPW will take an inventory of all the old signs that we still have. If there is one available, a $5.00 donation will get you one. You want 10 signs, $50.00 donated to the DPW.

Mr. Markey said for everyone on council if you get any questions, complaints, requests from anyone in town or if you need something done by DPW, please let him know about it. Instead of going right to the DPW. We have a process that we need to follow, we have things scheduled for certain days and we can probably, most certainly get to your request but please let him know about it and then he can discuss it with the DPW and see where it best fits. We want to make sure we have all of our ducks in a row and everyone knows what it is going on including the chairmen of the different departments.

Atty. said he had an inquiry after the bid was awarded for the truck about the bidding process. He returned multiple times attempted to contact the person and left messages. He did not hear anything back. Mr. Markey said someone had caught in a bidding war with the winning bidder. The site that we use, municibid; they will automatically extend the auction to prevent sniping so someone can’t come in at the last second and sweep in with a winning bid and not give the person who had the winning bid another chance to rebid. They will extend the auction for up to two minutes and then if no other bid is placed, then the auction closes. You could also set a max bid, if someone had a high bid of $15,000 but you don’t want to bid $15,500; you just want to go and say keep bidding until my bid hits $20,000. You could punch in $20,000; your bid will go to $15,500 or whatever the next increment is and if someone out bids you then you automatically go up the next increment until you hit your max bid. He thinks that is what happened in this case, the winning bidder, bid to a max increment. That is all municibid, we have nothing to do with that.

Mr. DeMarco asked if they are doing anything for the Christmas lights, weren’t you doing something with the street signs for the Christmas Lights? Mr. Markey said that was separate. What we did for the Christmas lights, first we started selling the Jermyn PA is awesome mugs and then we started selling the t-shirts and sweat shirts. All of that money was and is going to the Christmas Lights Fund. We still have plenty of product. We just bought seven new lights from the money we made last year. Mayor Fuga is a part of the Christmas Lights committee, there is a formal committee. Mayor said we need members. Mr. Markey said it needs to reorganize. Mr. Markey said if we get some people in that committee and then its more then just a couple of council people trying to do stuff to raise money for lights, then it’s a committee and you are doing this and doing that and maybe having a spaghetti dinner or something like that to try and raise funds. Mr. Markey said he knows there is money sitting in two different accounts. Mayor said it is all combined, there is just one. Mr. Markey said we have some money sitting in a fund as well.

Mr. Markey said the second little free library is up at WWI Memorial Park on Bridge St.

We finally have wireless cameras for the park, we bought 6 of them. We have to get in touch with Adams to get Wi-Fi run over to the stand. We are going to keep the DVR in the stand over there, which we will have a camera on. Mr. Rood said we have Adam’s with the Borough, the fire co., some of our phones are with Adam’s, shouldn’t someone talk to them and see if we can get a whole package? Mr. Markey said Mrs. Wilson was trying to set something up for last week. We asked the Adam’s cable rep. to come to the meeting tonight, there was a conflict and couldn’t make it. Mr. Markey said Mrs. Wilson was asking if we could do it during a committee meeting but he knows he wasn’t able to make the committee meeting and he wants to be able to talk to her, maybe if we can invite her to the next council meeting and we can talk to her with the public here. Mrs. Wilson said would you rather a committee a meeting, we have one scheduled for next week. Mr. Markey said we can do that as well, it doesn’t matter to him. Mrs. Wilson said then we could bring her forward. Mr. Markey said that is fine. Mrs. Wilson said instead of making our meeting here much longer with all the questions, maybe get a committee meeting and sit down with her and get somethings hashed out so when she does come to a council meeting everything is clear cut. Mr. Markey said it doesn’t matter to him, as long as she comes to a council meeting too because there are only 3 members on a committee. If the other 4 members of council have questions that maybe we didn’t think of. Mrs. Wilson said and also the solicitor has to be involved too.

Atty. said if you can make a note about who comes to the meeting is a person who can actually make decisions because we wouldn’t want to go through all this and then go through it a few more times.

Public Safety:Mr. Napoli said we have a Mayor and a police chief with a very good relationship, he would like to see council and anybody else including the Borough secretary, if you have an issue with the police and it is not an emergency, lets go through the Mayor and let the mayor go up to the police chief and discuss what needs to be discussed. Mr. Napoli said we didn’t have this luxury for quite a while and now that we have that luxury we should take advantage of it, so everything goes through smoothly.

The second thing he would like to discuss is at the beginning of the year, when going over the budget it was not budgeted for the police to have a raise, that was partially his fault because he wasn’t aware that at that time he could ask for one. Mr. Napoli said luckily the truck that we just sold, sold for way more than we thought it was going to. Mr. Napoli thanked Mr. Markey and Mr. Fuga for brainstorming with him and coming up with the idea to use part of that money we made on the truck to allow the police to get a raise. Mr. Napoli made a motion that the part time police officers receive a $.50 raise starting July 1, 2018, Mr. Markey seconded the motion. All in favor; motion carried.

Summer Program:Mr. Kulick said we have 3 applicants. Dom Paglianite, Mariah Loughney and Patricia Pearsall. One applicant was present at the meeting, Dom Paglianite. Mr. Paglianite will be graduating this year, he will be going to Keystone College in the fall and will be playing lacrosse. Mrs. Dougherty said that is her son so whatever decision that will be made will be without her tonight, if one is made. Mrs. Wilson said Ms. Pearsall was ahead of the recreation committee for years and was with the sports league in the gym. Mrs. Wilson said the only thing about all three of them is that are they going to be responsible enough? Will one person be able to do it by themselves or will that person need an assistant? Mr. Paglianite asked what time will the gym be open? Mr. Kulick said we figured it would be 20 hours a week, 4 hours a day; probably 10am-2pm. Mr. Paglianite asked what the age groups are to be left without their parents? Mrs. Wilson said she thinks we should set a perimeter on what we are offering to certain age groups. You don’t want 5 year old’s here, unless you have two people. Mrs. Dougherty said the keyword is unattended, without a parent; it will happen. Mr. Markey said this is to take place in the gym. Mrs. Wilson asked if everything is in the gym? Mr. Markey said this activities program is for the gym, that is the way he understood it. Mrs. Wilson said she didn’t realize it. Mr. Kulick said we need to make a decision soon. We need to have a committee meeting and setup parameters then we will have to have a special meeting and interview the applicants. Mr. Kulick said we need to start it the week after the 4th of July. Mr. Paglianite asked if the kids would have to have a release form signed by their parents? Mrs. Wilson said yes, they should. Mr. Paglianite asked how supplies are going to be purchased. Mr. Kulick said we budgeted $500.00 for supplies, we just need to figure out what we need. Council thanked Mr. Paglianite for his suggestions and questions.

Mrs. Wilson said just a suggestion, its 5 days a week, wouldn’t it be applicable to have 2 days from 5-8 and the other 3 days have an older group of kids that you can do older things with so that you don’t have the 6 year old’s with the 10 year old’s. The arts and crafts, if you have a younger age group, you gear it to them, its just a suggestion. Donna Stackel asked if they will need clearances. Council said yes. Mr. DeMarco asked if there is a maximum number of kids. Mr. Kulick said these are all questions we probably didn’t think about to be honest. We are trying to do something good for the community. Mrs. Dougherty said if it happens to all be very young children, with a bunch of young children with one person. Mr. Markey said he thinks it makes sense that if you are under 10 you have to have a parent or guardian here with you and the parent or guardian can help you with the macaroni art. Whoever is going to run this program, should be the facilitator. This is what we are going to do, you are going to help your kid. If you have a young child, someone is going to come with them because its not going to be a drop off daycare for older kids yes, the ones that are already riding their bikes over the park, ride your bike over to the Borough building and shoot some basketball. If you are under 10 years old or whatever the age is, then no you have to have someone here with you and they can help you out, they can shoot baskets with you, do painting or art. Mr. Markey said whoever it is going to be, shouldn’t be the only adult in that gym. When you have the little ones, that person should not be the only adult there, you’re the facilitator, not the babysitter. If you’re the babysitter then let’s start charging a fee for this. Mr. Markey said it should be a free program, but they are not babysitters, they are a facilitator, there is a huge difference. No one should drop their 5 year old off. Mr. DeMarco said Dickson City Civic Center it is a Borough run facility and suggested to contact them for suggestions.

Zoning Hearing Board Costs:Mr. Kulick said this is something he put on the agenda. We had a recent case where there was an appeal. It wasn’t for a variance. Variance means that you want something that’s not in the book, exceptions to the rule. This was an appeal that was a misinterpretation of the zoning ordinance. It was Mr. DeMarco’s hearing. Mr. DeMarco hired an attorney and he went to the zoning hearing board and he ruled in his favor. Mr. Kulick said it got him thinking about it and he thinks personally, if he was citizen of this town and he appealed a ruling of the zoning board of the zoning officer and appealed the interpretation of the rule and I won, I don’t think he should have to pay. It should have been granted in the first place. Mr. DeMarco said he requested several meetings to discuss. Mr. Kulick said if you are requesting a variance, win or lose you are going to pay because you are asking for an exception to the rule. The zoning hearing solicitor advised the zoning board that was correct, it was a misinterpretation of the book. If you want to request a hearing for a variance, you pay $500.00 plus costs associated to the hearing. If you are asking for a variance, win or lose, to bad. You are paying the money because you are asking for something different than what is right. If you appeal because you feel you are not given a permit because of a misinterpretation of the zoning book and you win that, why should you have to pay for that? Mr. Rood said he is trying to think because the Virbitsky’s, when the guy across the street that lived in Mayfield, was coming after him all the time and he was involved in that and we got the property line, it came to the zoning hearing board to an appeal and he won the case, to him he should have got his money back and he thought there was something in there where he would get his money back because he won the case. Mr. Kulick said he looked and didn’t see anything in there about getting your money back if you win the case, he isn’t sure if they are talking about the same thing.

Mr. Kleha said didn’t that fall back on detached and attached, that’s what this was all about. Mr. Kulick said whatever the reason that it was denied, it was because of the interpretation out of the zoning book by the zoning officer and he isn’t blaming him, he interpreted it that way. He denied the permit based on that. Mr. DeMarco’s attorney said according to the book, it should have been given and that’s what the zoning board agreed to. Mr. Kulick said his point is, not just for Mr. DeMarco but for anybody, if you are requesting an appeal because you think the zoning rule was misinterpreted and you win, you shouldn’t have to pay for that. Mr. Rood agrees, what if he lost, would he have to pay for it? Mr. Kulick said if he lost, yes because then it is being upheld. Mr. Rood said he agrees and in that case he should, he won the appeal. Mr. Kulick said because he won he shouldn’t have to pay for it, if he lost then the zoning officer was right.

A motion was made by Mr. Kulick to allow residents who appeal misinterpreted rulings of the zoning book and win their case to not have to pay the $500 fee and fees billed to the Borough, seconded by Mr. Napoli; all in favor, motion carried.

A motion was made by Mr. Kulick to reimburse Mr. DeMarco’s $500 appeal fee. Mr. Napoli said what happens now with every person for the last 10 years comes back. Mr. Kulick said there has never been an appeal for the permit. There has been appeals for variances. Mr. Napoli said if this happened in the past and people start coming back to us. Motion seconded by Mrs. Dougherty. All in favor; motion carried.

Meeting Changes:Mr. Kulick said there has been some discussion, at least for the summer months that we go to one meeting a month. Mr. Napoli made a motion for the months of July, August and September to go to one council meeting a month, on the third Thursday of the month, seconded by Mrs. Stephens. All in favor, motion carried.

The next meeting will be July 19, 2018 at 7PM. There will be a special meeting for the purpose of the summer activities hiring on July 5, 2018.

Sesquicentennial:Mr. Kulick said this will eventually be a major event in Jermyn. He knows Bruce has had some meetings. Mr. Kulick said he would like to have somebody to make a motion, we should make this an official Borough thing and appoint Bruce as the Chairman of the sesquicentennial and at the same time budget $1,000 to work with to do advertising and give him authority to appoint sub-committee’s that report to him and in turn Bruce report to us. Mr. Markey said as far as the Sesquicentennial committee and former Mayor Smallacombe appoint as the chair, it doesn’t have to be a motion, you can appoint as Council president. Mr. Kulick appointed Bruce Smallacombe as the General Chairman of the Jermyn Sesquicentennial Celebration. Mr. Kulick said Bruce is trying to organize a couple of meetings.

 New Business:Mrs. Wilson said September 16, 2018 the four committees that hold the Variety Show, its on a Sunday, they have to fill out the form for the gym. They are looking at Sept. 16, 2018.

Mr. Markey asked Mrs. Wilson about the First Aid Centennial Scholarship. Mrs. Wilson said back in 1999 when we had a 100-year celebration of the first aid in Jermyn. At that time, Mrs. Wilson was on the committee, the history was written up by Mr. Tomaine and we sold ads. The kind of ads we wanted was people who had a history of Jermyn. The book raised a lot of money. Everyone was told that after all the bills were paid, the left-over money would be used to move the first aid monument to the position that its in now. The remainder of the money would be invested into the First Aid scholarship fund. Mrs. Wilson its $9,000 that is now invested. This year, what they tried to do is only use the interest. Mrs. Wilson said they tried not to get into the principle. This year Lauren Cunningham was presented, you have to be from Jermyn in order to receive it and you must be schooling in a medical field, in past years they had EMT’s, they were going to school for EMT, nurse’s aides, but you have to be in the medical field. Lauren received $300., that was the interest that was earned. Every year the committee meets and they let the school district, tell them what they want, this way there is no favoritism.

Mr. Markey said he was just wondering about it because he has never heard of it before. Mrs. Wilson said it has been since 1999. Mr. Markey said it’s a separate committee altogether.

Council went into executive session at 8:56pm. Council reconvened at 9:52pm.

A motion was made by Mr. Napoli and seconded by Mrs. Stephens to adjourn the meeting at 9:52pm. All in favor; motion carried.









Minutes 5-17-18

Jermyn Borough

Council Minutes

May 17, 2018

The Jermyn Borough Council held a council meeting on May 17, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.

On roll call present were: Frank Kulick, Kristen Dougherty, Dan Markey (tardy), Kevin Napoli, Cynthia Stephens and JoAnne Wilson. Also present were Mayor Fuga, Atty.William Aquilino, Tony Grizzanti, Ray Rood, Bob Chase.

MINUTES:A motion was made by Mr. Napoli and seconded by Mrs. Stephens to accept the minutes of April 19, 2018. All in favor; motion carried.

TREASURER’S REPORT:General Fund $187,700.20, Recycling $6,073.02; Refuse $78,274.94, Investment Liquid Fuels $43,862.78, Liquid Fuels Checking $76,666.57, DPW Capital Reserve $38,884.30. Disbursements from April 20, 2018 to May 17, 2018 including 2 periods of payroll $52,798.13. Deposits $103,218.11.

A motion was made by Mrs. Wilson and seconded by Mrs. Dougherty to accept the treasurer’s report and bills as presented. All in favor; motion carried.

Correspondence:Diane Truman- Mrs. Truman wrote a letter to council. Reminding about the ditch in front of 248 Delaware. The situation is getting worse. The past heavy rains, the entire sidewalk was flooded and the concrete blocks are becoming very uneven. Something has to be done. Mr. Kulick gave the letter to Mr. Markey DPW Chairman to look over.

We are still waiting to hear back from the state in regards to the grant we submitted for the drainage project on Delaware.

Public Comment:

Frank Mangan-610 Washington. A roofer contractor has been engaged to replace the entire roof and he can do it in a couple of days, he is waiting for a break in the weather. The other violation concerns the rear apartment in that building, most of the work has been done. We are waiting for an electrical part, which we need a break in the weather because it concerns venting to the outside. He is waiting for the break in the weather and all things should be done.

Donna Stackel- 377 Washington Ave. Ms. Stackel said she has four concerns, the house on 218 Hudson, she has not heard mentioned. It is like an abandoned trailer, the other item is the trailer that is down in the pit on Franklin St., there is not number on it. It is in bad disarray. The other house on Main St. that burned, what is the status on that?

402 Delaware is very concerned about his drain, he would like it flushed out properly because he is having very bad water problems.

Mr. Kulick said he will add them to the list of properties. Basil said 402 Delaware, he believes when we went over to flush it, we flushed on Elm St., he was looking for Delaware. Mayor said we will have to go back over with the fire truck. We will do both Elm and Delaware.

Andy Whitiak- when he went over to Delaware with all that rain the other night he saw it backing up, is there a problem? Mayor said no, the drainage system gets taxed to the point, its going to get backed up but it will take it. If it was laying there after the storm then there is a problem. We monitor that periodically. It was a torrential downpour.

Katelyn English Lackawanna County: Senior Fun Day at McDade Park June 15 at 10AM-1pm

2018 Tennis Clinic Ages 8-16 multiple dates/times and venues that are listed – check the County Website. Blight to Bright Public Meetings Wed May 23 6PM Goodwill at North, Thursday June 7 6PM, Anthracite Center, Monday June 4, 6PM at PNC Field, Monday June 11, 911 Center 6PM. Youth Soccer Clinic Merli Sernoski June 25-28 9:30AM-12PM, Covington Park July 9-12 9:30AM-12PM, McDade Park July 23-26 5:30PM – 8PM. Ages 5-14, Cost is $45.00

Andy Whitiak 512 Garfield – Mr. Whitiak said the sewer line in front of the house, we know there is a problem, he would like an update on the record. Mayor said he came back and camerad the system, we are waiting to see on what plan of action we are going to take from there. It will be on a maintenance plan and we are going to keep an eye on it until we can actually get it fixed. Mr. Whitiak asked if there is a time maintenance plan. Mayor said the person who cameread it and backed it out, he recommended every 6 months for the condition of the line. Mr. Whitiak said it backed up on me 3 times in 6 weeks. Mayor said that was before it was cleaned, now that it has been cleaned that is what he recommended, we were having the grease problem and then there were other issues there. It is clean and it is flowing. Mr. Whitiak asked what the maintenance program is? Mayor said he will come up with he vac. Truck. Mr. Whitiak asked what about the Borough? Mayor said we will keep checking it and if we see something that concerns us we will get in contact with him.

Mr. Whitiak said the water in front of his house is still there. It was brought up and he did say he would take care of it but he backed off it and said it is a Borough problem. Mayor said we have a new backhoe now and that was the first piece of the puzzle we needed, now we can get the attachment to mill in front of the house and take care of the water. Mr. Whitiak said it is coming down from Garfield, all the way down and then its going across. He said his drain works in front of the house. Mayor said when they bumped the roads together and at some point, the one side of the road lifted a little high and that is where it dams up and where we have to mill it down. Once we mill it down it will take everything to drain. We don’t want to do too much to disturb everything. Mr. Whitiak said it looks like water is getting underneath. Mayor said it is, its all lifted and it will have to be milled and repaired also.

Mr. Whitiak thanked them for taking the Japanese knotweed. They are coming into our yard, they are jumping from Borough property onto his property. It is getting really bad this year and they are growing fast. He put that wall up to separate the Borough property from his and it came through the wall and is now a good 10ft. on his property. Mr. Whitiak said it does not look good. He cut it down but its jumping over from Borough property. Mayor said we need to look into, with all this Japanese knotweed, we are going to have to get onto a spraying program. We will have to go for training to do it and be a licensed facility to do it, you have to have a license to spray. We have to look into getting the education to do it and we will be able to take care of problems like that. Right now, we can’t. Mayor said you have to keep knocking it down and after awhile it will die off. We have to be able to spray the chemical to do it. It’s roundup but when the Borough is doing it, they want certain criteria in that. Mr. Whitiak said the Klapash’s cut his grass but his brother who is certified and he approached the Borough to do it just for cost, all over the Borough he was going to do it. Mrs. Wilson said he never contacted Shade Tree. Mr. Whitiak said maybe the Borough should contact him. It might be the cheapest way to do it. Mayor said in the meantime we will look into getting certified to do it. Mr. Whitiak said he would like his yard taken care of. Mayor said there is a lot of areas we want sprayed, we are stuck knocking it down and it’s a pain. It grows so fast. Mrs. Wilson said in the fall you don’t cut it back, you spray roundup on it that’s when they take it into their roots. You have to do it two years in a row, in the fall is when you get it on the leaves so it takes it down into the root. Mr. Whitiak said he is looking at help from the Borough instead of the cost because its jumping to my line from the Borough line. Mr. Whitiak said years ago they came in with backhoe and were knocking down the trees. He said he has pictures of it. Mr. Whitiak said he is looking for help. Mayor said we have numerous places to take care of, it isn’t something that is being ignored, its more of a process.

Mr. Whitiak asked about the business ordinance. Is that about charging businesses $25.00? Mr. Kulick said we are going to discuss that later in the meeting. Mr. Whitiak said as a former business owner this is his time and he saw it posted. He thanked Mrs. Stephens for voting against it. Mr. Napoli said it wasn’t officially voted for. Mr. Whitiak said he knows what it was but wanted to thank her for voting no. Mr. Whitiak said the first place anyone goes to, Shade Tree, Fire Co’s, the first place they go to is the businesses. Why charge $25.00 when every time you need something, you’re here 2 years, he is here 40 years, he doesn’t remember council ever doing anything for us. Why charge them $25.00. They are all going to pay it but what are you going to do send the zoning officer out if they don’t. Mr. Kulick said we are going to discuss that ordinance later in the meeting. Your points are well taken but there are some different thoughts on it, its not about the money but there are other reasons for it. Mr. Whitiak said its 50 years that him and his family were involved in business and he doesn’t remember the Borough doing much, there were a few, Jerry Giles, Buckingham and Callahan. You shook their hand, it was done. Two years, what did this council do for businesses? He is just trying to make a point. Mr. Kulick said your point is taken but he isn’t exactly sure what your point is. Mr. Whitiak said why charge $25.00 because everybody goes and gets donations off of businesses. Mr. Kulick said you are missing the point. Mr. Whitiak said he is not. Mr. Kulick said we are going to discuss this later in the meeting, your point is well taken. Mr. Whitiak asked executive session or an open meeting? Mr. Kulick said an open meeting. Mr. Whitiak said he asked a question, what did you do for businesses in the last 2 years? Mr. Kulick said according to you, nothing. Mr. Whitiak asked what he did in the last 2 years? Mr. Kulick asked what he would like us to do?

Open Council Seat:Mr. Kulick said there was a vacancy board meeting at 6:30. Carl Tomaine Jr. was appointed to fill the vacant council seat.

Mayor:Mayor acknowledged Chief Arthur, a couple of weeks ago, he responded to a fire call on the other end of town. He arrived first and he went in and went right to work with a fire extinguisher and knocked down the fire. He did a very good job.

Police:Chief Arthur said they have been slow this past reporting session. He thanked the fire police, we had several incidents within the past month. The fire police came out and they do a good job, it frees the police up to do other work. They are all volunteers along with the fire dept. They are an asset to the Borough. Chief Arthur wants to make everyone aware of the internet scams that are going around. If you receive an email saying you won something or money and you need to submit money to receive the money, that is a scam. The IRS doesn’t call people and request music google cards to pay off your tax debt. If it looks to good to be true, it probably is. Mrs. Wilson wants to thank the police. A tractor trailer going over to Bardanes, she was there coming through. We have to get signs on Bridge St. Mr. Chase said there is signs. Mrs. Wilson said we have to get no trucks sign. Chief Arthur said we have been running speed more.

Mr. DeMarco asked about the open council seat, the 6:30 meeting was that advertised? Mr. Kulick said yes. Mr. DeMarco asked where? Mr. Kulick said the Scranton Times. Mr. DeMarco said why didn’t you put it on Facebook like everything else or was it on Facebook and he just missed it. Mr. Napoli said it’s been on Facebook. Mr. DeMarco said the vacancy board meeting was on Facebook or the open council seat? Mr. Napoli said the open council seat. Mr. DeMarco said every other meeting is on Facebook, why wasn’t this one put on it? Mr. Napoli said it might have been overlooked. Mr. Kulick said we advertised the seat being open for a long time, no one responded so unfortunately, we had to go to the vacancy board. If we didn’t fill that tonight it would have went to the Lackawanna County Courts. Mr. Kulick said there were two people that applied. Mr. DeMarco asked why we had to go to the vacancy board if 2 people applied. Mr. Kulick said they applied after the 30 days. Mr. DeMarco asked if council makes up the vacancy board. Mr. Kulick said the vacancy board is made up of council and one resident, John Frankosky who chairs the meeting.

Fire:Mr. Rood said comm. Center didn’t call Chief Arthur on that call. With the new laptops they have in their cars, that is how he saw it and made a response on it. It helps us. Mr. Rood said he is ready to set Chief Arthur up with the text messaging so he knows when we are going on calls. He will know where the calls are. Mr. Rood said we had a few out of town calls besides the one we had in town. The Crystal Fire Co. will have their chicken BBQ Sunday May 20.

Zoning:Mr. Chase said he has issued quite a few permits within the past month. Several commercial permits, a lot of residential. Found a couple of building without permits. Mr. Kulick asked if there was any update on the two sheds. Mr. Chase said one is waiting on me and the other one we have the paperwork that was returned in the mail, he isn’t sure what the next process is, if he has to file this with the magistrate. Atty. said they will talk about it. Mrs. Wilson asked if Mr. Rinaldi called from the property at 105 Delaware. Mr. Chase said its not a zoning issue at all and in fact now its more of a civil matter, we are kind of out of it. It’s between the two neighbors, he paved his neighbor’s property. His worry as a citizen of Jermyn is that these people are going to get squatters rights of some sort.

Secretary: The documents were signed for the Woodlands Sewer Grant, we are awaiting executed copies to come back. There have been very few resident complaints this month. Received one concern/complaint regarding a tree on 646 Madison Ave. The neighbor indicated the tree is dead and if it falls will fall onto his fence. Also, another issue on 427 Washington, racoons in the house. It was requested by our Workers Comp. that we update the handbook. Mr. Kutch is working on the site plan for the DPW garage and we should have more details next week. We had a few bad checks written out to the Borough, received by the secretary and Ann Marie – tax collector, suggested to have an ordinance for those whose checks do not clear to pay the bank fee.

Engineer:Mr. Grizzanti asked if anyone had any questions for him. Mr. Kutch mentioned to him about the paving of the lot. We have the grant from a few years ago that we wanted so much but we only got $55,000. Mr. Kutch said he seems to think we want to be able to drive around the salt shed. Mr. Napoli said yes. Mr. Grizzanti said we would come in the alleyway and drive behind the salt shed. Mayor said there will be parking there as well, we will clean everything out. Mr. Grizzanti asked if we are thinking that everything will be pretty much paved then. Mayor said as far as $55,000 can take us. Mr. Grizzanti said he doesn’t know if $55,000 will take us that far. Mayor said the best way to go about it is take it as far as $55,000 will take us and we will go from there and figure out something else. Mayor said the concern is the main part with all the foot traffic and all the mud and debris. Mr. Grizzanti said he was talking to Jeff today and he was asking about the sewer. Mr. Grizzanti said it is right there along the property line. He is assuming we want to get gas and water from the road. Mayor said yes. Mr. Rood said we got rid of the old firehouse and all that there, Mr. Markey started talking about $40,000 and between Tony and myself thinking about it we are up to $100,000 and some now. Mr. Grizzanti said he thinks the estimate was more than that. More than $100,000. Mr. Rood said he was told it wouldn’t be that much, his question is we could have put a few dollars in the old building, do we have it planned how we are going to pay for this, we aren’t getting a grant from USDA we are getting a loan. He doesn’t know what it is going to cost us when the bids come in. Is there a plan how we are going to pay for it? Mr. Kulick said we are going to get a loan and we are going to pay for it. They have long term low interest loans. Mr. Rood said they gave you the money for Main St. but look at the costs to keep it up. Its no different if you have a loan for your house, do we have the resources to pay this thing back and on a monthly basis. Mr. DeMarco asked what about 5 years from now when the siren has to come out of this building or is that going to be the next council’s problem if you guys aren’t here. Mr. Kulick said technically we do not need the siren. Mr. Rood said yes, we do. Mr. Kulick said no we don’t. Mr. Rood said federal law, James Perry must be wrong. Mr. Kulick said other Boroughs have got rid of it. Mr. DeMarco asked if there is $25,000 set aside, that was the estimate that you got, what happens in 5 years from now and the siren is still in that building and that guy says get it out of here and you aren’t on council. Mr. Kulick said you are asking me a question, I do not have an answer too. Mr. DeMarco said maybe we should think about that.

Mr. Kulick said we are looking at things for the future that is why we are looking at a building for the DPW and why we are buying the equipment we buy. We are paying the price for that, they kicked the can to us we aren’t going to kick the can to anyone else. Did we take $25,000 and put aside, no we did not. It is something that we will have to look at. Legally he does not think we have to have a siren. There is technology now that is much more simpler to operate. Mr. Rood said you are correct, just so Mr. DeMarco knows, it was originally $25,000 from someone else and we did prices from other companies and it came in around $15,000-$16,000. Mr. Rood said what he got from James Perry was from awhile ago and if you researched it recently, he isn’t arguing that its not true. Mr. Kulick said he could be wrong too. Mayor said even if we kept that building with the siren, there was going to come a point in time that it was going to have to be replaced. It is old and getting to the point where its on its last leg. By purchasing a new one you are going to get something more modern. The new one that Mayfield has, the control board is like a little laptop. Mr. DeMarco said why not do it now and get it over with, why wait to spend the money then. Mr. Rood said what Mr. Kulick is saying that if we don’t need it and we probably don’t, is it nice sometimes yes but we have 3 messages we get, we get a text page, fire Co’s have active 911 and our text messages on the phone. Mr. DeMarco said if its required why not just spend the money now. We got a lot more for that Building then anyone ever anticipated. That building was $25,000. We got lucky that someone gave us $40,000. Why not just take care of it now instead of leave it lingering? Take care of it now and just be done. Mr. Rood said he will do some research. Mr. Napoli said him and Mr. Kulick were going back and forth about it 2-3 months ago and almost everything they found said that Federal law no longer regulates it because of all the different dispatch services that are now available to emergency services.

Mr. DeMarco said its $15,000 now it will be $30,000 in 5 years. Mr. Kulick asked Mr. Grizzanti if Mr. Kutch asked about the letter he wrote in regards to DEP and the creek project. Mr. Grizzanti said he saw the letter and he knows Mr. Kutch called and he doesn’t know if he found anything out. Mr. Kulick requested for an update for next meeting. Mr. DeMarco asked if his idea is to eliminate the flood control project and do something else. Mr. Kulick said not necessarily but we keep getting more and more road blocks with DEP and now it seems like its between DEP and Army Corp of Engineers, they can’t agree. The County Engineer Gary Cavill he called Mr. Kulick said it had to do with the Japanese knotweed, we have to create a wetland. It would cost us $15,000 a year just to maintain that and he suggested that there is something to do with putting a state wetland bank that you make a one-time contribution and you are done with it. In a letter he wrote asking them to look into that and they responded. It was beyond his expertise so he turned it over to the Borough Engineer to get some feedback. Mr. Kulick said he still thinks that maybe there is alternatives other than the creek project in general to solve this and protect ourselves. The longer it goes, we are looking at 2022 is the latest make-believe date. Mayor said the costs keep going up.

Solicitor/Code Enforcement:Atty. said we have had some communication with several property owners who are in bankruptcy and also subject to code enforcement proceedings, fortunately for the tax payers of Jermyn, if you file for bankruptcy in a result of backed taxes is what happens is the backed taxes become part of the payment out of the estate so the Borough of Jermyn will get paid over a 3-5 year period. There are additional complaints regarding some run down buildings that need to be condemned and the Borough will have to decide whether or not we are going to want to be owners of these buildings or what steps we are going to have to take, that is a larger discussion. Mr. DeMarco asked how we are going to finance them. Atty. said one of the things that were brought to his attention today was the blight to bright program, which he is going to look into and he will be contacting them tomorrow. Mr. DeMarco asked how we plan to pay for this if we have to take them to court? Atty. said the two general options are collection of fines and inspection costs from the property owner or possession of the property. Mr. Markey communicated to him the opportunity to turn some of these properties into community assets so this is one of the things we are looking into. Ms. Stackel asked what happens to the one on Franklin that is up for sale. Atty. said he would be surprised if that for sale sign is anything other than a sign. Even if that is the case, whoever the new property owner is, is going to have to do the same repairs so it doesn’t really change anything. Mr. Rood said he knew someone that called the number and there was no answer. Mr. DeMarco asked if the Borough is going to keep fronting the money until its eventually recouped or sold. Where is all this money coming from to do this, he thinks it’s a good idea and isn’t against it, some of these properties need to be taken down. Atty. said the magistrate costs are in the statute or ordinance for the Borough, he thinks its $75.00/hr. It’s something we have not discussed yet, this is in its infancy. It was brought up as recent as yesterday about using the blight to bright program in turning some of these properties into community assets, eventually within the next month or so he will be able to answer more questions but there is still a lot of research. Mr. Rood said he has been with 536 Washington, he was going to rebuild, he did some drawings for him and he does have a zoning permit which he probably has to reapply for to build on existing property. He is from New York State, he is looking at tearing it down now. He is waiting for figures to come back. Atty. asked Tony Grizzanti if they have a certified housing inspector at KBA. Mr. Grizzanti said we do and Mr. Kutch would also come under that, his credentials would go above and beyond that. Atty. asked if there are certain specifications with the state, the ones that the realtors use you have to take a class. Mr. Grizzanti said Chris at their office does have that.

Shade Tree:Mrs. Wilson said the administrative handbook, they will meet sometime next week during the day until someone is appointed as the third member. They will start a second phase in about 2-3 months for the banners. The Memorial Day ribbon cutting, all council is invited, solicitor and Mayor at 10:45AM at the Windsor and if we could have about 10:45AM the traffic stopped so our police dept. will be involved in that and it will only take a couple of minutes to cut the ribbon and then we are going to proceed down one block to the Franklin and Main and the parade will start. The American Legion is invited to be at the Ribbon Cutting and the Shade Tree also.

Mrs. Wilson said the berm on Delaware, she has a complaint from the Walsh’s and the Hosie’s. When Wayco did the black topping there, it was discussed with the homeowners that they were going to pave right up to the sidewalk and get rid of any 6 inch or 1 ft. greenway that was there. They said ok but Wayco said they would put a berm to keep the water from going onto their property. They did not. Mayor said Shane from Wayco contacted him and they were supposed to send someone down to look at Madison and a few of the other roads, he hasn’t got back to me yet. They had crews working in the area, he will have to follow up with him tomorrow and he will give him a call. Mr. Kulick asked if they can take a look over there.

Mrs. Wilson said future plans for the water retention ponds by Garfield Ave. Mayor and Mrs. Wilson were at the MS4 meeting. Mrs. Wilson said she wanted to talk about having a water garden, the plants will eat up the water and absorb it, at least to make it look half way decent so that we can maintain it instead of having to go in and cut it. Mayor said the one on Garfield, that is planted with wildflowers. Mrs. Wilson said there are trees planted in there too. Mayor said we were reluctant to cut it, we were only cutting it because they want it down. How we should handle it in the future, we will cut around the top but leave the basin alone and let that grow naturally. The man from DEP at the MS4 suggested that also, to keep it more natural; we can start to do that. If you notice there are a lot of flowers in there and it looks nice when they start blooming. Mrs. Wilson asked about the one across from Whitiak’s. Mayor said that is not ours, we do not take care of it and we have nothing to do it or do we want anything to do with it. Mrs. Wilson said we will cross that one off.

Mrs. Wilson said the Main St. has been cut to a certain point and for Memorial Day, we will go all the way down. The homeowners, the majority of them; 80% of them, maybe even more cut the grass but if is it not cut for Memorial Day so the town looks nice, the Shade Tree will do it. The only thing is, there are some homes, Palermo is one of them that the grass in front is horrible, it is getting very high. Is our police chief going to handle that? Give them warnings and if they don’t do it within a specific period of time, cite them or is it the code enforcement. Atty. said it would be the code enforcement. Mrs. Wilson said there are a couple of them that are getting unruly. Also, the house across from the Dollar General. Mrs. Wilson said she received a call from Mr. Hunt in regards to the water in the basement. He was supposed to send pictures. Mrs. Wilson said we have done everything we can. Mr. Napoli said according to the Borough Engineer, we done everything we possibly can and its no longer our issue, its his own property that is causing the issue. Mrs. Wilson said and the properties around him but they are private properties. Mrs. Wilson said she would bring it up.

Mrs. Wilson said she was in touch with John’s corn. The Snyder’s can not do it again this year for the Farmers Market. She has talked to John’s corn and they are going to call her back and we are going to look at the WWI park where we always have it and hopefully, we will get something in July. As we always have done the same procedure, it is sponsored by the Shade Tree, we will advertise it but no permit. They are doing the town a favor; do we have to vote on it? If the Shade Tree gets the Farmer’s Market, she would like to cancel the permit of any sort for them. We have always done it before, they are doing a Jermyn a service, coming in here for the elderly and the people of Jermyn. Mr. Kulick asked what kind of permit is it, solicitation permit? Mrs. Wilson said she doesn’t know, she just wants to make sure. Mr. Kulick, it would be solicitation. The Chief said they are not soliciting. Mr. Kulick said at this point, there is no business permit. Mrs. Wilson said she just wants to make sure. They can come in as a service to Jermyn residents.

Mrs. Wilson said the yard sale is going to be advertised in the newspaper this week.

Mr. Kulick asked Mrs. Wilson if she is the contact person for the second wave of the banners. Mrs. Wilson said yes, PO BOX #1 Jermyn, is the mailing address.

DPW:Mr. Markey said the backhoe has been delivered and is working our pretty well for us. The extra piping in the back has been sold and will hopefully be gone shortly. It sold on municibid for a total of $426.00.

Electronics Recycling will be Wednesdays and Fridays in June and instead of them bringing it to the Borough building, the DPW is going to pick it up curbside once scheduled. To schedule a pick up, residents are to call the Borough Office. Mr. Markey said they do ask that everything is intact, so they do not want any picture tube TV’s with the picture tube busted. They want all the cords intact. Mr. Markey asks that people put them out the night before so there is a less of a chance that someone comes by and rips the cords out.

Mr. Markey said he spoke with USDA yesterday, they are waiting for the site plans from KBA.

The second free little library, we want decorate it by having the children in town have their hand prints painted on there. All Jermyn resident children 12 and under are welcome to come to the Borough gym in Sunday June 3 from 1pm-3pm. All supplies will be provided and they can come and get their hand dipped in paint and put it on there. We will write their name on it too so they can come back and years later and come and see their handprints from when they were smaller.

Mr. Markey said 6 wireless cameras were ordered for the park, they will be installed within the next couple of weeks. With those HD cameras, we are going to put them on the ball fields, basketball court, pavilion, stand, batting cage. We are going to have capability for the police to have an app. And they will get an alert. They can set it up to get an alert whenever motion is detected, if they want to set that up with the overnight guys, they can add that. Otherwise we still have the DVR to go back on if we see vandalism.

Mr. Markey said we voted before to buy the crack sealer for 5 yearly installments. We moved some money over to the DPW capital reserve account. The Finance Committee meeting, we talked about it and thought it might be a better idea if we just use some of the DPW Capital Reserve funds and just buy it out right. There is less we will have to budget for yearly payments. Mrs. Wilson asked if they will be cutting themselves short. Mr. Markey said no. That truck out there still has 3 weeks to go in the auction and its far exceeded our expectations already. Mr. DeMarco asked what it is up to. Mayor said $16,600. Mr. Markey said we valued it at $12,000.

A motion was made by Mr. Markey and seconded by Mrs. Dougherty to buy the crack sealer outright instead of financing it for 5 years. All in favor; motion carried.

Business Ordinance:Mr. Kulick said the ordinance was advertised. Based on conversations we have had amongst ourselves and others, there were some questions about this ordinance. Mr. Kulick said Mr. Whitiak was incorrect, he was correct that Cindy was the one that voted against it but he was absent at that meeting so he didn’t vote for or against it. Mr. Kulick said at one meeting Mr. Chase said it was a part of zoning or should be zoning. Mr. Chase said whenever you open a business in Jermyn, you can’t come in and open any business, there are certain businesses that are only allowed in certain areas and it’s a use. Mr. Kulick said so that means they have to meet the use of the area that they are opening the business. Mr. Chase said it has to fall within a criteria, you can’t do manufacturing in commercial area. We can’t have a small engine repair business in a residential area and you can’t have a machine shop in a business area. Mr. Kulick asked if he thinks that there are businesses that are in town or could come to town that don’t realize it maybe whatever they are doing is against zoning. Mr. Chase said he has caught several in the past. Mr. Kulick asked wouldn’t you agree if there was some kind of criteria for permit not necessarily with a financial component of it but some kind of business permit, saying ok you can open your business, you registered with the Borough we made sure you are in the proper zoning, we made sure that your actually a licensed business. Mr. Chase said that can be done by simply adding a line in the zoning ordinance that states that any business that you do will require zoning. If the proper wording was there, any business you are opening up, you have to apply for zoning; its not a yearly thing. He understands what you are doing, better understanding what type of work they do.

Mr. Kulick said we are making it clear, there isn’t any question, if you want to open up a business in this town, you need to fill out the business registration. Mrs. Dougherty asked if it can be something like a use permit. Mr. Chase said if you open up a business in your house, then you are changing the use, you aren’t a residential house. Mr. Kulick said how are they going to know its in zoning. If they come into the town and open up a business they need a business permit issued by the Borough. Mr. DeMarco asked how they will know to fill it out. Mr. Chase asked how it is different. Mr. DeMarco asked how they will know, how is it different. Mr. Kulick said the zoning ordinance is quite large for somebody to go through it. If you want to open up a business in this town you have to get a business permit. He can understand the argument about the $25.00 and understands about grandfathering in businesses that exists. He can’t understand an argument against having something that tells us what is going on in the town. Mr. Markey said for example, did you know about Cosmetologist on Rushbrook, not the legal one but the Andrea Love and Passion on Rushbrook St. Jermyn PA 18433. Mr. Markey said this is just an example that he found that one of our local residents on Washington Ave. is advertising on Facebook for free haircuts for men ends today because she’s licensed and she’s just starting out on her own and wants everyone to know that she is here. With something like this, she would be required to get a use permit right? Mr. Chase said she may or may not. Mr. Markey said it depends on where she is at and what the zoning is. Mr. Rood said he agrees on what they are trying to do as a business owner, like the Chinese place came in and left and no one knew anything about it. Mr. Rood said to fill out a permit, he agrees with but the $25.00 not that he wouldn’t pay it but do you really need the $25.00 for them to fill out a permit.

Mr. Napoli said no. Mr. Markey said we should compromise, before we wanted it $25.00 for a brick and mortar store, let’s get rid of the $25.00 and make everybody who has a business fill out a permit and get it on the registry. Mr. Rood said it would be a good thing for the fire company too because we would know what they have in the business for example chemicals and we can put it in our active 911. Mr. Markey said if we have someone that is working in the Borough they should be paying an LST tax. Mr. Napoli said his reason was going go through with having some sort of business permit is that it can be used as a database for emergency services from his experience can know what we are going into and know what is going on around us. Mr. Napoli said he is hoping that if we do make it free then more people would be more likely to fill out the paperwork. Mrs. Wilson said it should be a one-time registration form, the established businesses shouldn’t have to fill it out every year, its not an annual thing, unless the business changes. Mr. Markey asked if we are going to enforce a penalty for not doing. We enforce penalties on our current ordinances and now we want to enforce them there’s a lot of people that have a lot of problems with us. Mrs. Wilson said we are not charging the businesses to fill this out. Mr. Markey said what if they don’t fill out, what if they say I want to lay low, I don’t want to let anyone know I am here. Mr. DeMarco said the big thing is the cost for enforcement. Mr. Markey said the solicitor, when he does work for us in the capacity as the solicitor its $400 retainer a month. Mr. DeMarco asked if you go to court its all covered? Mr. Markey said no court is per hour. Mr. Kulick said he understands what Mr. DeMarco is saying but that is like an excuse to do nothing, that is what happened all these years that is why we are at where we are at. Mr. DeMarco said he just worried about the costs. Mr. Kulick said it comes with a cost and we have to be prepared to either pay that cost or just take the ordinances and throw them out the window because they don’t mean anything, if we don’t enforce them they don’t mean anything. Mr. DeMarco said is there something for 2019 budget for this? Eventually it is going to cost the Borough money and he’s worried about that. Mr. Kulick said to suggest how to fight it without spending money. Mr. DeMarco asked if we have the money to go to court if these cases go to court? Mr. Rood said he thinks we are getting costs involved too much, we don’t know what the costs will be until we get to that point. That is council’s decision once we get to that point, if its gets to that point and council has to make that decision do we have the money now, we have to make that decision at the time if one of these properties goes to that point, does council want to proceed. Which they did want to proceed with the other one and unfortunately, they held out to long. Mr. DeMarco said you guys stop 75% of the blight just by sending letters and visits then you are doing a good job.

Mr. Napoli said he would like to see the business ordinance continue with no cost to the business and a one-time permit and the only time that business should have to reapply is if it changes hands or becomes bigger. Mr. Markey asked if it has to be re-advertised. Atty. said we are changing the amount and the yearly aspect of it, anything else? Atty. said we will rewrite it.

Chicken Ordinance:Mrs. Stephens provided council with Mayfield’s ordinance. You have to apply every year, if you are having chickens your neighbors on each side of your residence have to sign that they are accepting it. No roosters allowed. It is $20 per permit and every year has to be filled out. Atty. said the no eating rule is so people don’t turn this into family farms that are not zoned. Atty. said he would like to read through this, as far as the application goes there might be a couple things we want to clear up which is restricting sq. ft. of the coop. Mr. Chase said they are allowed two accessory structures, a kennel and a kids play house is exempt from the accessory structure, will the chicken coop be an accessory structure? Atty. said chicken coops are notorious for attracting raccoons and foxes. There is a lot that goes along with this. Mr. Markey said he commends Riley who came before council in regards to the chickens. Mr. Markey said just out of curiosity, has anyone looked into or asked, do we know what the scope of people in Jermyn that wants chickens. Is it 10% of people, 80% of the people, 2% of the people? Mr. Chase said he gets calls a lot, he gets people that want pigs. Mr. Markey said that is the other question, does this open us up for other stuff, you let us have chickens why can’t we have pigs. Mrs. Dougherty said with Mayfield’s Ordinance stating that they have to have permission from the neighbor’s, it might cause fighting between neighbors over chickens.

Tree in Creek:Mr. Constantine raised an issue about trees in Rushbrook Creek by the Windsor, which is the Windsor’s tree. Mr. Rood said one concern that was brought up by a tenant of the Brenzel building is if that one that is in there now does come down it is going to hit their building. Mr. Markey said the issue right now, it is in a precarious space; cutting it down he doesn’t think is as much as a problem as getting it removed safely without any property damage. It’s already leaning up against the fence which may be causing property damage to that fence. Mr. Markey said when he spoke with the Windsor about the tree in the creek, they have a problem with the Brake Retarder sign because when people are coming off of 107 from the Casey, people are complaining that they can not see the Windsor sign because of the Brake sign is right there. Mr. Markey told him that yes, we put them up but we had to follow the letter of the law from PennDOT and we couldn’t move one inch from where they told us. He did request that maybe we reach out to PennDOT and ask if we can move end of Brake retarder prohibition sign and he told him that we can and when PennDOT tells us no, he can go ahead and ask them.

Summer Program:Mr. Kulick said we had zero applicants for our summer program. If anyone has a college age or high school student. Mr. Napoli asked if we can put anything up at the high school. Mr. Kulick said we prefer college. Mrs. Dougherty asked if it can be a recent high school graduate.

Zoning Hearing Board:Mr. Kulick said he did some research and found that we either need to change our ordinance on the zoning hearing board or delegate 2 members to alternates. The ordinance says the zoning hearing board consists of 3 members and 2 alternates, we have 5 members; we are in violation of our own ordinance. The zoning hearing board can decide amongst themselves or we can just say the last two people appointed can be alternates, or we can change the ordinance. Mrs. Wilson said maybe we should let the zoning board decide for themselves, maybe there is someone that wants to give up their position after x amount of years. Mr. Napoli said to give it to the zoning board, give us your 2 alternates. Mr. Kulick asked who the chairman is. Mr. Chase said Ted Chrusch.

Check Ordinance:Mr. Kulick said it was requested by both the tax collector and borough secretary to have something in place for those whose checks do not clear the bank. We have had bad checks written to the Borough and to the tax collector. Mr. Kulick suggested to put a sign up in the office.

Neighborworks:Neighborworks, who purchased a property on Cemetery St. obtained permits and they are requesting since they are a non-profit that we waive their admin. Fees for the NEIC permits. A motion was made by Mr. Markey and seconded by Mr. Napoli to reimburse Neighborworks Admin fees for $178.00. All in favor; motion carried.

A motion was made by Mr. Napoli and seconded by Mrs. Dougherty to adjourn the meeting at 9:09PM. All in favor; motion carried.