Minutes 11-16-17

Jermyn Borough

Council Minutes

November 16, 2017

The Jermyn Borough Council held a council meeting on November 16, 2017 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, Robert Parks, Dan Markey, Kevin Napoli, Joseph Smith, and JoAnne Wilson. Also present were Mayor Smallacombe, Atty. Moran, Ray Rood and Bob Chase. Absent were; John Mark, KBA and Evan Samuelsen.

Mr. Kulick asked everyone to remain standing for a moment of silence for our former Council President Donald Edwards.

 MINUTES:A motion was made by Mr. Markey and seconded by Mr. Napoli to accept the minutes of November 2, 2017. All in favor; motion carried.


General Fund $144,991.65, Recycling $4,856.90; Refuse $91,970.76, Investment Liquid Fuels $73,266.55. Disbursements from October 20 to November 16, $54,920.51. Deposits $33,257.71. A motion was made by Mr. Smith and seconded by Mrs. Wilson to accept the finance report. All in favor; motion carried.

 PUBLIC COMMENT: William Langman said the new lights in the parking lot helped him a lot.

JOHN DEERE REPRESENTATIVE FOR BACKHOE: Jeff from Five Star equipment – a local John Deere dealer presented council regarding a new backhoe. Our backhoe has some electrical issues. They do not make a machine the same size we have now. The smallest unit is a little bit bigger. He put together proposals so we have an idea on what costs would be and it depends how the machines are specified and there are different payments plans we can get. All of the equipment is now purchased through COSTARS there are special discounts governmental agencies get. Nothing needs to go out to bid, we can spec anything the way we want it and we can buy off the lot or order something.

Mr. Markey said there are a couple different things we are interested in ad concerned about. From a financial standpoint we are concerned about finances. He asked Jeff to give a brief overview to the rest of council about how the financing works and if there are leasing options and what Five Star equipment will recommend in a situation for a Borough like ours. Jeff said John Deere has their own finance company which is John Deere credit and most government agencies purchase through Municipal Leases and we can set them up so we have an annual payment, we can do it in advance or if we have a trade in like in our case, that would be our down payment so we can set it up. We would take a piece of equipment right now and trade ours in and not have a payment until a year from now, that is what most government agencies do. Jeff said he can give us an idea what it would be, we can do 2 years,3,4,5,6 and can even go up to 7 years. A rough idea on numbers on the machine that he priced for us is a machine that they have on order, it is pretty much a basic spec., and it has a cab, 4WD and has all the important features that we would need. The price of the machine is $89,516. The trade in value on ours $22,000. There is a filing fee of $168, if we chose to finance with John Deere, financed amount would be $67,684. On a 7 year term of an annual payment would be $11,746 / yr. If we decide to make a payment upfront, it would be a little bit cheaper due to less interest. 6 year would be $13,273. 5 year would be $15,548. 4 year would be $18,908. We can also do shorter terms too. Unfortunately a lot of this equipment in this environment it is corrosive with the salt and it causes problems. Most governmental agencies will update their equipment every 4 or 5 years to keep on top of that and keep warranties on their equipment. Mr. Kulick asked how old the equipment we have now is. Tony Fuga said he believes it’s a 04-05. Mayor Smallacombe said these are purchase prices, not lease prices, and is there a lease program? Jeff said those payments are the annual lease payments. Jeff said with governmental agencies, at the end of the lease you own it. There is no balloon payment at the end, it isn’t like a car. We will own it. Mrs. Wilson said if we want to purchase another one, can we use that as a trade in? Jeff said yes, you own it and you have equity in it, you can trade it in in 5 years if you took a 5 yr. payment plan and you own it out right, whatever the value of it is that’s how much equity you would have to purchase new equipment. Mrs. Wilson asked about the total price? Jeff said $89,516.06. The way it works right now through COSTARS you get a 39% discount off of the list price of the piece of equipment. It is all broken down on these papers. Five Star equipment is giving an additional $2,500 off to get to that $89,516. We are also getting a 5 year full machine extended warranty for 1,500 hours.

Mr. Parks said it is 5 years or 1,500 hours. Mr. Smith asked what the trade in value for our machine right now. Jeff said $22,000. Jeff said this particular machine that he priced out would be a 2018 and it is one we have ordered for stock and it is scheduled to be in the middle of December. Mayor asked if it has a cab. Jeff said yes, 4WD, heat, AC, 24” backhoe bucket. It is a general spec. it’s nothing crazy. Mr. Parks how much weight can the front end pick up. The lift capacity of this machine to full height is 6,800 lbs. That is the full height. Mr. Parks said if we wanted to drop a storm box in the ground, that’s what he was looking at.

Donna Stackel asked what this machine is going to do. Jeff said to a lot of Borough’s and municipalities when you have a machine like this and you do not have a big budget to have multiple machines, you can load, clean roads, clean intersections, put pipes in the ground, many uses you can use this machine for. Something like this for townships and municipalities you can use it for multiple things. Mr. Smith asked if there is something that is used but that is certified. Jeff said the problem is with townships and municipalities buying used equipment a lot of times they want low hour equipment, you are getting the governmental discount off of the machine, it doesn’t make sense to buy a low hour machine because you are going to pay retail price for it. A lot of the used machines with low hours are going to be very close to what you are paying for a brand new machine. Mr. Smith said very close in what sense? He asked if Jeff had any knowledge if he had something comparable that is certified. Jeff said he has some machines that are used but with used machines you are not going to be getting the 39% COSTARS governmental discount off of it. Whatever the market price is at the used machine it is going to be. Mr. Smith asked if he knew what a price would be like that. Jeff said it could be $100,000 – $90,000. Mr. Smith said he would think that type of machine would be a lot better than this type for something used that is going to be greater than this. Mr. Smith said you mentioned this would be a basic machine. Jeff said it’s basic; it doesn’t have options on it. It’s a basic spec. Basic spec for general use. Mr. Smith said so when you say you have a used machine that might cost $100,000, is that used machine better equipped than this one? Jeff said it could be, there are a lot of specs. Mr. Smith asked if we are comparing oranges to oranges, apples to apples or apples to oranges. Jeff said there are a lot of specs that go on a machine depending on how someone wants it equipped, you can go up to the next model, bigger tires on the machine, bigger loader bucket, you can get different controls in it, it all depends on the machine. Jeff said there are a lot of items you can add onto a machine, lights, and block heaters, etc.

Mr. Smith said he just having a hard time understanding that we have a new machine for $89,516 and if we buy something he would think similar to this it would cost $100,000 used. Mr. Kulick said with the $89,000 machine you get the 39% discount off of the price. Jeff said each piece of equipment that is used, without picking one out and showing it to you, you can have a machine that has 500 hours and you can have one that has 2,000 hours on it, sometimes that machine with 2,000 hours is better condition than the machine with 500 hours. It depends on how it was taken care of and what environment it was used in. There are a lot of variables; it is not like a car. Mr. Markey said before the COSTARS discount, the retail price is over $124,000. Mr. Markey said what he is saying he can get you one used for $100,000 but then you do not get your 39% off. Jeff said a lot of times the used machine may not have the full warranty, they may just have the powertrain warranty, they come from the factory with 1 year full warranty and whatever is put on it after depends.

Tony Fuga said the machine that he is talking about now is 2x the machine that we have currently out there. It can do more to lift more. We have to think to the future when we get the creek project in and we have to clean it, we are going to need that capability to be able to reach in and grab things out so that is why we were looking towards that. Mr. Smith asked Tony Fuga if we need something 2x that machine. Tony said the one we have is a good fit for us but it is a little too small, it doesn’t really have the lifting capabilities that we could use and a lot of times when we have to do things we have to call other people in to be able to lift because that machine just can’t do it. It is an upgrade from what we have but it is still not too big. Mr. Parks said when we put the storm box catch basin in over by the Artisan on Maple St. that wouldn’t lift it; we ended up getting Joe Cunningham to bring his over from Jermyn Supply to be able to place the box that one wouldn’t pick it up. If it’s something we want to do, drainage it would be a plus to have. Tony said we also got a pallet of tar a couple years back and we actually had to unload half the pallet to get the rest of it off with that because it just wouldn’t lift it, it doesn’t have the capacity. It is a good machine for what we do but just to have a little bit more would be a better fit.

Council thanked Jeff for coming.

Mr. Smith asked Mr. Markey the price of this machine is pretty high, did you get 3 bids or estimates from different companies that would be similar equipment. Mr. Markey said with COSTARS we do not have to do that but we are not going to make any decisions, the next council meeting we are going to have a representative from JCB come and discuss about what machine will fit our needs. Mayor said F&S deals with New Holland and Kubota and now Kubota are now are as good as most machines out there. They have comfortable sizes too. Mr. Markey said we can call them too. Mayor said they make a pretty good machine now it isn’t like it used to be when Kubota was a little farm tractor, now they make excavators and they do bigger backhoes and comparable to price wise they are cheaper than John Deere. John Deere and CAT, you are going to pay more for those. Tony Fuga said the only problem with Kubota is your biggest Kubota is the size of ours that we have now. Mayor said they bigger units. Tony said he already looked into it, they do not. Mayor said he was just down there and they said they have machines that are a lot bigger. Tony Fuga said New Holland does but Kubota, no. Tony said Kubota is not the way to go.

Mr. Smith said he does not know much about heavy equipment but $90,000 for a machine is like a sticker shock. Mr. Smith said we just started the 2018 budget and he has no idea where we are going to fit a cost like this. Tony Fuga said the problem is, years ago if we did what we should have been doing is replacing this stuff we wouldn’t be where we are right now and that is what happened, we let this get to far gone. The John Deere tech came up and fixed it and got it running. Mr. Smith said Mr. Markey explained all that. Tony said it’s not like we want a new machine but we are on borrowed time. He agrees it is a lot of money but we do not want to buy something ok its $50,000 and we can’t do anything with it either, we are in that boat too. If you want to spend money at least spend it the right way and buy what we need. $90,000 is a lot of money, absolutely. Mr. Markey said that is before the trade on. Mr. Smith said it is $67,000 with the trade in and discount. Mr. Markey said we are having other representatives come.

MAYOR REPORT:Mayor congratulated everyone who won their elections, our new Mayor and new council. They put their effort forward to come out and help the Borough. He thanked all those who ran and did not win, they put their effort out. Mayor thanked Mr. Parks for his years and years of service, he did a lot for the Borough.

Mayor said we have a local in town he will be honored for entering the Northeast PA Bowling Hall of Fame – Mark Edwards. The ceremony is Sunday evening; tickets are still available it is $20 for the dinner. He has been a Jermyn resident now for quite a few years, he bought a house on the 700 block of Lincoln. Mayor said he has known him for a long time. It is a well-deserved award and congratulations to Mark Edwards.

The police department seems to be going well, we have a letter from Dominic Calzola, he is going to be taking a leave of absence, and he is looking for a new job. Hopefully everything works out for him in the right way. He still would like to stay here part time but he is looking to take some training to move on to bigger and better things for himself. Mayor congratulated Dominic Calzola for taking the effort and steps to improve his life and we will miss him as a full time officer, he did a good job he was very well liked. A lot of the people complemented him all the time, Mayor said he would be on the street and they would say what a great officer he was. He will be missed. Mayor said he doesn’t know if we plan on keeping a full time officer or we are going back to part time, his recommendation still is to go back to part time until we can get that grant from the Federal Government. It comes out every year to help pay for that position. Mayor said it comes out in June or July and it comes from Cartwright’s office every year and it helps pay the salary for 3 years and if we take that money and invest it we will be able to be able to pay that salary for 2 more years. We would have a 5 year officer paid for and it wouldn’t cost us anything extra.

The Historical Society- They plan on opening their historical society museum at 520 Washington Ave. on Thursday evenings after the first of the year from 7pm – 9pm. They will try to open at least 1 day a week and maybe two depending on how much help they get. Mayor said you would be thoroughly impressed what they have in there. They are getting more and more every day. Last Thursday night, they scanned over 150 Veteran’s pictures, articles from WWII alone where people were inducted into the Army, where they were stationed and pictures of them. There are articles on when they were awarded medals and when they came home from the service. All of it was donated by the Parry family. Mayor said if you need pictures because they are doing the flags in town, if you need pictures we are going to put those pictures on a DVD and have them available so if someone comes down and wants to research their relative they can have a picture they can print out.

Mayor said everything else seems to be going very well, the police dept. is doing a good job as always there are a few little hiccups, for the most part when he talks to other police chiefs and other Mayors in other towns, they cannot get over the fact that we have as few problems as we do in Jermyn. They always have problems, always personnel issues, issues between council and mayor, council and police depts., chiefs, mayors. They can’t believe we can continue to work in Jermyn as well as we do between our council and Mayor and Police departments and Fire departments. Jermyn itself needs to be commended for that.

Public Safety:Mr. Napoli said the Taurus just came back from getting checked out, the small issue with the fuel pump was taken care of. The Humvee is over there now they are looking at tires just to make sure everything is taken care of. Chief Arthur went to the Federal Surplus and got a free 10 ton lift jack for the police cars. He was also looking into getting a winch to use for the Humvee. Mr. Kulick asked if we are covering Officer Calzola’s shifts without any issues. Mr. Napoli said he will request an executive session tonight to discuss personnel.

Fire Chief:Mr. Rood said tonight, Mr. Chase, Mr. Allan and himself were at Comm. Center, they set up a new CAD system. They reviewed it and went through it to show them how it is going to work and it is going to save time dispatching. Mr. Rood said both companies got new email addresses. Before they used to send an email out, that is how he would get his reports. Now you can go search your own reports, they won’t send them out but you will have your password and you can go get them.

Siren – Mr. Rood said he is not complaining but just making council aware of it, when he went over to blow the siren for the Veterans Day Ceremony, the doors were closed on the closet that we would like to keep open for air. They really should be open for air. The idea that we said what we would do initially, the initial agreement was to put that wall up so just so we can get in and get to the siren and nothing else. Mr. Rood said just so council is aware of it. He was having trouble with text messaging. There was an accident the other day, fire police came out on Washington and he was out with them. One pager went off and the rest of them didn’t and they do not think the siren blew. He is going to see if it something on our end or Comm centers end as to why the siren is not going off. Mr. Rood said he gave the keys back to Chief Arthur. Mr. Napoli asked if it is an overheating issue as to why the doors were always kept open. Mr. Rood said from when he became fire chief it was always something that the doors always had to be remained open. The doors were always to be remained open. Mr. Chase said there are a lot of transformers in there. Mr. Kulick said we will have to see if we can get a hold of the owner of the building. Mr. Rood said originally when it was sold they would put up a wall up across there so we can get in that one door only and not go into the rest of his building.

Zoning: Mr. Chase said he had a couple of permits for a shed and fences. There were some issues with someone that wants a garage and shed but they have some non-conformity that are kind of interfering that so he is working with them on that. Mr. Chase said he drove by Washington to look at that driveway that was mentioned about, he said he does not see anything there that regards to zoning because they are not building anything and not affecting the sidewalk, it’s just someone redoing a driveway. However, he did not go in the back to see what repercussions it’s going to cost to the alley way back there. Mr. Chase said obviously he is trying to take care of his water problem on his own but what it is going to do for everybody else. Mr. Kulick asked about the shed on Franklin. Mr. Chase said he drove by yesterday to get the house number so he can send him a letter. Mrs. Wilson asked about the Munley house, that ramp. Mr. Chase said he drove by there and he wasn’t sure if somebody just left garbage on their sidewalk or if it was actually a ramp. Mrs. Wilson said it is a ramp. Mr. Chase said he will look into it. Mrs. Wilson said the day she saw it, kids were around there playing. Mr. Chase said the sidewalk comes back so far that is kind of a deep sidewalk so he is not sure if that interferes with the right of way or not.

Mayor asked if the owner of the property with the shed lives out of town. Mr. Chase said he lives there. Mr. Chase said it is Duffy’s property. Mr. Chase said the resident told him that he owns that lot and can put it wherever he wants. Mr. Chase said it is in the line of sight and its 2ft off of the sidewalk and does not meet any setbacks and it cannot be on its own property. When Mr. Chase stopped and confronted him about it, it did not go well. Mayor said it is an eyesore; it is right at the edge of the sidewalk.

Solicitor:Pension: Atty. Moran said because of the size of Jermyn’s Police force there is a lot of flexibility regarding the pension plan. We can opt into act 600 which spells out the requirements of municipal police officers to have fully funded pensions. It is optional for the Borough of Jermyn. Generally, the rule of thumb for the Borough the size of ours to have an employee contribute somewhere between 5%-8% of the monthly salary as pension contributions. 8% is the high end and 5% is the low end, the low end would be if the employer also contributes to social security. We have to first determine if any of our municipal police officers are also contributing to social security, if it’s not the case then it can be the max of 8%.

Refuse: Atty. Moran said at the time he didn’t have a problem as to what was being proposed he just wanted to double check. Atty. Moran said the law is that we can charge what the fee is authorized under the ordinance and we can use that for limitless purposes as long as it ties to the elimination of refuse. A chipper would fit that. We can use garbage money to purchase a new chipper and there is no restriction of putting that into an interest bearing account and it should be.

Atty. Moran said a letter was left for him for a request for reimbursement for a liability insurance policy deductible, it is a reasonable request except the news is news to him that it was a settlement of an employee. He suggested that the Borough requests a copy of the settlement agreement that we had to pay the deductible for. When and if we pay the deductible the public money being spent and that settlement is public record and the terms of conditions of that is also public record. Right now whatever happened here which he honestly does not have any insight to, could be very well be privileged and it can stay that way if we do not pay the deductible. If we pay the $289 than that is public money that was spent. His advice is to follow up with EMC and ask them what the terms were and if we can have a copy of that settlement agreement. This might be a claim that we initiated about a year ago that we got a letter representation from a civil right attorney. Atty. Moran did not think it went anywhere.

Paper Street:Mr. Kulick asked about the paper streets. Atty. Moran said he would like to see a list of the paper streets, it was never provided to him. Atty. Moran said we need to know what they are identifying as a paper street and go to abiding property owners and that is how you secure the easement. A paper street is just that, it’s something that appears on a map but it doesn’t exist in reality. The Borough has no responsibility for it; we have no ownership unless we assured some kind of ownership or use of it. We have to know which paper street you are identifying and we have to look at the map and see who the property owners are and go and talk to them to obtain the easements that way. Atty. Moran asked if we had a list. Mayor said one is River St. the very end of it where it goes in through the creek. Atty. Moran said we would need a parcel number so we can see who owns the adjoining property. Mayor said the other one is the alley that goes out to Rushbrook from Lincoln Ave, which doesn’t exist. Atty. Moran said they are not looking to make use of the whole segment are they. Mayor said they want to know whether we are going to take control and ownership of or are we going to leave the ownership to the abiding property. Atty. Moran said no we are not considering ownership and it does belong to the abiding property owner.

MS4: Mr. Kulick asked if there was an MS4 permit ordinance. Atty. Moran will have it for next meeting.

Shade Tree:The Hometown Heroes banners started on November 11. We have a dozen applications already submitted with the checks so far. Mrs. Wilson said we have a few asking for certain poles and if it is possible we will do it but it will be on a first come first serve basis. Mrs. Wilson has contacted 4 businesses and told them they can have a banner honoring someone either from their business or their business themselves honoring part of the military. Mrs. Wilson said we want to do 53 banners which are the decorative lights. It will not be the silver harness it will be the black powder coated, it is costing the shade tree more money but we thought it would look better and a neater look to the decorative lights. We are not including that in the $150.00, it will all balance out in the long run. The other poles will have the silver harness and so far the rate we are going, we may have more than 53 so we will continue with the 700 block and all the way down and on Rushbrook as far as we can go. Mrs. Wilson said may be she is overstepping but the only thing is the DPW, we have to work with the DPW and maybe 53 is all we can handle this year to put up.

Mr. Rood asked if these are going on the light poles or the telephone poles. Mrs. Wilson said they are going on the decorative light poles on Main St. Mr. Rood said the light poles that were put in when the sidewalks were put in. Mrs. Wilson said there will be two on the right side where there is parking and on the left side where there is no parking; there will be one banner over the sidewalk. Mr. Rood said as long as they are high enough that the fire trucks do not hit them. Mrs. Wilson said we will work with the DPW to make sure. Mr. Rood said as long as they are higher than 12ft. Tony Fuga said they will be over the sidewalks.

Mrs. Wilson said the concert is the 2nd Sunday in December and it is the 25th anniversary of the concert. We hope we have good attendance and a nice celebration for that weekend with the parade.

Mrs. Wilson said she had a lot of complaints about our doors, the front door and the side door. Mrs. Wilson said we have one estimate and will be getting some more prices from other people and at the Finance Budget she will present it then. Mrs. Wilson said she hopes we have some money that is in this budget that we can at least do one door before the winter months come in.

Finance:Mr. Smith said the Finance committee started the budget. There is a lot of work involved and there is a lot of homework involved. The next meeting will be Sunday evening and he thanked those that are on the committee, Mrs. Wilson and Mr. Markey. Mr. Smith also thanked the Borough Secretary. Mr. Smith said one of the discussions we had was about the police pension fund. We are required by law that we have to fund the pension for the two full time officers, even though there will only be one. We will probably get $20,000 back from the state so it would cost the Borough about $17,000.

DPW:Mr. Markey said that Tony and Joe installed the new LED lights in the parking lot and thanked them. Mr. Markey said we installed outlets in the back of the building. In 2018 we are going to work on a labeling project; we are going to take an inventory of all of our assets, large and small. We are going to put asset tags on everything, label everything so we know exactly what we have so we can get a valuation of all those things and get it over to the insurance company if anything should ever happen to the equipment. We will have everything accounted for.

Mrs. Wilson said incase people see us out and about, the trees have been ordered for some people for personal property that is next to the road that we allow. There will be trees that will be delivered and planted, hopefully this week.

Fire Co. Liability Insurance:Mr. Kulick said he was not at the last meeting but he understands that Mr. Jeff Kyle was here from DGK and explained it. The way he understands it is that we reverted back to the way it used to be with the Artisan. Mr. Chase said yes. With the Crystal that is not the case. Mr. Rood said he had a meeting so he could not be here at the last meeting, he talked to Mr. Kyle afterwards and as of right now all our insurance is on us at the Crystals. Mr. Rood said Mr. Kyle had one of the secretaries send him a liability cost. At our meeting it was brought up and Crystal would like to keep it the way it is as far as them having their insurance, we would get reimbursed for that cost for liability insurance. Mr. Kulick said wasn’t there something if insurance goes through the fire co. they get better protection. Mr. Chase said he briefly spoke to Mr. Rood and he met with Jeff Kyle last Wednesday and he came to us and presented that the liability policy itself is going to revert back to the Artisan but the bill for it would still come to the Borough, it would create a savings for the Borough in that aspect we would get better coverage because of the umbrella policy.

Mr. Chase said it would just take the billing aspect of that liability off of us and onto the Borough. Mr. Smith said it was a win win situation. Mr. Chase said it was, he saw it on paper and it worked out. We brought it up to our meeting and we approved it pending council approving it. Mr. Smith said to Mr. Rood are you saying the Crystal does not want us to handle their liability policy. Mr. Rood said he was not at the meeting, when you say handle do we want you to pay for it, yes, the Borough always paid for it. We want it under our blanket policy, before it was under the Borough’s policy. Mr. Markey said it was always covered until you guys took the liability on the trucks back and put it on your own last year. Mr. Markey said instead of just taking physical damage off ours, you went and took everything. Artisan kept the liability with us paying it and put the physical damage back on theirs. Mr. Rood said so the Borough is going to pay the liability and the Crystal is going to be responsible for the physical damage. Mr. Chase said no what they are saying is, the policy is going back to you but they are just getting the bill. Mr. Smith said we are keeping the liability policy, which is cheaper if it comes to the Borough and we pay it but it’s with you guys. Mr. Chase said before they had the policy, now we get the policy and they get the bill.

Mr. Rood said he agrees with that if it is a savings for everybody but he cannot make that decision. That has to be a body decision like the Crystal had to have a body decision. Mr. Rood said he has a meeting this Wednesday, so he can bring it up this Wednesday meeting and explained to them the way it was explained to me. Mr. Rood asked what does he do just call the Borough Secretary and let them know or let someone know. Mr. Kulick said if the policy stays under the fire co. policy and the bill comes to us you get better coverage and we pay less money. Mr. Smith said he does not think a phone call is sufficient in this case; he thinks the Crystal would have to write us a letter officially asking for us to reinstate their liability policy. A call is not going to be good in this case. Mr. Smith said we should have something in writing. Mr. Markey said for the Artisan, we are taking the Captain’s word. Mr. Smith said he would take Ray’s word any day but we would want something in writing saying they are officially asking us. Mr. Markey said he thinks there are other things that should be discussed too.

Mr. Rood said the liability insurance would stay in Crystal’s name or the Artisan’s. Mr. Smith said probably the best thing is to have the Crystal and the Artisans here together and have a discussion with them. Mr. Rood said we kind of did at our Firemen’s Relief Meeting. Mr. Smith said you weren’t at our last meeting and you didn’t know exactly what was said and wasn’t said because there are some conditions that have to be discussed. Mr. Rood said and that is what we do not know and that is why if there are conditions. Mr. Smith said it was discussed at the open meeting. Mr. Rood asked what the conditions are, he has to go back to the meeting and say what the conditions are. Mr. Smith said one of the conditions if the Borough pays for the Fire Co. Mr. Kulick said we can stipulate not who is going to drive the fire trucks but who won’t drive the firetrucks, not by name, in other words if there someone that are currently under a DUI for example or have a traffic violations for moving traffic violations, we do not want them driving the fire truck. Mr. Rood said he can get him a copy of that and Mr. Napoli should have a copy of that and there should be a copy in the office. When he became Fire Chief they set up SOG’s, which he brought to Jermyn Borough and it was approved by council and that is in there if you get an accident or something like that it has to be reported. Mr. Markey said in your SOG it says if someone gets into an accident driving the fire truck then they can be given a breathalyzer test but it doesn’t say that if you are already have had a DUI even in your privately owned vehicle then you cannot drive the fire trucks. Atty. Moran said it would be good practice especially what is going on right now, there is confusion, put it in a letter and we will have a record of it, formally request and the Borough will respond back and we will have a file. Mr. Rood said he will have Jeff Kyle come down Wednesday night. Mr. Kulick said next meeting we can have a letter from both fire companies. Mr. Markey said what about possible additional insured stipulations. Atty. Moran said yes if we are covering the insurance than if there is a loss on your truck then we submit the claim and the Borough gets paid unless we indicate that you are additional insured and a loss payee which means you are authorized to get the check from the insurance company. Mr. Rood said that is where some of the confusion came, if our truck is damaged, where does it come into play. Atty. Moran said it’s the same concept of landlords who make tenants get insurance policies for their rented space and in the lease it would say you must add me the landlord as the additional insured because if something is damaged that the rented space I own, I don’t want the check going to the tenant. It is a function of underwriting; we just have to make sure we are talking to the carrier since the Borough is paying for the policy then the Borough is a loss payee but so is the fire co. because if the fire co. experiences the loss the fire co. would want to be made whole with the compensation.

Mr. Markey said this last meeting that Mr. Kyle was here, not everyone was here so he wants to clarify and we have it on record to stipulate. DGK misinformed the Borough as to how much the fire co.’s would be saving, how much the Borough would be saving and he knows that happened at a fireman’s relief meeting on Sunday and Mr. Markey was blamed for the whole thing. Mr. Markey asked why he was getting blamed at a fireman’s relief meeting. Mr. Rood said he was not blamed; your name was brought up because you were a part of the negotiations being in insurance, and you did not get the blame.

 Council went into executive session at 8:16 pm

Council reconvened at 8:54 pm

Letter of Resignation:

Mr. Napoli read aloud a letter from Dominic Calzola – To Chief Arthur, Mayor Smallacoombe and members of Jermyn Borough council. Formal resignation of full time patrolman for the Jermyn Police Dept. and Code Enforcement officer, he would like to remain part time status for the police department. Officer Calzola thanked council. Mr. Napoli regrettably made a motion to accept Dominic’s Calzola’s resignation for full time position with a stipulation he remains a part time officer and also resignation of code enforcement officer, seconded by Mr. Markey. All in favor; motion carried. Accepted with regret.

Letters of Interest: Mrs. Wilson made a motion to accept letters of intent or applications for the appointed positions of police chief, borough engineer, zoning officer, fire chief, code enforcement officer, LST collection and solicitor for the 2018 year. They should be received in the office by December 31, 2017, seconded by Mr. Markey. All in favor; motion carried.

Mr. Kulick said for the next meeting in December he would like all of council to look at some of the ordinances that require fines and also to look at the rental unit ordinance so we can review those for next year.

A motion was made by Mr. Napoli and seconded by Mrs. Wilson to adjourn the meeting at 9:00 pm. All in favor; motion carried.

Minutes 11-2-17

Jermyn Borough

Council Minutes November 2, 2017

The Jermyn Borough Council held a council meeting on November 2, 2017 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.

On roll call present were: Robert Parks, John Mark, Dan Markey, Kevin Napoli, Joseph Smith and JoAnne Wilson. Also present were Mayor Smallacombe and Bob Chase. Absent were: Frank Kulick, Atty. Moran, KBA, Ray Rood and Evan Samuelsen.

Mr. Smith asked everyone to remain standing for a moment of silence for our former Police Chief Daniel Zellers.

MINUTES:A motion was made by Mr. Napoli and seconded by Mr. Parks to accept the October 19,  2017; all in favor, motion carried.

Insurance Renewal:Jeff Kyle from DGK Insurance was present at the meeting. He gave council an outline for the upcoming year. Mr. Kyle also listed a couple coverages council may want to consider. On the property coverage, the building and contents coverage are location specific. In order to have coverage for any particular structure it has to be location listed and identified by the structure. Mr. Kyle said he tries to do each year is make sure nothing has been added, especially down at the park since last year. All the values were increased, building costs inflation factor that the carrier uses is 4%. All the building and contents coverages are replacement costs. Mr. Kyle said he recommends to all municipalities, if something happens the easiest thing to do is to call us and we can discuss and decide how it can be addressed, rather than making assumptions. He suggested someone from council and our road crew can go through the list of equipment to make sure everything is on there. Mr. Smith said for the purpose of the audience here, we have a wood chipper and the limit on that is $9,400, that is what the insurance co. is saying this piece of equipment is worth. Mr. Kyle said no that is what we are going to charge you for, that is the limit on it. If it were to be totaled and let’s say that it is only worth $7,000, which is what we are going to be paid. If it were to be worth $12,000 and all you are going to get is the limit, that’s why we have to make sure we have our values correct, it is the way the coverage form works.

The operations liability covers the Borough, all employees and any elected or appointed officials or acting in a capacity on behalf of the Borough and it does cover volunteers for example, the historical committee or park and recreation people who come and help clean up the park. If they injure a 3rd party of cause damage while volunteering to help, they are afforded protection under our policy. If they are injured they cannot go to workman’s comp.

Mr. Kyle asked if they wanted to talk about the fire companies involving the Borough. Mr. Rood was not present at the meeting. Mr. Kyle said it actually is more beneficial for the fire co. to leave the coverage physical damage and liability by themselves. He provided an outline stating the premium difference. The advantage to the fire co. is that they get some specialized coverages that are only available under their policy to the fire and Ems services. Example, right now Artisan liability coverage is on ours, Crystal took theirs off. If the Borough wants to pay the auto liability part, then it’s on the fire co policies, we can bill the Borough for that part of the premium. Right now, we are paying for Artisan liability; there are two vehicles on there. We can save $200 by putting it on their policy and we can be billed for that part of the premium. Mr. Markey said we got all figures last year to include the fire co. we voted to go ahead and put the physical damage on our backs as well, the fire co.’s came in and said we didn’t want you to do this and we never authorized you to do this. Mr. Markey said there must have been a miscommunication we thought there would be a substantial cost savings; they said no we are changing it back. Artisan changed it back to the way it was before, they had the physical damage and we had the liability. Crystal fire co went and took everything back and now they are complaining they want us to handle the liability. Mr. Markey told Ray he has to get in touch with Mr. Kyle. We aren’t getting into this again unless we have permission from the fire co. Mr. Kyle said we can work anyway. For the Borough’s sake if we are going to pay the premium it’s beneficial to put it on their policy and we can just bill you for it. Mr. Markey said they went and took it off, Artisan was smart enough to keep theirs on and Crystal took theirs off. Mr. Markey said if he recalls correctly it was without a vote from the body.  Mr. Kyle said he will not make any changes unless the Borough and Fire co.’s say so.

Mr. Mark asked if it’s better for the Artisan’s to have it on their own? Mr. Kyle said yes. Mr. Smith said and they would be getting better benefits. Mr. Kyle said yes because they would be getting broader coverage that they can’t get under a municipality. Mr. Chase asked if you can pay someone else’s policy. Mr. Kyle said yes. Mr. Smith asked if the Borough did pick up the Artisan and Crystals policies, they can be billed separately. Mr. Kyle said yes. Mr. Mark asked if it would be possible for Mr. Kyle to come and meet with people from council and from each of the fire co. to discuss this. Mr. Kyle said yes. Mr. Mark said so each company is aware. Mr. Markey said we can change it at any time. Mr. Chase said if we are making any changes to our policy, he has to bring it up at the fire co. meeting. Mr. Chase said if somebody is paying insurance for your vehicle they can say well we don’t want you to drive the firetruck. Mr. Mark said it has happened before when people that had DUI’s, they weren’t allowed to drive. Mr. Markey said people with DUI’s shouldn’t be allowed to drive a firetruck. Mr. Chase said he is saying in house we are going to stop that but to have someone else come in and say none of you are driving until you do something with this guy, we are a private entity. Mr. Kyle said since they have you under their liability policy, they can do that anyway because it would affect their overall premium.

Mr. Markey said on page 14 this is what our policy looks like right now, Crystal fire co. is not on our policy at all. If artisans go to a meeting and say, this will be more beneficial for the Borough and the fire co to put it on our policy and have them pay for it then after they vote on it and we can vote on it. If both parties agree we can make the change. As of right now, we were approached by the fire chief, he didn’t ask us to put the liability back on, he asked us to increase our contribution to the fire co. because they took the liability off, they did that to themselves. That wasn’t going back to the way it was. They went back to the way it was and also took the liability back; we never told them to do that. They just went and did it. Mr. Mark said it may have been a misunderstanding. Mr. Smith said this is an in house issue that has to be addressed in house. This will have further discussion; we talked a lot about this last year in our Finance meeting. We will take what you said under advisement and there is some work we have to do within our Borough.

Mr. Smith said anyone that is actively involved in the Borough would need the criminal background check? Mr. Kyle said any function that is associated with the Borough, whether they are doing it as an employee or helping with the Borough. Mr. Kyle said that any businesses or organizations that are using our facilities, we should be securing proof of liability insurance and they name the Borough as additional insured. Any of the leagues, scouts, churches. They have to have liability coverage and name the Borough as additionally insured. Also any contractor we hire to work for the Borough. Also anyone we are renting the facilities to use. Mr. Mark asked about the use for the gym. Mr. Kyle said if its people in the community that’s what it’s all about, if we allow organized leagues to use the gym. Mr. Markey said Lakeland Youth Basketball; they have their own insurance they have to name us as additional insured. Mr. Mark said what about renting the gym for a fee and play basketball. Mr. Kyle that’s what we carry our insurance for. We aren’t going to pose it upon the community, it is strictly organizations and businesses coming to use our facilities, they have to have liability insurance and we want to be sure it’s set up if something happens.

Mayor Smallacombe asked about the aircraft and drone section. Mr. Kyle said under any commercial liability policy there is an exclusion for aircraft. On the commercial liability policy, a drone is considered an aircraft. He has some municipalities who have drones, we have to go out and secure specialized coverage for that, liability coverage. Mr. Kyle thanked council for continued service.

Pension:Mr. Smith said he was not at the last meeting and it was brought up in executive session. Mr. Napoli said it still needs to be discussed, especially during the finance meeting.

Paper Streets:Mr. Mark said the Borough owns the paper streets, shouldn’t we just keep it as Jermyn Borough. Mr. Napoli said we can’t do that with the easements. They are trying to decide what to do. Mayor said the Borough can keep them or split it. Mr. Napoli said our solicitor said he was looking into it.

MS4 Permit Ordinance:Mr. Markey said we are waiting for the solicitor for that.

Sewer Maps:Sewer Maps were given to DPW.

Water Issue:Mr. Markey said Tony Grizzanti from KBA is going to go over and look. Mr. Smith asked about Robert Hunt’s property. Mr. Markey said he has not heard of any complaints.

Public Comment:Donna Stackel said she is here on behalf of the Christmas Concert and Mrs. Mcmyne. Every Sunday night we have an issue of getting into the back door, which happened this Sunday night. She asked if they can have a key from Sunday night until the end of the concert and be returned to the council, we would appreciate it very much because we have an issue every Sunday night and its getting a little tiresome. We would like to know if we can possibly have a key and return it safely. Mr. Smith said the only problem he sees with that is once you grant that request to one organization how many other organizations are going to make the same request and that presents a serious problem for the Borough because once again we are giving out keys, as trustworthy as you are, people in the past people have made their own keys and we had no idea who had keys. Donna Stackel said that is not going to happen. Mr. Napoli asked what time they are there on Sunday Night. They are there at 6pm every Sunday. Mrs. Wilson said they start coming at 5:45pm. Mr. Napoli said he will ask the police to unlock the door at 5:30 and they can contact them when they are done to lock up. He will talk to the police department.

Lou Demarco– Said he has couple questions with the reassessment we are pushing hard for. Is this a mechanism to raise taxes for services we cannot afford now? What is the main purpose, for the Borough of our size to be pushing for it, what’s the main reason? What is the motive behind this reassessment? Mr. Markey said the reassessment itself, as far as the council, we approved on a 5-2 vote a few months ago to pass a resolution for the reassessment to send to the County. Lou Demarco asked why because it’s unconstitutional or we need more money to run the Borough, we sold the garage, what’s the cost to build a new one, what is going to happen to the old siren. Mr. Markey said to be in fair council isn’t questioning the purchase of the globe store. Mr. Markey said this isn’t the venue to bring this up if you want to talk to specific council members who are pushing for this. Mayor said when Commissioner Cummings was here, that question was asked and Mr. Kulick’s answer was for fairness.

Lou Demarco asked what happens to the siren in 5 years, is the money from the sale of the garage going to be set aside to address that concern at that time. Mr. Markey said the finance committee has to meet. Lou asked what the cost is to build the garage and where are we building it. Mr. Markey said the preliminary costs are going to be right around $150,000. We are building on land we already own. Lou asked where? Mr. Markey said right next to the Borough building. Lou asked if it was allowed based on zoning. Mr. Mark said it was not allowed the last time they were going to build here. Mr. Chase asked in what aspect? He went through the book and couldn’t find anything. Mr. Mark said because of the parking. Mr. Chase said it doesn’t take away from the parking spots. Mr. Parks said it is going to be on the grass. Mr. Napoli said it is going to add spots. Mr. Mark said the last time this was brought up and this was many years ago there were issues. Mayor said there weren’t enough parking spaces even when they put the salt shed here, there was supposed to be 32 parking spaces and that was not enough. It was based on the floor space. Mr. Mark said that salt shed, when you go look in the minutes he was the person that made the motion for that, that salt shed was supposed to be in the far back left corner and Joe when they came here to do it, Joe Esgro said to put it there because it took up a lot of space. Mr. Markey said if and when the new building goes in there is going to be parking spaces created in addition on the side and in the back of salt shed, the DPW won’t be storing equipment anymore. Mr. Chase said your saying you didn’t build it because it was taking away parking spaces. Mr. Mark said they wanted to put a garage here before they had the Crystal building, they wanted to take the gym and turn it into a garage and then they talked about putting a free standing building and both would take away from parking, it was an issue and we couldn’t do it because of the parking, especially if you wanted to develop a 2nd floor here, there wasn’t enough parking. Whatever our rules are for what you need for parking we would not meet them ourselves as a Borough. Mr. Chase you can’t go back and make a preexisting building add parking spaces. Mr. Chase said its adding parking spaces. Mayor said it’s not going to add. The plan that is set up for the building now is for 32 parking spaces, which includes behind the salt shed, it’s already in the plan. Mr. Chase asked if it includes the patch of grass. Mr. Mark said he believes it includes that. Mr. Chase said this building is already accounted for, for its square footage you can’t go back and change it. Mr. Smith said there is a lot of preliminary work that has to be done yet, it’s a vision. Lou said we are planning on spending $150,000 on something; we are pushing for reassessment, $150,000 that is 20% of the operating budget, $18,000 a year for 10 years. Mr. Markey asked where does the 10 years come from. Mr. Markey said we intend on borrowing from the USDA, for DPW buildings, they give out loans up to 40 years, not saying we would want to do it for 40 years. Lou asked if we can afford this building without pushing us into a taxation, it seems ironic you are pushing so hard for reassessment and we are building a new building. We have a creek project coming up, the siren. If that guy in 5 years says take the siren down, what do we do. Mr. Mark said he voted against the motion, with reassessment you cannot raise any taxes, whatever Jermyn’s tax base is now, that is what it will be after reassessment, our millage rates will go down and that’s where the benefit comes into the Borough because we are at the top of millage.

Mr. Mark said if reassessment goes through our millage will come down but the assessed value goes through the roof. What happens is, is that you are not allowed to raise taxes for 5 years. Mr. Smith said his personal opinion; he doesn’t think anyone really knows what is going to happen with this whole thing. In the area of fairness that Mr. Kulick spoke about, what are our property values now? Mr. Smith said we do not know exactly where money is coming from right now for next year’s budget; we have initially started off as the Finance Committee just getting a meeting together and right now each chairperson is working on developing their own budget. Our next meeting we ae going to bring those budgets to one another to discuss them and that is where a lot of the debates take place and until we see everyone coming in with their wish lists we do not know what we are looking at right now. We also know that every year that he has been on council, the costs have always gone up and they are probably going to go up again. Mr. Smith said the job that the finance committee has is a pretty big job and he thinks last year as we worked on the budget after many hours of discussion he would always hope that it was in the best interest of the Jermyn residents. Mr. Markey and Mrs. Wilson are also on the Finance Committee and we have to continue to operate that way. Mr. Smith told Lou he cannot give him a concrete answer on what next year may look at, 5 years and 10 years and he presented an interesting case about the siren. We do have 5 years grace period with the siren, which may have to be dealt with in the future. There are a number of things that you addressed that I cannot give you a direct answer to and council cannot give a direct answer to. There are some members of council who are against the reassessment, some that are for it and some that want to see where it goes and what happens. Mr. Smith said he does not want to see our property taxes go way up, even if your assessments go up and we get extra money, he does not think council will want to raise the taxes. Everything that has been done so far it has been done with making Jermyn better. Mr. Napoli said as a member who voted for sending that resolution, he wanted fairness and has no intentions of using that to raise taxes for the residents of Jermyn. Mr. Napoli said we managed to do roadways and other good things for the town as well as lowering taxes, our job here and we have proven that we are going to do what we can without trying to raise taxes and second about the fire siren, he plans on within 1 year is meeting with Mr. Chase, Mr. Rood and Mr. Allen on seeing what can be done and can be extended. We are going to try and have a plan on what needs and could be done with the fire siren. Mr. Chase said we are already working on it.

Mr. Mark said with today’s technology everyone has beepers and everything else, do we need a siren? Mr. Napoli said we do need a siren for public safety in case of a natural disaster. It is not necessary for the fire departments. Mrs. Wilson said it is emergency management. Lou said it seems like we are faced with a lot of unknown, the flood project, building a building and the uncertainty of increases across the board with insurance, payroll, fuel etc. Mr. Mark said our income that we bring in is it drastically under than what our expenses are. Mr. Smith said at one time it was which we brought up a number of times but not now it is not. Lou asked with these new ordinances are we seeing an increase in revenue. Council said yes.

Mr. Markey said because of the new development our assessed value has gone up 9% since 2000, our budget expenditures has gone up by 45%. You are in a Borough where you have 30-35% of the population paying into the local income tax. He does not know how that is across the board with other Borough’s in the County but he is thinking it is probably a little low. It is nothing against the retired citizens. We are trying to do a lot with a little and as long as we can and as far as we can we will go to do that. Eventually there will have to be some tax increases or some shared services to cut down on expenses. It is public knowledge what our workers make. We do not have Jessup money; we don’t have Dickson City money. There are several monies put aside for entitlement communities like Scranton and Dunmore for the grants. Then there are non-entitlement communities like Jermyn and Mayfield, they have to go and fight after the left over money. 80% goes to entitlements communities and 20% gets spread out between the 17 Borough’s and 20 townships. Mr. Markey said it is backwards.

Basil Kleha said Lou is a great resident in town; we are all great people in this town. This town is 1 square mile, we are landlocked. There is no money in this town. It’s how you run the town with no money. Anyone that runs on council in this town, he always said to himself he gives them credit. He said he would not want to be sitting up there. Mr. Kleha said he gives them all credit, they devote their time, they don’t get paid, the Mayor gets a salary and it always went back to the Borough. Mr. Kleha said he was at the reassessment meeting in Dickson City the other night. He gives Commissioner Cummings a lot of credit for what she is doing, coming out and explaining to people what she is doing. He said he learned a lot about her, she is a smart and caring woman. They said at that meeting that night they are salaried employees and they do not get extra money for coming out, the solicitor and CFO. Her colleagues will not come out, she comes out to the meetings and they gave her the Ok to come out on her own and they tailed her. Her colleagues wanted to pay $10,000 of tax payer’s money to pay solicitors to come out and do what the solicitor and CFO are doing. Mr. Kleha said we have to put pressure on Senator Blake and as far as this creek that is Federal.

Mr. Smith thanked everyone for the discussion.

New Business:Mrs. Wilson provided council with a tax collection committee minutes and treasurer’s report.

November 11, 2017 at 11AM the Veterans Day Ceremony will start. Our speaker this year is Mr. Stachura. There will be a light lunch after at the Episcopal Church. We will need Bridge St. closed from 10:30am to 12:30pm. Usually the fire police are there helping out the police.

A motion was made by Mr. Markey and seconded by Mr. Napoli to close Bridge St. on November 11, 2017 from 10:30 am to 12:30pm for the Veterans Day Ceremony. All in favor; motion carried.

Mr. Markey said the John Deere service rep. was here this week for the backhoe, we had problems with it and he had to rip out the wiring harness. He recommends to sell it before it costs us even more down the road, this wiring harness goes and it’s going to cost $5,000-$6,000 to repair. Mr. Markey said he will bring this up in the Finance meeting too and suggested the possibility of leasing a backhoe rather than purchasing one so we aren’t stuck with old equipment. Mr. Mark said it was bought through a grant; it was bought in Syracuse NY and was several years old when we bought it brand new, it was never sold. Mr. Markey said we can look into possible grant funding too. Mr. Mark said we may be able to get a grant to replace it and then sell it.

Mayor wants to remind everyone that the alternate parking ordinance is in effect. It is ready to be put into effect if we get any snow.

Mayor wants to send condolences out to our former Police Chief Daniel Zeller’s family.

The Historical Society had their open house; it was a very nice event. Mayor said they had a lot of new people come in.

Sunday November 12 at 7pm at the Borough Building they will be planning the 150th anniversary celebration of our town to those who would like to attend. The sesquicentennial is only two years away now.

A motion was made by Mr. Napoli and seconded by Mr. Parks to adjourn the meeting at 8:46 pm. All in favor; motion carried.


Minutes 10-19-17

Jermyn Borough

Council Minutes

October 19, 2017

The Jermyn Borough Council held a council meeting on October 19, 2017 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, Robert Parks, Dan Markey and Kevin Napoli Also present were Atty. Moran, Evan Samuelson, Ray Rood and Bob Chase. Absent were; Mayor Smallacombe, Joseph Smith, JoAnne Wilson, John Mark, KBA.

Mr. Kulick asked everyone to remain standing for a moment of silence for Cathy Nicholls.

 MINUTES: A motion was made by Mr. Markey to accept the October 5, 2017 minutes and seconded by Mr. Napoli; all in favor, motion carried. A motion was made by Mr. Napoli to add the email from DEP into the October 5, 2017 meeting minutes, seconded by Mr. Parks. All in favor; motion carried. Mr. Kulick said DEP has sent an email correcting what was said in last meeting when they stated we would be “shovel ready” in 2019. It is now changed to 2022.

25 Years of Service:Mr. Markey- DPW Chairman presented Joseph Esgro with a plaque for 25 years of service for Jermyn Borough Department of Public Works. Council thanked him for 25 years of loyal service to the Borough of Jermyn.

TREASURER’S REPORT:General Fund $155,463.61, Recycling $4,137.10; Refuse $99,409.55, Investment Liquid Fuels $78,191.35. Disbursements from September 22, 2017 to October 19, 2017, $77,593.82. Deposits $37,660.52. A motion was made by Mr. Napoli and seconded by Mr. Parks to accept the finance report. All in favor; motion carried. Mr. Parks asked if we are receiving payments from the garbage company for recycling. Borough Secretary said we have received two checks so far.

PUBLIC COMMENT:Ray Rood asked if we ever heard back from the federal representatives in regards to the last meeting. Mr. Kulick said he spoke to Larry West and he reached out to Mr. Casey and Mr. Cartwright and he has not heard back yet. Mr. Kulick said Larry West plans on coming to our November 2, 2017 meeting.

Basil Kleha said he noticed the job done by the DPW on the corner of Bacon and Madison. It is very nice.

Insurance Renewal:Jeff Kyle from DGK will be at our next meeting on November 2, 2017.

Pension:Mr. Kulick said we will have to table this until Mr. Smith is here. Mr. Markey said Mr. Smith wanted to talk to our solicitor about this in executive session and Mr. Markey will ask for executive session tonight later in the meeting because budget time is coming up.

Paper Streets on Rushbrook:Atty. Moran said this was an issue that was open when he took over and Mr. Nicholls had explained it to him. There are parcels that the state identified as necessary for us to acquire easements but they are unidentified. Atty. Moran said he needs a better description on the area, if we have to have it surveyed we will have it surveyed. He reached out to the DGS attorney and she will get back to him. He said Atty. Nicholls wasn’t sure either and he said we need a better understanding on where these paper streets are so we can identify them.

Fire Report:Mr. Rood said Tony and Joe helped them out fixing the wire for the Artisan Fire siren. They went out in the bucket truck and it is now working again. Mr. Rood said the Captain of the fire police gave Mr. Rood information about a basic fire police class that he wants to hold. He said it is hard getting a class. It is a $350 fee and it could come from the fireman’s relief or the municipality. Mr. Rood said maybe next year in the 2018 budget for the fire police it can come out of that budget. It is a 16 hour class. The instructor said it is a good class for fire chief, firefighters, mayor, council and supervisors attend as well. Mr. Rood said if any members of council or mayor would want to attend. It is a weekend class and we can possibly have it in two Sunday’s. Mr. Rood said he will also bring this up at the fireman’s relief meeting. Mr. Napoli questioned what the fee includes and what members. Mr. Rood said he will have to ask. Mr. Napoli said he will take the lead on this and contact the fire police captain and go over what it would be and include for that amount.

Our two fire companies got two new gas meters from Fireman’s Relief. Mr. Rood said we have the same type now and are on the same page.

Zoning:Mr. Chase said he has received a lot of permit applications. He does not think he received one permit this year that was complete. It’s the drawing; people draw a picture of their house. He needs a plot plan. He said he explains to them what he needs and he just gets a drawing instead of a plot plan. He has several people that are putting sheds without any permits. The police chief called him on one. He called the person, took care of it immediately. He has had several calls in the past 3 days with people with sheds and decks without permits. The corner of Madison and Franklin, he stopped one time and spoke to the owner. He has a shed two feet from the sidewalk. He tried to explain to the owner the rules. He said the conversation wasn’t going anywhere. Mr. Chase is going to write the owner a letter. Mr. Napoli said to let him know or the police chief if he plans on going over there.

Mr. Chase spoke to NEIC about the house that is going to be demolished on Washington.

Code Enforcement:Mr. Kulick said he spoke to the code enforcement officer and he had nothing to report today.

DPW:Mr. Markey said as everyone knows the street light in town was out for a little bit and we had to go procure some emergency stop sign equipment. Tony and Joe did a great job putting that together quickly for us. It was mentioned we should put the invoice in for a claim to the insured insurance company. Mr. Markey said we are having some problems with our equipment. The tailgate on the 2002 fell off; we are also having issues with the bucket truck and the backhoe. Tony Fuga said there is no hope replacing the tailgate it has rotted. He said with the backhoe we are starting to have issues, it is an older machine. Mr. Parks said when it was requested to be replaced, it should have been replaced and we wouldn’t be in the position we are now. Tony Fuga said we should keep turning over our stuff before we start putting money into our older equipment. Mr. Rood asked what happened to the grant for the truck. Mr. Markey said we applied, it probably won’t be awarded until January and funds wouldn’t be released until March.

Mr. Markey said he is finishing up estimates on the new DPW building.

Trunk or Treat will be on October 26, 2017 from 6:30 to 8:30 at the Artisan Parking lot.

Other:Mr. Kulick read a letter from Randy Parry. Lakeland Youth Basketball will be entering a team into a league at the Throop Civic Center, we can host games at our gym if we did it will be two games on  a Sunday night at 6 and 7, it will be our team and another team. Mr. Parry asked if council will be ok with that. Mr. Markey said it is not council’s decision it is recreations decision. Anne Boylan asked what the dates are because they will start rehearsing on the stage for Christmas concert on Sunday evenings and it’s usually from 6 until 8. Mr. Markey said the season itself for LYB doesn’t start until after the New Year, so it shouldn’t be a problem. Mr. Napoli said as long as it coincides with their league youth it should be afterwards. Mr. Markey said they will make sure they will not schedule any basketball practices on Sunday after 5pm.

Mr. Markey said he has a letter he wants to read from Dave Lamareux from KBA, he is working on all of our MS4 permits and progress reports. Some of the storm water issues remain unresolved such as the passage of an ordinance which the Borough is working on, Jermyn Borough is attempting to comply with all the requirements for its MS4 permit. Dave is working on the 2016-2017 report and some information is expected to change for that period. Mr. Markey said there is information about the MS4 in the packet as it regards to Jermyn Borough on everything, an employee training plan and some type of ordinance we have to pass as well. Mr. Markey asked Atty. Moran if he wants a copy. Atty. Moran said he can have the ordinance for next meeting.

Mr. Markey said the other thing he has, has to do with the secretary about the property that was sold to her prior to becoming the secretary. They had some issues with their sewer in the past. The sewer line broke and they paid to get it fixed, it’s on their property but it’s on the Borough right of way. Where the property is, there was a question of ownership as to whether the Borough has ownership there or whether the property owner has ownership. Mr. Frankosky, contacted Mr. Markey, they went over there about a week ago and went over to check it out. Mr. Markey made some calls to Rock Bottom and KBA. Rock Bottom said that they would be over to check it out and KBA said they would have maps for next meeting as to where everything is at and what sewer systems are owned by Jermyn Borough. There is still an outstanding question of ownership. Mr. Napoli said we have to get KBA and Rock Bottom to go over and see if it’s our responsibility or the homeowners. Tony Fuga said we also need the maps. We don’t know where anything is down there. Tony Fuga said we also need maps for the Woodlands.

Mr. Kulick said it has been asked about switching our refuse account to First National Bank. Atty. Moran said we would need bids. We already have accounts with them. Mr. Napoli questioned if we could collect interest on our refuse account since it’s a fee that is collected. Atty. Moran said he would look into that.

The Historical Society will have their open house on October 22, 2017 from 1-5pm. At the United Methodist Church parsonage.

Mr. Kulick said one of the bills we voted to pay is a class for the tax collector for $50. The class is in November. Atty. Moran asked if it’s before November 7. Mr. Kulick said no it’s for credits for next year. Atty. Moran said she is still the class tax collector. Mr. Parks asked if it is for the current tax collector. Mr. Kulick said yes.

Mr. Kulick said Wednesday night October 25 at 7pm we are going to have a sponsored by the Jermyn PA is awesome Facebook page “Meet the Candidates” night. All 7 candidates were asked to come and give a 15 minute max presentation of their qualifications and ideas on the position they are seeking. This is not a debate and no questions from the audience. So far 5 confirmed out of the 7 candidates that will be here.

Holiday Lights Presentation:Mr. Markey we are not doing this necessarily as council but as members of the community. Two and a half years ago, Mr. Markey started a community Facebook page called Jermyn Pa Is Awesome and Mr. Kulick had a great marketing idea last year to start selling Jermyn PA is awesome mugs and then built on that and Mr. Markey, Mr. Napoli and Mr. Kulick as members of the community, they expanded on that and started selling t-shirts, sweatshirts that said Straight out of Jermyn. They decided that all the proceeds would go towards new holiday lights in town. What we did was, after we got enough we went back onto the Jermyn PA is awesome Facebook page and we let all the members vote on what light we were going to buy.

Mr. Markey presented the 7ft tall Holiday hat tipping snowman. Mr. Markey said we wanted to present it to the chairperson of the holiday lights committee, Mr. Tony Fuga. Mr. Kulick asked how much it costs. Mr. Markey said about $750.

 Anne Boylan said she was one of the original holiday lights committee person along with Mr. Parks. She has been getting calls from some of the former members as to what is going on because we usually have a meeting in October to discuss if we have to update the wreaths etc. She heard about the snowman and she told Tony that she thinks we should have a reorganization meeting because some of the original members are not with us anymore; some are older and want no part of it. She suggested a reorganizational meeting and she has the files on the poles that were used and the contacts with PPL and letters that were wrote, we were not sponsored by Jermyn. It was strictly a holiday lights committee; we did an envelope drive, pancake breakfast and fundraisers. Mr. Markey said that’s why he wanted to clarify we acted independently. Anne said there are people that would interested in staying involved and she’s not sure how we want to do this, not everyone reads Facebook. We might be able to get a lot more people interested and a lot more workers. Anne said even if we don’t want to use all the same we can have something like this along with the wreaths. There are people that are interested in updating the lights, she suggested to call a meeting and let’s see what we can do.

Public Comment:Charles Beth 518 Jefferson- said he has been there for 20 years, his property is right in the middle of the block on the low spot on both side coming down the back alley. He has never had a problem. We had a snowstorm last year and the alley was blocked and the snow was plowed right by his house. He said he spoke to the Borough Engineer. He has walked that alley and when it was plowed the contour must have been changed. The old fire house drains all into the alley, down the slope; there is no other place for it to go. Coming from the other way there is water coming down that was never there before. Mr. Beth said he has dug a ditch to drain the alley into his side yard and when it rains he gets 8-10 inches of water on his side yard on both sides of his garage because he is draining the alley into his property because it has no place to go. When he walks up there during a rain storm the back of the old fire house is now draining into the back of the alley, you can see it running into the alley. Coming the other way you can see the water coming down from up above. Whether the people have regraded or the plow of the alley has changed the contours. His blacktop has sunk 6 inches. His two side yards are dropping, actually sinking down. He said the person who bought the old fire house was digging was running the drains right out to the alley now his water is running down to his property. His whole roof is draining into the alley. Atty. Moran asked if there is something in the ordinance about storm water management. Mr. Chase said there might be something in there stating you cannot divert it to an adjoining property. Atty. Moran said we should ask the code enforcement officer to look at the zoning ordinance and see if any aspect of the zoning ordinance that deals with storm water management is being violated and if so deal with it as a code enforcement issue. We need to get the Borough’s engineer and see. Mr. Kulick said we will make sure the Borough engineer goes over there and see what is going on.

Council went into executive session at 8:14 p.m. for personnel reasons

Council reconvened at 8:45 p.m.

A motion was made by Mr. Napoli and seconded by Mr. Markey to adjourn the meeting at 8:45 p.m. All in favor; motion carried.

Minutes 7-6-17

Jermyn Borough

Council Minutes

July 6, 2017

The Jermyn Borough Council held a council meeting on July 6, 2017 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, Dan Markey, Kevin Napoli, Joseph Smith and JoAnne Wilson. Also present were Mayor Smallacombe, Ray Rood and Atty. Christopher Harrison. Absent were; John Mark, Robert Parks, Robert Chase, Evan Samuelsen & KBA.

 MINUTES:A motion was made by Mr. Markey to accept the June 15, 2017 minutes, seconded by Mr. Napoli; all in favor, motion carried.

Siren:New owner of the DPW building dropped off a key to the building so the Fire Chief and Police are able to access the siren if needed.

Letter from Randy Parry:Mr. Kulick read aloud a letter from Mr. Parry. His concern is that the gym doors are locked and people do not have free access to the gymnasium also the $20/per hour gym usage fee. Mr. Kulick said this came about because Mr. Perry thinks the gym should be open when the police or Borough secretary is here. Mr. Kulick said neither one of them are babysitters. There is a difference between a gymnasium in a building where things can be damaged and an outdoor park. Mayor Smallacombe said there is an outdoor court where kids can play at the park. There were different things on the stage that were damaged that we do not have over at the field. Items on the stage and the piano were vandalized. Mrs. Wilson said also the doors were vandalized. Mayor said the heater on the stage comes on and off. Mr. Markey said he understands his point but a lot of these things are apples and oranges. In the letter the Joe Terry Civic Center was mentioned as being accessible throughout the day with no charge and no permission to access. Mr. Markey said how many people can walk to the Joe Terry; you have to go there with the intent to play basketball. The people that have caused this vandalism were just walking by and saw the old gym doors ajar a little bit and caused more damage. Mr. Markey said this wasn’t necessarily meant to be a full time forever thing. He asked the Chief if Mike Shea ever came to look at the cameras. He has not. They are supposed to be changing over the cameras in the gym to a motion sensor.

Mayor Smallacombe said he does not think kids have ever been charged to use the gym; they always have been able to play for free. If adults want to rent the gym they can rent the gym and pay. He said as far as the Events Committee and Christmas Show paying rent, they offered. It was always the recreations Christmas show in the past. Mr. Markey said in the recreations committee bylaws it says no organization in town is charged for use of renting the gym. Mayor said no one should be charged if you are a part of the Borough. Mr. Markey said he also mentioned the use the outdoor court but someone pointed out that a lot of times other teenagers are over there that do not want the younger kids playing there so that is why the younger kids come here. Mr. Markey said he personally does not care but he is sick of the damage and vandalism but if we get everything out of the gym that can be vandalized then he does not care. Also, if we can find a way to lock up the piano. Mrs. Wilson said when the Events Committee has the free summer concert, we ask the Recreation for approval to let them know we want to use it and we ask the baseball people if we can have the key. They have to give us approval to get into that stand. She said she never went to recreation for the keys; it was always the baseball league. Mr. Markey said recreation has nothing to do with the gazebo. Mayor said it was brought up one time if people wanted to rent out the pavilion they would have to fill out a form. Mayor said he cannot see young kids coming in 8 or 9 years old, closed doors behind them you would never know if they would get hurt. Mrs. Wilson said she likes to see the kids active and to see them play basketball and baseball. Mrs. Wilson said if they abide by the rules, they come in let you know they are there and when they leave they come in and say lock the door. She cannot see them not playing basketball during the day. Mayor said last time there was a group playing here they were teenagers and he happened to walk in and he did not know any of them. He asked who they were, there were 6 or 7 kids and only one was from Jermyn.

Mr. Markey said right now he does not think it is good to lock the gym all day long, especially during the summer. Mr. Kulick said why don’t we consider next year to find some money in the budget to hire a couple of college kids for 6 hours a day, have a summer program. It wouldn’t be strictly for basketball but for other activities as well. Maybe 30 hours a week and split it up amongst two kids. Mrs. Wilson said maybe we can get the County to help. Mr. Kulick said he would be surprised how many kids would actually come. Mr. Smith said he believes kids should go in the gym for free. They are Jermyn kids and they have that right, we want them to develop physically and mentally. He likes the idea about sports and helping the kids as much as we can. If they are in there playing basketball, they are staying out of trouble. There has to be a responsible adult in there. Mr. Smith said one of his concerns is fights or if someone gets hurt. There is a liability we have to be prepared for. As long as there is a responsible adult in the gym to handle any problems that may come up and they understand their roles, let’s open the gym up for them in the summer. Mr. Smith said he feels the kids should play in the gym for free as long as there is a responsible adult with them. Mr. Markey said we should appoint Randy to be in charge of the gym, if he wants to be responsible for gym then let him be responsible for the gym. They should call in advance to see if someone is here to let them in the gym. Mr. Markey said this comes up on Facebook and we have people coming out of the woodwork volunteering to help. Mr. Kulick said we are on our second Crime Watch group and on the third recreation commission, it just doesn’t work. Mr. Markey said a lot of people talk and say they will help out until it comes time to help out then how many people do you really have. For those of you who haven’t showed up to a council meeting, it’s the same maybe 5 percent of people in town, who do everything and those people get burned out and cannot do it anymore.

Mayor said we have a hard time getting people to water the flowers. It is the same people all the time. Mrs. Wilson asked if we were going to answer Mr. Parry by letter. Mr. Kulick said no he addressed him and he will contact him. Mr. Markey said the other problem is that we changed over to the combination locks because everyone gets keys cut to the gym and then they give the keys to their kids. The same thing happened to the combination. The kids know the combination. Mayor said his concerns is now you have the baskets you can lower, the bigger kids lower the baskets, pretty soon they are going to damage the rims. They are there for the younger kids to play on. Mr. Smith said we make a motion tonight that we have a responsible adult and we have a simplified form that the person is accepting the responsibility that someone is going to be in charge of these kids and we do not charge them. He likes Mr. Kulick’s idea of setting up a summer program next year. Mr. Smith said inside this building we have a lot of government offices and it is more accessible to people coming in and we have to protect what we have. Mrs. Wilson does not understand where he gets that the kids are being charged. Mr. Markey said we changed the code for the gym and we locked it down until we could get to the council meeting and talk about it because the last time he went in there, more people were trying to break into stuff. Until we can get it straightened out, we closed the gym. He said it was shut down and if they wanted to go in and play basketball they can have their parents fill out a form and rent the gym until we get it straightened out. It was only for 2 weeks but we had to put something into play, it was the best short term solution. Mr. Markey said we have to keep in mind that we are going to have this same discussion again in September because the kids are going to get the code and they are going to go in there without adults. Mr. Kulick said how are we going to know if they are in there with an adult. Mrs. Wilson said what do we consider an adult. Mr. Napoli said 18 or over. Mrs. Wilson said some of the 18 year olds are more irresponsible as the younger kids. Mr. Napoli said we should make up a form and they should have to come to the Borough secretary, whoever is assuming responsibility for the kids playing, they understand they are taking on the responsibility. Mr. Napoli made a motion to create a sign in sheet to be kept with Borough Secretary at no charge and with a responsible adult, seconded by Mr. Markey. All in favor; motion carried.

Shade Tree:Mr. Kulick said he is not anti-trees, the town looks beautiful and he loves the trees. He has researched the ordinance we have in place. We have a lot of good ordinances that no one pays attention to. Mrs. Wilson said they do when it is convenient for them. Mr. Kulick said under the Shade Tree ordinance, Shade Tree commission was established, the Shade Tree has responsibility for planting, maintaining and up keeping the trees. Mrs. Wilson said except for one sentence. Mrs. Wilson read aloud section “L” on the ordinance, the Borough will trim shade trees that obstruct street lights and the shade tree on the first page does not include trees growing naturally within the Borough right of way or planted by other than the Borough. Mrs. Wilson said that is where a lot of the problems are coming in. Mr. Kulick said when the Fire Chief comes to us or the Shade Tree and said that there is a problem with the line of sight, someone has to address it whether it is a tree that is planted by the Shade Tree or someone’s personal tree, it has to be addressed. Mrs. Wilson said we have been addressing that, we have had the trees from Bridge St. to Maple St. limbed up. She said she does not see a problem with the line of sight. We just had a problem at the daycare on Washington with the trees. Mrs. Wilson said she has seen some people pulling out of that area pulling out real fast; we have speeders in that area. They do not take the time to inch out a little with their children in the car and look instead of being in a hurry. Mrs. Wilson had the Shade Tree arborist go over there; the trees are now limbed up and cut back. If they have to be trimmed up more, they will be. They had a complaint and they addressed it.  Mrs. Wilson said on Old Mill Rd. in front of Newcomb’s, they did not plant those trees. We have not had complaints from car owners. Mr. Markey said when you go through with a fire truck you are scratching the fire truck.

Mr. Kulick asked if that is in the right of way. Mr. Markey said yes. Mr. Rood said if he planted them in the right of way, he should be responsible for cleaning them up and taking it down or he should be arrested for it. Mr. Rood said if you go down his street on Bacon when they park there for baseball games, the weeping willows that are down there, you would swipe the side of the firetruck. There is no parking on the one side so an emergency vehicle can get through. Mr. Rood said he noticed the other day now his car gets hit by the trees. Mr. Rood said the tree that is affecting his lines is coming down. Mrs. Wilson said from Kennedy’s to Lackawanna, some of them have to be topped. Mr. Markey said they will be topped. Mrs. Wilson said the 600 block of Jefferson and the 400-500 block of Jefferson, those trees 10 years ago, we told them when we did the inventory they are in his yard and we could not touch them but they are ready to fall over back then they were diseased. Mr. Markey asked who can’t touch them. Mr. Rood said they are on private property. Mrs. Wilson said we got grants for disastrous trees and we got them cut down. Mr. Markey asked if it is on private property. Mr. Markey said we need clear cut rules as to who needs to address the issues. Mrs. Wilson said it falls back on the Borough to a point, if we can get grants for these disastrous trees, we will remove them in front of Mullally’s but when you remove a tree you have to plant a tree; that is part of the grant. The trees we have planted are specifically approved. Mr. Markey said as chair of DPW the only thing he worries about is if we were to be cutting around power lines, if it were our responsibility to cut Mr. Rood’s tree, he does not feel comfortable from a liability and safety standpoint sending them out there without the proper training and certification. He is not saying we won’t do it but up until now he does not think there was ever a clear cut path as to what Shade Tree and the Borough and Private owner was responsible for. It probably always was in the ordinance it was just that no one ever read it. Mrs. Wilson said she knows what was in the ordinance but she came and asked on behalf of the shade tree but we need the trees topped before they get to the lines. She said we can call PPL, she was surprised they did not come out to do Mr. Rood’s tree.

Mr. Rood said his concern is that we have ordinance because of line of sight, you have to stay back 25ft with anything that is being built, but we do not have that ordinance for trees. Mrs. Wilson said the majority of them are 25ft from the corner. Mr. Rood said you might be 25ft. one way but not the other way. Mrs. Wilson said when they were approved by Penn Dot, they had the line of sights and all this other stuff and everything else and we had to abide by their rulings. We put in half of the trees that they had in their plan because when we started walking them she said no way, we put in half. Mr. Rood said Penn Dot does this for you and maybe you got grants to do this just like they gave you grant money for the sidewalks and lights, the town looks great but what is it costing you after they gave us the money; the maintenance. Mr. Rood said there was an ordinance years ago that the people in front for Main St. were supposed to cut their own grass and they would get fined if they did not. Now you are taking that money you are getting and using it to cut someone’s grass. Mrs. Wilson said we only cut certain blocks. Mr. Rood said the ordinance was for all the blocks. Mrs. Wilson said she does not think so. Mrs. Wilson said down beyond Bacon they have to do their own, except twice a year when there are parades in town. Mr. Rood said his concern is the ladder truck, it sits higher and when you come down Main and you get to Kennedy’s and you want to go to East Jermyn you cannot see anything coming down that hill. Mrs. Wilson said don’t we have fire police who should be out before you. Mr. Rood said they go to the corner and they are not there 24/7. Mrs. Wilson said to have a line of sight going over Bridge St. all the trees on the right hand side have to be cut down. Mr. Rood said he does not need a line of sight in the middle of the road he is talking about down by Kennedy’s he cannot see if someone is coming down. Mr. Smith said the trees have beautified Jermyn, they serve a purpose. In the past, both the Shade Tree and the Borough employees worked together, he isn’t promoting the Borough employees to go by electrical wires; he would never want anyone to get hurt. He said that we have a beautiful Borough here and the trees contribute a lot to that. The problem seems to be the maintenance and it seems that is all we have to do is be a little logical here. He said whatever the guys can do they should do but they should not be near the wires. If they can do the trimming, they should do the trimming. The Shade Tree gets x amount of dollars from the Borough they should count on x amount being used for trimming of the trees. If the Borough and the Shade Tree work together and for those problems where the wires are involved we have to get someone to do something and maybe they have money where we can do something like that. Mr. Rood, Mrs. Wilson and Mr. Napoli should go out and see and if the line of sight is an issue we should all work together. Mr. Rood said it is not all the trees; it needs to be more Borough people and emergency people involved where the trees are planted. Mr. Rood said he thinks the trees are beautiful too and there needs to be more of a concern with the placement of trees and how they are going to grow. They grow high, we have high trucks. Mr. Smith said he understands his point of view and he thinks that is where everyone needs to work together. He suggested showing Mrs. Wilson and seeing if we can come up with a consensus on what has to be done. Mr. Rood said in the future if we are going to plant another tree, let’s go out with the fire truck and see where we should place it. Mrs. Wilson said usually those trees won’t go over 25 ft.

Mrs. Wilson introduced the members of the Shade Tree.

Ann Boylan 330 Washington – Chair of Shade Tree. She said she was told we had to have 25ft line of sight. Any concern that comes to us, we address. We do not toss it aside and pretend it doesn’t exist. We have four meetings a year and anyone is welcome to come and voice their concerns. If this is an issue, please anybody come to the meeting and we will talk about it. We always address a concern. We do not want it to be an issue and we want to address it. Mr. Rood said during the convention we just had in town, there were fellows from New Jersey here and they gave the town a lot of compliments. She said she spent a lot of time on the Delaware St. Bridge between April and Sept. watering/planting flowers. She has never received a negative comment from anyone from the Lackawanna Heritage Trail. The last comment she received was from a gentlemen who asked about the flowers and WWI Park, he said he wished there were other towns in Lackawanna County that looked as good as Jermyn does.

Mr. Kulick said he wants to understand the make-up of Shade Tree, last meeting it was said that there are 7 voting members. There is only supposed to be 3 or did we change the ordinance. Mrs. Wilson said that was Jerry Giles, he will not allow more than 3 voting members in the ordinance at that time and we needed that ordinance passed immediately because we were going over to the park and spending $8,000-$10,000 in three phases and we needed the ordinance in place. That is why there are 3 in the ordinance, if you want to change it fine but we just have 7 members that are voting and we have 2 associate members who are non-voting members. Mr. Kulick said it is an ordinance and it should be precise, so we should amend that ordinance to say that there are 7 members. Mr. Smith said an official request should come before we act on that. Mr. Kulick said we are acting in violation of our own ordinance. We have been for 14 years or longer. It isn’t a big deal but it is a big deal when something happens or someone comes and questions the ordinance. Mr. Markey said the trees that belong to the public, right now it says that the private citizens are responsible for maintaining their own trees, especially if they overgrow. He said he remembers when Atty. Nicholls was still here and we had the problem with the fire trucks running into the tree branches down on Old Mill, it’s not just the engine that is getting scratched up it’s the people that sit outside of the truck. The Borough wrote a letter to Mr. Newcomb and they refused to cut the trees. Mr. Kulick said if we don’t enforce the ordnances then people know that they can do whatever they want and that has to stop. We have a lot of good ordinances on the books that have not been enforced for a long time. Mrs. Wilson asked who will send a letter out, the Borough? Mr. Kulick said the Borough can act on its own if a tree is causing a problem. The Commission was stablished to do that kind of stuff. Mrs. Wilson said in the past, we always asked permission of the Borough, even when we went for all the grants. Mr. Markey asked if the ordinance says if the Shade Tree fines them or the Borough and who is “we” we as in the shade tree committee or DPW. Mrs. Wilson said the DPW would have to cut the tree back but if it’s to take town a tree we would hire someone and we would get quotes just to be sure. Mr. Markey said for Newcomb’s we would not have to take down the entire tree and it encroaches on the road there. He said he remembers Atty. Nicholls saying cut the branches and leave them in the yard. Mr. Kulick said you can cut it but they have to clean it up. Mrs. Wilson said this is the power and duties of the commission – to study problems and determine the needs of the Borough, to recommend to the Borough, to assist the Borough, to conduct regular and special meetings, to annually report in full to the Borough Council and she said they have followed that. We do not overstep our bounds, any function that we have in town, a letter is always given to council even if you know it is going to happen.

Mrs. Wilson said we have adjusted to a point but if there is a problem with one tree or another tree, we will adjust. Mr. Rood said you have adjusted to a point, this is a few years now that himself one of this asst. chiefs have sat here about the line of sight going from Kennedy’s and up. Mrs. Wilson said we have trimmed up the side where the traffic is. Mrs. Wilson said it is not that you say something and it goes in one ear and out the other, at the meeting I say that there has been a concern, can we ask our tree trimmer to go out and do it and he does it all the time. Mr. Rood said you need to go out in a higher vehicle and see it. Mrs. Wilson said we will look at all the trees in town and if a tree has to be taken down or cut back we will notify the council and ask for permission whether the DPW can do it or hire someone to do it, or reimburse the DPW for wages. Mrs. Wilson said and then we charge the homeowner. Mr. Markey said whatever the ordinance states is what we should be doing. Mr. Markey asked if there is a dollar amount in the ordinance. Mr. Kulick suggested having everyone take a look at the ordinance on what else needs to be changed in the ordinance.

Rental Ordinance:Mr. Kulick said he has been studying rental unit ordinances in other towns. He does not think the permit fee stops the real problems. His opinion is that many towns have very strong ordinances regarding the rental units, to get that rental unit permit is more than just paying the fee, it requires an inspection of the unit; is it livable and sanitary. He said he looked at our own ordinance and it is pretty good it’s just that we do not pay attention to it. For example, he asked Chief Arthur when he makes a call in one of the rental places does he file a report with the Borough Secretary? No. Mr. Kulick said if that was done and there were more than 1-2-3 calls in a 6 month period it is caused for shutting the place down. Mayor said that used to be enforced a long time ago. Mr. Kulick said there are a lot of things in the ordinance that we are going to look at closer before the end of the year. He isn’t sure if it’s in there but if we can require a building inspector or someone to go in and look at them, some of these places are probably not livable. Chief Arthur suggested having the solicitor take a look at that because Blakely had a similar ordinance and the people sued them and he thinks it is in court right now. Mayor said he thinks there was discussion about that and that may be why it stopped being enforced because there was a lawsuit someplace else because it was in no fault of the owner that the police had to come there and that is why we stopped enforcing it on the voice of our own solicitor. Mr. Kulick said at some point we have to stop being afraid of being sued. Mr. Markey said Officer Calzola asked if we can look into doing something like this and Forest City adopted something like this and it worked out well.

Siren:Atty. Harrison said he spoke to the buyers attorney and he wouldn’t have an issue of giving keys to the fire chief and police chief in case something happen to the siren, they are able to get in. The buyer only dropped one key off and the police have it.

Shade Tree:Mrs. Wilson said the first year Shade Tree got grants for the Callahan Park and spent $10,000. The second year they spend $8,000. 2002-2003 The memorial garden park $70,000. The phase III of the Callahan and Memorial park was $6,000. When this was done, the WWI Park was in process and there was $36,000 spent there, a total of $120,000 by January 21, 2005. Grants and matching grants, which means they had to do fund raisers and we are still going. We do have a long range plan and that was approved. If anyone wants to see the long range plan and other items, they are at the Borough Office.

Other Business:Lackawanna County Associations Borough – July 20- Mrs. Wilson said she usually goes but if they are not going to have a speaker. Mayor said John Blake will be there.

Liquid Fuels Letter- Mr. Kulick said he thought we raised the bond. It was raised for 2017 but 2016 was audited and it does not count for 2017.

Recreation Committee – Jermyn Youth Sports – We received the financials for the Recreation Committee and Jermyn Youth Sports. Mr. Kulick asked when Jermyn Youth Sports had an election. Mr. Markey said there was no election, there were appointments. Mrs. Wilson said Shade Tree will have their financials next meeting. Mayor said the Historical Society will have their financials next meeting

Firemen’s Convention – Mr. Kulick asked Mr. Rood how they made out at the Firemen’s Convention. Mr. Rood said he was not at the last meeting but doesn’t think they made out to good from what he hears. Mr. Kulick said it was a nice parade. Mr. Rood said he did not see a lot of town people around.

Rushbrook Creek- Mr. Rood said he checks the creek and he was informed there seems to be a tree that the bark is all off by the Shumski’s and it may need to be checked. There is a lot of stuff on the banks where if we get a bad storm that this log may cause a problem and if we could have someone take a look at it.

Mr. Markey said we got permission last year to go in and clean what we need to clean up as long as we do not bring equipment in there. He said we did that last summer and we can do it again.

New DPW Truck Grant: Mr. Markey asked Borough Secretary if any information was heard for the grant application for the new DPW truck we were promised. It was asked to contact Mr. Mark regarding the grant.

Senior Center: Mr. Markey said he was speaking with Alice Walter and she said she would like to see a Senior Center in town. Mr. Rood said we tried that already. Mrs. Wilson said we had plans for it on the second floor. Mayor said we did propose a senior center in here and that was the reason for the elevator, it was set to be upstairs and the elevator grant was approved and we had it and it was taken away to do storm drain projects and we lost it. Mayor said it is a grant we can get it because we got it once before and if you specifically put it down as a Senior Citizen project benefiting Jermyn and Mayfield as a co-op grant then we would get it a lot easier that way. Mrs. Wilson said she thinks there were some remarks afterwards that they won’t give you an elevator unless they progressively see you turn a room over. Mr. Kulick said it is all well and good if we get the money but we better be thinking about what it is going to cost afterwards. Mayor said it also opens the upstairs, we had people approach us about rooms upstairs for state and county offices that are always looking for space. If we had it, we would fill the building. Mayor said it is something that should have been done a long time ago. Mr. Markey said Ms. Walter purchased t-shirts and he went to deliver them to her and she said she gets very bored and all her friends live downtown and she would love to get together and have a senior center.

Mrs. Wilson said she was with the building committee and they were going to Lowes and Home Depot to see if they can get money out of them to redo the windows on the second floor. She said they need windows replaced before they can start any kind of construction. It was mentioned to her that there may be money for that. Mrs. Wilson said KBA has a floor plan for it and at one time the Events Committee did come into talk to Jerry Giles and there were other people in the audience that said they would volunteer to do the construction. The women in the Events Committee said if you replace the windows they would paint because they really wanted a room. Mrs. Wilson said it would be one room at a time and it is feasible. Mr. Napoli said why can’t we do something in the gym, one night every other week. Mr. Rood said open up the Legion and Girl Scout Room for them and see how many people come to see if it’s feasible to do a Senior Center. Mr. Napoli said we would be smart to do something in the gym first. If we have something we can do temporarily and if we have a lot of people then we can go for the grants.

Public Comment:Paul Pidgeon – Mr. Pidgeon thanked Council for supporting the Shade Tree. He said he left in 1988 and came back in 2015. He said he came back and this town has changed, some of it for the worse but one of the things he is very happy about is the look of it. It looks good. He looks forward to the teamwork with council. Mr. Pidgeon asked council if there is a way or process that we can get speedbumps in the town. He said Madison Ave. is a drag race in the morning with people going up and down and he said it is probably every street in town, but there is a Church and Daycare there on Madison. People drive really fast. He said he will gladly donate for the speedbumps and he feels it is a safety and noise concern. Mayor said they are our streets and we can do what we want on them as to putting speedbumps on the road. Mr. Napoli said Jefferson is an alternate federal route so we may not be able to do that there. Mayor said the rest of the streets are ours. Mrs. Wilson asked Chief Arthur if there is something that can be put up since there is a daycare there, not necessarily a speedbump but maybe a rumble strip. Chief Arthur said like the Mayor said they are your streets you can do what you want there. She said she is asking for suggestions. Chief Arthur said a speedbump. Mayor said we can get those plastic ones. Mr. Markey said the plastic ones we can take off during the winter for plowing. Mr. Pidgeon said it is mainly a summertime problem. Mr. Markey said then maybe the plastic speedbump will help but his only concern is that every block in this town will want one but the problem was addressed for the safety of the daycare. Mr. Markey suggested getting an insight from the Chief where people speed a lot and it’s a safety concern maybe we can strategically place them in other places as well. Mr. Napoli said DPW and Public Safety can go out with Chief Arthur and Mr. Rood and see other areas that could use them. Mr. Pidgeon thanked Council.

Other:July 16th – Rolling Thunder will be going through town. Last year they did not come through because of the construction.

July 10th – Homerun Derby at the park

Mr. Markey said they will be planning a movie night at the park.

August 1st – Jermyn Night Out

July 30th – Last Sunday in July Concert In the Park

Mr. Markey said people in Jermyn cannot complain that there is nothing to do; we have more committees than some cities.

Finance:Mr. Smith said as far as the budget is concerned there are some things we would like to move, a lot of this involves the DPW. The changes to do the 2017 budget that we would like to make – Move Street and Traffic lights from DPW to Admin department – eliminate the air conditioner category, the expense of the air conditioner was $1,636.00 and we want to move that to Improvements category under Admin. Budget. We voted and approved a $5,000 payment towards the heating/air conditioner units that we did not get, we saved $3,364.00 and using that money we were taking our 2017 payment for the John Deere Tractor and that would cover us for 2017. We also want to remove the Lincoln Ave. Project of $1,500 from the storm expense category and we want to put $500.00 to supplies/pipe and $1,000 under materials/supplies under the DPW budget. We want to remove the Bridge St loan payment and 2016 Paving project principle and interest out of the DPW budget and into the Admin. Budget. We had talked about a 5 year loan for the paving of the roads. At the time when the finance committee was meeting us had the cost of the roads, which would be approx. $4xx, xxx.00 what we missed, was adding the interest. In the budget we only budgeted was the principle of the loan, not the interest. We have to come up with $13,762.00 Total payment $106,762.00. The only place that we could come up with the interest for this year would be taking $13,762 from the sale of the DPW Garage to pay for the principle payment plus interest for the first year of the paving of the roads. Mr. Smith said we face some interesting challenges this year and this is one of them. Mr. Kulick asked if there was another paving account we had money in. We had moved money from the paving fund into the general fund when we were moving money around last year. Mr. Smith said we will take a look to see if it’s there. Mr. Smith said when we worked the budget we moved money around. Mr. Napoli said we still have another meeting before the 26th, let’s find out what it is and make our decision. Mr. Smith said in the meantime each council member has their own budget and they can take a look at it and see where we are at. Mr. Markey asked if we accounted for the principle of the loan. Mr. Smith said yes. Mr. Markey asked if we can use the sale of the recycling truck. Mr. Smith said we can use any money we have but it was hard trying to come up with the interest. Mr. Markey said we need to pay the loan. Mr. Smith said if council approves this we still have to look for other monies in there, we have to pay this no matter what. We are still looking in the budget for different monies. No matter where we take it from we are taking it from somewhere, we do not have any emergency fund we can take it out of and I don’t know if we would want to unless it was an emergency. Mr. Smith said his recommendation is whether we do it this month or in two weeks, we get it done and pay this and move forward. Joe Garvey the accountant is coming up in July and he is going to go over all our books and he will request a meeting with the Finance Committee and him so everyone can see exactly what he has done and where we are at. Mrs. Wilson made a motion as per Mr. Smith our Finance Chairman to approve the changes to the 2017 budget, seconded by Mr. Napoli; all in favor, motion carried.

Mr. Smith said to bring council up to date, we are actively pursuing Lackawanna County for a grant for Old Mill Rd. We talked to them about the sewers and paving and it is in the grant writer’s hands that is doing research right now.

Mayor said for the Senior Center, the County sponsors the Senior Centers that are in the County and there is none from Jessup up this way. They have Scranton and Jessup. He said there is nothing in the upper valley. Donna Stackel said that Carbondale has one across from the YMCA.A motion was made by Mr. Napoli and seconded by Mr. Smith to adjourn the meeting at 9:10 p.m. All in favor; motion carried.





Minutes 7-27-17

Jermyn Borough

Council Minutes

July 27, 2017

The Jermyn Borough Council held a council meeting on July 27, 2017 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, Robert Parks, Dan Markey, John Mark, Joseph Smith and JoAnne Wilson. Also present were Mayor Smallacombe, Tony Grizzanti; KBA and Atty. Moran. Absent were; Ray Rood, Robert Chase, Kevin Napoli and Evan Samuelsen.

 MINUTES: A motion was made by Mr. Smith to accept the July 6, 2017 minutes, seconded by Mrs. Wilson; all in favor, motion carried.

Treasurer’s Report:General Fund $176,612.99 plus DPW sale of garage added to GF $28,718.63; Refuse $122,723.83; Recycling $2,919.69, DPW Capital Reserve $12,818.70. Disbursements are from June 16, 2017 to July 27, 2017 $180,978.39, which includes payment #1 of the 2016 paving loan & police vehicle payment. Deposits $57,711.37. A motion was made by Mr. Markey and seconded by Mr. Mark to accept the treasurer’s report and bills as presented, all in favor; motion carried.

Public Comment:John Frankosky 300 Delaware – Said he has a couple questions regarding police coverage in town, what is the correct procedure for reporting a borough issue or concern regarding the police dept. Atty. Moran said the Mayor of the Borough is in charge of the police dept. Mr. Frankosky said when a resident reports a complaint regarding the police dept. is it typical or common practice for the police chief to rudely call the resident, raising his voice and stating that all reports regarding his officers go directly to him and proceed to call the resident a rat, also should the police officer text the complaining resident directly following the incident after the Mayor was involved. Atty. Moran directed council not to respond to the questions because it sounds like it can provoke liability to the borough. He said he understands his concerns and apologizes for the issue and the complaints should be addressed to the Mayor in writing. Mr. Frankosky asked if there is a policy for police to go out of town for non-official business. Atty. Moran said we are not going to respond to that at this time in this setting but if you put your issue in writing, we will respond. Mr. Frankosky asked who it will be addressed by. Atty. Moran said if you address it to the Mayor and the Mayor wants the solicitor to weigh in, he will and you will get an official response back by either the Mayor, council or one of the appointed officials.

John Mark – said residents at 427 Washington Ave. have abandoned their home. They are nice people but they left the property. Monday Night, Mr. Mark was outside and had thought there was a bear in the tree at the property. They turned out to be raccoons, they are living at the home and he also pulled out rats out of his swimming pool. Mr. Mark said he tried not to complain but he did file a police report about it on Monday. Mr. Mark said they are really nice people but he just wants to get it on the record so we can have Mr. Chase go out and take a look at the property. Mr. Markey said Mr. Calzola is the code officer. Mr. Mark said they come and cut the grass. Mr. Markey said so they abandoned the home but they upkeep the lawn. Mr. Mark said they have to but they left the home in disrepair. Mr. Mark said they were supposed to sell it to their son and he was supposed to come and take the wood work out of it. Mr. Mark said it is on Main Street and it is going to be another eye sore. Mr. Kulick said he was looking at the do not pick up garbage list and there is at least 6 properties on Washington on the list. We do not pick up their garbage because they do not pay the garbage bill. Mr. Mark said he let his neighbors know, who have small kids that there are raccoons out.

Zoning:Mr. Kulick said there were quite a few permits issued this year; it has been a busy year.

Engineer Report:Mr. Grizzanti said he waited until the downpour started on Tuesday and drove over to Robert Hunt’s house. The neighbor happened to be home and he stood there and watched it. It comes down really hard, all of the driveways up above in Mayfield, they are all gravel. In 2 minutes, all that gravel is right in the neighbor’s driveway. The gutter line is gone and the water goes into the Hunt’s yard. When the rain is normal, the gravel does not come down but if there is a washout it creates the gravel to come down. It fills the gutter line in 2 minutes and goes over. He spoke to the neighbor. He asked Andrew Baldan to call the Borough Office and the other 2 guys who gave us prices before to give us pricing to put a curb in. The neighbor is ok with putting a curb in the driveway. Tony said it is nothing we need to bid because it is a couple hundred dollars. He wanted the exact number and wanted them to call the Borough office so he is not in the middle. Mr. Hunt and the neighbor were ok with it. The neighbor showed Tony a pile of the gravel and dirt he cleans up every time. Tony went to talk to the Mayfield DPW and they said they can see what they can do, maybe put a lip in front of the driveways up top to hold some of it back.

Tony said 518 Jefferson explained that there was a water issue. Mr. Markey said he spoke to the residents a few months ago and he said everything was always good until we got that blizzard in the spring. He did not know if it was the DPW or private hire plow truck but he thinks they did something to the grade when they were plowing. Mr. Markey had Tony Fuga and Joe Esgro take a look at it and he had some work done since. Tony Grizzanti told him next time it rains he will go over and take a look at what is going on.

Mr. Smith asked Tony if he is recommending curbs over on Lincoln Ave. Tony said the neighbor’s driveway comes down from the house and has sunk down over the years below the road and if he was interested if the Borough comes up and puts a lip in front he can give the contractor money himself he can put blacktop over the last 8 ft. of his driveway and build it up. He wasn’t thrilled about putting blacktop over his concrete. That little bit of curb will stop those big washouts as long as him and Mr. Hunt keep up with the sentiment that gets in there but that is the end of what he is getting onto his property. What we did on the other side is perfect. Tony said the bigger curb is going to be a headache for the neighbor, but he was there and said he will deal with it. Tony said he will have a 5 inch curb in front of his driveway. Mr. Mark said what about bottoming out with the cars, 6 months from now he can be coming in here screaming at us saying you put this big curb in here. Atty. Moran said if we are doing something for him we can have him sign a release. Mr. Smith asked how much curbing is it. Tony said maybe about 20-25 ft. just enough to get through his driveway and pass the little piece in Mr. Hunt’s front yard.

Tony said he sent that little picture of the property in East Jermyn for the potential DPW garage. Tony said this came up because someone asked Joe Barrett if he would survey it and he knows that he has a lot of the maps. Tony said he has the maps for that railroad right of away because it boarders his backyard. Tony said if we want to go a step further, he can print out contouring. Mr. Markey said he contacted the surveyor to see if it was ever surveyed. Mr. Markey said we wanted to see if it was a viable solution for a DPW garage. Tony said it is easy enough to get a contour map. Tony said it will be hoops to jump through if you want to put the DPW garage there, crossing that channel you would have to build a road. The gas, water, sewer and electric end at Hemlock so you would have to extend it in there. Mr. Markey said we wanted to do a cost benefit analysis and explore all our options. Mr. Mark asked how big of a piece it is. Tony said about 2 acres. Tony said at the far end of it going towards Rushbrook, there is a mine seep that comes out of the ground there that they put in where the acid mine water comes out and that is unfortunately on the property.

Donna Stackel asked if Jermyn owns that land. Mr. Markey said yes, we own it. Tony said getting to it; we are building all the infrastructure. Mr. Mark asked if it is surrounded by Mr. DeNaples’s land. Tony said yes. Mr. Mark said we can make a good trade with him. Mr. Markey said either that or also, he has a lot of undeveloped land here, we can say you can start to develop this and all you have to do is put in a road for us. Donna Stackel asked who owns the land off of Delaware by Bottlers before you get to Rapid Pallet. Mr. Parks said Bardanes owns all of that. Tony said maybe he would give you a piece that fronts on Bonnie Drive and you give him that piece in the back. Donna Stackel said there is a lot of land there. Mr. Markey said we have had a lot of other people that were interested in talking with us about some different options so there are still a few different things out there besides land that we own. We are still trying to weight it all out and see what the best fit for us is going to be.

Tony said the estimate for the Delaware Street project; we had to split it into 2 phases. We resubmitted it to the County into two phases.

Mr. Smith said himself and the Borough Secretary have been working with the County grant writer, to see if there are any grants available to do the sewer and the roads down Old Mill Rd. We have an estimate from 2014. Mr. Smith said the numbers can be a lot higher now. Tony said not much have changed in the last couple of years. Pavement may go up some. Mr. Smith said this is one of the more serious projects that we have in front of us that have to be addressed. Atty. Moran said why is it our responsibility, why is it a project Jermyn Borough must shoulder, why isn’t this piece of the sewer system under county control. Has anyone approached the County about taking this sewer system over? Tony said LRBSA was approached to take it back. That development started right after the agreements were signed for the whole valley sewer system, they were already building the system when the development came before council when they built the woodlands. The developer built everything in there himself. They then went to the Borough and turned that over, the roads and the sewer. LRBSA never had that in their system. Mr. Smith said he had requested that they take care of it and they refused it. Mr. Mark said that has been requested many of times. Atty. Moran asked if this council requested it. Mr. Markey said he unofficially did, he had a conversation with the sewer authority and asked if it was something they would be interested in taking over. They said no. Mr. Markey said we should look into the possibility of selling it to someone, the water companies are buying them. Atty. Moran asked if it has any value to the Borough. Council said no because they do no collect anything from it. Tony said you cannot assess them because you would have to assess the whole Borough. Atty. Moran said it wouldn’t be like a sale, it would be surrender. Mr. Mark said if we are looking at doing that shouldn’t we look at doing the developments up here. Tony said it does not hurt to ask; the two up here are relatively new and in good shape, give them those two and the one at the woodlands which they know they would spend money upgrading. Lou Demarco asked if a private company can come in and charge all of us. Atty. Moran said they can come and acquire it in the system and they can spread the rates across the whole customers. Usually the municipalities strike a deal to freeze the rates. Mr. Markey said there are no maintenance fees right now because they are not being maintained. A resident from the Woodlands was present and said she spent thousands of dollars fixing her sewer that is in her yard, finding out that there is a sump pump hooked up to their sewer line. There are also neighbors with the same concerns. She said the roads are terrible and feels it is something that needs a time table on. Without fixing the roads it is $416,000 and with roads and sewer it is $520,000.

Lou Demarco said Raymond Drive isn’t a problem now but when it’s older it will be for someone, how do you stop that? Mr. Markey said you can sell it. Tony said when Forest City did it, LRBSA owned all their sewers, and they were in trouble with DEP. They took out a 6 million dollar loan with USDA and they replaced every sewer and lateral in their town and now they own everything and they have a fee, every resident pays the fee. At some point down the road even though you only have Raymond Dr. Powell’s and the Woodlands at some point if you have that authority everyone will pay that fee. Mr. Markey said what happens up there if half the problems are in Archbald, how do you tie that in? Mr. Smith said we are trying hard to work with the County and grant writers, they are more familiar on what grants are available. If we can do that, we are going to spare a lot of the tax payers in Jermyn. Atty. Moran said they should authorize him or someone specifically to go to Senator John Blake and the PA community Economic Development to see if any Multimodal money is available. There is a lot of infrastructure money that goes unused. A motion was made by Mr. Markey and seconded by Mr. Mark to allow the solicitor to pursue State money for the project of the sewer and paving in the Woodlands. All in favor; motion carried. Tony said there is a loan at USDA and with that loan is was a grant that gave Forest City money. Lou Demarco asked how old the sewer system is at the Woodlands. They said at least 40 years old. Mayor said 1970’s is when the main line went in.

Mayor Report:Mayor said the Historical Society had their first meeting at their new location and are looking forward to having an open house. They are setting up the glass cases; so far they have 3 cases filled with WWI & WWII items. They still have another room or two to work on. The main rooms look nice and people will be happy to come in. They are planning a couple of fundraisers. The Events Committee is having their concert in the park this weekend. It is a free event, sponsored by our County and by the Events Committee. The county gives us so much and we put in the difference. There will be hotdogs, soda and ice cream. It is a nice two hour concert at the park. They are doing a great job with the flowers on the bridges and at the businesses. We are limited to the number of people who can go out and water them and if anyone wants to volunteer we can always use more volunteers. The Events Committee divided up the money from the Variety Show and each organization got a nice check from the Events Committee from that.

Everything is going well in the Police Dept. All our vehicles are in decent shape. All our officers seem to be happy working here, public is very happy with our officers for the most part. Mayor said he thinks we are doing better than most towns in the area from what he hears from others towns and Mayors, our police do a great job and we will continue to strive to have the best police department we can.

DPW Report:Mr. Markey said he wants to talk about the chipping. When we did our garbage and recycling last year, prior to that we had Waste management for the garbage and we did our own recycling. Whatever we recycled, including chipping was weighed at the recycling center and we were reimbursed by Waste Management. We asked County waste even though they were taking over our single stream recycling, if they would do the same thing as waste management did, reimbursing us per ton for chipping and we were told yes. Recently the secretary had submitted some receipts for reimbursement and they came back with the answer that we voted for the option to include recycling so we are not going to reimburse you. Mr. Markey asked the solicitor to look into it. Atty. Moran said he has email confirmation on that. Mr. Mark said even the e-recycling should be covered under that. Mr. Markey said the contract says everything but tires. Mr. Markey said the alternative is to let them chip. It is going to be leave your branches out on Fridays and County waste will get them, the contract says they shall haul all trash and recyclables with the exception of tires, that means CRT TV’s. Mr. Markey said our chipper is dying again, we got new teeth for it this year and last year we replaced the motor and it is going again. For a small town, we chip so much, we take on so many branches and shrubs that we do not have the right machinery. We need a chipper like Dickson City has. It is too small for the wooded area we have, it keeps failing us. Instead of spending our money on a new chipper, let County Waste take care of it. If we do get a new DPW building and we have some land adjacent to that then maybe we can start a compost pile in the future and we want to take it back on where it actually does us some good. Mr. Markey said if they don’t agree to the addendum to the contract which they initially did then again it is more money that we are wasting for nothing. Mr. Smith said they should handle it, it is in the contract. If they said no they don’t want to reimburse us then they should handle it. Mr. Markey said if the decision is no for the reimbursement well then bring your chipper truck into town because we are ready for you. Mr. Mark said we had that in the contract when we had it out to bid, that was in there. Atty. Moran said that was in our bid specs and they came back with alternative options. Atty. Moran said he believes it is internal miscommunication and we will get it straightened out.

Mr. Markey said we are going to devise a plan to take care of some of the trees after the Shade Tree gets together and does their report. Mr. Markey said for tree cutting he wants to get the DPW some safety courses, safety equipment for tree cutting and they also requested a small power chain saw so that when they are up in the bucket, just a small one to use instead of a big one they already have. Mr. Markey said he does not know if Shade Tree will be able to donate that to the DPW, if they can talk about it in their meeting. Mrs. Wilson at the Shade Trees next meeting they will look into it. Ann Boylan asked if they are looking for them to donate the safety equipment or just the chain saw. Mr. Markey said the chain saw. Mrs. Wilson said that can be handled from our funding from our Borough account, we had bought previous small items for the DPW, the weed spreader and different things like that that made the Shade Tree job a little easier and the DPW’s whole spec of work easier for them. Mr. Mark said you can probably get a good STHL chainsaw for $200.00. Mrs. Wilson said if the Shade Tree finds out there is a course because Mark Kilmer went with us, it was down in Wilkes-Barre. She can contact someone to see if there is a class and if one of them would go, it was very helpful. You do not become an arborist but it was specifically for DPW workers because of storms and topping of trees. Mayor said the association of townships has a safety course they used to put on every year. Mr. Mark also mentioned the Dept. of Forestry. Mrs. Wilson said she will get back to them.

Davis Ct. Mr. Markey said behind the 600 block of Washington, it is a big pain point back there. There are a lot of pot holes. Right now we are waiting on the County to get back about borrowing the asphalt zipper. They said Greenfield Twp. has it and he has contacted them since before Memorial Day and he follows up once a week. We also have to go back and cut some trees there so we can get back with the dump truck. Mr. Markey said we are going to go back there with some millings. Mrs. Wilson said it is extremely over grown in and something has to be done there. Mrs. Wilson said even Jerome Dr. if you didn’t come in Davis Ct and you went past Laurel to go in that way, that is getting bad now too. Mr. Mark said they are silver maple trees and they grow like weeds. Mrs. Wilson said she had a complaint last week from the tenants that live on Main, that use that road to come in, specifically behind Wayne’s because that is where they park their cars; off of Davis Ct.

Mayor asked about the garbage issue and if they are going to pick up where they forgot last week. Mr. Markey said there was a bunch of garbage that got missed last week and the story he received that the regular guy was on vacation and they had a replacement guy. They came back on Monday to pick up some streets and they still missed some. Mr. Markey asked if they called County Waste. Mayor said they called the Borough. Mr. Markey said if County Waste does not pick up your garbage, call County Waste; there is a phone number on every single garbage can. He said do not put it on Facebook and assume we will see it. Lou Demarco said that guy was here that day from County Waste with his cell phone number, give them his number. Mr. Markey said there is a phone number on every single garbage can. Mr. Mark suggested it to put it on the Borough website and what the numbers are. Art Wilson suggested contacting the Cerminaro’s who have big bulldozers to help out on Davis Ct. Mr. Parks said we did a couple other projects where he did help us out. Mr. Markey said it doesn’t hurt to ask.

Mrs. Wilson asked about the street signs over at East Jermyn, are they ordered? Mr. Markey said they are ordered, we have to get a couple more and he thinks they forgot one for Delaware. Mrs. Wilson said and Elm. Mr. Markey said they have them but they are trying to put them up in between rain drops. Mr. Markey said we have about 50 more sitting downstairs, waiting to get put up; we do have a few more to order.

Mr. Markey said the DPW took a walk by the Rushbrook creek again and took a look at everything there, especially around Lincoln and the Suey’s area. We are going to weedwack and trim the stuff that we can and if there is any debris in the creek we will do our best to get it out. Mr. Markey said he does not think anything that is in the creek bed is any cause for worry if there is any type of large rain issue, he does not think anything that is there right now will be a hindrance or cause another flood. Mrs. Wilson said a good time to do clean up in the creek is when the trees lose their leaves, you are able to see what is going to cause problems and you have an easier time of getting everything out. Mr. Markey said we will probably do it again in the fall.

Finance:Mr. Smith said we finally have a date with our auditor; it will be this coming Wednesday at 6pm. We will review everything that has taken place since January for the first 6 months within the Borough. We will present our 6 month appraisal at what has happened during that time budget wise to the public.

Shade Tree:Ann Boylan said we are requesting that the Shade Tree ordinance be changed on section 3, where we are talking about voting members. They want to change it from 3 voting members to 7 voting members. Mrs. Wilson said and everything else remains as is. Mr. Kulick asked if they want to increase the monetary items in the ordinance. Ann Boylan said honestly they don’t think they will pay it, we aren’t getting anything now and if we increase it, it will make it worse. They will have hard feelings if we put a lien on their property. Have we got any money so far? Mr. Markey said we don’t enforce it. Mrs. Wilson said you can’t get blood out of a rock, if you put a lien against the house you won’t get money until the house is sold. We still have to pay on what has to be done up front, if we put a lien against the house; some of these homes they will be there for 20 years. We have tried to go for grants, we try to treat people like we value their property, their thinking and their money and to have them respect on what we are doing to the environment. Mrs. Wilson said we will pay so much and say they have to pay the other half, sometimes it works and the one time it did. Lou Demarco asked if this is trees on the right of away. Mrs. Wilson said it could be trees on the property, right of away and it could be a tree upheaving a sidewalk, it’s not a tree that we planted. All our trees are approved for street scape. There are people who have requested huge maple trees for their front yard, there is no lines in front of their house and where they wanted to plant was fine and it would enhance the street so we did put them there at our cost and their approval that they have to take care of it. Atty. Moran asked what the request of the ordinance was. Ann Boylan said in section 3 when it was established it has 3 members we want to change it to 7. Atty. Moran asked why. Mrs. Wilson said because we have 7. Ann Boylan said when it was established there were 3 and now there are 7. Atty. Moran said so it can reflect the reality. Mr. Mark said do not forget about the PPL program, if there are any trees that are in the PPL line they will come and take them down. Mrs. Wilson said they use PPL as much as they could. Mr. Markey said that gets into another problem with chipping, they will cut them and then they will leave the branches down there for the DPW to pick up. Mr. Mark said if you request them to take the tree down they will and will haul them away themselves. Mr. Markey said a lot of these are on private property.

Mrs. Wilson said she would like the Shade Tree and the DPW to work together. Mr. Markey said they absolutely will.  Ann Boylan said one of her neighbors asked her, the alleyway that runs behind Washington to the dead end towards the Artisan, one of the neighbor’s trees is so big that it is going over the alleyway. Is that something the Shade Tree can handle and the DPW can take it away or is this the owner’s problem? If this is hanging into the alley shouldn’t we take some sort of action? Mr. Markey said he thinks that it is the property owners right at first refusal to take care of it themselves. Basically you would knock on their door or send them a letter and let them know it is growing into the alleyway, will you please take care of it. Give them so many days and if they don’t let us know we will come in and cut what we need to cut what is in our right of way and we will send them an invoice. Mr. Markey said we can give the residents a chance to remedy this, maybe they can’t, maybe some are elderly and some don’t have the equipment. We can also give them the choice and ask them to handle it at their cost or we can do it and invoice them. Mrs. Wilson said they also have to address the 600 block of Garfield alleyway, there is a truck hitting the branches that are overgrown. Mr. Markey said the same thing happens down on Old Mill Rd. Mr. Markey said when he first got on council they sent the Newcomb’s a letter in regards to their tree. Mr. Parks said he went through the same thing with them 10 years ago.

Mrs. Wilson would like to compliment the DPW, we had these storms and they helped clean up properties. They cleaned up the WWI Park. Mrs. Wilson said she was out at the last storm and we had a complaint over at Delaware at the underpass she asked the police to put cones out at the underpass and also to go over and check on the Hunt’s property at Lincoln Ave. Mrs. Wilson thanked them for the extra step.

Mr. Markey said the 4b stone at Delaware is doing a pretty good job. We had all that debris and trees down, when you have that debris coming down covering the catch basins and the rain coming down so hard, under that bridge is going to flood. Hopefully we get some grant money to help mitigate that problem.

Mrs. Wilson said the Honor for the pictures for the Hometown Heroes; she stopped up to Carbondale and received a name of the person who is handling Archbald’s, Dickson and Carbondale. They will get it started so it can be up for Memorial Day. There are different ways we can do it, we will meet the person and then bring the information to council on which we way we can do it. Mrs. Wilson made a motion to accept the Borough Ordinance to change ordinance#5-03 in Section 3, changing the commission from a 3 member board to a 7 member board; seconded by Mr. Markey, all in favor; motion carried.

Art Wilson said he does most of the accounting work for the Shade Tree, the Borough gives them $1,500 and they spend far more than that. We get a lot of compliments; there are no weeds in the front and no weeds at WWI Park. The contracts they have with TruGreen are much more than the $1,500 you are giving them. Mr. Markey asked if they ever bid the contract out or ask for any quotes, we have quite a few different landscapers in town here, which may be able to give the Borough a better price. Mrs. Wilson said they had asked two landscapers when they first started and they were more money than TruGreen. So far trugreen has not increased their prices.

Mrs. Wilson gave each member of council The Jermyn Lions Club list of officers and their bank statements as of July 7, 2017. Also, the Shade Tree officers and letterhead also their statement from the bank as of June 16, 2017.

Mr. Mark asked why is the Lions Club is providing this. Mrs. Wilson said because they have the word Jermyn in their title. Mr. Mark said they are a separate entity from the Borough. Mr. Markey said it doesn’t matter the ordinance stipulates any organization with the word Jermyn in the organization is responsible for a listing of financials and officers. Mr. Mark said can you do that. Mr. Markey said we did, the ordinance is in the books. Mr. Mark said they are just using the town’s name. Mr. Kulick said we passed that ordinance; you must have missed that meeting. Mr. Mark said he was here. Mr. Markey said do they use the physical building here. Mr. Mark said yes they meet here. Mayor said periodically. Mr. Mark thought it was meant for organizations that were using the Borough’s tax ID and things of that nature.

Speed Bump Update:Mr. Markey said we do not have any information but he gave his opinion. We do not have the opinion of the safety chair, police or fire chief. His opinion with the speed bump is if you put a speed bump in the middle of Madison Ave. all of a sudden everyone is going to want a speed bump and that is something we can’t afford. Mr. Smith said just like the lady that wanted a light on her garage in the alley. Mr. Mark said we had speed bumps in the alleys years ago and it was horrible with plowing. Mr. Parks said they used to be on Mellow Ct. Mr. Mark said we talked about putting portable ones up there and you’re putting holes in the road. Mr. Kulick said we will wait until next meeting to discuss this.DPW Truck:Mr. Mark said he talked to Mr. Kavulich and Chief of staff called him back. It is an LSA grant that we have to apply for. His Chief of Staff said just call him if there is any problems and they will walk you through it. He asked Mr. Markey to get pictures and specs of the truck to put on for the grant. In the middle of July is when you can start applying and to start applying as quick as you can and it ends in Sept. or Oct. Mr. Mark said before he was told they would be allocating the funds in Sept and they would be coming in Oct. The funds will be allocated in the first of the year and we should receive our truck the beginning part of March. Mr. Markey said that is a game changer for him, our 2002 plow truck; we were looking to see what we can do just to polish it up and pretty it up to get it ready to sell but it looks like we have to go through one more winter with it. The salt spreader is no longer working so we are going to have to take that to NJS and get that repaired before the snow falls. We took it to the Vo-tech and they were able to do a little bit of cosmetic body work and things like that but as far as a tailgate, it is too rotted out for them to repair it. Mr. Mark said this form is pretty simple, it is a one page form and once it is complete and have a copy of it, he can either bring it down to his office in Moosic or The Chief of Staff can pick it up.

New Business:Mrs. Wilson said she knows we need the Woodlands completed, new truck and a lot of new things that have to be looked at first but on the long range plan being that she was on the committee years ago, maybe one of the things we should be looking at down the road after we get all this funding to take care of our roads and equipment is the windows upstairs have to be done so we can use and facilitate that upstairs. It may bring money in or open the facility for other items. Mr. Markey said she is right and on that note, this happened before he got on council, was there a grant application for windows to get replaced. Mr. Mark said yes for the whole upstairs. Mr. Parks said at the time the grant was done it was for an elevator and windows, it was going to cost almost one million dollars to do the whole upstairs and we applied for $330,000 to take care of that aspect of it, that was quite a few years ago. Mrs. Wilson said we just can’t say we are going for this much money, everyone is hurting for money but windows is a necessity and if we can work with George down at the County to get some type of windows and one step at a time. At one time when Mr. Giles was president we had people in the audience that said they would get a group of contractors from Jermyn and they will do the walls, ceilings and do other stuff to make one room available for this and one room available for that and maybe we can rent it out. She does not want this to go by the waist side when we have all these other big projects done or maybe there is something in the meantime. Mr. Mark said maybe there are different monies to go after. Mr. Parks said the original plan was the elevator, windows, the room above was supposed to be the senior center and the front room was going to be split into 2 rooms and the room in the corner into 3 rooms and the rec. room was supposed to stay the same. Mrs. Wilson said she would like to see the facility rented out. Mayor said we had offers before. Lou Demarco suggested trying to solicit people that would personally fund the improvements and they can use the room rent free for an x amount of years.

Mr. Kulick said the Jermyn Night out is Tuesday at 6 pm at the Artisan.

Mr. Markey said a few meetings ago we voted to allow the batting cages at the A ball field and move the walking trail back a little bit. We got together and changed our minds a little bit; right now we have a t-ball field over there which doesn’t get used for t-ball practice and t-ball games. Mr. Markey said they would repurpose the t-ball field and put up two batting cages and two pitcher mounds.  Mr. Kulick asked if it is in boundary lines. Mr. Markey said there are no zoning issues with it. A motion was made by Mr. Markey to change the spot for the batting cages to the player enhancement area at the current t-ball field with 2 batting cages and 2 pitcher mounds all paid for by baseball, seconded by Mrs. Wilson. All in favor; motion carried.

Mr. Markey said we would like to take a few of the old street signs and have a drawing or giveaway for a couple of them. For the rest of them we would like to raffle them off. Mr. Mark said they were purchased by the Lions club over the years and it should be asked through the Lions Club first. Mr. Markey asked if they were donated to the Borough. Mr. Mark said they were purchased by the Lions Club. Mr. Markey asked the solicitor if there is an ownership issue. Atty. Moran said it sounds like there is. Mr. Mark said as a courtesy to let the Lions Club know. Mr. Markey made a motion subject to approval of the Lions Club that DPW is allowed to raffle off the old street signs, Mr. Mark said he would like a couple of them donated to the Historical Society. Seconded by Mr. Mark; all in favor, motion carried.

Mayor thanked the fire police and fire companies for coming out for the storm. Mr. Markey said DPW was called out; they had a lot of downed trees. Mr. Markey thanked Tony and Joe.

Council went into executive session at 8:45 p.m. for personnel matter.

Council reconvened at 9:01 p.m. they discussed personnel matters.A motion was made by Mr. Smith to adjourn the meeting at 9:01 p.m. seconded by Mr. Markey. All in favor; motion carried.


Minutes 8-3-17

Jermyn Borough

Council Minutes

August 3, 2017

The Jermyn Borough Council held a council meeting on August 3, 2017 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, Robert Parks, Dan Markey, Kevin Napoli, Joseph Smith and JoAnne Wilson. Also present were Atty. Chris Harrison, Evan Samuelsen, Junior Councilman and Ray Rood, Fire Chief. Absent were; Mayor Smallacombe, John Mark, KBA and Bob Chase.

MINUTES: A motion was made by Mr. Napoli to accept the July 27, 2017 minutes and seconded by Mr. Markey; all in favor, motion carried.

Public Comment:Ray Rood said he cut his tree down and there is a pile of shrubbery in his yard. He paid to cut it down and he said he hopes the Borough will clean it up. Mr. Markey said it will be cleaned up.

Shade Tree Ordinance:Atty. Harrison drafted the amended Shade Tree Ordinance, changing the members from 3 to 7 and also eliminating the terms. Mrs. Wilson said they do not go by terms unless anyone has a problem with us not going by terms, we are lucky to have 7 members. It was changed to members of the Shade Tree commission shall be appointed by Borough Council, instead of having terms. Mrs. Wilson said that will be fine because they are always appointed.

Lincoln Ave:We received one bid for the project on Lincoln Ave. Mr. Kulick asked if this was the only bid. Mr. Markey said he spoke to Andrew Baldan and he was supposed to be calling with a quote. Mr. Kulick said we will table this to the next meeting.

Finance:Mr. Smith said Mr. Markey, himself and the Borough Secretary met with Joe Garvey who represents Michael Barbetti’s accounting firm. He has been with us for about a year and a lot of things he has recommended, we have put into effect. Last night, he gave the Borough a clean bill of health and thought the first part of the year we had done well and stayed within budget, although some items may be a little over. We were pretty good and pretty close; a lot of credit goes to the Finance Committee consisting of Mrs. Wilson and Mr. Markey. Joe Garvey gave us a packet of the 6 month review and the packet will be in the office for anyone who would like to see it. We are in a healthy position, the cash funds amount to $471,288.00, other investments we had are $106,408.00, totaling approx. $577,696.00 as of June 30, 2017.

Expenses at this time were $389,176.00 and with all the revenues coming in we had totaled revenue $633,823.00 at the end of June 30, 2017. When we take the expenses away from the revenues we have $244,647.00, included in that is $124,000 that we will not see for the second part of the year which included the sale of the garage, truck and liquid fuels. We will be operating without that extra money coming in, that was spread out over the course of the year and some money is invested in different accounts right now. There were some questions concerning personnel and one of the big things we talked about was the LST tax and probably tonight we might go into executive session to talk about that. Joe Garvey gave us different ways what other Boroughs are doing. He talked about, rather than getting a yearly fee for the LST, there is a company that breaks it up in quarterly fees, each quarter you get a different amount of money. If we start off with $20,000 in the first quarter it can be broken up into quarters. Mr. Kulick said the employers that pay that are required to pay that quarterly. Mr. Smith said the other thing that was of interest to us and deserves discussion from the Finance Committee and council is as that money comes in should it go into a Borough account and the money receives interest. Mr. Smith said there were compliments given to the Borough secretary in regards to record keeping. Mr. Markey said he thinks it does because there is a copy of the check; it says Borough of Jermyn Earned Income Tax. At this point in time, we might argue about a lot of different things, money wise but in the end up to June 30, 2017, this council and the Finance committee has been doing an outstanding job when it comes to the budget and hopes it will continue to the end of the year. Mr. Kulick said this report is in wonderful format. Mr. Markey said even though it says Jermyn Borough Earned Income Tax, it still might be the LST collector’s account. The Borough treasurer does not hold any responsibility over it and if that is the case then we should be getting quarterly payments. We will discuss further in executive session. Mr. Smith said he was very pleased to see us venturing into this good area.

Street Signs:Mr. Markey asked Mrs. Wilson if she can speak to the rest of the Lions Club officers in regards to the street signs. Mrs. Wilson said she contacted Mr. Avery, who is the president. He contacted a few people and what he is concerned with is, they would like to have one sign for the Historical Society, with the Lion emblem on it. He also said if there is a lot of money, he doesn’t want to take away from the organization of how they are selling them, if there is a lot of money handled, it would be nice because the Lions Club is dwindling in numbers that some type of donation be made to the Lions Club. Mr. Markey asked if they specified which sign they wanted; which street. Mrs. Wilson said no.

Speed Bump:Mr. Napoli said he is trying to get together with Paul to go over there.

Chipping:We did not receive a response from County Waste yet, Atty. Harrison said he is not sure if Atty. Moran received a response yet. The Borough secretary submitted slips again and a request for the reimbursement. We received two responses of the same kind and they said we chose option #2 on the bid which eliminates the reimbursement. Mr. Markey said per the contract, they are responsible for everything, all trash and all recycling except tires. Mr. Markey said right now what’s happening is the DPW is chipping on Mondays and going down to the recycling center and basically making a donation to their compost pile down there. We are not receiving anything for it; it is costing us money and our chipper motor is dying again. If county waste isn’t going to reimburse us then we are done chipping and county waste needs to handle the chipping in this Borough. Mr. Markey said he will go one step further and he would like County Waste to be here for the next meeting. Mr. Kulick said it is on his agenda. Mr. Markey said that Atty. Moran would take care of it when the contract was taking place and he emailed me back saying it was taken care of and they will reimburse any recycling waste that we continue to do. Mr. Markey said until it came time to pay and now they are claiming they never said that.

Trees in alleyway:Mrs. Wilson said we had a contact made by Mr. Wormuth on Lincoln about the alleyway and the trees overhanging the alleyway. She went there today and he was outside and they discussed it. It is trees of neighbor’s that are overhanging the alleyway, the people who use the alley to park their cars, it is scraping the vehicles. We have the same problem with the fire dept. in some areas. Mrs. Wilson said she told him it will not be right away but it will be brought up. She said if she has to knock on some of the doors and tell them to trim their trees up, or the Shade Tree can bring it up. She said her and Mr. Markey will be working together with DPW on some things.

Davis Ct:Mrs. Wilson said some work has been done on Davis Ct. there are two huge stones that if someone is not watching, can slice a tire. Mr. Fuga said the lower end before you get around the corner, they did not touch that, they only went so far because that is the area in question as if it is owned by us or someone else. Mr. Markey said he thinks it’s a manmade alley that was made over time. Mr. Fuga said it was surveyed. Mr. Markey said if its private property, we do not want to touch it. Mr. Fuga said we went down and did most of it but didn’t want to go any further because of that reason; we didn’t want to cause any problems. He said it has been surveyed recently, there are pins and markings. Mrs. Wilson said it was very good, the work that was done back there.

Mr. Rood said when we had that bad storm last week; we had a lot of trees down at the entrance of Old Mill. When he went down to check he said by Newcomb’s and past his house, it is like going through a tunnel down there. He also said by his house on Bacon is the same way. The trees down old Mill are planted on Borough property. Mrs. Wilson said they plant these trees that are not suitable and they feel it is their property; we are going to do whatever we can so they can get trimmed back. Mr. Rood said the trees are planted on Borough Property. What if you went in to put a sewer, he would lose all his trees anyway. He is causing a problem for regular vehicles and fire trucks. Mrs. Wilson said we will get to the bottom on how we are going to handle that. We may need council action to go the one step further. Mr. Kulick said it is within our power.

Resignation Letter:Mr. Rood said he received a resignation from Walter Estile from Captain of the Fire Police. He did not resign from Fire Police but he resigned from Captain. A motion was made by Mr. Napoli and seconded by Mr. Markey to accept the resignation of Walter Estile as Captain of the Fire Police. All in favor; motion carried. Mr. Rood recommended Charlie Gardecki.  A motion was made by Mr. Napoli and seconded by Mr. Parks to appoint Charlie Gardecki as Captain of the Fire Police. All in favor; motion carried.

Other:Mr. Kulick said we have a variety of people on the no pick list to not pick up the garbage and we know there are people living in those buildings. Where is their garbage going? Atty. Harrison asked how many people are on the list. Mr. Kulick said about a dozen. One in particular has 4 or 5 units it is 614-616 Washington, where are they putting their garbage? We want to look into that and take some action. Mrs. Wilson asked if they have a dumpster. Mr. Kulick said no.

Letter from Mr. Jim Davis:Mr. Davis said Borough council does an outstanding job, given that we are a very small community with limited resources. There is one avenue where council appears to be considering something that in his opinion is not the way to go. In August of 2002, council passed ordinance 3-02 to have a registration program for rental properties. Being an owner of a rental property, he has no problem with this ordinance. December of 2016, council passed 10-2016, amending 3-02, increasing the fee from $10 to $40, intended to establish a database. He believes at the time given it was because Mayfield has a $60 fee, not a valid reason. Upon reading July 6, 2017, it appears council may be revisiting ordinance 3-02, there may or may not be problems with rental units in Jermyn. An approach would be having someone or agency inspect of all rentals is advised. This again would add an expense that would be filtered down to the tenants. Possibly just asking tenants if they have any major issues with their dwelling units would suffice. If they do, that unit or units may need to be inspected. Mr. Kulick said we did not increase the fee to $40 because Mayfield is $60.00; we had other reasons that were explained at that time. Mr. Kulick said Mr. Davis is right and he intends to bring this up later this year. He personally disagrees that if there may or not be a problem with rental units, there is a problem with rental units, we have the police going back to the same ones 3-4 times a week and that is a problem. Mr. Kulick said he has been looking into what other Borough’s do and there is a lot more things we can do to clean this stuff up. We will have more information on this. Mr. Kulick said the ordinance we have already allows us to do a lot more things than we have done and we should probably start doing that.

Mr. Rood said a lady had some questions about 440 Washington. Her concern was a mold problem. He told her to get someone in there to check for mold, their lease is until January. She was also worried about only having one door. He said it would be one place to check and it is the building to the left side of the Allied building, they are on the upstairs, second floor apartment.

Chief Arthur said in regards to that ordinance, 511 Washington is in violation of that, he is getting reports together and asked where they go for further action. Do they go to Atty. Moran? Mr. Kulick said to file papers with the magistrate. Chief Arthur said he believes it says they can be evicted from there. Chief Arthur said eviction process is a civil thing and he didn’t know if Atty. Moran has to take action. Atty. Harrison will take a look at the ordinance.

Agenda Items for next meeting:Mr. Markey said they have been discussing the new DPW Garage for a long time; they have been exploring all avenues. They have an idea, it’s a pretty bold idea but we have an idea, where it is land we already own and its land that is very close to here. Mr. Fuga thought of it and talked it over with Mr. Esgro and then discussed it with Mr. Markey. Mr. Markey said he brought Mr. Napoli down to look at it. They are considering out here in the greenspace. The greenspace that is blocked off right now, that we have the police vehicles and the trees and we have the greenspace. If we started right at the other side of the entrance next to the Borough Building and we put up a 40×70 pole building, we still have enough room to get in this side and to get out the other exit. Most of the trees would be able to stay; we might have to take out the one tree that is in front of the greenspace. Mr. Fuga said maybe possibly relocating it if we can. Mr. Markey wanted to show everyone, an idea of what we have in our head here. He showed council a 40x70x16ft high pole building. The cost would be under $40,000. We could make a lot of different modifications, we can make it our town, and it wouldn’t look like a shack. We might even be able to get away with 40×60, Mr. Fuga said we really wanted a 40×80 but we trimmed it down to fit in the confines there. Mr. Markey said if we did that, we would be able to take all of our equipment that is out here and put it in the building and add more parking spaces rather than removing parking spaces. The trailer would be gone from the back of the building and we can put up angled parking spots. We would be able to fit all our trucks and equipment. This would come with 4 10×14 commercial garage doors, 3 panel windows, 1ft. gable overhangs, rooster weather vane, 3 ply 2×6 poles, siding, roofing, engineered sealed blue prints so we would get the stamped blue prints for this building so there would be little to no engineering costs. This is something we would have to bid it out; companies like this are usually competitive. The only thing that would be extra, they don’t insulate. Mr. Fuga said they do but it is an option. You have to look at the options as you go, you can make this building whatever you want but you have to consider the budget. There are a lot of things you can do to it to make it not look industrial and fit in. Mrs. Wilson asked where the four doors would face. Mr. Markey said we don’t have to get 4 we were talking 3 and they would face the front out towards Jefferson. If we had enough room, we would probably get one on the back and one on the front so we can have a drive thru.

Mr. Fuga said you would gain parking because right now with everything behind the salt shed is all dead space, you can work it so everything would flow easier, you can come in and park all along there and just go out the other side of the building. You may lose 2 or 3 on the side here where the building would be but you would gain more in other spots. Mr. Fuga said you can dress this up being that you have a neighbor right there. Mrs. Wilson said that is a concern. Mr. Fuga said you can create a nice wall of plants so he would not see that. He said we are not here that often and we are mostly on the road and it is just a place to store equipment. Mrs. Wilson said coming in, between the grass area and the memorial garden here, which is wide enough to have diagonal parking because the Shade Tree moved it wider, so you can have diagonal parking, would you overlap onto that road coming in? Mr. Fuga said no, we would be going the opposite way towards Coleman’s. He said he thinks it would flow very nice. The challenges that we face, no matter where we want to put a building, we have this salt shed here. We spent a lot of money on the salt shed. It is not the most ideal thing, we want to be somewhere else but we keep finding every road block. We still have the facilities here, we have the bathrooms and offices, and we won’t have to do much it is pretty much a building just for storage. Mr. Napoli said that was the biggest plus when going over it, the costs of the building, if we put it anywhere else we would have to pay for hookups for water, electric and everything else. Mr. Rood said to make sure we can hook it up to our electric here; you might have to use a separate meter. Mr. Rood asked if the footer is approved stamped prints too. Mr. Markey said the concrete floor would be the option. Mr. Rood said then you have wiring and you probably have to put a bathroom in there by code.

Mr. Napoli said they are going to look into that, to see what we have to do and what we do not have to do. Mr. Fuga said our utilities are right here. Mr. Napoli said other spots we looked at, we had to go hundreds of yards to get to the hook ups. Mr. Smith asked how far back it would be from the sidewalk. Mr. Fuga said it would be 20ft from the roadway. Mr. Smith asked if it would create an eyesore. Mr. Fuga said he does not believe so; it will be set back enough. Mr. Rood asked if it will meet our zoning. Mrs. Wilson said the Shade Tree will help them, putting shrubbery in the front to make it blend in to make it look welcoming. Mr. Fuga said that is something we will strive for, we want a building that we are proud of. Mr. Fuga said we want to make it so it does fit in, it will be one of the nicer buildings in town. Donna Stackel suggested planting those big trees. Mrs. Wilson said she will bring this up with Shade Tree and council has to agree with everything as well, but as liaison she will bring it up with Shade Tree to help dress it up. Mr. Kulick said we will need to get more information on costs. Mr. Fuga said we can start getting some hard costs now because before we were bouncing around on where we were going to go. Mrs. Wilson asked if the building will be big enough so that there is nothing lying around outside, so that the grounds look neat. Mr. Fuga said yes. Mr. Rood suggested that the first thing council needs to do is go to NEIC and tell them this is what we want to do and what will we be required to do as the UCC codes of PA and ask if this is everything we need from them or something else we don’t need and then we can get our pricing we need and overall bottom costs. Mr. Markey said he will contact NEIC. He understands we would have to bid but the first thing we would have to do after we talk to NEIC is talk to the USDA for possible building funding. The $40,000 is before electrical, heating, poured floor with drainage. It doesn’t come with all the essentials we need and we need to look into if we need restrooms. Mrs. Wilson said we have to remember that we have homes and families and want to keep it pristine.

Mr. Rood asked about the two spots on the corner of Madison and Bacon that are caved in, before we get torrential rains and flooding is there anything going to be done with them. Mr. Fuga said they have to dig them up. They have to get the pipe and cut the road. They have to get someone to cut the road.

Mr. Parks said with all the water and heavy rain may have gone in the basement and starting to smell like mold. Whenever we get a heavy rain it starts to back up. It is starting to smell. Mr. Parks asked if DPW can take a look at it. Mr. Fuga said they looked at it today. Mr. Fuga said with all the heavy storms, the system here can’t take that kind of rain here that quick.

Mr. Napoli said Mrs. Carrighan over on Garfield asked if we can come over and look at her fence line, brush is pushing onto the property and is pushing the fence over. Mr. Kulick said we looked at that before. It is their property. Mr. Fuga said there is a paper road but it is still their property up until you get to the road. They are looking for someone to come in and cut it. Mr. Napoli said they said someone form the Borough used to come in and clean it. Mr. Fuga said no not since he has been here. Mr. Napoli said it’s impossible for them to cut back there, they tried. Mr. Fuga said it would not be there Borough; we never cut back there since he has been here and talking to Mr. Esgro he doesn’t think they ever cut back there.

Mr. Markey said we need to follow up with Mr. Kutch in regards to the resident that was complaining over at the Verizon building with the generator. We are still awaiting an answer.

Council went into executive session at 8:04 pm for personnel issues.

Council reconvened at 8:36 pm

A motion was made by Mr. Napoli and seconded by Mr. Smith to adjourn the meeting at 8:36pm. All in favor; motion carried.

Minutes 8-17-17

Jermyn Borough

Council Minutes

August 17, 2017

The Jermyn Borough Council held a council meeting on August 17, 2017 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.

On roll call present were: Robert Parks, Dan Markey, Kevin Napoli, Joseph Smith and JoAnne Wilson. Also present were Atty. Moran, and Ray Rood and Bob Chase. Absent were; Mayor Smallacombe, Frank Kulick, John Mark, KBA, Evan Samuelsen.

Mr. Smith requested for everyone to remain standing for a moment of silence for the attack that has happened in Spain.

Mr. Smith introduced Attorney Luke Moran, who is a part of our solicitor’s law firm. Mr. Luke Moran is rejoining the firm and is a resident of Jermyn.


 A motion was made by Mr. Markey to accept the August 3, 2017 minutes and seconded by Mr. Parks; all in favor, motion carried.


General Fund $185,697.88, Recycling $2,919.69; Refuse $120,201.21, Investment Liquid Fuels $86,116.51. Disbursements from July 28, 2017 to August 17, 2017 $44,854.79. Deposits $46,949.55.


William Langman – Said it would be a good idea to put in the paper, regarding resident’s garbage cans that leave them out for 3-4 days. They are empty but they leave them out. Mr. Smith said there is ordinance on that and he isn’t sure if there is anything in the ordinance as to when they have to be taken back after being picked up. Chief Arthur said yes, they have been noticing them and telling them to take them in. There is a 24 hour period. Mr. Langman said they are out there for days and they are empty. Mr. Smith asked Chief Arthur to take note of that and to let the patrolmen know.

Ray Rood – Mr. Rood said one of the councilman actually drives around the block so they don’t have to go by the trees on Bacon by his house. The trees will hit the whole side of your car. Mr. Napoli said it has to be taken care of because it is a safety issue, if there is someone coming the opposite way it is going to scratch your vehicle. Mrs. Wilson said she was going to address this tonight. She said Mr. Rood was supposed to contact Ann Boylan, herself and Mrs. Pidgeon, they were supposed to go out in the fire truck and go around certain routes. They were going to go around the streets and write down what has to be taken care of. Mrs. Wilson said she can go around. Mr. Rood said he did not have the time to do that but he was referring to the trees going by Kennedy’s onto East Jermyn that they were supposed to go looking at. Mr. Rood said on Bacon by his house, you can’t get through because of the tree and his car is going to get scratched. Mrs. Wilson said she wants someone to go out with her to look at the trees. They have been lax about putting liens of people’s property and fining them because they like a good neighbor policy. If they go and cut down the tree and put a lien against the property, they have to pay for it meaning the Shade Tree and the Borough if the Shade Tree runs out of money. You put a lien against their property and they live there for another 50 years, you never get your money until it gets sold.

Mr. Smith said it seems like we have a communication problem as far as getting together. Mr. Rood said getting together, he will take the blame for that he was busy and said maybe next week he can take them out and go look at everything. Mr. Smith said the problem has reached public safety and it has to be done sooner rather than later, we should get together as soon as possible. Mrs. Wilson and Mr. Rood should make the call to one another and get out and check this out. Mrs. Wilson said she is the liaison and she would like Ann Boylan to go out with them. Mr. Smith asked Mrs. Wilson to take the lead here and get in touch with Ann, Ray, Dan or Kevin and we should get this straightened out before next meeting. Mrs. Wilson said the reason she wants to get Ann Boylan involved because she is the new chairman. Mr. Markey suggested when they are out driving and look at the trees, to have the letters in hand and go ahead and put the letter on their door. Mr. Markey said give them a warning. Mr. Rood said something has to be done, it has been going on for years, and Al Nicholls addressed it when it was Newcomb’s property.

Mr. Chase asked if we are talking about someone’s personal trees or the trees Shade Tree planted. Mrs. Wilson said the personal trees but the one with the fire truck by Kennedy’s is the Shade Tree but the rest are the personal trees. Mr. Rood said to start fining them and having them maintain the trees a proper way. Mr. Markey said that is already in the Shade Tree ordinance that was the problem the ordinance was never enforced. Mr. Smith said we are on the right path now, we will send them a letter and keep progressing as far as the ordinance is concerned.

POLICE REPORT:Chief Arthur said all our officers are re-certified now. The Federal Inventory for the surplus items we have, they came in and did an inventory audit and we passed, everything was good and accounted for. The road lines were painted on Bonnie Drive, Rushbrook down to Delaware. Those lines were donated by someone of interest in Jermyn. Over the past several weeks, they arrested 4 juveniles for all the thefts that have been happening, thefts of 3 motorcycles, thefts from cars, windows that were smashed and burglary. 98% of the crime in town was from these 4 kids. One of them was placed in juvenile detention for a little while and is on house arrest now. There was another incident after they were arrested with them. Chief Arthur asks the public to be vigilant, keep your doors locked and if you see kids at night to call the police to see what they are doing. It is basically these 4 kids that are on a crime spree in town and their parents are not helping the situation. We arrest them and take them to the house and they are back out the next night.

Chief Arthur said they painted speed timing lines in different areas of town to increase their speed enforcement. They attended a gang meeting and it was pertaining to gang activity, specifically motorcycle gangs. We have 1 gang member in town and a rival gang member in Mayfield that are potentially going to clash in the future. We are keeping an eye out on that. Chief Arthur sent a grant application to get an AED.

The police attended the Jermyn and Mayfield Night out. We are trying to get the community involved in the Crime Watch. We only have a couple of members and it is a real asset to the Borough. They are trying to deal with ATV violations the best they can, one of the officer’s tried to stop one in East Jermyn on Delaware St.. Mrs. Wilson made them aware of other things and they fled from the police and they stopped chasing them. Chief Arthur said they do not want to expose the Borough to issues by chasing them. They try to identify them; it is a hard issue to deal with. The issues are the ones driving the ATV’S 60mph down the middle of the road and as soon as they see us they take off. Mr. Smith said a lot is thrown on the police department but you always come up to the plate and being proactive has kept Jermyn pretty well covered and safe as much as can be.

COUNTY WASTE:Ernie Palmer from County Waste was present at the meeting – Atty. Moran said he didn’t get a chance to discuss the issue with Michael Carr yet; they exchanged phone calls and kept missing each other. Mr. Markey explained the chipping/recycling issue to Mr. Palmer. He said when we first accepted the bid; we accepted the garbage and recycling. When the contract was being drawn up it was brought to our attention something we may have missed. We currently go around with our chipper and we will take care of resident’s branches, leaves, twigs. Atty. Moran said he specifically talked to Jonas about this, as an oral representation. Mr. Markey said in the past, our previous contract, we chip and take everything down to the recycling center and we get weight slips. We would turn the weight slips in and we would get reimbursed by Waste Management. We started doing the same thing under the County Waste contract. Our secretary submitted the weight slips and we did not receive anything. We spoke to our solicitor before the contract was counter signed and we were advised that our solicitor spoke to Jonas and we would be reimbursed for our chipping. After submitting the slips, Michael Carr’s response was that we chose option 2 on the bid which does not include reimbursement. The Borough secretary continued to send in slips and Michael Carr responded again so we asked our solicitor to remind County Waste what we had negotiated and talked about. Mr. Markey said right now we spend Monday’s chipping and going down to the recycling center, basically making a donation to their compost pile. We are at the point where our chipper motor is going and we are either in need of a new chipper.

Mr. Palmer said he was unaware of all of this and he apologized. He said if that is what we agreed to then we will work something out. He said he hopes we are all happy with the service and continue working well together. Mr. Palmer said he does not know what we get charged for the weight. He suggested contacting him with the weight slips we previously sent to Michael Carr and he will get involved right away. He asked how it was done in the past. Mr. Markey said it was a reimbursement check we received in the past. Mr. Palmer said he will take care of it.

Mr. Palmer asked if we are taking the wood, yard waste, leaves, grass clippings and there is some confusion as to what they are taking and aren’t taking. Mr. Markey said we do not take yard waste; we take limbs, branches and things like that. Mr. Chase asked who takes the leaves. Mr. Markey said we have a leave vacuum; this will be the first fall that we will be able to use it right, we customarily use it for the sides of the roads and storm drains; we haven’t picked up residents piles. If they bag them and County Waste can pick them up. Mr. Smith said the agreement came down to that County Waste would pick up everything except for tires. Mr. Palmer said he knows it is one bulk item. Mr. Markey said no that is Mayfield, we are all items. Mr. Palmer said we have always taken everything anyway and now he knows it is all items. Mr. Palmer asked about paints, oils, TV’s. Mr. Markey said paints and oils aren’t specifically excluded from the contract; the only thing excluded is tires. Mr. Palmer said they had a problem that someone threw paint in the can and the road was striped because it ran out the back of their truck, it was trailing the truck and they caught it and contained it and sent it to the landfill, that is one of the things that happens with paint and his concern is that if it does go in a truck it will go down your street and there will be a problem. He asks if you are going to throw away paint put some cat litter in it to dry it up. They don’t have a problem taking them as long as it is dried up and is no longer hazardous.

Mr. Markey said he received a message from a resident, 117 Moon Rd. said the garbage company has been turning around in their driveway and because of the heaviness of their truck the driveway has started to crack. Mr. Palmer said the trucks should not be turning around in anyone’s driveway; they have no business turning around in anyone’s driveway. If anyone sees any of the trucks on anyone’s driveway, please let him know.

Mr. Markey said a resident said one of the trucks were on Delaware going pretty fast and were not stopping at the stop signs. Mr. Markey asked Mr. Palmer to remind his drivers of public safety. Mr. Palmer said he will let his drivers know and going forward next time if they can get a truck number that is located on the truck, he will be able to see which driver it is and he will handle it. They take safety very seriously. He said he will address this and if anyone can give him a truck number it will be taken care of immediately.

Mr. Markey said we had an issue with someone not paying their garbage fee and they called up County Waste and received garbage cans, they were not supposed to receive garbage cans. Mr. Palmer said they have had people calling up and saying they represent the Borough and it is hard to screen calls. He said we can make our account so that only one or two authorized people can only call for the account.

Council thanked Mr. Palmer. Mr. Palmer said he hopes everyone likes the service. Mr. Palmer said he has a couple of residents that downsized to the smaller carts but every week he sees bags next to the cans. Mr. Napoli said it might be the elderly because it is easier to handle the smaller cart. Mr. Markey asked if the bulk truck is the first one that comes through town. Mr. Palmer yes it is supposed to come through before the garbage truck. Mr. Markey suggests that residents should get their stuff out Thursday night. Mr. Markey said picking up the bulk first makes more sense. Residents are putting stuff out after the truck has already picked up. Mrs. Wilson suggested putting a notice on Channel 7 about bulk items and on our website. Mr. Markey said there have been things that we have put on Channel 7, website and newspaper and then we get hundreds of people saying they have no idea about this.

FIRE CHIEF:Mr. Rood said everything is going pretty good with both fire companies. We had some calls for trees in the alleyway but we got that straightened out. We had some storm calls for the trees. The DPW came out and helped with the one bad storm we had. Mr. Rood said there is still one wire hanging by Battenberg’s. He said he told comm. Center to inform every utility company. It could be a cable wire. It came from across the street when the tree went down. Mr. Smith asked if everything has been settled about the key for the DPW garage where the alarm is. Mr. Rood said the police have a key and if it goes off he cannot get in there he has to have the police go over there. If the siren gets stuck, he will have the police run over there. Chief Arthur said we were under the impression we were getting two keys. Mr. Rood said the owner was supposed to put a wall up so we would have access to just the one part. Mr. Markey said now that he gave the Borough a key he does not know if he is going to do that wall. Atty. Moran will have to talk to his lawyer about that and also request a second key.

ZONING:Mr. Chase said he is working on two people that want to build houses in Jermyn and the lots are corner lots. One is over here and one is on the east side. He is trying to establish a route because they are corner lots; the setbacks are a little different. He has received a number of permits within the past two months, but they are not filling the permits out, there are no drawings. There are no dimensions filled out. Mr. Smith said he did get a call that complimented Mr. Chase. He helped out someone with a drawing and they said Mr. Chase was a pleasure to work with.

SOLICITOR:Atty. Moran said the Shade Tree Resolution to modify the Shade Tree Ordinance has been advertised to reflect the reality. Mrs. Wilson made a motion, seconded by Mr. Markey pending Mr. Kulicks signature to pass #10-2017 Shade Tree. All in favor; motion carried.

DPW:Mr. Markey said the DPW purchased a small chainsaw to use with the tree situation when they are up in the bucket. Mr. Markey thanked the Shade Tree for reimbursing us for most of that expense. Mr. Markey said we discussed the new DPW building out front. After last meeting, we spoke to Bob Chase to come look at it from a zoning perspective. Mr. Markey said unfortunately the trees that surround the police vehicles right now will probably have to go because the building has to come off the road another 17 ft. because of the setbacks. Mr. Markey said they asked to meet with John Marino from NEIC. Mr. Chase was in contact with him and told him we were looking to put up a 40×70 pole building. Mr. Marino said he just put up a 40×70 in Mayfield and they went to take a look at it. It was $47,000. Mr. Markey asked him to come to the meeting but he was unable to make it tonight. He will explain who built it and the process also what he got for his money and what degree of construction it falls under. Mr. Smith asked if the $47,000 included the concrete base. Mr. Chase said no, just the shell, no electric, plumbing, and heating. Mr. Smith asked Mr. Chase if he thinks it will fit well in this area. Mr. Chase said he has been thinking about that and you have to try and make everyone happy. He still has to go through zoning and make sure it is something we can put there. He said there is going to be steel building in front of an old school building, aesthetically what will that look like. Mr. Smith said he was surprised by the pictures and how nice it looks.

Mr. Smith thanked Mr. Chase for working with Mr. Markey on this project.

PUBLIC SAFETY:Mr. Napoli said we are awaiting word from Penn Dot for the traffic study on Rushbrook. He said they can’t stop trucks from coming on that road. He doesn’t know how much satisfaction the citizens are going to get that live on Rushbrook.

A motion was made by Mr. Napoli and seconded by Mr. Markey to have officer Russo be moved from orientation pay to regular pay. All in favor; motion carried.

Mr. Napoli thanked Mr. Perry and Chief Pereschinsky from Mayfield for fixing the emergency lights for free on the unmarked car last week. Mr. Markey and Mr. Napoli will be meeting with Mr. Pidgeon in regards to the speed bump.

Mr. Smith said by old Mill where the road goes into the V, more and more there is people who are not watching that stop sign coming in Jermyn. There have almost been a number of accidents. Chief Arthur said that stop sign is in Archbald. Mr. Napoli said we would have to ask them to come out and look at it.

SHADE TREE:Mrs. Wilson said she will take charge of getting everyone together. We did have a committee with Mr. Kulick, Ray, Mr. Napoli, herself and Ann Boylan. She asked if Mr. Markey wants to be included or he will take their recommendations. Mr. Markey said he will take their recommendations on it. Mrs. Wilson will try for next week so we have a report for next meeting. Mrs. Wilson will have the letters ready so when they go around they can deliver them. Mr. Rood suggested providing them with a copy of the ordinance when they go around and deliver the letters. Mrs. Wilson said she will keep a list of who the letters are sent to. Mr. Chase asked if they are given a warning first. Mrs. Wilson said yes. Mrs. Wilson said her recommendation is to give them 30 days. Mr. Smith said that is a fair enough time. Mr. Smith asked Mrs. Wilson to report back at the next meeting.

Mrs. Wilson received the report from the TCC Committee for the EIT taxes. Each member of council will get a copy for the next meeting and one copy will go in the office. A copy will be available for the public. Mrs. Wilson said we also received a check for $500 for the grant for Municipal Arts & Culture. It was for the concert in the park, it will be distributed to the Events Committee.

Mrs. Wilson said she would like to attend a workshop for the culture and arts. She said it was discussed to do painting on the salt shed and that would fit into this workshop and there may be some other things in town we can use the culture and arts grants for.

Mrs. Wilson asked if anyone has contacted our Senator about Old Mill Rd. Atty. Moran said Senator Blake hasn’t been discussed we talked to the County about the Community Reinvest. We are in the process of working that through. We don’t know how much it would cost and there is also a sewer issue that is also being discussed with the County. We are getting some positive feedback.  Atty. Moran said Senator Blake is fine to pursue we just haven’t discussed state money for it. The County has the money exactly for this through the Community Reinvest. We don’t know how much it is going to cost. Our engineer brought up we can spend money and pave it but there is a chance we have to rip it up to get to the sewer system. Atty. Moran said he discussed doing what Luzerne County is doing, acquiring these stranded sewer systems that are a part of the Boroughs.

Mrs. Wilson said she doesn’t want to overlap and ask for money of that important project but she would like to see the windows upstairs and something being done with the upstairs to facilitate the usage of it. She asked if she should look into it with Senator Blake. Atty. Moran said yes. Mr. Smith said the two issues should be addressed with Senator Blake. Maybe they will say we can’t do one but we can do the second. She said she would like someone to go with her, it is greater in numbers. Mr. Smith said he would go with Mrs. Wilson.

FINANCE:Mr. Smith said we hired Michael Barbetti this year as the accountant for the Borough. He sent up an accountant, Joe Garvey who has been working with us. We had a final report which was a good report on what we are doing and how we are spending our money. Under his guidance, this year so far it is going pretty well. Mr. Smith said that last meeting we had two weeks ago, we were charged $2,500. Mr. Smith said he was under impression that the last meeting was free and it was mentioned it was free. The Secretary called Joe Garvey and it wasn’t free. Atty. Moran said the bill reads for the period ending June 30, 2017. Mr. Markey said it wasn’t the meeting, it was the report. It’s basically a mid-year report card for the Borough. Mr. Markey said he thought he said anytime he is preparing things we are going to get charged. Mr. Smith said he thought the meeting we had was going to be free. Mr. Smith said he was under the impression we weren’t going to be charged for this project. We didn’t have that in the budget so we took it from different areas to pay for it and we will have to be careful for next year if we are going to do different reports. Mrs. Wilson said he is very good. Atty. Moran said if there wasn’t a clear up front price, why not have that conversation with the professional and let them know there wasn’t a clear understanding and maybe they will work with you. Mr. Markey said this year we were in a situation where we had to have a financial audit every time someone leaves the Borough and we had to have them do the DCED audit. We are probably in the type of shape now where we might not have uncovered all the stones but we uncovered a lot of them and maybe we don’t need this midyear report next year and just do the DCED. Mr. Smith said he is in agreement. He thought it was very valuable this year to do this. It was a benefit to bring someone in and Joe Garvey did an excellent job for us. We knew where we stood and he just reiterated the things that were important.

JUNIOR COUNCIL:Mrs. Wilson said acting superintendent will be contacted for a second Junior Council.

Mr. Markey said he thinks it is important we give the Junior Council something of value. It is a good experience for them. But giving them some type of responsibility is even better; it will be more valuable in the long run. Mr. Markey suggested it would be a good project for a junior council person to undertake, we have our 150th anniversary coming up in 2 ½ years. Jermyn does not have a flag, a flag of Jermyn. He suggested having a contest within the school and community and see who can create a Jermyn Borough Flag that we feel best represents the Borough. Have a contest and maybe give a $500 scholarship as a prize or something like that. It maybe something Evan can take the reins on. Mr. Smith said he likes that idea and said we should pursue this. We will have Evan here and are going to look for another member and they can work on that together. Council will discuss it with the Junior Council Members.

Lincoln Ave. Project:

We received bids to put the curb in on Lincoln Ave.

Andrew Baldan – $200 when he is in town or $350 if we need it done now.

Rock Bottom – $450

A motion was made by Mr. Markey and seconded by Mr. Napoli to have Andrew Baldan do the project on Lincoln Ave. for $200 when he is in town. All in favor; motion carried.

A motion was made by Mr. Markey and seconded by Mr. Napoli to adjourn the meeting at 8:25. All in favor; motion carried.