Minutes 3-15-18

Jermyn Borough

Council Minutes

March 15, 2018

The Jermyn Borough Council held a council meeting on March 15, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.

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

MINUTES:A motion was made by Mr. Napoli and seconded by Mr. Smith to accept the minutes of February 15, 2018. All in favor; motion carried.

TREASURER’S REPORT:General Fund $122,835.48, Recycling $5,705.73; Refuse $41,927.74, Investment Liquid Fuels $43,749.48, Liquid Fuels Checking $80,490.04. Disbursements from February 16 to March 15 including 2 periods of payroll $77,273.62. Deposits $111,388.69.

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

Public Comment:Bruce Smallacombe 703 Rear Madison – Mr. Smallacombe asked where the storage container that was on the stage went that belonged to the Events Committee and where the equipment that is in it being stored now. Mayor said the equipment is being stored in that room off the stage, it is locked. Mr. Smallacombe said so it can disappear every time we go look for it. Mayor said no it is locked up. Mr. Smallacombe said every time we had to call someone to find it and bring it back that’s the reason we put it in the storage container, we asked recreation for it because they didn’t want it and they gave it to the Events Committee. We kept that storage facility there so we can keep our own lock on it. Mayor said it was never locked up. Mr. Smallacombe said he was going to buy his own lock, somebody broke the lock when Recreation had it. We didn’t lock it because the pa system wasn’t in it. Now we can’t get to it but everyone else can get to it. Mr. Markey said everything is in that storage. Mr. Smallacombe said it disappears all the time out of there every time we looked for it we had to call you to find out where its at, the last two times he went to set it up he couldn’t find it. Wires were missing, speakers were missing, it shouldn’t happen. The Events Committee bought that system for the shows, it doesn’t belong to the Borough or Recreation. Recreation has their own and the Borough has their own. That Pa system belongs to the Events Committee. Mr. Smallacombe said he was wondering if we are going to look for it every time we need it or just take it out and put it someone’s house. Mr. Markey said you may, you are free to. Mr. Smallacombe said the storage case was there for 30 years and it was used constantly, it was used by Recreation forever, they stored games in there.

When Recreation didn’t have use for it they were going to throw it out, Jimmy Allan who was in charge of recreation said we don’t want it you can have it and the Events Committee used it. They stored their books in there for the music and Christmas show. Now we do not have any storage facility of our own anymore, now we have to go search for it every time we need to find it. Mayor said why do you have to search for it, whose taking it. Mr. Smallacombe said he has to make a call to find out where its at and it comes from outside of the building, someone is borrowing it and not bringing it back. Mayor said that has nothing to do with the case. Mr. Smallacombe said if it was in the case they couldn’t have borrowed it. Mr. Markey said how it didn’t lock. Mayor said it didn’t lock. Mr. Smallacombe said it will lock that’s why we were going to put the lock on it because stuff was missing out of that storage unit. Every time you go to that storage unit something is missing, long before you guys were here. Mayor said now you have cameras to see who is going in and out. Mr. Smallacombe said the cameras won’t bring it back. We had a 1936 original microphone, it was taken from that same storage unit years ago, taken out of that case. It disappeared. Mayor said we can change the lock. The Events and Recreation will have a key and that’s it, its simple. Mr. Smallacombe said its simple as long as the people that have the key don’t take the speakers. Mr. Smallacombe said he would like to see it rectified.

Mr. Markey said your system is back in the back corner, it will not be touched by Recreation.

Mr. Smallacombe said the glass case that was in the hallway, he understands you were going to get rid of it, he wonders what the safety issue was. What was the safety issue? Mr. Markey said there was a kid’s head that went through the glass. Mr. Smallacombe said no it didn’t it went through another glass case that was along side of that and that was taken out of here. That glass case has safety glass in it. Mayor said the safety glass wasn’t safety glass because it busted when we were taking it out. Mr. Smallacombe said you might have busted it while taking it out. Mr. Markey said it wouldn’t have shattered like it did. Mr. Smallacombe said it was built with safety glass. Mr. Markey said well it wasn’t safety glass when they took it apart, maybe on the top but not on the sides and front. Mr. Smallacombe said it was built by the Borough for the memorabilia in the Borough and it was supposed to have been built with safety glass, he knows the top two pieces were safety glass. Mayor said everything that a kid can run into is not. Mr. Smallacombe said same thing with the snack machine a kid can run into that is that safety glass. Mayor said that is plastic. Mr. Smallacombe said same thing. Mr. Napoli asked how glass and plastic are the same thing. Mr. Smallacombe said a kid can go through it and get hurt. Mr. Smallacombe said where is all the stuff that is in it. Mayor said it all in the Borough office.

Donna Stackel said she is glad to see the handicapped parking in front of the Borough building has been taken care of, it is handicapped accessible for the people that have to go in there. She said she noticed there are two new runners and they are certainly a plus to the Borough building. Ms. Stackel asked about the heat in the all-purpose room, is that being taken care of. Mayor said it is fixed.

Correspondence:Mr. Kulick said we have a letter from Jerry Crinella, whose president of the Jessup Borough Council, they are having a meeting on March 22, 2018 at 6:30 at the Jessup Borough Building. It is for everyone to introduce themselves and discuss what is going on throughout the towns.

Letter from Senator Blake: Thanking us for correspondence for the advocacy for the legislation to permit municipal police to use radar speed devises.

Charles Beth: Mr. Kulick said he was here previously with issues on his property, he had no problems since 2016 when the Borough plowed Shields Ct after a heavy snow. 530 Jefferson. Since then every time it rains his property is flooded, as much as 8-10 inches deep. On Oct 19, he spoke to council and the engineer came out and looked at the problem. It runs down the hill from Shields Ct. onto his property. It runs off from both direction, Bacon and Franklin. Are properties on both Madison Ave. and Jefferson being permitted to channel and even pipe their water problems directly to Shields Ct, thus to his yard. On January 23rd, the Borough engineer came out at that time his yard was flooded. He doesn’t know what can be done about the excess water running down the hill but he does know something can be down to prevent those properties piping their run off water to Shields Ct. thus to his property. Solicitor said we can look into it and he wants to see what the Engineer says about the water, if people are inappropriately funneling water onto properties.

Mr. Kulick said we have a report from Mockenhaupt Pension.

Mayor:Mayor said the police will be hosting their annual Easter Egg hunt at 10am March 24th over at Callahan Park, it is conjunction with the Lions Club and the Knight of Columbus. It is nice to see all the groups working together to make it a bigger event, he is very happy to see that. Also, on the same day Jermyn Youth Sports will be hosting a breakfast with the Easter Bunny from 9am-11am at the Crystal Fire Co. Hopefully all the kids can attend and have a good time.

Police:Chief Arthur said we had 680 calls for this reporting period. Its great to work with other organizations in the Borough with the Easter Egg Hunt. Himself and the Mayor have been talking also about an event that involved hay for the children so that is going to be their special surprise for this Easter Egg Hunt.

Since he has taken over a couple years ago, himself and Mayfield continuously and randomly patrol Mayfield Elementary school. Chief Joe or him, come and go throughout the day, they check doors, they walk around with the principal, basically to show people they around there. Recently since the last school shooting you saw state police in the paper they are going around, we have been doing this for years now. We get a lot of compliments from the parents and teachers in the school that they see us rotate in and out and randomly check things and make sure the building is secure. Tomorrow there is an active shooter type drill and training at the school. They will be going over it with the teachers and administration, SWAT will be there and other police depts. We have done that previously at the high school and Mayfield Elementary. The school has key fobs now to get in so he did get one from the school district. Chief said he will be able to have access to that building in the event that Chief Joe is not available or something happens to him before he gets there, he will have access to get in.

Fire Chief:Mr. Rood said we have smoke detectors, there are people who wants 4 or 5, it will not happen. It’s suggested one for each floor. For the elderly and people that can not afford it. Each fire company will have it, Channel 16 changed it this year they want to know where they are going, there will be a list on where they are going. Previous times when he has given them out to the fire companies, they went to different towns. These are for the people of Jermyn, he will get them to both fire companies with a sign-up sheet.

Mr. Kulick said he saw they are trying to sell one of the trucks. Mr. Rood said the Hahn 88’ that we bought new, doesn’t meet standards. They want to sell it and look at a replacement, they don’t need a big big truck. Once they sell that and see where they are at. We tried to get a federal grant to get one like Meredith has. Lou Demarco asked how much something like that can bring in. Mr. Rood said we are hoping for $15,000. Mr. Demarco said for a couple hundred-thousand-dollar investment? Mr. Rood said that was $155,000-$165,0000. Mr. Demarco said it has no miles on it. Mr. Napoli said it can’t go to another fire dept because its no longer within the specs because of the open cab, so it would go to a collector or personal, it can’t go to another fire company. Mr. Rood said he was in contact with a collector from Hamburg and New Jersey; its all collectors.


Code Enforcement/Solicitor:Atty. said the Borough responded in regards to Chief Zellers pension. The Borough responded that Chief Zelllers widow doesn’t meet the requirements for any payout in the pension, he provided that with Atty. Powell and has not heard anything back yet.

The business permit ordinance and DPW tree cutting ordinance will be for next meeting.

The first round of rental property citations has gone out. Some people have paid and we received some of the cards back. The first Borough code enforcement citation went out for the one property that had a garbage only violation. That person has responded. For the code violators that have structural problems in addition to garbage problems they are required to be served by personal service, those letters have been provided and sent to krayer Detective agency, who is the lowest dollar amount for service. They have a certain time to respond and are invited to the April 19, 2018 meeting, according to the ordinance they are afforded the opportunity to come before Borough council and explain why their property is not in violation of the borough code.

Recycling Ordinance- in order to go out for a grant for a bigger leaf vacuum than we already have, we have a small one that will handle storm drains. Mr. Markey said our idea is to get a bigger one so we can handle leaves from residents as well so they can rake them into a pile and put them by the closest road and DPW can come by with the leaf vacuum and take them down to the recycling center. It keeps the leaves out of the landfill and helps the environment. In order to apply for the grant, we have to pass the ordinance. A motion was made by Mr. Markey and seconded by Mrs. Wilson to advertise the Recycling Ordinance #7-18. All in favor; motion carried.

DPW:Mr. Markey said the DPW full time and Part time employees met last week all with the exception of Bob Speicher. We reviewed the plowing procedures for in town and we reviewed the new time clock procedures as well. The team is reporting that the on-call schedule is working well and looking forward to having a DPW team building day later in the Spring. What we want to do is get all the full time and part time DPW employees here at the building on a Saturday or Sunday in the Spring time and do a whole bunch of small projects to really try and spiff the place up a bit. Everybody was in favor for it. Plans for the new DPW garage are being drawn by KBA.

Our new chipper has been delivered, we are ready to sell the old one. Mr. Markey said he would like to propose to sell it for $4,500 and vote to place it for sale on Municibid with the stipulation that council must vote to award the high bidder and that council reserves the right to reject any and all bids. Mr. Markey made a motion seconded by Mr. Napoli to advertise the old chipper in value of $4,500 on municibid with a stipulation council must award to the highest bidder and council reserves the right to reject any and all bids. Atty. asked only municipality representatives will have the option to buy. Mr. Markey said no municibid is open to everyone. Atty. said if that’s the case, wood chippers could cause an injury so if you end up with a private citizen we may have to talk about a waiver. Mr. Markey asked if that would be a day 2 item after its sold. Atty. said we want to know if your selling it to a 17-year-old. Its really due diligence on who the bidder is. Mr. Markey said we can wait until the auction is over. Atty. said when you say the highest responsible bidder, responsible is standard there. Mr. Markey said we are covered with the reserving the right to reject any and all bids.

Mr. Markey said we are working on getting new signs ordered for Callahan park to replace the signs that are outdated by the new ordinance. They will have the park rules. Park opens at dawn and closes at dusk, no smoking or tobacco of any kind including electronic cigarettes, no bikes, skateboards, scooters, Atvs, dirt bikes, graffiti, no pets on the ball field, fines up to $750.

Our new backhoe and loader should be here within the next week or 2. We are trading the old one in, that was the deal that we made.

We are continuing to work on improving the Borough building and continuing small projects, we did a couple of things upstairs with putting some lights back in some rooms that didn’t have lights for 30 or so years. We just got runners today for the Borough hallway, front door and side doors, in the event of a new gym floor it will be protected from water and snow and everything like that.

The 2012 truck, currently has a flatbed on the back, we are looking into the possibility of selling the flatbed and retrofitting the truck with an aluminum dump body, cost would be around $7,500. We do anticipate recouping about half that cost if we did sell the flatbed and also if did retrofit it with a dump body that could be paid for 100% by liquid fuels money.

American Rooter will be ready to camera the sewer system within the next week or two, their camera broke and had to be repaired. Mike the owners gave his opinion regarding the Woodlands and kind of agreed with our assessment to camera the system, fix any areas that need repair and then possibly use the rest of the grant we received for paving.

Our 2008 plow truck is in good condition, it is now 11 model years old. We are keeping it in the forefront that it would possibly need to be replaced within the next couple of years. We don’t want to get into a situation where we got into the 2002 truck. We have the 2018 being built and, on the way, and the 2002 within these last snow storms that we got within the past week or two, the right front axle broke on it. We had to take it up to Zielinski’s and get it repaired. We are going to be looking at a repair bill there. Hopefully when we are ready to sell it, it will offset the cost a little bit.

Mrs. Wilson asked if this is the final proposal for the garage, the blue print? Mr. Markey said no, its not the final proposal. Mrs. Wilson said is it the final plan. Mr. Markey said no he just saw it 10 minutes ago. Mrs. Wilson asked if this is what we are going to be sending in for approval. Mr. Markey said he doesn’t know yet he wants to meet with KBA and discuss everything before we go and vote on the final print. Mr. Markey said he doesn’t think we need final plans when we are just filling out the initial application. Mr. Kutch said no. Mrs. Wilson said it would be nice if it was close. Mrs. Wilson said she has some questions on it, maybe we can reduce the cost. Mr. Markey asked what are your ideas on reducing the cost. Mrs. Wilson said get rid of the proposed office we have one here and toilet facilities, not needed. Mr. Markey said he doesn’t think we need those either, we made that clear; we were already told by NEIC that it could be an annex building, we wouldn’t need an office or restroom. However, if we had an office in there we would have to have a restroom. He could see maybe fitting it to plumb for a restroom if we ever decide to do that in the future. Mrs. Wilson said you would save money if you keep their office within this building and the bathrooms. Mayor said we want more room in the garage we don’t really want an office in there. Mrs. Wilson said that will save money you wouldn’t have to have plumbing. Mr. Markey said you would still need plumbing because we still need water access in there and the sewer for the drain but not quite as much. Mr. Kulick said it would be foolish not to make it plumbing ready. Mr. Napoli said we don’t have to have the bathrooms ready to be used. Mrs. Wilson said right now we need a garage she knows it and she’s not against it but she doesn’t want a Taj Mahal. Mr. Markey said we don’t want a Taj Mahal. Mrs. Wilson said as long as we are on the same wave length. Mr. Markey said we can’t afford a Taj mahal. Mr. Smith said he would like to see the plans and the cost estimates. Mr. Markey said we are still working on the cost estimate. Lou Demarco asked what the proposed cost is. Mr. Napoli said they are still working on it. Mr. Markey said we had an initial estimate between $155,000-160,000. That was our first idea that was putting radiant heat in the floor. Mayor said you always try to plan big and work your way backwards if you have too, we just want bare bones; easy to maintain, nothing fancy. It puts less of a burden on the Borough down the road too.

Mr. Kulick mentioned the revised estimate from KBA for the Woodlands. Mr. Kulick said he wants to know if its replacing some sewer and taking care of the paving in the area where we are replacing.

Grants:Mr. Kulick asked when we need to get the revised estimate. We are waiting to get an estimate on how much it would cost to camera the lines. Mayor said he was showing them where all the manholes were just to get an idea on what we are looking at and what part of the system to camera, this way he can estimate. Mrs. Dougherty said we aren’t certain that it’s 500 ft of sewer. Mayor said correct. We really don’t know what is going on there until he can get there and look. Mrs. Dougherty asked if this is the original estimate that was sent with the application? No, it is a revised estimate. Mrs. Dougherty said because it says phase 1. Mr. Markey said it is still phase 1, phase 2 might be paving or something like that need be. The first one we put in was just over $256,000. We were awarded $140,000 and then we had to revise to meet the $140,000 now it looks like we have to rerevise and drop another $8,000. Mr. Kutch said these are no design estimate until we go through everything and find out what is going on, these are simply estimates. Its in the ballpark. With sewers it should be pretty close because we have some pretty good numbers on that. It depends on your depth of the trench, we have no plans on them so we have to measure those manhole depths. Mr. Markey said if the sewer gets camera and we find out we only have to fix 100 ft. Mr. Kutch said that probably isn’t going to happen. Mrs. Dougherty asked if mapping is part of this, whatever is done with this project will be mapped so we know what is going on in the future. Mr. Kutch said yes, under any grant program you have to have detailed plans that will be required by whoever the funding agency is. Mr. Napoli said what if we have this company come in and they say that they are going to charge us $5,000 to do the cameraing and then we find out that the grant doesn’t cover it. Mr. Markey said I think we wait for the cameraing until we find out if it is covered in the grant. Mr. Napoli said ok but what if its not covered in the grant, where do we go then. Mr. Kulick said we can’t do it without cameraing it.

Mr. Smith said it was done a long time ago so we really don’t know what is down there right now. Mr. Napoli said that is his point its necessary to go forward but at the same time we can’t afford to do it and if its not covered by the grant. Mr. Smith said if we don’t do the cameraing we are never going to know what we are facing. His opinion is that we have to do the cameraing to see what is going on down there and what our costs are going to be otherwise we are never going to know. As far as the old piping, he is under the impression that we are going to end up ripping up the whole thing under there. That place is a mess, the whole sewer system itself. The most logical thing to do is to camera it and see what we have and get KBA’s interpretation. Mr. Kutch asked if video taping of the lines is an acceptable expense to your grant. We do not know yet. Mr. Kutch said you need to find that out. Mr. Markey said we are finding that out before we get it done. Mr. Kutch asked about the preparation of the plans is that covered. Engineering is 10%. Mr. Kutch said that is in the estimate. Mr. Kutch said the question for the funding agency is, if your grant is fixed you can always do a little bit less then you will know, take your best section at one end or the other, leave that other and then know one day down the road you will need to replace that too. Mr. Markey said that is why we want to camera it.

Zoning:Mr. Chase said of the 3 letters he had sent out, he had only one of the people contact him. With this weather there is nothing they are going to do anyway, in regards to the shed on Lincoln. He doesn’t anticipate any problems. He received a permit for a house on Cemetery for some work being done down there. He denied another permit. He is working on a permit for the Windsor. He has to go through about 15 ordinances to make sure they fall into the guidelines, he doesn’t see a problem he thinks everything is going to be fine but he needs the information put on the permit and has to make them aware of some things on there.

Lou Demarco said he applied for a garage permit and got denied because he doesn’t meet the setbacks, his next step would be a variance, which there is a $400 or 500 fee which covers the Borough’s expenses for the variances. In the event if that Is denied and goes to county court, is he responsible to pay for the Borough’s expenses and his legal expenses. What is the last step if County court was the next step. Atty. said you appeal the board’s decision to the county court and he doesn’t think there is a provision of payment of legal fees. The $500 is for the cost of examination of property and engineering. Lou Demarco said he thought it was for costs and legal fees. Mr. Chase said it is for sonographer. Mr. Markey said we changed that because $500 didn’t cover it. It is $500 plus fees. Mr. Chase said that is just for the zoning hearing. If it goes further is he required to pay the legal fees for the Borough. Atty. said he doesn’t believe but he will look at the ordinance.

Gym Floor: Mrs. Dougherty said a question came up last night about KBA fees about our floor project, can you explain exactly what that entails. Mr. Kutch said he just found out about that yesterday, Randy stopped at the office and he told him he needs a set of plans because that is required for the grant. Mr. Kutch said you need some kind of a plan, I don’t think you can just go and pick who you want, you have to go out to bid. If you go out to bid you have to put something in drawing. He doesn’t know what is going on with the floor and the new floor. Is that going to impact any of the doorways? Mrs. Dougherty said no. Mr. Kutch said what are you doing where the thresholds are? Mr. Kutch said he needs to have some details before he can give you a number. This comes from Miller Flooring? Mrs. Dougherty said yes. Mr. Kutch said he would like to talk to him. Mr. Kulick said so everyone understands what is going on, Randy Parry spearheaded this project, he has a lifelong interest in the basketball program. He needs to be commended for that. He is generating private donations to cover the part of the grant where we would have to provide. God Bless him but he likes to go 100mph at 25mph zone. It’s very difficult to make assumptions when you don’t have all the information. It was clear to him when he was addressing him last night in emails that he was under the impression that Mr. Kutch told him it would cost $5,000 KBA charges and he mentioned the handicapped access and he wanted to get some other engineer who wouldn’t charge that much. Mr. Kutch said he didn’t give him any number. Mr. Kulick said this is why we can not operate like that, he appreciates what he is doing and it is all well and good but until we have all the facts and we understand what we are doing, to apply for the grant in the proper way with all the T’s cross and all the I’s dotted and we make sure what we are talking about, we have to put it in a slower gear. We are going to wind up getting it tossed back to us and we are going to have issues. The stuff you are reading from Miller, Randy went out and solicited that information because he thinks that Miller is the premier installation company in the area, he may very well be right. He is basing that on information he has from other schools or whoever had it done and that is all well and good, he was a little upset that we just can’t say Miller is going to do it. That is not the way it works. Randy wants very specific specifications. He has no problem basing the project on that, they know what they are doing and that is a legitimate spec. that is fine but we aren’t just going to toss KBA to the wolves for someone that thinks they get someone to do it for nothing, we have rules to follow. We need to understand before we apply for the grant, Randy solicited $8,000 and that is wonderful, he can’t thank him enough for that, he applauds his efforts. We aren’t going to do anything until we understand what we are doing. That means we have to slow down a bit and get Dennis the right information so he can get us the right information and we can apply for the grant in a proper way.

Mr. Kutch said he did mention he got $8,000 in grants and he gave him no number, he told him he needs to look at what you are doing and said as far as donations, KBA will make a donation to it too. That will be his time. Mr. Kulick said that was not relayed to him. Mr. Kutch said if he can get someone to do this for free that is ok, but he will not put his seal on it until he sees that it is right. Just because Miller Flooring puts it in a paragraph and a half here, he is not going to say that is the right thing to do. He is reading in here that they are adjusting the height of the baskets, is that because they are wrong now or because the floor height is going to change. He is not going to put his seal on what Miller says here unless he talks to them and get it ironed out, he doesn’t want you guys coming back to him a year after and we have a nightmare here. The grant deadline is May 31. Mrs. Dougherty said she wants to know what you need from her to do what we need to do. Mr. Kutch said he has a layout of that gym somewhere in his files. He doesn’t know what the construction is but maybe he has that somewhere in his file. He doesn’t know what this 1-1/2 inch around the perimeter is. He has to talk to Miller flooring. He doesn’t know what the condition of the subfloor is. Are we going to spend $50,000 and there’s a problem with the sub straight, has not going to put a stamp on that. Somebody has to look into that. They will be glad to do it and he can do a lot of it on his own. He can contribute to this $8,000, on his time but he can’t do that with the guys he is paying. Mr. Rood asked to find out from the people that are doing the grant, do you need an engineer stamp on the set of prints. Bruce Smallacombe said to contact Ken Kurtz, he did the sub flooring. Mr. Smith said Jimmy Allan had the floor redone too. Mr. Smallacombe said we had it completely stripped at one time. Mr. Napoli said the mid 90’s. Mr. Smallacombe said there might be an original set of plans downstairs.

Mr. Battenberg said the planning commission met on this tonight. Mr. Battenberg said Randy did come up with the $8,000 quicker than anybody in this town could have. He did initiate the project, he doesn’t think we want to lose his support on this project. Mr. Kulick said he has done nothing but applaud and appraise him. Mr. Battenberg said he doesn’t know if Randy is to upset about the price, he thinks he is concerned about the additional prices down the road for different variables. What you guys have to do is all meet together and just talk about the details, why the Engineers are needed. He didn’t really know why the Engineers are needed. Mr. Battenberg said you have to meet and describe the details. Randy is apprehensive about, he is afraid if we don’t expedite matters, if you slow down the process too much other people might be buying for this $50,000 grant and we might lose it. Mr. Kulick said those are legitimate concerns but the grant has a cutoff date so they are not going to award the grant to somebody before that cutoff date. Mr. Battenberg said maybe that should be explained to him too, there are a lot of issues that are kind of cloudy. He thinks if you communicate and work things out, maybe he can be a conduit somehow. Mr. Kulick said when he tried to talk to him his mind is closed. Mr. Battenberg said the primary issue is you can’t lose this grant and it is for the kids, no one has shown more concern for the kids except maybe for Bruce is Randy. Mr. Kulick said we have to make sure we are doing it the right way and have the right information. We have until may 15th to apply for the grant, if we apply today or if we apply May 14th its not going to improve our chances. Mr. Battenberg said no one in this town can come up with $8,000 as quick as he did. Lou Demarco asked what happens if we don’t get the grant. Mr. Kulick said then we will refund it. Mr. Smith said there is another problem we discussed at the last meeting. We are only allowed to borrow so much money and what council is doing, we have a number of grants that we are thinking about doing that we are responsible for a certain percentage of those grants, so we are going to try to put everything together and come up with a total. We weren’t talking about the gym floor last month so this is something that is different and he doesn’t know what council’s thoughts are including the gym floor in that. Mr. Smith said his understanding of this, we have to apply for the state when we take out a loan, the state will tell us how much we can take out, they will look at our finances that we have now, the loans we have now, so we might ask for $150,000 they might say no you cant do it because with your tax base that is to high. We don’t know where that end of the whole project is going.

Mr. Markey said the money that Mr. Smith is talking about, we already got awarded grants. Those are projects and a vehicle that we have already been awarded grants for. We have to pay the money out first and then get reimbursed. Mr. Markey said we got a grant for $81,000 for a new DPW Plow truck and then we got a grant for $50,000 to pave the parking lot, we want to see if we can put those two together and go out for a loan to borrow that money in a short term loan until we get the turn around with that grant money and then we use the grant money to pay the loan back. He doesn’t think we would include another $50, xxx for a project that we are just applying for now. We want to make sure we have the grant before we seek state approval before we apply for a loan. If we don’t get the grant, then it can be donated to the Borough to fix the dead spots or they can say they want their money back. Mr. Kulick said their money is going to be into a separate account, for some reason this whole thing falls through they will get their money. Mr. Kulick said if the grant requires engineering work to be done then 10% of that grant can be allotted towards engineering costs. That’s where that number came up that Randy had in his head, typically it is 10%. Mrs. Dougherty said if this is the case and it was $5,000 we would need $200. She will give $200. We are going 100mph when we don’t need to.

There is a lot that goes into it. Basil Kleha said you are guaranteed that $50,000 grant if awarded, if you know you are getting that $50,000 grant and you went to the Jermyn bank and you spoke to John, he talked to him about this already, as long they say know they are going to get that money they will lend you money no problem but you have to see what kind of rate you get from that. Mr. Kleha said they will work with a small borough, they will work with you. Mr. Kulick said we are also handcuffed by the guidelines of the state. Mr. Kulick said we aren’t going to pass the resolution tonight because we don’t know the numbers. Atty. said we can pass the resolution to apply for the grant but just keep the costs out. A motion was made by Mrs. Dougherty to pass the resolution #11-18 authorizing the Borough of Jermyn to apply for a Greenways, Trailways and Recreation program plus $59,209 Mr. Napoli asked that would be the most it would cost? Mr. Smith said we don’t know yet if there is a problem underneath the floor then it would increase the amount, Mr. Napoli we just went over and said we need to have the right cost in the resolution., seconded by Mr. Markey; all in favor, motion carried.

Shade Tree:Mrs. Wilson said Berkheimer report from the TCC, we have a meeting the last week in March. She did not get minutes, she will pass them out as to what we did at the last meeting when they get them for April 5.

Shade Tree Ordinance: Shade Tree had a special meeting last night. We want to update the ordinance for shade tree. This is what they discussed, Item P: Remains as is. We would like to add P:1 another paragraph to P, residents receiving notification of overgrown trees or shrubs which need pruning, cutback or removal due to community safety of residents, vehicles, i.e line of sight or two-way traffic, i.e. fire and emergency vehicles will have 30 days to comply regarding their properties trees/shrubs. After 30 days if the issue is not resolved the JSTC will invoice the homeowner $100 per hour for work to bring the trees/shrubs into compliance for the safety requirements. Penalty for non-compliance see section R. Penalty. Mr. Markey asked where the $100 per hr. go? Mrs. Wilson said as of last meeting you did not want the DPW’s name mentioned because you did not want people to think we leave it go and the DPW will do it. Mr. Markey said so that money is going to shade tree? Mrs. Wilson said yes, if its handed to shade tree and then it will be directly put into the general fund if the DPW does it. Mr. Markey said why the General fund if it’s going to shade tree. Mrs. Wilson said the DPW, their pay it can compensate for their working. The Shade tree doesn’t want to keep the $100, we are not doing the work, we are just the instrument ordinance that is collecting. Mrs. Wilson asked Mr. Markey if he has a problem with it. Mr. Markey said no he just wanted clarification. Mr. Smith said he doesn’t think it can go into the General fund, he thinks it goes into shade tree and the shade tree pays the DPW. Mrs. Wilson said this will be done on their time, during the day. Mrs. Wilson said we are reimbursing the Borough instead of hiring a personal contractor. We are reimbursing the Borough. Mr. Markey said it is still a Borough ordinance, payment can be made to the Borough. Mr. Smith suggested we ask our auditor. Mrs. Wilson said or it can go into the Shade tree account.

Mrs. Wilson said the DPW has been helping us with a lot of things, the last couple of months we have purchased their outfits for the bucket truck, a saw for them to do all this trimming. The Shade tree has purchased that from their borough account that we have, we are allotted money and if we go over that the Shade tree will take it out of their account that they have. Mr. Markey said the invoice will come from the Shade Tree. Mrs. Wilson said it can come from the Borough. Mr. Markey said he thinks in that ordinance the shade tree can charge. Atty. said it is going to be the Borough. Mr. Smith said as a commission I don’t think they can charge. Atty. said he is thinking it is the code enforcement officer that does it. It’s not part of the Property Maintenance Code, it is a Borough ordinance, just like a rental property issue is a borough ordinance. It would probably be done through code enforcement, enforcing the ordinance and then to get paid to the Borough. Mrs. Wilson said she would like that, she would not like it to be paid to the commission because we are not doing the work and the second its borough employees and that is put there to offset it. Atty. said its an extra accounting step and auditing explanation. Mr. Smith said in his opinion he doesn’t believe that we should be paying the borough employees, we should probably have a separate entity that takes care of this. You should try to keep the Borough out of this. Every time we need somebody call the tree cutting service and they give you an invoice and you pay the invoice you get. Mrs. Wilson said the reason why we bought the bucket truck, Mr. Smith the reason why we bought the bucket truck didn’t have anything to do with borough employees being paid. Mrs. Wilson said no but to help cut down some branches and trim back trees. Mr. Smith said that’s a different thing all together. Mr. Markey said we aren’t necessarily paying the employees. Mr. Smith said he understands that. Mr. Markey said we are paying for a service that is provided. If we decided to pass an ordinance to charge for chipping, which might not be to far down the road, if people continue to throw full trees out there. Mr. Markey said the Borough is charging for a service that the Borough is providing because they didn’t want to go and do what was basically ordered of them and we gave them the 30 day grace period. That is why we are billing because of service that the Borough provided. Mr. Smith said the part that he is having a hard time here is a commission doing this, he understands the Borough charging. Because we have to go do it, the people have been warned. Now we have a commission going out and saying, you owe $100.00. Atty. mentioned that’s why he brought up the code enforcement officer.

Mrs. Wilson said we had a special meeting, the shade tree likes to have hands on, it was mentioned at the last meeting that it should be put in the ordinance. We met and there was a lot of questions like you just asked. The meeting was long. This is just what we came up with, its up to our solicitor to do the proper wording. Atty. said if it’s a tree then a remedy for repairing for that as opposed to cleaning up the garbage, you have to show the borough you have cleaned up your garbage within 30 days. In this instance it would be your trees are in violation of this ordinance, you have to rectify that within 30 days, instead of if you don’t we are going to take you to the magistrate, it will be if you don’t by ordinance we are going to cut it down and charge you. If they cut it down and do a good job, no harm no foul. Mr. Smith said they can get their own service if they want. Mrs. Dougherty said $100 an hour is cheaper. Mr. Markey said we aren’t cutting trees, we are trimming them back, the branches. Mrs. Wilson said we do have a few places that it has to be cut back, is the Shade Tree to give the code enforcement officer those addresses? Atty. said yes just like he relies on the eyes and ears of the Borough which is the police dept. to tell him roofs that are caving in, garbage. Mrs. Wilson said because we were going to do the letters, town wide letters. Solicitor said in the sub section in tree trimming is to describe the process of code enforcement so people will know what is going to happen and what the steps are. Mrs. Wilson said on section 5, C – We were going to put in our letter that is going out, section C, to notify everyone in town that they are not to touch their trees or cut the tops of them without permission or if there is obstruction, severely damaged. We have some people cutting them to the inch of their life. Mr. Napoli asked if it is their own personal trees. Mrs. Wilson said no the greenway, their own personal trees she is not worried about except in some areas there is no greenway and their trees come out into the road.

Mr. Markey said you are sending a letter in town to everyone in town about the ordinance. Mrs. Wilson said no Ordinance Section C that they are not to top a tree or cut back a tree. Mr. Markey said the trees that belong to the Borough. Atty. said in the greenway. Atty. said if we are going to amend or alter the ordinance why not take the extra step and just review the whole thing and make sure there is no other changes that you want, pass it and then send out a letter with a new ordinance. Mrs. Wilson said to every house? Atty. said well you are sending a letter to every house. Mrs. Dougherty said to put it in the newsletter. Mrs. Wilson said if the Shade tree plants a tree we cut it back and prune it. We ask everyone when we plant a tree, we ask everyone in town to water it and if they want to fertilize it, but that doesn’t always happen. We usually prune the trees, we take it upon ourselves, the shade tree.

Mrs. Wilson said because it was a special meeting last night, the Shade Tree has a meeting the 1st Tuesday in April and they will discuss the donation for the gym floor. They will donate, but they will discuss how much money and you will get a letter from them with the donation amount on it.

April 8, 2018 is the Events Committee meeting and they are going to bring it up at that meeting to get approval.

Handbook: Mrs. Wilson said we didn’t meet, Mr. Smith was away and she wants him at the meeting. When Mrs. Stephens come back they will have a meeting about the handbook. Look over it and anyone else on council if you have any problems or anything you want to change with the handbook we will be meeting in April. Mrs. Wilson said she has everything with DPW the beginning salary and salary top but we need that for the police officers also. We don’t want it to general but it doesn’t have to be terribly to the dot too, she will talk to the Chief about that.

Lazy Duck Race: May 28, 2018 Memorial Day $5.00 donation for a ticket, only 400 sold.

Shade Tree Commission: A letter will be given to council on April the 5th for approval. Clean up month will be April 23, 2018 to May 25, 2018 – involve everyone in Jermyn, clean the sidewalks, curbs etc.

April 27, 2018 Arbor Day – at 6:00pm in or around that week, the girl scouts usually plant the tree. There will be a ceremony. It will be in the letter to be announced

Shade Tree Commission and Borough Council will be sponsoring an annual town wide yard sale on June 2, 2018 and June 3, 2018. All items must be on the property of the property owner and must not interfere with pedestrian or traffic flow. Rain date June 9 & 10

Events Committee– annual concert July 8, 2018 6pm to 8pm.

Mrs. Wilson said all of what she mentioned pertaining to Shade Tree will be in a letter for next meeting, for permission.

Finance:Mr. Smith said we went through the budget and the Borough will donate $500 to the gym floor, $200 will be coming out of the recreation and $300 will be coming out of administration. Mr. Napoli said who is we? Mr. Markey asked who met. Mr. Smith said Mr. Kulick asked him to go through the budget to come up with some money for the floor. Mr. Markey said the recreation commission already pledged $1,000 out of our own bank account. Mr. Smith said he did not know that. Mr. Smith said he wont take it out since they are already doing $1,000.

Sound System:Mr. Kulick said we only have 1 quote for a new sound system. It is $4,400.30. He doesn’t think that is going to happen this year. Mr. Markey said he thinks we might be able to do this purchase and installation in house, a lot cheaper. Mr. Markey asked the mayor to look into and start researching some different sound equipment. We were talking about putting speakers in the drop ceiling so people back there can hear and replacing the amplifier, microphone system and getting the stereo speakers out of here that we don’t really need. Mr. Markey said he thinks we will be able to do it cheaper. Mr. Rood said he has two or three in ceiling speakers he would donate to the Borough.

New Business:Mrs. Dougherty said she is not sure if some of these things are being done now, do we ask non-profits for payment in lieu of taxes? Mr. Markey said we do not ask. Mr. Markey said we have got them from the County from Henry Dr. I know we don’t ask, we don’t send any letters out.

Mrs. Dougherty asked the solicitor if he is familiar with franchise fees for the utilities. Atty. said no yet but what would we need to know. Mrs. Dougherty asked if it is something we can look into. Atty. asked if there are specific properties. Mrs. Dougherty said it would be for the utility companies, its generally 5% of their revenue that goes back to the municipality for the use of the right of way, the space that they are using.

Mrs. Wilson said the first phase for the Hometown heroes is coming to a close. We are going to pre-order the brackets.

Mayor asked Mrs. Wilson if she can get dimensions for the banners so we can start putting them up. She is hoping they send a sample.

Mrs. Wilson said she would like to have a ribbon cutting on Memorial Day before the parade. The parade starts at the convenient on Main.

Mr. Markey asked what we can do with 577 Washington. Atty. said he will look at the rental issue and the health and safety portion. We got that first round out, now we are going to be working on the second round.

Mr. Markey asked Mr. Kutch if he was able to take a look at Mr. Monahans Property on Division. Mr. Kutch said Tony was there.

Mr. Kulick said when we next meet, it will be through March which means the next round of non paying garbage people will not be getting their garbage picked up.

Basil Kleha asked if the planning commission can change their meetings to the 4th Tuesday of the month. Mr. Markey asked if it has to be advertised. Atty. said yes if its available for public attendance.

A motion was made by Mr. Napoli and seconded by Mrs. Wilson to adjourn the meeting at 9:30pm. All in favor; motion carried.




Minutes 3-1-18

Minutes 3-1-18

Jermyn Borough

Council Minutes

March 1, 2018

The Jermyn Borough Council held a council meeting on March 1, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.

On roll call present were: Frank Kulick, Dan Markey, Kevin Napoli, Joseph Smith, Cynthia Stephens and JoAnne Wilson. Also present were Mayor Fuga, Atty. Aquilino, Ray Rood and Bob Chase. Absent were: Krysten Dougherty, KBA and Evan Samuelsen.

MINUTES:A motion was made by Mr. Markey and seconded by Mr. Napoli to accept the February 15, 2018 meeting minutes; all in favor, motion carried.

Public Comment:Katelyn English- Lackawanna County Community Relations Coordinator

Advanced Severe Weather Topics and what to report to National Weather Service and Emergency Weather Management class – Tuesday May 22, 2018 at 6:30pm at the Lackawanna County Public Safety Center.

Correspondence:We will be receiving our liquid fuels tax payment in the amount of $75,912.28.

Regional Planning Commission

Meeting on March 26 at PennDot district 4 from 1pm-3pm, on how to get transportation projects funded. Mr. Kulick said somebody should go to that if anybody can. Mr. Markey said the DPW can go. Mrs. Wilson said she may be able to go, it may involve Shade Tree in some form.

Mr. Kulick said we received another invalid and incorrect bill from our previous solicitor. He already told us it was sent in error again. It is taken care of.

Mr. Celli Issue/ Alleyway:Mr. Kulick asked if we have any follow up for Mr. Celli’s issues. Mayor said him and Mrs. Wilson met with Mr. Cerminaro and we discussed the tree issue with him and what we came out with after the meeting was that he wants to keep the trees. The deal we made him with was that we are going to trim the trees, not take them down and in turn he is going to redo the alleyway. We are going to supply the milling and he is going to supply the equipment and the operator to do it. He has a dozer and a big roller, when it is all said in done, if we put the millings in there very thick and he can angle the water away we will be in good shape down there for the water problem in the back. He did say he will cut where his fence is, he will cut a spot so water will go and kind of shed onto his land, he has no problem with that. That should take care of it. Mayor said he is nice to work with, he is all about the community and had no problem. Mrs. Wilson said he will contact the Mayor when the weather breaks. It will not be immediately. It will be when the weather is good.

Mr. Markey said he had a couple of other issues and he voiced them at the last meeting. One of his issues was that he was saying that he was told we wouldn’t pick up his trash but then we were charging him a garbage fee. After looking into that, years ago the former council was having all businesses get dumpsters and then he never got a dumpster. One of his issues is that he said is overdue on his trash fee but yet we won’t pick up his garbage. Mr. Markey said he needs to realize is number one if you don’t have a dweller in your apartment building and you pay your fee and then you get that notarized affidavit at the end of the year, you will get your money back. Maybe we need to communicate that to him, he is not here tonight. We will have to let him know that.

Mr. Markey said also, Mr. Kulick said he is on the list for garbage. Mr. Chase said he sent him a letter at the end of February in regard to the signs that he put up which he has not received a zoning application from him. He sent him a letter stating that he has 7 days to apply for a permit or apply for a zoning hearing if he wants to fight it but he has not received a letter or phone call. His next step is going to the magistrate. Mr. Kulick asked if he had any feedback on the other ones. Mr. Chase said he had 4 issues, the hair salon, he spoke with them and there was a misunderstanding they didn’t think they need one if it wasn’t done in the front of the building, they were more than happy, they came to his house and gave him the application. They took care of it within the hour, it is taken care of. Mr. Bomba received a letter, he called Mr. Chase almost immediately. He has not called him back yet. He will talk to him, he sounds quite reasonable to speak with and doesn’t anticipate any issues with that. The shed on the corner of Franklin/Madison, he has not received any correspondence with regard to that. Each of those, except for the hair salon including Floyd was sent a letter through regular mail and certified mail.

Mr. Markey said another problem was the water on his sidewalk. We discussed a couple different options there that might be of help but I think we have to continue discussing that because it is everyone’s sidewalk. He still has a question about responsibility there because the borough put in the sidewalks and he understands that they are now in front of now what is his property. It wasn’t his property when we did put in the sidewalks and now the sidewalks are taking on water. Mr. Markey said he doesn’t think that anything has changed. Mr. Markey asked Mr. Rood how long the sidewalks have been that bad. Mr. Rood said it was a situation there that we did bring Mr. Kutch up when we were doing inspections. The day it was like a swamp was when PenDot goes and plows the snow to the right, they have no place to go with it. His driveway wasn’t plowed and the collection of water in that area. They shovel the sidewalks and goes in the greenway and when it rains or melts it has no place to go because there is a pile of water going into the driveway and a pile of snow on the other side of the driveway, it has no place else to collect. It can’t get to the drains into the greenway because the shoveled snow is in the greenway. Mr. Markey asked if it happens in the summer time. Mr. Rood said just with snow, he drove by tonight and it’s not happening. Mayor said it is just the winter time. Mr. Rood said unless we get a really heavy rain in the summer, under normal circumstances it doesn’t happen. Mr. Smith said he talked about water turning into ice into his garage. Mr. Chase said that always did that. Mrs. Wilson said he has also put a new sidewalk in by his front door, didn’t he rip that up. Mr. Markey said he did the whole driveway. Mrs. Wilson said its sort of slanted, the sidewalk. She thought he dug up in front of the door, not the sidewalk and it looks like it’s a little slanted and that’s fine.

Mr. Rood said it should be slanted going into the greenway, there wasn’t any water laying in that area it was laying in the driveway area; the problem area. Mrs. Wilson said this spring we will be trying to get the pavers to put in front of Wayne’s, his place, Dominick’s, Post office and maybe the bank. Mr. Rood asked what the pavers are for. Mrs. Wilson said the greenway so that in the greenway where there is heavy traffic, it is going to be grass but there are the plastic heavy duty geo grids. We will have to dig down a little, not far but there is gravel, sand, top soil and these will fit into all of that. We plant the grass and then we cut the grass but you can run over with the truck. Mr. Rood said to make sure whatever drains are in the greenway the water will still go down the drains. Mrs. Wilson said it should.

Mr. Napoli said he went back into some of the minutes from previous meetings and March 12, 2015 Mr. Celli came and it was stated in the minutes that it was decided that J. McDermott, J. Smith and Bob Parks and Atty. Nichols would meet April 1 with a state rep. and Pen Dot to discuss Mr. Cell’s issues. Mr. Napoli asked if that ever came through. Mr. Rood said Pen Dot told them that it was not their problem. Mr. Smith said it wasn’t the Borough’s problem. Mr. Napoli said so it was basically the homeowner’s problem. Mr. Smith said that was Larry’s market correct? Mr. Rood said yes. Mr. Smith asked if Larry ever had problems? Mr. Rood said not that he ever remembers. Mr. Smith said he was trying to go back in time and he knows Rock Bottom went back there and tried to do something with the land to alleviate some of the water problems. That was not to his satisfaction. Mayor said they have been through there after a heavy rain in that alleyway and he doesn’t know what he is talking about. Once in a while it will puddle up but not to the point that he was getting flooded out. Mrs. Wilson said if Walter Avery was getting flooded out then he would be but Walter said it never got inside his garage and Walter is lower. Mr. Markey asked if anybody has ever seen the inside of his garage. Mrs. Wilson said she has gone twice but no one was there. Mr. Chase was in there before he bought it and he remembers the alley was higher than the floor of the garage when he was there, that was going back quite a few years. Mr. Markey said if you have problems 2-3 years ago and you came to a council 2-3 years ago with those problems and you are coming back and regurgitating the problems you have, 5 out the 7 council members are new, new secretary and 2 new solicitors since, he doesn’t understand exactly, especially if you do not have the problem anymore why are you showing up. Talk about the problems that you still have, don’t talk about the stuff especially if its fixed. He is sitting here saying how many of you guys can say you’ve slipped on ice inside your own home before, are you still having the problem? It doesn’t sound like he is still having that problem. The other thing, plow your driveway that is where it seems to me that is where the water runoff is coming from. Mr. Rood said the best scenario would have been if he put a drain across there.

Mr. Napoli said if its driveway that’s the issue then that’s not our problem. Mr. Rood said you are correct but he doesn’t think it’s always the driveway. It’s a part of PennDOT and the way they plow.  Mr. Kulick said why would he spend the money to go concrete the driveway. Mr. Napoli said he is here 26 months and he has not come to us once with any issues he has had, if it was this big of a deal, why are we learning about it over 2 years after we have all been here. Mayor said that is a low spot in there, he’s sure that’s why it holds water. Mr. Kulick said if he has any other issues he can come back to a meeting.

Yard Sale Ordinance: A motion was made by Mr. Markey and seconded by Mr. Smith to pass ordinance #10-2018. All in favor; motion carried

Callahan Park Ordinance:A motion was made by Mrs. Wilson and seconded by Mr. Markey to pass the Callahan park ordinance. All in favor; motion carried. Mr. Markey said we raised the fines and clearly defined the definition of tobacco products and we outlawed the use of all tobacco products including vaping.

A motion was made by Mrs. Wilson and seconded by Mr. Napoli to repeal any and all existing Callahan Park ordinances other than the one we passed tonight. All in favor; motion carried.

Junior Council:Mr. Kulick said it is time we officially notify Evan Samuelsen that he is no longer a junior councilman. Mr. Kulick said they have a newsletter in the school, he thinks we should ask whoever is in charge of that to put something in the newsletter that any junior interested in applying for a junior council to submit a letter to council. That way at least we know they have an interest instead of us looking for them. Mrs. Wilson said it is usually the guidance counselor and we contact Mr. Stachura. We have nothing to do with the selection. One of the jobs of the Junior council is to help with the seeking of a replacement.

720 Lincoln:Mr. Kulick said we got some correspondence from the County. The county said it was not the County’s problem. They were going to further look into it with the sewer authority. Mr. Markey said he thinks all of his problems are groundwater. Mr. Napoli said Tony Grizzanti was here at the last meeting and we point blank asked him, there is nothing wrong with the pipe, there is nothing wrong with the drain, that is ground water that is coming up through the basement and that is not the responsibility of the Borough. Mayor said if you look at his house, he has his leaders going into the ground from his gutters. We do not know if they are going into his sewer or are they just going into the ground and could there be a pipe going to the backyard that could be plugged.  He is thinking there is more an issue and its more his issue. Randy Parry asked when the Rosmelia’s lived there was a problem in the basement then. Mayor said yes, probably the same problem back then too.

Sound System:Mr. Kulick asked if we had any quotes on the sound system. Mayor said now we have to really look at a whole sound system, we were just going to look at speakers but now that all changed. Mrs. Wilson said this was left on and she remembers two weeks ago she shut it off. Mayor said nothing still works on the system itself. Donna Stackel said it is long overdue.

Sewer:They have not come back yet to camera it, he got a little busy. Mayor said assuming with the snow it will be a couple more days. He will get back with us and camera the system that is there and just see what the issue is. It did get flushed out, it is all cleaned out and right now it is flowing. What is causing all the problems, we still do not know until he gets the camera in it. Mrs. Wilson asked if this is Old Mill Rd. Mayor said no Bacon and Garfield.

DPW Building:Mayor said we sat down with Tony Grizzanti and told him what we were looking for. Four walls, a roof and a floor. Simple, nothing fancy. They are going to get the process going for the loan. He knows where we stand and a rough idea on what we are looking for now. Mr. Markey asked Ray Rood if he said when the Crystals built a new building, was he dealing with Chuck Garnett from the USDA. Mr. Rood said no, the one who they dealt with retired and Chuck took his place. Mr. Rood said you cannot refinance that loan. Mr. Markey said he doesn’t think we would necessarily need a 40-year loan. Mr. Kulick asked if you can prepay it. Mr. Rood said yes but you can’t renegotiate to a lower interest rate.

Rental Permit:Mr. Kulick said we gave everybody extra time and he believes we still have about 24 people that have not paid their rental permit fees. The solicitor/code enforcement officer will begin issuing citations to those people. Mr. Kulick said we actually gave people an extra 30 days.

New Business:

 Gym Floor Grant:Mr. Markey said Mrs. Dougherty couldn’t make it tonight but she did ask me to bring this up and Randy Parry was kind enough to bring some paperwork to us as well. She said she needs a motion tonight for a resolution to apply for a grant for the gym floor before we can submit the application. Randy Parry said it is through Act 13 grant program. If we can have the motion passed tonight for the resolution then we will be able to have the application submitted after the next grants committee meeting, which is 1 week from tonight. It’s the greenways and Trailways grant for gym floor renovation. If the motion is passed then Mrs. Dougherty would also like to propose that we send a letter to the various Jermyn committees and organizations that use the gym, asking if they would donate towards the match. Any amount helps. She would like to request that they reply by march 14 so the application can be submitted timely. Lakeland Youth Basketball has already committed to donate but will get back with an amount after they close out the season. The match will be about $7,000-$8,000 which is 15% of the grant. Randy has been going back with Jeff Cavanaugh at Senator Blake’s office. Randy said a director met and was told that if we apply then we are pretty much in but it is a 15% match. Lakeland Youth basketball, we are probably looking at $1,000-$1,500 to donate, depending on final expenses. Anything that the other organizations can give, he doesn’t care if its $100, whatever they can give. Randy said he knows we won’t have a problem covering the match. The act 13 program, the application period opened up earlier this month and runs through the end of May so funding would become available later this summer. Mr. Kulick asked if we can make a contribution to this cause. Mr. Smith said he will look at the budget and go through the line items. Mr. Markey said on Mrs. Dougherty’s behalf he would like to make a motion to allow us to apply for the act 13 program to redo the gymnasium floor, seconded by Mr. Napoli. All in favor, motion carried.

A motion was made by Mr. Markey to allow the secretary to send a letter to any and all organizations that use the gym asking for donations for the 15% match, seconded by Mr. Napoli. All in favor; motion carried.

Shade Tree:Mrs. Wilson would like a motion to allow the DPW and Bob Speicher to go to a pruning for professionals, to be held at the University of Scranton from 9am-3:30pm March 22, 2018. It is during the week on a workday. The Shade tree will pay the registration fee of $40 per person and their lunch. Mr. Markey said he doesn’t think we need a motion, they are not out of work they will be punched in, they will be out of town but they will still be working. It will be Bob Speicher, Tony Fuga and Joe Esgro attending.

Time Clock:The computers in the officer were upgraded which caused the time clock software to stop working because it is outdated. We are currently without a timeclock. We could go with WePay which would be $2/ per employee that punches in for the month. It will be a web based system, no timeclock. Mrs. Wilson said the reason the time clock was put in because there was discrepancies, people were signing in and signing out for other people. That is why it was put in so if people can share their passwords that was the problem, before it was a different system. Mrs. Wilson said she is just stating that is why the time clock was put in. Mr. Markey said you are ahead of the handbook committee, make it illegal on grounds for termination. Mr. Napoli that should be with the policy is, if you are to share your login information with any other person, you are terminated on the spot. Mrs. Wilson said that is why this time clock was put in. Mayor said that is correct. Mrs. Wilson said you would think the trustworthiness would be there but apparently it wasn’t. Mr. Napoli said any place that has that kind of system it is a policy that is built in and it is automatic termination if somebody else is punching in for you. Mrs. Wilson said she will put it in the admin. Handbook. She is not accusing anyone but that’s why it was put in.

Randy Parry asked if council would be subjective of someone coming in and getting the old clock working in the gym, we possibly have somebody. Mr. Markey said no one would be opposed to that. Randy said he just wants the challenge. Mr. Markey said we won’t get a bill for it. Randy said no. Mr. Napoli said then absolutely.

Mr. Smith said back to the time clock, he asked the borough secretary when we do whatever is decided tonight, we have to call Mercer up because we pay them a year. They will take the clock back.

A motion was made by Mr. Markey and seconded by Mrs. Stephens to use WePay for time clock purposes and to contact Mercer to remove the old time clock and void the contract. All in favor; motion carried.

Woodlands Sewer Grant:Mr. Kulick asked where are we at with applying for additional money. The original grant we received $140,000. We had applied for more than that so we are only getting $140,000. Are we getting the rest of the money or we scaling back the project, they want to know what we are going to do. We are saying we are thinking about using that as matching funds for a new grant, which we do not know if we will get. We think we will. Mr. Markey said we meet next week for the grants committee. Mr. Markey said the borough secretary reached out the supplier of the LSA grant to verify that we can use that as matching funds and reached out to the administrator about the new grant that we are applying for and they said it was a 500,000 cap and if it was over 500,000 then we would have to find a new project. The actual project itself couldn’t be over $500,000. Who is contacting us saying what we are going to do with the money? The LSA. We want to go out for additional money for phase two of the project, we talked before I don’t know if we made a motion to camera the entire system down there and see what is broken and see where we can start fixing. Mrs. Wilson said she doesn’t think we made a motion on that. Mr. Kulick said yes. Mrs. Wilson said we may have said we are going to do it but whether there was a motion I don’t know. Mr. Markey said we were going to use the grant money towards that, to camera it. Mr. Kulick doesn’t see a time frame in this one on when we have to use it by. Mr. Smith said he think it is important we get back to the 140,000 grant and tell them that we are going to use that money. Mr. Markey said he does have an email from the borough secretary from back in Feb. and it said and attached KBA’s overall estimate and phase 1 and it said which one are we putting for and we are using the 15% from the $140,000. Mr. Markey said he does not know if anyone got back as to which one we want to do. Mr. Markey said the email that the DCED sent to her says there is a question in regards to the grant, the maximum we put in for is 500,000 with a 15% match is the match included in the grant amount or would it be $5000,000 plus 75,000. They said the total project costs cannot exceed is 500,000, the most you can request is $425,000 with a match of $75,000 if you get any change orders that increase the total project costs over $500,000 or any costs that increase the total project cost over $500,000 then the project becomes ineligible and you have to pay back any funds that have been disbursed.

Mr. Markey said he thinks that the email right there answers the question which one we are putting in for because if it can’t exceed $500,000 and we can’t put in a request for any estimate of $649,854.00. We have to do the one for $256,344.90. Then we get back to the LSA and say ok we are applying for another grant with the DCED using this as matching funds to complete our original request we put into you for the $256,xxx. Mr. Smith asked if the DCED grant is for $500,000? Mr. Markey said the project cannot exceed $500,000 so we have to be careful, if we are budgeted for $450,000 and then we found this problem or that problem then we exceeded $500,000 and we lost all of our money. Mr. Smith said exactly. Mr. Markey said he thinks we are safer if we stay with this phase 1 price of $256,xxx. Mr. Smith said and complete the phase 1 in entire. Mr. Markey said and then we use a portion of the $140,000 to use as a match for the DCED and then we report back to the LSA, we are not scaling back our project we are looking for additional funding through the DCED. Mr. Smith said exactly and we will have more of the $140,000 grant there.

Mr. Smith said he thinks the way we predicted the different phases, he thinks that is a good way to go if we are not going to request the $500,000.

Mr. Kulick said they are asking where are we getting the rest of the money or are we going to scale it back to $140,000. We scale it back to $140,000 and apply for the $500,000 and if we get it lets borrow $75,000. Mr. Smith said we can have KBA to include to camera the system. Mr. Markey said if we scale back, how are we going to scale back? Mr. Kulick said we will do the repairs on the sewage and will not do any paving, we will camera it and repair. When we apply for the $500,000 and if we get it we borrow $75,000 and fix the whole thing. The chances of us getting another grant next year and the year after that is slim.

A motion was made by Mr. Kulick to authorize KBA to scale back phase 1 to $140,000 and apply for DCED grant of $500,000. Seconded by Mr. Smith, all in favor; motion carried.

Business Permits: Mr. Kulick said if Bob chase was to open up a business in town doing anything, let’s say he was going to open up a gun shop, what kind of permit does he need from the Borough? Mr. Chase said it is a use permit, a zoning permit is not something just for structures and signs, you also need a use permit. It has to be a permitted use. Technically they don’t need a permit to have it but it just has to be an approved use. Mr. Kulick said a business in this town, you can grandfather businesses that are here, a new business in this town that wants to open up a business should have to have a business permit. Almost every town you have to have a permit. Mr. Chase said our book is not updated very well, that’s all that is in there that its retail sales.

Randy Parry asked if a property in Jermyn becomes vacant for 1 year calendar year is there anything on the books that says that the property needs to come up to code with plumbing, electric, etc. He is under the impression that Dunmore did and it was working. Ray Rood said they have to make the code more restricted. They Borough can do it on their own and make it more restricted he doesn’t think it is under the Property Maintenance Code. Mr. Kulick said we have issued with a lot of properties in town, not necessarily vacant ones. Randy Parry said it prevents properties becoming worse than they already are. There are a few in Jermyn. Mr. Kulick said it is something to look into. He would like to have the solicitor look into it and as well as the business permits.

DPW Cutting Trees: Mr. Markey said we talked last meeting about inserting about reasonable and customary fees if the DPW was going to be forced to cut back limbs and trees. He did a little research and a lot of the tree trimming services told him they charge by the job. They come out and they give you an estimate. Obviously that wouldn’t be feasible for us to put into an ordinance. He thinks the idea here is giving the resident or the property owner a choice, you either get this done on your own or we will come and do it. We don’t want to give them the plan B option, or otherwise these guys are going to spend 40 hours a week cutting down trees. It’s probably a good idea if we write into that ordinance the amount of $100 per hour. Mr. Chase that is cheap. Mrs. Wilson asked for the two of them? Mr. Chase said he would pay that. Mr. Markey said $100/hr? Mr. Chase that is cheap, two guys, machines, equip, truck, climbing gear, chainsaws. Mr. Rood said they will only be trimming them back. Mr. Markey said we aren’t taking them down, it is for line of sight issues. Mr. Markey asked if it has to be in an ordinance. Mrs. Wilson said she will get the ordinance. Mr. Markey asked if the ordinance has to be updated with anything else. Mrs. Wilson said she look at it at their next meeting. Mr. Markey said he wouldn’t even say it as a service you can use the Borough, he would say if these aren’t cut within 30 days the Borough is going to come and do it with a bill for $100/hr. We are looking to have people take care of their stuff on their own and if they don’t we want to make sure the Borough is compensated for the services that we are providing.

Display Case in Hallway:Mr. Markey asked who owns the case? Mr. Rood said it was made by Bruce’s brother in law. Mr. Markey made a motion to allow the secretary to write a letter to the Historical Society telling the Historical Society to come and get the case within the next 30 days or else we will get rid of it, seconded by Mr. Napoli. 4 yeas – 2 no. Mrs. Stephens said we need to talk about this. Mr. Smith asked what the problem is with it. Mr. Markey said it’s an eye sore number one and number two it is taking up a lot of space, we can put a lot more nicer cases in there to display our things. If the Historical Society wants it, let them take it but we have better use for the hallway. Mrs. Stephens thought it was because they display their case but if the case is that bad. Mr. Napoli said he is afraid someone is going to break that. Randy Parry said the kids running through here for basketball. Mr. Markey said it is a safety issue, we can put display cases mounted on the wall. Randy Parry said he does see people looking at the cases inside. Mr. Napoli said we aren’t saying to get rid of that stuff but it needs to go because something more safe needs to be there. Mrs. Stephens said so it’s a safety issue. Mr. Markey said its 20ft long and you put stuff in that case and people have to look down, you can’t even really see it that well, I think if you put something nice, a couple nice shelves on the wall. We will throw a fresh coat of paint on the walls and make everything look nice. We will make this place look presentable. Put some nice shelves up here that are eye level. Mrs. Wilson said shelving unless they are enclosed. Mr. Markey said they will be enclosed. Mr. Napoli said so no one takes the stuff. Mayor said we won’t have to worry about any kids breaking them, they can be eye level. They are off the floor so no kids will run into them. Mr. Markey said once this is gone we will have plenty of room to do it. Mr. Smith said he agrees 100% because it’s a safety issue a lot of the times the kids running in that hallway really worries me because of the glass involved. Mr. Smith said he will be against putting any type of thing up there because even if you put something higher someone hits their head on it so we have to be very careful of anything that is going to go out into that hallway. Mr. Markey said it will not come out nearly as far as the glass case. We will present to council with replacement ideas.

Motion by Mr. Markey and seconded by Mr. Napoli to allow the secretary submit a letter to the Historical Society asking them to remove the case within 30 days for safety reasons, all in favor, 5 yeas, 1 no. Motion passes.

Mrs. Wilson said we have no control over kids running unless there is a supervisor and there should be one with children. It is not a safety hazard because they have bought those things for the corners, one side is not a safety hazard because you have the soda machine. The other side is. People come into the community center and we have our voting registration, absentees, things for the Borough residents can pick them up there. Mr. Markey said we can mount something like that onto the wall.

Loans for New Dpw Truck and Parking Lot:Mr. Markey asked if we need a motion to seek loans. Solicitor said yes. Mr. Markey said we do not need an ordinance? Solicitor said no, just a motion.

Mr. Markey said we have to pay upfront before we get paid back. Mr. Markey said for those that didn’t hear him the last time he said it, it makes sense for us to go out for a loan for the DPW truck because we already know we are getting it, it is already ordered. We just have to pay for it upfront and get reimbursed with the grant money, same thing with the parking lot. If we take those two projects and wrap them up into one loan and then whatever we are going to do with the sewer. Mrs. Wilson asked if we have the $50,000 already? Mr. Napoli said no it’s a reimbursement. Mr. Smith said he is not sure of the legality of it, we have to go to the state when we have to take out a loan and what they do is that they tell you if you can and how much you can. Mrs. Wilson said remember when we went out for the roads, we had to petition the state.

Mr. Markey made a motion to allow the solicitor research and find out if we do need to get permission from the state and if so seek permission from the state to borrow funding for the parking lot and for the 2018 DPW Truck that we are getting both from LSA grants. Solicitor asked the total, Mrs. Wilson said $50,000 for the parking lot, Mr. Markey said total $132,xxx. He will get the exact amount. Seconded by Mrs. Wilson; all in favor, motion carried.

Mr. Kulick said that is the most ridiculous thing that exists, that they are giving you grant money and you have to go borrow the money to get it.

Code Enforcement Forms:The code enforcement officers made new forms. Mr. Markey asked if anybody has got back to him yet. Atty. Aquilino said no. They will go to the property owner.

Pension Plan:Atty. Said Chief Zellers’ widow is questioning whether or not she is entitled to any vested balances in the pension plan for death benefits for her survivors benefits from the pension plan. The plan administrator and the solicitor have discussed it. From her interpretation is the same as his, is that he didn’t have the vested benefits at the time he retired. He was about 4 years short of vesting, his vesting date would have been July 2019, he would have had his 24 years in, because he wasn’t entitled to any benefits there are no benefits to pass on to the surviving widow so that takes care of the vested part and then the plan itself didn’t provide for any death benefits.


March 24th 2018 – Breakfast with the Easter Bunny 9am-11am Crystal Fire Co. sponsored by Jermyn Youth Baseball/Softball.

March 24th 2018 – 10am Annual Easter Egg Hunt sponsored by Jermyn PD, Knights of Columbus and Lions Club.

Artisan Fish Dinner March 30, 2018 at noon until sold out

A motion was made by Mr. Napoli and seconded by Mr. Smith to adjourn the meeting at 8:53pm. All in favor; motion carried.




Minutes 2-15-18

Minutes 2-15-18

Jermyn Borough

Council Minutes

February 15, 2018

The Jermyn Borough Council held a council meeting on February 15, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.

On roll call present were: Krysten Dougherty, Dan Markey, Kevin Napoli, Cynthia Stephens and JoAnne Wilson. Also present were Mayor Fuga, William Aquilino, Ray Rood and KBA. Absent were; Frank Kulick, Joseph Smith, Atty. Moran, Bob Chase and Evan Samuelsen.

Mr. Markey asked everyone to remain standing for a moment of silence for the 17 victims at the Florida shooting.

MINUTES:A motion was made by Mrs. Wilson and seconded by Mr. Napoli to accept the minutes of February 1, 2018. All in favor; motion carried.

TREASURER’S REPORT:General Fund $125,791.95, Recycling $5,673.40; Refuse $58,342.07, Investment Liquid Fuels $53,678.70. Disbursements from January 19, 2018 to February 15, 2018 including 2 periods of payroll $71,559.35. Deposits $41,361.03.

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

Mr. Markey said before public comments we have something that is more urgent that we have to take care of.

Correspondence: Mr. Markey read aloud a letter from Lawrence J. Moran Jr.

Mr. Markey said we do have in the audience tonight, someone who put in for solicitor position back when we were receiving letters of intent.  Mr. Markey said it is his position that once we vote to accept the letter of resignation, we move into an immediate executive session to interview the applicant.

 Resignation: A motion was made by Mrs. Wilson with sincere regret to accept Atty. Moran’s resignation. Seconded by Mrs. Dougherty; all in favor, motion carried.

Council went into executive session at 7:05pm. Council reconvened at 7:16pm.

Solicitor:A motion was made by Mr. Napoli to offer the position of solicitor to William Aquilino Esq. seconded by Mrs. Stephens. All in favor; motion carried.

Mr. Markey read aloud Atty. Aquilino’s letter of intent. Amended motion:

Retainer of $400/month and $200.hr in the event of necessary court cases in his role as solicitor. All in favor; motion carried.

 Mr. Markey said he wants to let everyone know that at our last council meeting we were in receipt, just before the meeting came to order, Mr. Kulick opened a letter from Joyce Carmody and Moran with a bill for services in the amount of $5,376. We did ask retain from Atty. Moran, that bill was sent in error, he keeps record of hours for his other lawyers for tax write off purposes. That bill was never intended to go out the Borough of Jermyn, while he was away, that bill got sent to us. When he returned he did tell us to disregard that bill. That bill is to be discarded.

Public Comment:Floyd Celli-642/648 Washington Ave. – He has bought a property about 4 ½ years ago and between both properties he put in about $300,000 into the community. The two eyesores are getting cleaned up. He was here about 4 years ago and attended 17 council meetings in a row, asking for relief for a lot of different things. Mr. Celli said the inspection company that the previous council hired was inadequate for the Borough and we continued to hire them. 17 months, he couldn’t get a permit for his building and was without a paycheck for 17 months. He still has front water issues, the last storm a puddle in front of his property is an ice skating rink. The garage door in the back alley that he closed in to stop the water from coming in, he asked how many of you slipped on ice inside your house that is what happens to him. He asked about signs two years ago and it was brought up that the signs were going to be removed from Rushbrook because the construction was over with. He opened his gun shop, on the weekend there are no parking Mon-Fri 9-5, the weekend comes and finally opens and everyone from Wayne’s that works there parks there for 8 hours. It was never brought up again. He asked about cutting the trees down, you stop me from doing business with one of his businesses for 17 months, now you want me to stop doing business with my other business because the trees are overgrown in the alley. It’s a commercial alley; you cannot drive a truck through there. Nothing has been done.

Mr. Celli said now we are forcing him to drive on private property, that horseshoe is private property, you are forcing everybody to drive on private property. Suppose something happens on those parcels there who is going to liable, is the Borough? That you are forcing everyone to run around that horseshoe because you don’t want to cut down trees and maintain the alley, that doesn’t seem fair, it’s a commercial alley. There are more businesses on that block than there are in town and it’s the worst alley in the whole town.

Mr. Celli asked why his garbage isn’t being picked up. He was told by Debbie; he has three units and has to get a dumpster. He took his garbage for 3 years. He finally gets new cans and he can’t put garbage out because he will get a $500 fine. He calls the office and he was told he has a $268 bill for garbage that no one ever took. He was instructed to pay the fee. Today he gets a letter in the mail that he is delinquent on his garbage that we never even picked up. We want him to pay $268 for something we never even did.

Mr. Celli said he saw Bob Chase in Wayne’s Diner and he said the place looks good and he told him to stop over and pay for the permit for the sign. Mr. Celli said everybody can drive by a see sign but no one can see the puddles of ice in the front and back of the building. What have you guys done for me? 4 years, $300,000 invested in this town and he doesn’t get one thing. It’s a struggle, if he knew it was going to be like this, he would have never came here. Mr. Celli said he sees the Mayor and his associate, spreading the millings in the back from the paving project. He said that is great we are doing this; the associate said the girl in Wayne’s apartments complained about the potholes so we are filling it. Mr. Celli said so a girl that doesn’t pay in taxes and lives in an apartment gets her holes filled. What do I get? I get insulted. He said now he is at a point where he still has water in the front and water in the back; he is getting billed for garbage that we didn’t pick up. You want business in Jermyn, he is telling everyone all this now because you are all new. He is making you aware of his issues because you are a new council. Mr. Celli said he needs help. The last council setup meetings for him and he drove an hour and 15 minutes to have a meeting and the guys weren’t even here. Who’s responsible if somebody slips and falls? He said he shouldn’t have a girl that lives in an apartment get everything taken care of for a problem he complained about for 17 months in a row. Mr. Celli said he still has a lot of issues back there. That $2,000 we paid Rock Bottom, which was thrown out the window, you did in November, and it did nothing. He brought this up with the previous solicitor Al Nicholls. He said he didn’t know who was responsible for the road down there. The state is not responsible for water run-off.

It is in their guidelines, they are not responsible for surface water run-off. When the water is all backed up into his property, erodes his driveway and he has to put a new driveway in. He was stuck in his driveway; it was a sheet of ice. It’s not fair to slip on ice in your own house. Doesn’t that sound crazy? Why isn’t the alley fixed? Why is all the other alleys fixed? Why is the church parking lot fixed? Why is that so nice? Mr. Napoli asked what alley that he is speaking of. Mr. Celli said the alley way behind convenient. Mr. Napoli said you are going to tell me that is a nice alleyway in town. Mr. Celli said compared to mine it is beautiful. Mr. Napoli said he is going to say one thing and he will not speak anymore as of right now. You came in here and you said to us you said the first thing is what. You are all new here; you have done nothing but say the entire time you were here, that we have done nothing, previous councils have done nothing. I have been here for 26 months as a council member and I have never met you one time and have not seen you here one time. In the last 26 months you have not said or done a thing to make us aware that there is an issue. For you to come in here 26 months after I started here and to have an attitude with us like it’s our fault that this stuff is happening, come in here with a little respect for everybody that is up here new. Mr. Celli said to put that energy into dealing with something instead of running your mouth. Mr. Celli said you guys are all new, there are 2 he knows. If you want to take some words and twist them so it’s convenient for you for an escape. Mr. Napoli said he is stating the facts. Mr. Celli said pretend you are me; let me take your check for 17 months. What kind of respect do you show me, any of you? As a taxpayer in this town and a business’s owner, none, you do nothing for me. Pay your $25 for your sign, is that all you got.

Mr. Celli said just do your job, did you come here for you or did you come here for me? Mr. Markey said before you leave, if he may say a word. Mr. Markey said since your last visit to council, 5 out of the 7 members are new and haven’t seen you before. 2 aren’t here tonight and one has never seen you before and one has. We have a new mayor, as of tonight 2 new solicitor’s since you last visited, his point is, we do want to help; we want to try to help everybody in town. Give us some time to go back and look at previous minutes, we have a new secretary as well, we don’t have a borough manager anymore. Give us some time to go back and review the council minutes, so we can see if your concerns and how they were or were not addressed. Mr. Markey said show up at the next meeting and hopefully we will have some more answers for you. Mr. Celli thanked him.

Mrs. Wilson said the 600 block alleys, behind the church is atrocious, he is wrong on that. Also behind is. We did fix that alley with Rock Bottom or we thought it would be fixed and he is correct it wasn’t fixed the way it should be but you went back and put some millings in. Mrs. Wilson said if he looked at the minutes over this past year we have discussed it, that the 600 block alleys something has to be done because it’s the business district. A lot of the parking for those apartments could be in the back if those alleys were fixed up. It was discussed. Mrs. Wilson said if she remembers correctly, the DPW did trim those trees back. Mayor said we did trim them. Mrs. Wilson said but they belong to someone else and we are going to contact them before they sprout this spring and that was discussed at the end of the summer, things have been done but not as quickly and things have been discussed just to keep everybody up to speed. Ray Rood said about his sidewalks, the other day he went to go into Wayne’s and he parked on the Main and went to walk around and he had a hard time walking through the puddle, it wasn’t a puddle it was a lake. That sidewalk is a lake, he wishes he came before; he put a lot of money into his driveway maybe at that time they should have put a drain in the middle of the sidewalk and piped it down. Mayor asked where it is coming from. Ray Rood said what happens is when they plow there, they block everyone’s driveway in, can’t help that but what it is it all melts there. Wayne’s wasn’t as bad, his you couldn’t even see the sidewalk. That was from the end of the Wayne’s from where you go into his businesses that’s how big of a lake it was there. Mrs. Wilson said at one time, she had asked him when they met with him, we have the curb why can’t we not put a huge curb like that because it’s a driveway, and we will put a bump. Ray Rood said it wouldn’t have helped. Ray Rood said there are drains in the greenway but the way the snow was and everything else that water couldn’t even get in the greenway. Ray Rood said under normal circumstances we don’t have that problem. But when it snows and sidewalks are shoveled into the greenway, there is no place to put it, when it rains and melts it collects there.

Ray Rood said if Rock Bottom didn’t do the job the right way why didn’t they come back and fix it. Mayor said they were asked to put in modified and they did, with the traffic that goes through there. The problem with that alley way is that there is no drainage down that end. Ray Rood said if he remembers when they talked about it they said Rock Bottom could do it so they would grade it and it would drain to that other drain. Mayor said they swaled it and they did but that alleyway cannot handle what he is putting through there. Wayne’s garbage truck goes through there and residential garbage. Part of the problem is the trees because in the summer time there is a canopy and it never dries out. Ray asked who owns the trees. Council said Cerminaro. Mrs. Wilson said we are going to ask them. Mayor said every time he complained about the ice problem, there was never any water back there. We went down there numerous times. Everything that is happening there because of the traffic there is so much heavy traffic that the alleyway cannot handle it. Mrs. Wilson said the trees will be taken care of. Mayor said not to cause problems with Wayne’s but they shouldn’t have their dumpster where it is, it’s not on their property.

Mr. Art Wilson said Mr. Cerminaro told him he is glad he came to Jermyn and if you ever need anything they have bulldozers, if you have need anything contact him. Mr. Wilson told council to contact Mr. Cerminaro. Mrs. Wilson said he can grade it into his property. Mayor said if he can get rid of the trees and fence and do that, problem solved. Mrs. Wilson asked Mayor if he will go with her to talk to Mr. Cerminaro.

Donna Stackel- Can we possibly have a police officer to assist with the congregation to cross the street to come to church. We have a parking lot across the street on the blind hill on a Main St.; we did have an officer present for the past 25 years to assist with the busy traffic before and after church service at 9:30am on Sunday mornings. Lately we did not have anyone to assist the elderly parishioners that use canes to cross the street, we would appreciate your consideration if this matter, before there is a tragedy since a gentleman was killed outside of the church years ago on Christmas Eve. And there was also a same incident at the Eynon Church on Main St., we do understand if the police officer has a call that is more imperative that they answer the call. Thank you very much for your attention to this matter, respectfully submitted – Margaret Dipple – recording secretary. She is hoping to have an answer to take back for Sunday.

Mayor asked Chief Arthur if we can have an officer there. Chief Arthur said yes if they are not on calls. Ms. Stackel said she understands that. Mayor said one other thing he would love to have there, we wish we can get it but Pen Dot doesn’t ever want to seem to work with us on certain things. We have a crosswalk there but he would like to go one further. If you go through Honesdale, when they did their roads over, they have crosswalks where they have posts with bright flashing strobe lights, the pedestrian walks up presses that and the lights come on and they walk across. It catches your eye and people notice but the problem is he doesn’t know if Pen Dot would give us that. One minute they tell you they are all pro cross walks and then they don’t want cross walks, I wish we can get an answer. When he was on council when they were doing the main street project he asked Mr. Kutch why we can’t put middle in the block crosswalks in. He came back and said Pen Dot doesn’t allow that, but every community you go through they have them.

Mr. Markey said maybe they won’t do them for the municipality but maybe if the church petitions. Mayor said maybe if we work together we can get something like this and it’s a win win for everybody.  Mrs. Wilson said having the police officer there, not only for the safety of the parishioners but it also is good pr. Its Sunday morning, people see the officers out. Mrs. Wilson said she knows if they have a call they can’t be there. Even on Rushbrook when there are masses the 10:30am mass, if the police car is in that area, its good pr. Ms. Stackel on Sunday morning she can go back and tell them it has been addressed and there will be a police officer there unless there is a call. She thanked council.

Mayor:Mayor said so everyone is aware we have some people going around breaking into cars and stealing money and some valuables. If you can, please tell your neighbors to spread the word. Do not keep anything of value in your car, keep your stuff locked and keep it out of sight. Its crime of opportunity and they continue to take stuff out. The police are working on it and it keeps happening, more than likely it is probably juveniles but we do not know that. Mayor asks that everybody keeps their stuff locked up and be aware and look out for your neighbors, spread the word. Ray Rood said use common sense, lock your car.

Police:Chief Arthur  said we have the garbage person that keeps happening Saturday into Sunday, we have diverted our officers on the midnight shift to go down there on Washington by Mrs. Wilson’s house and also on dayshift on Sunday morning, that’s one of the reasons the officer’s weren’t there for church. When they are available they will be at the church traffic.

Two of our officers just recertified in the ENRAD system which is the speed machine to better help us enforce the speed issues that we are having in town. The alternate parking ordinance, we wrote about 50 tickets as of right now probably 4 tickets were paid out of 50. They have 10 days to respond to those tickets and if they don’t, citations are filed through the magistrate’s office so the fine goes from $25 for a parking ticket to $135 so it’s probably in people’s best interest to pay the Borough fine before we go to the next level.

Chief Arthur said we have had thefts out of unlocked vehicles. The new doors are in the building; currently he has the key list. He doesn’t know who else that council wants to have keys issued to.

Chief Arthur said last year we were approached by the Knights of Columbus, they do their Easter egg hunt the one Saturday and we do ours just before Easter. Last year they approached him and asked if we can combine our assets and make it a better thing by combining it. He has been in touch with him and that is what they are going to do this year. Chief Arthur asked the council for permission to conduct the Easter Egg hunt on March 24th and the rain date would be the 31st. Mr. Markey asked if they have times yet. Chief Arthur said 10am, kids up to 12 years old. The rest of the details we are working on, the eggs and candy will be donated. Mrs. Wilson said and the Jermyn Lions Club is involved in it.

The kids that damaged the damaged the picnic table and the backstop at the park, we had court with them recently and they were ordered to pay full restitution and 20 hours of community service. They will be doing that here, one of the parents he already spoke to. It is being coordinated with Mrs. Wilson in regards to conducting community service.

A motion was made by Mrs. Wilson and seconded by Mr. Napoli to approve the usage of Callahan Park for the Police Dept. in conjunction with the Knights of Columbus and Jermyn Lions club for the Easter egg hunt to be held on March 24, 2018 – rain date March 31st at 10AM with the possibility if the weather is bad to use the gym. Mrs. Stephens asked if it would be a problem with basketball. Mr. Markey said basketball is over the 1st week of March. Mrs. Dougherty said for a reference that is the same day as the baseball Easter bunny breakfast. That starts at 9am. Mrs. Wilson asked what date is that. Mrs. Dougherty said the 24th. Ray Rood asked where that is. Mrs. Stephens said the Crystal Fire Co. Mrs. Wilson suggested starting it later; they can have breakfast and then go over at 11am. Mr. Napoli said we do it at 10am every year. Mr. Markey said when we had our baseball meeting and discussing having the breakfast with the Easter bunny he advised them to stay away from the week before Easter because that’s when the police historically do the Easter Egg Hunt and he confirmed with Chief Arthur before we even had those discussions. Baseball didn’t see it as a problem to have it at the same time; they asked Mr. Markey at the meeting earlier this week to see if the Police Dept. would be willing to push their Easter Egg Hunt off until later around noon. He did talk to the Chief about it but like he said they have been doing theirs for years and its set in stone and this is baseballs inaugural year. That is up to the police department, Lions Club and Knights of Columbus and whoever else. Any other questions before we put it to a vote? All in favor; motion carried.

Fire Chief:Mr. Rood said he will have a fire chiefs meeting with the County. He wants to straighten out the street assignments so we get them all right, especially down in the Woodland area. The new box alarms are in effect. With the new solicitor we have to find out what we are doing with the new building, maybe go through the minutes and see what was said. He knows it was mentioned to put the wall up but does not know what was actually agreed on. Mr. Markey said he remembered that we spoke about allowing the siren to stay there for 5 years and allowing the fire chief to have access but it might be in the contract. It will be discussed with the new solicitor and we will go from there.

Engineer:Mr. Grizzanti-KBA sent over the estimate for the small sewer and water grant.

Code Officer/Solicitor:Atty. Aquilino provided the Mayor, Council and Chief Arthur with a list of 8 initial properties that we will take action on. One of the things we tried to do was focus on those that are either attractive nuisances been a blight for a long period of time or are a hazard to the people not only on the property but people walking around past the property. Him and Chief Arthur went around the entire Borough and highlighted 8 particular areas. Chief Arthur has been updating him on some of those properties where action has been taken by the property owners. It wasn’t necessarily because of code enforcement action but maybe they saw us doing inspections. He thanked Chief Arthur. We are going to start issuing citations this month.

Mr. Markey said Mr. Aquilino wasn’t necessarily in the dark about being appointed as being solicitor tonight as we got attorney Moran’s resignation letter a few days prior to this and we were already in receipt of his letter of intent to become solicitor. Prior to accepting the resignation tonight, Atty. Moran did have some ordinances and resolutions that we asked him for.

Yard Sale Ordinance #10-18: Atty. Aquilino said in section 5 for the violations it has costs for prosecution, if we want to amend that section. Chief Arthur said if for example they do not get a permit and we discover this on a Saturday we shut them down or fine them, is there language in there that they have it the next day is that a separate offence. Atty. Aquilino said unless the ordinance is amended, it says that a yard sale can last two days but that is a yard sale that has been permitted so his reading of this would be every day you have a yard sale it’s a new violation. A motion was made by Mrs. Wilson and seconded by Mr. Napoli to allow the solicitor to advertise yard sale ordinance #10-18 with the addition of the words in section #5 under violation $300 plus prosecution costs for the third offense and in any offense thereafter. All in favor; motion carried.

Resolution #9-18: Resolution allowing local municipalities to use the same speed enforcement as the Pennsylvania State Police.

Callahan Park Ordinance #8-18: Mr. Markey said is the Callahan Park Ordinance; we are repealing the old Callahan Park Ordinance and putting the new one into effect. The new ordinance will be listed on our webpage. Mr. Napoli said in #5 it says animals but in #7 it has supervised pets. A motion was made by Mrs. Wilson and seconded by Mrs. Dougherty to allow the solicitor to advertise Ordinance #8-18 Callahan Park Ordinance with removing animals from sec 3 – #5 under regulations and removing animals and adding pets to section 5 penalties. All in favor; motion carried.

Recycling Ordinance #7-18: Mr. Markey said the Borough secretary went to the DEP and said we want to apply for a grant under section 902 of the recycling grant for a big leaf vacuum for the Borough. The small one we have now can handle storm drains and things like that but the big one allow residents to rake their leaves into a pile into the front or back of their residence, wherever the nearest road or alley way will be and the DPW come along with the leaf vac. Scoop them up and collect them. In order to be able to apply for this we have to advertise and after advertisement pass this ordinance. A motion was made by Mrs. Stephens and seconded by Mrs. Dougherty to allow the solicitor to advertise ordinance #7-18. All in favor; motion carried.

Junior Council:Mrs. Wilson said we shouldn’t do anything this year, to ask our sophomore is too young. We may have a mature sophomore but that is a little too young. Mr. Markey asked if we heard anything back from our current junior council. No, he was sent a letter. Mr. Napoli we should forego it until someone comes to us and shows interest. Mrs. Wilson said we usually go to them. Mr. Napoli said he feels if we go out and search we are going to continue to get the same. If you get someone that comes to the school and says is there an opportunity to become a part of the Borough council or some sort of politics then I say absolutely but us going to them year after year we are going to more than likely is going to get someone that isn’t interested.

Mr. Markey said he hasn’t shown up in he can’t tell you how long, maybe he has been to two meetings and one of them was when he got sworn in. Mrs. Wilson said we will keep the door open for the guidance counselors to recommend but she doesn’t think we should go lower than the junior year. Mr. Markey asked what we should do with the current junior council. Mrs. Wilson said well we didn’t hear back from him. Mr. Napoli said we sent a letter out, we went over this last meeting, let’s give him until March 1st, if we don’t hear anything by our first March meeting then we make a motion to do whatever we have to do to dismiss him from his duties. Mr. Napoli said his problem isn’t with Evan having other things to do but you’re coming to this and you need to be a responsible person, a responsible person doesn’t just walk away from something without saying anything. It’s not something against Evan but they have to be responsible for the position that they take. Mrs. Wilson said she will contact the superintendent and mostly Hank that the door is open if someone comes forward.

Grant Committee:Mrs. Dougherty said she is going to start very soon within the next few weeks applying for as many grants as we can. The next meeting she will have more information

Events/Shade Tree:Mrs. Wilson said she handed out the administration handbook to Mrs. Stephens to review and we will wait until Mr. Smith comes back, he is on the committee. She also gave a handbook to Mrs. Dougherty, if anyone has any suggestions for the handbook please voice them or hand them to us.

The Shade Tree is working on the hometown heroes and that is coming along very well, they are still getting applications in, we have a few openings still on main St. They are thinking about starting a second phase. Mrs. Wilson said her problem is she is a little nervous about the DPW putting up all the brackets and getting them up in time, the workload. Mayor said we should be able to do it, it will go quick. Mr. Markey asked who is ordering the brackets. Mrs. Wilson said we are because we ordering special brackets, black powdered so they look nice on the decorative lamps. Mayor asked when they expect to get the brackets. Mrs. Wilson said she does not know yet, we hope to get them ahead of time. Mayor said we are getting into that period we are getting better weather; if you had them even now we can start putting them up. Mr. Rood said if push comes to shove even in the evening time, the fire guys can come out and help, if you needed a couple of nights or Saturday to get it done. Mr. Markey asked when the target is Memorial Day. Mrs. Wilson said yes. She will wait until Mr. Kulick is here to discuss that. Since we have the parade that day, she thinks a ribbon cutting to honor all heroes and the banners, would be nice. Mr. Markey asked where are you starting the banners at. Mrs. Wilson said at the Windsor, it is just the decorative lighting, down to the Episcopal Church. The second phase will be the rest of Main St. the 700 block and east side Jermyn. We have already had requests to put them over East Side Jermyn, we do not know what we are going to do with that yet because our first phase was just the decorative poles but we are working with the people who have requested where they want them placed. It is first come first serve. We have to wait to see because some people would like them over on Delaware St.

The trees at Cerminaro’s, she would like to discuss with DPW the trees on old Mill that have to be cut up. Do we hire someone, do we go out for quotes or can the DPW handle it. Mayor asked which ones on Old Mill. Mr. Markey said the ones that are canopying the street. Mrs. Wilson said we will discuss that with DPW at the DPW committee.

DPW:Mr. Markey said right now he has been back and forth with Chuck Garnett with the USDA, Tony Grizzanti has talked to him a couple of times. He spoke with Chuck earlier this week and basically what we want to do is nail down whether we are going to do put one bid or put out many bids for the DPW garage. He was waiting on an answer from us so he can go back to his people and say look we need to apply for this DPW garage for monies for Jermyn. I think he was waiting on an answer there. Mr. Markey said he does know that we have priced out a bunch of different pole building companies to do the work of the building itself. His question is do we want to put out to separate bids, one for the building and one for a general contractor to handle everything else, electrical, masonry, insulation, type of carpentry is needed, things like that. Mrs. Wilson said so the person you are buying the garage pole barn from doesn’t necessarily do the contracting for the electricity, concrete base. Mr. Markey said customarily no. They will provide blue prints, stamped blue prints if we need them for the building itself and stuff like that. The blue prints are free if we need them stamped then they come at a cost a couple hundred dollars, maybe $400-$500. For everything else, what it comes down to is money. We have pre bid conferences, post bid conferences, a lot of advertising work. If we can put out one bid for a general contractor and then these are the parameters of the contract and put that out in one advertisement and have one conference and stuff like that, they can go get their subs and come back to us with their bids. Mr. Grizzanti said you aren’t going to be able to buy your pole barn from the guy. Mr. Markey said we would have to put that bid out as well. Mr. Markey said what he is saying is customarily in his research these pole barn companies do not do contractor work. It would be one bid and they would sub out everything else, he sees this as two separate things, the building and then everything else. Mr. Grizzanti said you can certainly do that but he is curious because, Ray may have more expertise on this than I do but when you put it out for bid and you know that the pole barn can be stamped by the pole barn co. they can stamp that but now you have a general contractor, what do you do with the plumbing, electrical, HVAC and all that has to be designed and stamped and approved before you go out for bid. It cannot be done after because how does the general contractor who is going to bid on it know, there has to be a plan for that building unless you just do just the pole barn and then piece meal it down the road but you can’t put out a bid and say we want to put up a 40×60 pole barn and we also would like to hire a general contractor to do the footings, electrical and plumbing etc. Those guys want to see a finished plan, here’s the pole barn and here is where all the light fixtures are, all the electrical where will be run, here is where PPL will be tied in, all that has to be in that plan. Mr. Markey said he doesn’t know nothing about this stuff, he saw this as two separate phases, you put up the shell and then you have the plans and then you can give those plans to whatever contractor when its going out for bid and can they work off those or no.

Mr. Rood said you have to go off the prints once they are stamped. Mr. Markey said I guess what I am saying is, can we put the pole building out for bid. Mr. Grizzanti said yes just as a shell. Mr. Markey said and then get that back and whoever is the lowest responsible bidder they put up the building with nothing in it, that is phase one. After the building is put up, then we want to do phase two which is everything else or is that not advisable. Mr. Grizzanti said he just wondering, if you have someone put up the pole barn and put up the slab and its sitting there as a shell, do we want anything in the slab, any of your plumbing in the slab. Mr. Rood said they are going to come in and put a pillar and put it down on the footers, they might backfill that but what’s your grade is going to be afterwards, you might get this up and say we can’t drive in there because we need to have it graded. That should be part of it and then maybe you can put something in there, you can park your trucks in there for now until we get phase two done. Mr. Rood said the question with phase 2 is when you are going for the money do you need to have phase 1 and phase 2 so they know what kind of money you want. Mr. Grizzanti said he thinks USDA is going to want to see a set of plans, elevations, footer design, where the plumbing and electrical is, where the HVAC is, how is the site graded. The other thing they will ask you is do you need any permits, do you need your own land development, permit for your building, does it need Lackawanna County approval. They will want to see the whole package for USDA to give you the whole money. He thinks what you guys are kind of thinking about is possible to do it as simple as possible in that phase 1 gets you the slab, the building up, the site work done and then maybe if you are going to have bathrooms in it etc. you do the basic plumbing but maybe you come back later because you don’t get enough money the first time. They are going to want to see some kind of set of plans and you definitely need a very specific book.

Mr. Rood said for the firehouse it was the same people. We had to have everything done, a total set of prints done so they knew exactly what they were getting because if they are going to give you a decent grant and loan, it’s going to be their building if something happens here. If something happens at the fire co and we are no longer a fire co anymore, that is their building. They want to make sure they are going to get paid back that money and we make our monthly payments. It comes down to if we would like to refinance, they won’t even refinance it for you. Once you get that money and that loan, whatever the rate is, that is your terms. Mr. Grizzanti said the USDA is very specific on what they want, bidding requirements, how you are going to transfer the money, all that stuff is very regiment. Mr. Markey said he asked us right now just to get the process moving. In your opinion should we do this all in one bid? Mr. Grizzanti said yes if you get enough money.

Mr. Art Wilson said he wants to congratulate the DPW; they did a great job this winter.

720 Lincoln Ave:Mr. Markey said we had asked the girl from the County to talk to her boss and see what’s going on there. She got back to us and they said it isn’t their problem. Mr. Grizzanti said he was there during the rain. The water running down the road and to the pipes is doing what it is supposed to do. He is still getting water through the basement from somewhere; it’s not coming from the road or the pipes. Mayor said it is basically ground water infiltrating. Mr. Grizzanti said the rain leaders go straight into the ground; Mr. Hunt is going to see where they go to. Mayor said it could be blocked and going into his basement, it could be more of a his problem than anything. Mr. Grizzanti said that water is not coming from the pipes, we were in there last year the pipes are solid, once it gets in there it is in there. That hill goes all the way from RT6 down; there is probably a ton of ground water all the time. Maybe it gets down into the ground real quick into his yard. Between the two houses where the pipe runs down, the water sits there in that little dip and Mr. Hunt is worried that is sinking in and in getting in. Mr. Grizzanti said and it could, if that water sinks in over that trench it’s going to want to follow the path of that pipe. The County was the same thing is the same thing we want to do on Delaware St. we ask for the grant and get the money and once the project is done, it’s done. Mr. Markey said he gets the impression that he thinks this is Jermyn Borough’s problem as well.

Credit Card:No fee for the Borough, there would be a 2.95% passed onto the customer if they pay with credit card and there will be website service.

Sound System:An Estimate was provided to council for a new sound system in council chambers. Mr. Markey said what does everyone think; we can table this until next time or ask to get a couple different estimates. Mr. Napoli said can we afford something like this right now. Mrs. Dougherty said more estimates.

Arts & Culture Grant:Mr. Markey said we have a letter that is addressed to Mr. Kulick requesting that the Events Committee applies for the Municipal Arts and Culture Grant. Mrs. Stephens said she thinks it should be kept for the band; they have been doing it for years. We did ok last year at Jermyn Day. A motion was made by Mrs. Stephens and seconded by Mrs. Wilson to allow the Events Committee to submit the application for the Lackawanna County Municipal Arts and Cultures grant. All in favor; motion carried. Mrs. Wilson said it will be the 4th Sunday in July. There are 5 Sundays in July. It will be the 4th Sunday.

A motion was made by Mr. Napoli and seconded by Mrs. Dougherty to adjourn the meeting at 9:35pm. All in favor; motion carried.



Minutes 2-1-18

Minutes 2-1-18


Jermyn Borough

Council Minutes

February 1, 2018

The Jermyn Borough Council held a council meeting on February 1, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers. On roll call present were: Kristen Dougherty, Frank Kulick, Dan Markey, Kevin Napoli, Cynthia Stephens and JoAnne Wilson. Also present were Mayor Fuga, Atty. Fitzgerald, Ray Rood and Bob Chase, Bill Aquilino. Absent were: Joseph Smith, KBA and Evan Samuelsen.


A motion was made by Mr. Markey and seconded by Mr. Napoli to accept the January 18, 2018 meeting minutes; all in favor, motion carried.

Public Comment:Katelyn English- Lackawanna County Community Relations Coordinator

Municipal Arts Grant for 2018 – Municipalities to apply for the Municipal Arts and Culture Grant. $500 for arts and culture. Projects must be community oriented and arts based, funds will not cover fundraising activities. Funding requests must come from the municipality. Projects need to be completed by December 31, 2018. Requests must be submitted no later than November 21, 2018. Municipalities may collaborate with other municipalities.

Bob Chase- Artisan signed a contract to purchase a 2002 firetruck, it will replace 58-2, and they will take 58-2 out of service.

Potato Pancake and chowder sale – Artisan Fire Co- Feb 16, 2018 11am to 6pm

Andy Whitiak –512 Garfield Ave, Road and Sewer IssueMr. Whitiak asked if we can combine the sewer issue with public comment. Mr. Whitiak asked about the water issue in front of his house, it ices up and the kids from the school bus, there are 3 or 4 stops, he has no problem with that at all. It is a danger for those kids especially to come down and stand in water. Mr. Whitiak said to Mr. Markey he saw him walking the street last August or fall and he said he would help him take care of the problem, he hasn’t heard back since the fall. Mr. Whitiak said he saw him walking by and he said hi. Mr. Markey asked if the issue is still on going. Mr. Whitiak said did you say you were going to get back to me yes or no. Mr. Markey said he doesn’t remember, he was probably walking with his kids and dog. Mr. Whitiak said you were walking by yourself and actually tried ignoring me. Mr. Markey said he doesn’t want to ignore you, he doesn’t ignore people. Mr. Whitiak said you don’t remember that, I do and you said you were going to get back to me, anyway we have a water problem and it’s been there for years and it is owned by Jermyn. Mr. Kulick said he recalls going through the old minutes and he remembers reading about that and it was recorded in the minutes saying you were going to take care of it or someone that is related to you. Mr. Whitiak said because no one was doing anything about it and I mentioned about getting a saw. The issue is, it is Jermyn’s problem, and it is cracking right across the street into the other water drain. He said it was his cousin that was going to do it for him and it was going to be at his expense. Mr. Kulick said he can’t speak for what the Borough did back then. Mr. Whitiak said no it’s been the last two years. Mr. Kulick said it was well beyond two years ago. Mr. Whitiak said no absolutely not. Why did Mr. Markey say he doesn’t remember and why did he say he was going to help me out, you guys got elected the same time. Mr. Whitiak said that is all he is doing is asking for help. Mr. Kulick said you are asking for help, we will certainly look at it but you are incorrect in saying it was brought to this council’s attention since January of 2016. Mr. Whitiak said he didn’t say January of 2016, he said this council. Mr. Kulick said the last that was in the minutes of council was that you were going to take care of the problem with one of your relatives. Mr. Whitiak said since Mr. Markey remembers it or not he said he was going to look into it. Mr. Kulick said we will look into it. Mr. Whitiak said lets help the kids out isn’t that what we are all about in Jermyn, there are 4 bus stops, Archbald and Jermyn. Mayor said going back, we did mill that one section and it did seem to alleviate some but we may have to mill more out to get it to go to the drain. Mr. Whitiak said it settled down and if you cut that crack it will flow. Mayor said we don’t have to cut it we can mill it and it will channel it to where it has to go. Mr. Whitiak said that drain does work. Mr. Markey asked where the bus stop on that street is. Mr. Whitiak said please don’t do anything to stop that, he wants those kids there; he is asking to correct the issue because it is a danger. Mr. Markey said we wouldn’t change the bus stop. Mr. Whitiak said there are at least 3 that he knows of.

Sewer: Mr. Whitiak asked council to explain what is going on. Mayor said it is a grease problem; we have pictures and a DVD from when they put the camera in. It is a buildup of grease, there are a few sags in the line but that is not the problem. The problem is the grease, when he first put the camera in he went in about 10ft and you can see it, it’s all coating the pipe. It’s not real thick by the manhole and the further he went in about 25ft. its necked right down. They are going to have to come up and jet it, they have a special tool they will put in there and it will clean the grease out. Mr. Whitiak viewed the pictures. Mayor said what it will entail is, the line is fine it does have some sags in it but it is nothing out of the ordinary. The grease is the problem, once its cleaned then every so often get on a maintenance program of having it flushed out to make sure. To give you a better idea as he was doing it, the grease was falling down. When you had your problem it must have let loose and made its way down to the manhole and blocked that up. Anytime that lets loose and gets caught then everything will pile up behind it and get blocked coming down Bacon. Mr. Whitiak asked on a timeline. Mayor said it is weather permitting but they will probably be here next week, they have to do it on a day when it is a little warmer. Mr. Markey asked where are we with getting Archbald on board with helping us out. Mr. Kulick said we cannot get them to respond to us, we are trying to set up a meeting with Archbald because a lot of the problem is there, they are not too anxious to meet with us. Mr. Whitiak said remember we were talking about the water flow, does that have an effect on it. Mayor said it could a little bit, if they are dumping large amounts of grease into the system it is going to do and might get into a little belly there and stick to the sides and it just keeps building up. There isn’t enough flow to flush it out, that is going to be a maintenance issue, and we cannot create more flow because there are only so many houses on that line. He doesn’t understand they did what they did. Ray Rood said because they couldn’t get the pitch on it. Half of it goes to Franklin and half goes to Bacon. Mr. Whitiak asked if they are going to have a regular check on the manholes. Mayor said yes once it’s cleaned, we will keep checking and get on a maintenance program.

Mr. Markey said he would like for KBA to give us the maps of everything we own as far as sewer lines go, we need to make this a regular maintenance type of thing. We own enough pipe in the Borough that it will have to be a budget line item for preventative maintenance. We need to know what we are up against.

Robert Hunt 720 Lincoln – Water Issue:Mr. Hunt said he appreciates what we did with the water but the problem isn’t solved. Tony Grizzanti went over and he called Joanne. Tony came into his house. The trap that was put in was totally covered. He doesn’t know what else we can do for him but he would like them to look at it. Mr. Kulick said he spoke to Tony Grizzanti and he told him what we did up there is working but the problem is that the water between your house and the neighbor’s house is where it is coming from. Mr. Hunt said when they put the big line in there they didn’t raise it back up so all the water comes and sits there. It comes down the hill and all the water comes right to his house. He doesn’t think the county filled up the yard that’s the only spot where there is a dip. Mrs. Wilson said we should contact the County and have them come up and look at it and tell them all this is happening after. Mr. Markey asked Katelyn English who she reports to. She said Jim Rodway. Mr. Markey asked her to tell Jim, we need to have someone whoever is in charge of Roads and Bridges to contact the Borough regarding the pipe at 720 Lincoln Ave. Mrs. Wilson said actually the whole road. Mr. Markey said this is where the problem stems. Mr. Markey asked when the job was done. Robert Parks said around 2005-2006. Mr. Markey asked when he bought the house. Mr. Hunt said in March of 2016. Mr. Markey asked if he knows if the previously owner had problems. Mr. Hunt said Mr. Rosemeila was here constantly about water problems that is why they did that project actually. Mrs. Wilson said your neighbor built a garage. Mr. Hunt said a car port. Mrs. Wilson said she noticed the other day it is a little higher than your property. Mr. Hunt said he put 2b stone there. Mrs. Wilson asked if that is causing some of the problem, does he have a rain gutter. Mr. Hunt said he has no rain gutters. Mrs. Wilson right between the two of you all that rain is coming into one spot. Mr. Whitiak said if John Sheridan’s land is built higher, a drain pipe might help that. Mrs. Wilson said that would be a personal problem, neighbor to neighbor. Ray Rood asked when we are doing all this grease stuff since there a lot of ups and downs, is that going to affect that, what will the grease do when it comes down and lays in the low lying parts of Bacon. Mayor said with the amount of water they are going to use, it shouldn’t be a problem once it breaks loose. Robert Parks said Archbald has a jetter, they have used it for us once before. Mayor said theirs is a smaller one.

Correspondence:Mr. Kulick said we received an invoice going back from August 2016 from our Solicitor.

Tax Ordinance:Mr. Kulick said the tax ordinance was advertised. A motion was made by Mr. Markey to pass the tax millage rate at 29 for 2018, seconded by Mr. Napoli. All in favor; motion carried.

Berkheimer Resolutions:

A motion was made by Mr. Markey and seconded by Mrs. Wilson to pass the resolution to allow Berkheimer to collect the LST tax. All in favor; motion carried.

Grant Awards:Mr. Kulick said we were awarded two grants through the Monroe Gaming Money. One was for $140,000, for the sewer/paving in Woodlands; the other is for $81,000 for a DPW truck. We do have to pay the truck and we will be reimbursed. Mr. Markey said we also have a grant, at least in part to pave this mud pit of a parking lot out here, up to $50,000. We have to use it by 2019. Mr. Markey said he thinks it might be a good idea if we took out a loan combining the new DPW truck and the paving project. We will be able to pay back the loan with the grant money. Is there anything that is stopping us from doing that? Atty. said it would be something he has to review. Mr. Markey said The way that we are going to attack the Woodlands is go down there and camera the system and see what is bad and what has to go and see what is ok as far as sewer lines go, fix the sewer lines and we can dedicate more money, especially if we get more money in phase 2 and 3, for the paving of the Woodlands. Mr. Markey said it might be a good idea to do it in separate loans. Mr. Kulick said we split into phases because we were told we would not get it if we put in for the full amount. There is no guarantee we would get phase 1 or phase 2, so we have to use the money wisely. Mr. Kulick thanked Senator Blake and Rep. Sid Kavulich. He also thanked former Councilman John Mark initiated the conversation with representative Kavulich with the truck. Mr. Markey said we would probably have to put it out to bid first before we apply for the loan so we know how much it is going to cost us. Mr. Markey said we could say we just want to borrow the $50,000 we would pay the loan back.

Rental Permits:Mr. Kulick said we have about 26 property owners that have not paid the rental permit fee. They had until today. They are now in default. Atty. said the letters indicated they had until 30 days to comply, the letter was sent out on January 4th, and they still have a day or two. At that time the Chief of Police and Code Enforcement officer, they can go forward and start issuing citations for being out of compliance. The ordinance does allow for a certain amount of fines per day and each day they are out of compliance is a new citation and fine.

Section 504 Home Repair Program:There is a program available for low income for assistance to fix your house. Information is provided in the Borough office.

Sound System/Projector Screen for Council Chambers:Mr. Kulick said Mr. Smith has a projector and screen he will donate to the Borough; we have to look at it to make sure it works. He said he used it before. Mrs. Wilson said yes he did for budget presentation. Mr. Kulick said we are struggling with the sound system; we have to look at some options.

Credit Card Acceptance:Mr. Kulick said we are looking into having the Borough be able to accept credit cards.  Right now they have to pay by check, last year we stopped paying by cash.

Washington Ave. Trash:Mr. Markey said the Mayor is aware and the Chief of Police is aware. He was contacted several Sunday mornings about a trash bandit that is around. It is on Washington Ave. usually between the Dollar General and the Woodlands, it’s usually a Sunday newspaper that they are throwing all over the road and every now and then, every other Sunday they are taking a bag of trash and they are throwing it in the middle of the road so people drive over it and it goes all over the place. Mr. Markey said we have that issue currently outstanding, it happened currently this past Sunday. It is hard to plant an officer there because we cannot really pin down the time. They have looked through the garbage and there is nothing to identify someone. Mr. Markey said he went through and there was a whole bunch of newspapers and lunch meat. Mr. Markey said you have your regular littering but this is above and beyond. Mrs. Dougherty said the day she saw it, it was strange it wasn’t something you would throw out of your window, and you would think it flew out of a back of a truck. Mr. Markey said it is consistent enough to know it is intentional.

Junior Council:Mr. Kulick said his suggestion is to send our Junior Council a letter and tell him his services are no longer required. Mrs. Wilson said first before we do that we should ask him his intentions. Mr. Markey said we know his intentions. Mr. Kulick said he hasn’t been here in 4 months. Mr. Kulick said there is nothing wrong with the Junior Council program when someone participates, just because they want to put it on their college resume, we don’t need them. Mrs. Dougherty asked how long his term is. Mr. Markey said a year and a half. We found out we can have two junior council members, so we decided if we constantly bring one in their junior year then they would have a year and a half of experience. We had just started that two junior councilman program with the last one who is now in college. Since he has left for college last August we haven’t seen our current junior councilman. Now all the college applications are filled out so he got what he wanted out of it. Mrs. Wilson suggested sending a letter to either resign, its professional instead of saying we don’t want you anymore.

Yard Sale Permit Ordinance:Mr. Markey said we have a lot of yard sales in town; sometimes we have yard sales that last 3 months. Sometimes we have yard sales where people leave their posters up all over town and never take them down and then the DPW or some concerned citizens go take down in front of their buildings. A lot of times it’s up to other people and DPW. A lot of times with yard sales there is an increased police presence needed because of traffic and potential for accidents especially if there is one on Washington or Rushbrook on the weekends. Mr. Markey said he is going to propose an ordinance where you would have to obtain a permit from the Borough Secretary prior to having a yard sale, prior to hanging any signs for the yard sale. The permit in his book would be a 0 cost. Chief Arthur said make sure you write in the ordinance it is illegal to hang signs on telephone poles, it’s a state law. Mr. Markey said we would issue the permit at no cost to the resident but then with the ordinance there would be certain things they would have to follow. No signs on telephone poles, no signs anywhere prior to obtaining the permit, if they don’t take the signs down then there will be a penalty, if they don’t obtain a permit and they have a yard sale there would be a penalty. The permit is free to get, its issued at no cost so there is no reason to not get one. Mrs. Stephens said how we will make people aware of this. Mr. Markey said we have a borough newsletter, Facebook, rapid cast. Atty. said the ordinance will be advertised. There are a lot of different channels of communication. We can put it on Adams Cable. Mrs. Wilson said last year we had a town wide yard sale and it rained. There were people that took advantage of it and there were people did come into town and naturally when it rains people do not put the stuff out, is it possible to have that again one weekend. Mr. Markey said and then the permit will be waived, that will be fine. Mr. Markey said he is not proposing any fee to get the permit. Mr. Markey said you wouldn’t be able to have a yard sale for more than 3 days straight.

Mr. Markey said we need to update our website so people can submit forms online. With all the forms that we have that people need to fill out, we should have some type of format that they can fill it out and submit it online and if there is a payment required, we are trying to get the credit card up and running.

A motion was made by Mr. Markey and seconded by Mr. Napoli to have the solicitor prepare a yard sale ordinance. All in favor; motion carried.

Code Enforcement:Mr. Aquilino said they identified 7 or 8 properties; most of them are structural and safety issues.

Callahan Park Fine Update:Mr. Markey said we updated these in 2016. He asked this to be on the agenda tonight. Currently Callahan Park, there are a couple different things. We updated the ordinance in 2016 to show smoking within Callahan park is prohibited. Pets are no longer prohibited but he would like it to be spelled out in the ordinance pets should be prohibited from the ball fields. We should also update our fine structure. Mr. Markey said we had talked about this before, if we catch someone violating an ordinance at the park, we hit them with a $25 fine; they are probably more inclined to do it again than if we were to hit them with a $100 fine starting off with the first offense. We had the picnic tables damaged, the back stops and graffiti on the swing sets. There is every single day we have someone littering over there; we have people smoking over there all the time. Mrs. Dougherty said as far as the ordinance goes, the park hours at 7am to 9pm instead of dawn to dusk, the majority of the really bad things are likely happening when it is dark. The summer 9 is fine, but now after 5:30-6, there are 3-4 hours where you don’t really see anything. Mr. Markey said we do not have lights, we aren’t playing baseball after 9 over there but at times we do have Borough sponsored events so I would put that exception in there, it’s a Borough sponsored event, someone is going to be there. Mr. Kulick suggested about cameras. He said you can make the fines whatever you want if we don’t catch them it doesn’t matter. Mrs. Dougherty said if you open the park from dawn to dusk and the damage happens at night when the park is closed can you get them with two fines. Atty. said it would be spelled out in the ordinance. Mr. Markey said we did have someone that was interested in donating a DVR to put in the concession stand over there. Mr. Napoli suggested 1st offense $100, 2nd $250, 3rd $500, motorized vehicle expense $750. Atty. said he has to look into the amount for the cap on ordinances. Mr. Markey said he doesn’t think its spelled out in here, we made a resolution to the ordinance, rather than changing the ordinance. Mr. Markey said we put supervised pets should be allowed, he would like to add no pets on the ball fields. We will get signs once the ordinance is passed and put it on the fences of the fields. Mrs. Dougherty asked if we have to spell out dugouts. Atty. said we will have to define it. A motion was made by Mr. Markey and seconded by Mrs. Dougherty to allow the solicitor to draft a new ordinance updating fines and fees and new rules for Callahan Park. All in favor; motion carried.

No Parking on Sidewalks:Mr. Markey said we have an ordinance you cannot park on the sidewalk and people are parking on the sidewalk. He wanted to get it on the agenda so he can ask the chief of police and the mayor if they can pay special attention. Chief asked where they are parking on the sidewalk. Mr. Markey said Richards does it every single day, coming around the corner right before you come around the bend on Washington Ave. before Gibson, People Park on the sidewalk there. Those are two he noticed the most.

Resolution in support of SB251: Mr. Markey said this was passed in the Senate already in November 2017. It’s been referred to the transportation committee in the house. The Bill itself is to allow municipalities to use Radar enforcement for speed. The radar targeting for speed. The PSAB, they suggest each Borough pass a resolution in support of this as well. Right now, PA is the only state where local municipalities cannot use Radar to enforce speed. Our former Mayor was not in support of this. Mayor Fuga said he is 100% in support of it. The Police Chief is in support.

A motion was made by Mr. Markey and seconded by Mrs. Stephens to draft a resolution in support of SB251 for local municipalities to use radar for speed enforcement. All in favor; motion carried.

Municipal Arts Grant:Mrs. Wilson said she has been asked by the Events Committee to do the proposal for the community concert this year for the $500. Mrs. Wilson said they have been using that for quite a few years to pay for the band. It’s usually in July because Mayfield has their concert in August. Mrs. Wilson asked if anyone wants to tag along, in the past Recreation was asked to have something earlier in the day or even later that night, a movie we would be more than happy to cooperate. Usually the band plays from 6-8pm, free hot dogs, soda and ice cream. Mr. Markey said Sunday July 15th is out, baseball already submitted their request for a home run derby. Mrs. Wilson said I think there are two Sundays after that. The 4th Sunday is the 22nd and the 5th is the 29th. Mrs. Wilson said its either one of those. Mr. Markey asked how does this work with the municipal arts grant. It has to be on municipal letterhead the request but the request doesn’t have to come from the municipality. Katelyn English said she will follow up. Mr. Markey said the Events Committee isn’t a borough sanction committee, he is wondering how that works. Mrs. Wilson said the money comes in to the Borough, we put out the money and the Borough receives the $500, we get approval from the Borough to have this community event and we apply in the name of the Borough for this money. Mr. Markey said that he was wondering, he is trying to educate himself. The Events Committee, Mr. Markey asked if they have a tax ID. Mrs. Wilson said yes. Mr. Markey said so you are your own entity, so they can’t apply themselves. Mrs. Wilson said they have been doing it for a good 8 years. Mr. Markey said we have been doing a lot of stuff for years in this town that we probably shouldn’t have been doing. Mrs. Wilson said it’s a non-profit organization and council approves it, to have this such as Mayfield the lions Club, they are their own identity they go through council and ask of them to approve the community concert. Mr. Kulick said the Borough has to apply for the grant. Mrs. Wilson said she has applied for it in the name of the Events Committee. It has gone through the Borough of Jermyn in conjunction with the Events Committee ask for the grant. Mr. Markey said the Events is not a Borough sponsored. Mrs. Wilson said in conjunction with approval for the Borough concert and it has always been approved unless you so desire not to approve it. Mr. Markey said he got the letter in the other day too and thought that maybe if council approves maybe we would apply a $500 grant to go towards Jermyn Day this year. Mr. Markey said it’s up for discussion. Mrs. Wilson said we have time. Mr. Markey said he wants to make sure what we are doing is correct. Mrs. Wilson said it is, we wouldn’t have been doing it if it wasn’t correct.

Delinquent Tax:61 properties that are delinquent in taxes $16,101.79  – 69 Properties delinquent on garbage $10,005. Mr. Kulick said for a little town like us that is a lot of money. The taxes go to the County for collection. Any garbage that is not paid for by the end of the first quarter the garbage collection will stop.

Ralph Bensing:Mr. Napoli said Ralph Bensing handed in his resignation for fire police. Mr. Napoli wanted to thank Ralph for his service and everything he does in town. Council thanked Ralph.

TCC Meeting:Mrs. Wilson said it is concerning act 30. Mrs. Wilson said she was appointed as a representative and Mr. Smith as a delegate and the third delegate is Mayor Chelik. There are a lot of things coming down the line that we must take care of now. Mrs. Wilson passed around a packet she was given at the meeting. The next meeting is the end of February and she will have more information. They only had one meeting in 2017 and that was December 7. There wasn’t too much to report.

Radar Sign:A motion was made by Mr. Napoli and seconded by Mr. Markey to purchase Evolis Radar Sign to be paid by Mayor’s salary $2,500, a donation from Crime Watch $500 and the remainder $250 to be taken out of Police Budget – ammunition. All in favor; motion carried.

Garbage – Recycling Ordinances for Recycling Grant:
Mr. Markey said we wanted to get a leaf vac. To handle residents leaf collections. Since its not regular recycling equipment we are asking for funds for yard waste equipment we have additional revisions that need to be made. The additions to the ordinance would need to be enacted by April 7, application deadline. They either put it out, compost it themselves or leave it on their own ground. Mrs. Dougherty asked what happens if we change the ordinance and we do not get the grant. Mr. Markey said we can change it back. Mrs. Wilson asked if they will accept a proposed ordinance. Mr. Markey said no the ordinance has to be enacted by April 7. Mr. Markey said what works to our advantage is that the changes to the ordinance have to be done in the spring time and if we find out we don’t get the grant and we want to change it back we can revert back if we really needed to.

A motion was made by Mr. Markey and seconded by Mrs. Dougherty to allow the solicitor to amend the ordinances to be able to apply for a leaf vac. To apply for the 902 grant. All in favor; motion carried.

Mr. Markey asked the solicitor if we got anywhere with giving the fire chief a key to the old DPW building. Solicitor will look into it. Ray said while you are doing that can you have him check into that wall that was supposed to be put up. This way we only have access to that area and don’t have to worry about giving him notice to go in.

A motion was made by Mr. Napoli and seconded by Mrs. Wilson to adjourn the meeting at 8:55pm. All in favor; motion carried.

Minutes 1-18-18

Minutes 1-18-18

Jermyn Borough

Council Minutes

January 18, 2018

The Jermyn Borough Council held a council meeting on January 18, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers. On roll call present were: Krysten Dougherty, Frank Kulick, Dan Markey, Kevin Napoli, Joseph Smith, Cynthia Stephens and JoAnne Wilson. Also present were Mayor Fuga, Atty. Fitzgerald, Dennis Kutch, Ray Rood and Bob Chase. Absent were; Evan Samuelsen.

MINUTES:A motion was made by Mr. Napoli and seconded by Mr. Markey to accept the minutes of January 2, 2018. All in favor; motion carried.


General Fund $125,412.33, Recycling $5,410.08; Refuse $68059.43, Investment Liquid Fuels $63,407.72. Disbursements from December 22, 2017 to January 18, 2018 $52,249.72. Deposits $40,928.72.

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

Public Comment:

Kaitlin English – Lackawanna County Community Relations

Strength Training Classes Offered by Penn State Extension – Monday and Wednesday 10:30am-11:30am at West Side Active older Adult Community Center 1004 Jackson St. Scranton beginning Feb 7, cost is $115.00. To register 1877-345-0691

Prescription Drug Take Back Program- Drop Off Locations – Lackawanna County Courthouse Sheriff’s Dept., Moscow Borough Police Dept., City of Carbondale Police Dept., S. Abington Police.

Commercial Tree Fruit Growers To Meet- Penn State Extension- Thursday Feb 15 at the Iron Skillet Restaurant in the Petro Plaza, Avoca Registration at 8:45am.

Pat Massino- Garfield Ave- Mr. Massino said he wanted to make council aware of situation that transpired today. Earlier today, we had the snow alt. parking in effect. Earlier today his car was impounded by Rock Bottom towing under the advisement of the Jermyn Police Dept. There is conflicting ordinances in that particular 400 block of Garfield. One says you must alternate the p car on the proper side of the street according to date. The other ordinance states you cannot park on the one side of Garfield 365 days a year. You are in trouble if you do and are in trouble if you don’t. Mr. Massino said he is looking for a resolution to the issue that transpired earlier but also going further down the road what do we do on Garfield Ave. when it comes to parking. He is a Jermyn resident for over 30 years and is familiar with the ordinance and has been a nuisance to a lot of people but understands it’s necessary. We have our hands tied on Garfield ave, not knowing what ordinance to follow. If I had parked on the opposite side of the street where there is no parking I would have got a ticket either way.

What is the most troubling to him is, he has security cameras outside of his home and on 4 different occasions, the Jermyn police passed that vehicle in question without giving any warning or any citation at all and he has footage he would like to share with council to show them that. Mr. Massino showed council the footage. Mr. Massino said there were four opportunities for the Jermyn police to give him a warning of some sort and as they do to all the residents within the Borough, you get a warning on your car. Mayor said if he knew the ordinance was in effect, why didn’t you move the car. Mr. Massino said there is no other choice on Garfield. Mayor said there is, you have a driveway. Mayor said you have off street parking on Garfield and the new development everybody has driveways. Mr. Massino said the car is having mechanical problems. Mayor asked what kind of problems. Mr. Massino said the transmission. Mayor said so you are saying you cannot get the car into the driveway. Mr. Massino said he does not know that. Mr. Masisno said we left it on the street for the past 8 years without an issue. Mayor said he believes there were issues before and it should have been taken care of, you can park on the street that is fine but you cannot abandon a car on the street. If you knew the ordinance was in effect you should have put it in your driveway.

Mayor said what you are saying is the police drove by 4 or 5 times should have gave you a warning, but you subscribed to the Rapid Cast, why didn’t you take care of your car. Mr. Massino said you have one law that says you cannot park on one side of the street. Mayor said you have a driveway so you can move your car off street so you do not need to be on the street. Mr. Massino said what if I want to keep my driveway open. Mayor said that is not our problem that is your decision to do, you want to keep it open, keep it open but understand if you leave it there and this is in effect you will get a ticket or towed. Mr. Massino said he would have no problem moving it if he would have been issued some type of warning. Mr. Napoli said you just said your wife received the Rapid Cast. Mayor said that was your warning. Mr. Massino said everyone else gets a ticket on their car and I don’t. Mayor said because you have a driveway, some of these other people do not. Mr. Massino said, if I had 3 or 4 cars in my driveway and couldn’t park it in the driveway what would I do. Mayor said I don’t know. Mayor said if I was in the same position and in some ways I have, I have a driveway and garage, I would make sure somehow someway that car would not be on the street; park it in the driveway, a friends driveway, another garage. The reality of it is, you were warned, you should have moved it and you didn’t. Mayor said what you are telling me it is inoperable and you didn’t want to try to move it because you were afraid what was going to happen, all you had to do was put the car in the driveway for one day. Mr. Massino said what do you do on Garfield Ave? Mayor said park in your driveway. Mr. Massino said what if you can’t? Mayor said everybody can, everybody has driveways, and everybody parks in them. Mr. Massino said that is being selective. Mayor said no.

Mayor said when that development was put in, it was required to have off street parking and in town it wasn’t because all of the houses are older. You have to understand when you have a driveway you should be in the driveway, if its sitting in the street and it’s there for days, weeks, months, that is not right, you have a driveway. Mr. Massino said it’s a public street he can park there. Mr. Markey said unless there is alternate parking. Mr. Massino said it’s a catch 22 on Garfield Ave, you have one side posted no parking on this side and there is an ordinance for odd/even parking. Mr. Markey said because everyone there has off street parking. Mr. Massino said that is nowhere in the ordinance. Mr. Napoli said you just said there were 2 ordinances, if I was to live up Garfield I would know I would have to park in my driveway or the one side. They are not conflicting. Mr. Massino said they are conflicting ordinances. Mayor said if you can’t park on one side and you can’t be on the other side then that car needs to be in your driveway. Mr. Massino said this is falling on deaf ears. Mayor asked how. Mr. Massino said you are being very vindictive. Mayor said he is not. Mr. Massino said he simply had the car parked on the street, so if he parked on the other side of the street where it says no parking he would get a ticket.

Mr. Markey asked if the vehicle is inoperable. Mr. Massino said he does not know. Mr. Markey asked when the last time he tried to start it. Mr. Massino said yesterday. Mr. Markey asked if it started. Mr. Massino said yes. Mayor asked why he didn’t move it. Mr. Massino said there was no warning, no ticket, nothing. Mr. Massino said for 8 years, no issues, now there is an issue. Mr. Markey said there might be a piece of a puzzle you might not be aware of, we did elect a new Mayor, first new Mayor in this town in 16 years and the ordinances are going to be enforced from here on out, this is the starting point. When he got sworn in on January 2, 2018 the ordinances will be enforced. Mr. Massino said he has seen changes in this Borough.

Mr. Massino said the real reason he is coming here is for clarification, on Garfield even though the ordinance says you cannot park on the one side of the street, its either park on the other side or don’t have your car on Garfield Ave. Mayor said not all the time but in this situation, you need to move it. Mr. Massino said Rapid Cast is fantastic but it would be beneficial for all the people who subscribe if we took the guessing game out of the equation and said the date by midnight you have to be on the even side. Mayor said we tried but we had people today that did not even know what the odd/even sides are. Mr. Massino said his biggest issue is that he did not get any type of warning; he just got the car towed. Mayor said there are a lot of warnings given out and people ignore them. Mr. Massino said if you pass the car 4 times to do their job, to issue a warning. Mr. Markey said do you know if any of those 4 times that the police were on their way to a call. Mr. Markey said it’s unfair to come with footage and say hey look the cops passed by my car and didn’t do anything, they could have been on there way to somewhere, they don’t always go with lights and sirens. Mr. Massino said don’t you think out of all those 4 times, shouldn’t they have put a ticket on the car. Mayor said if it hasn’t been moved they don’t know what the situation is. Mr. Massino said if it’s in violation, ticket me then. Mr. Massino said he will gladly pay the $25.00 if he was in the wrong he won’t sit here and fight he would move on but he at least should have got a ticket.

Mr. Massino asked if he should have got a warning like everyone else. Mr. Massino said he’s not worried about the ticket, he at least should have had the opportunity to get a ticket, if he was in the wrong give him a ticket, and there was no ticket on the car. How can he pay a violation to the Jermyn Police Dept. for doing their job when they didn’t do it, there is no ticket on the car. Someone should call up Rock Bottom, he will admit he was wrong and he will pay a $25.00 ticket but not $100.00 for the towing. Mayor said we will look into and find out why a ticket wasn’t issued or a warning.

Chief Arthur said alternate parking fluctuates, one day you were legally parked, this morning at midnight you became in violation. The time starts at midnight you were in violation. If you look, there was your car and someone else’s car, the whole road was plowed except for the two cars there and you can see them plowing out and around. You already admitted it was in effect but you chose to ignore it, that’s not my fault. We didn’t give you $25.00 ticket, I can write you one right now if you want, and I figured maybe towing was enough, not towing and a $25.00 ticket. Mr. Massino asked if he should have had the ticket not the towing. Chief Arthur said his job is the safety of the whole community, if the fire trucks can’t get through your street that is his fault. Last year with the snow, the fire trucks couldn’t get through certain intersections, we aren’t going to risk people’s lives because you didn’t want to put your car in the driveway. Mr. Massino said you are seeing two different laws. Chief Arthur said the one side is no parking that is a constant it does not change you can never park on that side. The other side is alternate parking, when that is in effect, he believes that’s the odd side, if it’s an odd day you can park there, if it’s an even day that street should be clear, there should be no vehicles on that street. Chief Arthur said in your interpretation of the law means that odd/even day means you can park where ever you want. We have other places in town that have no parking, you have to park legally. That ordinance doesn’t trump the other ordinance. Mr. Massino said you have two conflicting ordinances. Chief Arthur said no they are not.

Mr. Massino said he commends them for enforcing the ordinances, he asked for a chance to fix the situation. Mrs. Wilson asked if we can look into this with the $100 fee. Mr. Napoli said one day its even one day it’s not, you are saying those were a couple days apart, some of those days your car wasn’t in violation. Mr. Massino said one day it was in violation and I didn’t get a ticket. Mr. Napoli said he has two questions, yes or no, all he needs to ask of Mr. Massino. Were you aware that the rapid cast said the alternate parking was in effect? Mr. Massino said yes my wife has rapid cast. Mr. Napoli asked if he was aware at no time during the year you are to park on the even side. Mr. Massino said absolutely that’s where the confusion comes in. Mr. Napoli said Mr. Massino does not understand. Mr. Massino said the ordinance should say for streets that do not have alternate parking, driveway parking is required or alternate parking on an adjoining street is required.

LST COLLECTOR:Mr. Kulick said we have a resignation letter from Joan Christian. A motion was made by Mr. Markey and seconded by Mr. Napoli to accept Joan Christian’s letter of resignation from LST collector. All in favor; motion carried. Mr. Smith said to send Joan a letter to thank her for her service to the Borough.

NEW DOORS:Brian from Art Tech glass was present at the meeting. Mrs. Wilson said we had two quotes, one from Mesko and they have drawn a door that was totally different from what we have originally asked. We gave specifications and the door measurements to Art Tech to give us a quote on that specific door, instead of doing apples to oranges. Mrs. Wilson said Brian presented a quote on that specific door that Mesko had sent with their quote. Mesko’s was around $8,000 and Art Tech’s quote is $6,755. The front door with Mesko was $3,555 the side was $4,460. Total $8,015. Ray Rood asked if they are the same doors. Brian said yes, he has a picture too he can show. There is 15 year warranty, panic bar, essentially the same door except there is a side light on the front door where now it’s just a flat piece. Mr. Markey asked what the size of the tempered glass is. Brian said it is the same size as. There will be a 10 inch bottom rail on the bottom. Brian said on the Mesko quote, there was a 3 ½ inch rail for the middle of the door, we proposed a full glass but we can do either one, it wouldn’t change the cost. Ray asked if the side panel will be stationary or active. Brian said active.

Mrs. Wilson made a motion to go with Art Tech Glass Co. for front and side door for the Borough building in the amount of $6,755.00.

Mr. Markey said the side door, it would be an active door for ADA purposes right and it won’t really open unless we open it. Brian said correct. Mr. Markey asked if we would have the same thing on the front. Brian said no, the front would be a side panel. Mr. Markey said but the doors are ADA compliant with the width, the side door over here can be glass if we wanted to. Can the side panel on the front be glass? Brian said yes. Mr. Markey said we should discuss if we want glass or aluminum and amend the motion so that we are all involved in the decision. Mrs. Wilson said in the front door, the one will have a half glass and the other side will be solid? Brian said yes. Mr. Markey asked if there will be a glass window in the door. Brian said yes. Mr. Markey said and the glass panel if we wanted the glass. Brian said yes, most times he recommends in case someone is coming in and out there is more visibility but it is your preference. Mr. Markey said it will bring in more natural sunlight it will be an improvement.

Mrs. Wilson amended the motion to include the glass panel and glass door and money to be taken out of the Capital Reserve DPW account. Seconded by Mr. Napoli. All in favor; motion carried.

 Sewer Issue:Mr. Kulick said if anybody wants to reach him as a council member, president of Council, he has an email fkulick@jermynpa.com or you can call the Borough building, from this point forward he will not in any way shape or form make a comment on Facebook that has anything to do with the Borough of Jermyn.

Mr. Kulick said he’s not here to defend himself. Mr. Whitiak. He takes exception to his comments today on Facebook, which he did not comment on Facebook. Basically he is saying that we are not doing anything about his problem. Mr. Kulick said his first problem happened January 2 after our reorganization meeting. Mr. Whitiak decided to call John Mark about it, who’s not on council. Mr. Mark called Mr. Kulick and Mr. Kulick called Mr. Whitiak at 10pm. Mr. Whitiak said he called Rossi-Rooter and they were coming to his house. Mr. Kulick called the Lackawanna Sewer Authority and said they would call him back, they did and said sorry it’s not our problem. Mr. Kulick called Mr. Whitiak back and he was on the phone back and forth with him until 1AM. Mr. Kulick said at 1-130am they could not find the blockage, the next day they came back. Mr. Kulick said he took a half day off of work to make sure it got properly handled. He was there with Mr. Whitiak, for him to say no one from council was there. The council member he is referring to is me and I did everything I possibly could do to help him. Mr. Kulick said he went back to the minutes of this town. Mr. Kulick said Mr. Whitiak said the second time it happened which was the other day he said he couldn’t get a hold of anybody. Mr. Kulick said he called him back and asked what he was talking about. Mr. Whitiak said he has been trying to get a hold of him. He admitted he was sending texts to the wrong person. In the meantime he called the Borough building and the secretary took care of it, he then proceeded to say that our former retired DPW supervisor Mr. Parks called and offered his support and encouragement. He isn’t retired, he wasn’t re-elected. Mr. Parks was in charge of DPW, it was in the minutes in 2014 there was a motion made and money approved to do something and nothing happened. Why did nothing happen, he doesn’t know, it was left with that we are going to do some kind of line, here are the bids that KBA put together. The bids were put in and nothing happened. Atty. Nicholls was going to sue Raymond Development, that didn’t happen either.

Mr. Kulick said we did everything we could and it hasn’t occurred one time since 2014 until January 2, 2018. Not once. What does he want us to do; we cleared the blockage up on January 3, 2018.

Mr. Rood said he received messages and phone calls. In 2011, when Mark Kilmer and Joe was here they would check it. They extended that pipe and he hasn’t had any trouble. Mr. Rood said he doesn’t  know why he’s getting him involved. Mr. Whitiak requested they check it every 4-5 days and he wants a meeting with council, he put on Facebook he can’t come to the meeting tonight but can meet January 22. Mr. Kulick said if he wants to meet with council, come to the chambers during a council meeting.

Mayor said he’s trying to include his problem with Mr. Rood’s problem and they are two totally different things. The problem is that what he is having is grease build up. Your problem was taken care of by extending the pipe. Mr. Rood said the drawings KBA did, it was taking up part of my yard. It was going to come through my yard and to the park and hit the sewer that Powell’s put in through there. Mr. Rood said he hasn’t had a problem but still has concerns. When they put the cameras through there, there is an 8 inch pipe that there is 6 inches of water laying in it. Mayor said what was happening in your case when sewage was going out it was building up at the manhole and then eventually blocking the pipe and it would back up. The sewer authority does look at it all the time, they are usually there once a week. They go from Lincoln and down Washington. Mayor said his problem is that it’s a buildup of grease and from what happened was it let loose and came down past his house and got to the manhole and it came around and there were big chunks. He wasn’t there Monday when they cleaned it the second time but joe was telling him they were taking chunks out of it. The weather maybe the pipe was expanding and contracting and let loose from the pipe and came down. If you open that manhole now there is all grease from the inside and grease on the steps. Everybody up above is dumping their grease into the sewer system and that is what caused it. Now that all of it is cleaned out, it is flowing fine we checked it today. It might pay to get the camera and see if there is more build up in there and does it have to be cleaned. I don’t know what he expects; we are keeping up on it. There are so many variables there. We keep checking it and it is clean, it was flowing perfect today.

Ray Rood said his situation where it backed up into his basement, DPW used to check it at the end. Mayor said we still check but the sewer authority comes and they kind have taken it over. If they see us out, they tell us they checked it and it’s good. When Rossi Rooter was up here, they did it from the manhole up, there was no blockage, and it was in the manhole. When the sewer authority came up and took the rake and he got it flowing but more stuff came in and that really blocked up and when they cleaned it the second time is when they got all the grease out. It was chunks of grease. Mr. Markey asked why anyone would think its ok to put grease in the sewer. Lou Demarco said especially that much. Mr. Markey asked how do you get that much grease. It’s a buildup. Mr. Markey asked if any of this problem stem from in part from Raymond Development. Mayor said he would assume because most of their sewer line runs into that. Ray Rood said all of it because from Andy Whitiaks, to Tony’s down towards Rays house down. From Frank’s house down it goes down Franklin. They couldn’t meet the grade because the grade in front of Frank’s house connects the rest of it. From there down is coming towards his house.

Ray Rood said all that stems from Raymond Development. Mr. Markey asked whose responsibility is the sewer in Raymond Development. Ray Rood said Jermyn Borough. Mr. Markey said why, we don’t even own it. It’s Archbald. Ray Rood said there was no bond for Jermyn Borough to fix it. Mr. Kulick said wasn’t there a $20,000 bond. Mayor said no, it was a line of credit or something. Mr. Kulick said Mr. Whitiak is suggesting this is a health issue and he spoke to someone at KBA. Mr. Kutch said he came down and met with him. Mr. Kulick said Mr. Whitiak met with Mr. Kutch and they said it was a dire situation. Mr. Kutch said he came down and met with him and explained to him what problem he had and that was it, he may have told him about the grease but he explained to him there was a problem on two days. January 2 and 15th. He also said that someone cleared up the grease in that manhole and everything started to flow after that. Mr. Kutch said he doesn’t know what it has to do with a dire situation. Mr. Kutch said its unusual in a residential area, we have grease problems in a lot of places, Jessup, Dickson City especially where you have the businesses. What happens is they typically introduce the FOG at a higher temperature and start to coagulate and solidify and go down the line. He doesn’t know of anybody in any residential setting unless someone is dumping in something that they shouldn’t be, but under normal cooking operations and washing your pots and pans with dawn, that typically does not lead to a Fats Oils and Grease accumulation in the lines.

If there is that kind of grease then there is something else going on besides just people washing dishes that type of stuff. There is something else going on. Mr. Smith said the last time we had a grease problem was with the Woodlands. Mr. Kutch said right and that was the restaurant that happens. Mr. Napoli said does it have anything to do with it being so cold and then it felt like spring those two days and then cold, can that be releasing it. Mr. Kutch said normally the fats just cling to the sidewall of the pipe and as they do they restrict the flow and then when you get a storm typically you get inflow into the lines, it can accommodate the flow. When the pipe gets restricted it will back up. It will show up some place. Mayor said the 15th, it got cold but prior to that we had the rain. Mayor said this can be a one-time deal, he doesn’t know, it might not happen again. Mr. Markey said with Gerald Raymond abandoning his development is there anyone that owns this sewer system right now. By default, us. Mr. Markey said what about Archbald Borough. By default them. Ray Rood said they don’t have a problem because they are on the higher end of everything.

Mr. Kutch said his understanding is that there was a complaint that was going to be filed jointly with Archbald against Raymond. Ray Rood said that was when he didn’t top the roads and they were deplorable. Mr. Kutch said he thinks it’s also pertains to that sewer line. Mayor said the sewer lines and roads, he topped the roads but that was it. Lou Demarco said the bottom line is we own that development now and what are you going to do to fix it. Mr. Markey said we own the part that has the problem. Ray Rood said we own the infrastructure. Lou Demarco asked who plows them. Ray Rood said Archbald. Mr. Markey said Archbald comes up to plow. Mr. Kulick asked what we do as far as the sewer problem. If this were done when Ray had the problem, would we still be having this problem. Ray Rood said yes because that project was coming down into his yard. Mr. Kutch said the issue was from that manhole at that intersection where Andy’s house and Rays house down to Lincoln Ave. is as flat as this table top. It didn’t have a pitch to get from one to another, the whole idea with that was if we went through rays yard the elevation difference between the manhole in that intersection, down to the field is like 4 or 5 ft. as opposed to 4 or 5 inches so we thought we can make that grade and it would be a substantial grade to that line and it would flow and the reason it doesn’t flow down that part of Bacon is because its flat. When they put it in it wasn’t put in right or it sagged afterwards. If it’s a grease problem, it wouldn’t have made any difference if you did that because that would have still plugged that manhole. Mr. Kutch suggested keeping an eye on it and seeing if the grease is going to continue to come there and if there is then you have to find out where it’s coming from. Mayor asked if he recommends to camera it and see what’s going on in there. Mr. Kutch said if you have chunks coming from that manhole it would be in that line, typically you have to auger them out of there. There is probably a lot of places where that pipe is restricted because of all that grease. We just did one in Jessup and it took 4-5 days to go 600ft just to get that stuff out of there but all of that came from manufacturing facility. He suggested to keep an eye on it and if we can get video it and find it’s restricted you will have to do something.

Mr. Smith asked if Archbald has that equipment. Mayor said they have the jetter but doesn’t have the camera. The county has it and years past they come up and help us, they will charge us but it will be cheaper than anyone else so we can talk to them and see if they come up and do it. Mr. Markey said we seem to be taking an awful lot of liability and a lot of aggravation here and really having minimal benefits or revenue. Mr. Markey asked the solicitor if there is any way we can approach Archbald and ask them for the rest of Raymond Development so we can put it on our tax bills. Solicitor said he would have to look into it and see who owns what portions. Mr. Markey said it starts somewhere and where it starts is Archbald, it’s a horseshoe road. Jermyn owns maybe the first 2-3 houses on each side going up and Archbald owns the rest of the arch. Mr. Markey said that’s a lot of houses there. Ray Rood said he doesn’t know how it was put in Raymond Development. The west side of Callahan is Archbald Borough. He knows one time they did approach Archbald on some of that and give them something else. Maybe with the new council we have a chance. Mr. Markey said Al gave them the Wright center for nothing, the previous council or solicitor. Ray said no, where the bar was, that was given to Jermyn Borough to get on the tax rolls because he needed the liquor license. Once that was no longer a bar and the Woodlands was no longer there, Archbald wanted it back. Mr. Markey said we are small enough as it is but now we have these houses on the top of the hill and hes not saying the houses in Jermyn aren’t contributing to the problem because I’m sure they are but it’s almost like a contributory, Archbald borough is contributing to this problem. It’s the same thing that we had up at Robert Hunt’s problem, when all the Mayfield water was coming into Jermyn.

Mr. Kulick said we will contact the County and see if they can come up and camera that for us, we will keep monitoring it and for the record there is no pending health or dire situation at the moment. Mr. Kutch said there is not in his opinion.

Tax Ordinance- tabled until next meeting

Berkheimer Tax Resolution- it was advertised the same time.

Borough Engineer: KBA-  BCM – KEILLY ASSOCIATESMr. Markey asked regarding the fees, BCM submitted their hourly fees and KBA submitted theirs and Keilly did as well but they are not here to speak on it. Mr. Markey said there is a pretty big discrepancy and he guesses the discrepancy comes in KBA’s part because the other ones are kind of in line as far as the fees. Mr. Markey asked Mr. Kutch how the fees for Jermyn are so low and how do they compare with other municipalities you are an Engineer for. Mr. Kutch said we haven’t changed our fees in Jermyn Borough for 15-20 years. We are here in town, we do work for the state, FAA, Federal Gov., and our rates are at least double that maybe more than the rates you see there. When we do third party billing we go back to our regular rates, you are not paying for it. Or if you get a contract to do some project in town that is funded by DGS or something else, they know what our rates are. Our fees were commensurate with any other engineering firm; they know what the fees are. If you had a $300,000 grant and the engineering design fees are 11% that’s what we would expect, whatever is acceptable to that agency that is providing the fund. Mr. Markey asked is it fair to say that outside of Jermyn Borough that your rates are more in line with BCM and Keilly. Mr. Kutch said he doesn’t know what their rates are but if you tell him he will answer the question. Mr. Kutch said he doesn’t have a problem if you want  us to be line in them, he’s ok with that. Mr. Markey asked how he determines whether you are charging hourly fees vs. a contingency percentage on a project or something like that. Mr. Kutch said that is up to you guys, normally in day to day stuff, it’s not like we bill a ton of hours to Jermyn, we don’t get a call that often but if we do, whoever works on that project puts that time on their time sheet and that time sheet, if you call up about a particular project that is given a job number, its gets 4 digit job number and then that’s posted. The only people working on that are the people assigned to work on that and typically in Jermyn it’s me or Tony. Mr. Markey asked BCM if they had anything to say. A representative from BCM said he came from another firm, they do not charge retainers, you are billed for the work we do. Mr. Markey asked by law or by code are we required to have an appointed Borough Engineer or can we hire by job or problem. Atty. said the common practice is to have a township engineer. Mrs. Dougherty said she just took a class this past week and it not required but it is recommended.

A motion was made by Mr. Smith and seconded by Mrs. Wilson to hire KBA as our 2018 Borough Engineer. All in favor; motion carried.

Mr. Kulick said to Mr. Kutch he would like to have someone here at the meeting at least for the 2nd meeting of the month meeting (third Thursday), him or Tony. Mr. Kutch said that isn’t a problem.

CODE OFFICER: Mr. Kulick said there were 6 applicants. Two were present at the meeting, Bill Aquilino and Jack Dougherty. Mr. Kulick said when we advertised we said to submit letters of interest but we didn’t say they had to be at the meeting to be interviewed. Should we invite everyone to interview or can we interview the two people here. Mr. Markey said there are two people that cared enough to show up which is more than 1 person so he thinks we should probably interview whoever is here. Mr. Markey said would a company interview every single applicant they got. Mr. Napoli asked if we can interview the two here so they don’t have to return.

Mayor Report:Mayor said the police have been busy since the beginning of the year, real busy. A lot of arrests, different things going on. They have been doing a really good job as usually, they always do. As everyone knows the parking ban was in effect and they went out and did the job they were supposed to do, they did it well. It really made a big difference for the plowing, you can see the streets are wide, it worked out well. On that note, they have been doing a great job. One of the things he would like to propose to tonight – he would like to donate his Mayor’s pay to this, if he can. A radar common device, you can put wherever you want where you are having a speed problem. There is many of them out there, what sets this one apart, it can actually log data and they can target hot spots by the data they get. It will take them coming and going, if they put it on Rushbrook we can get the traffic going and they can get a print out on what has actually happened. A lot of people say they are speeding but they aren’t speeding and they assume. They do work. When people see them they have a tendency to slow down, it flashes the speed you are going. He did get a commitment from Crime Watch to also donate $500.00. When it is all said and done, we would have to come up with $250.00, whether it comes out of the police budget or wherever. You can move it to the side streets and Main Street; it would almost be like having an officer somewhere. If you are getting a lot of complaints somewhere they can put it there and get the data log and see what it is actually showing, they can target different areas by that data. It will give them a print out on what is actually happening. Mr. Markey said no subscription fees and lifetime updates to traffic analysis software, Bluetooth and smartphone applications. Mayor said we do get a lot of complaints for speeding. Mrs. Wilson asked what the total cost is. $3,250.00

Fire Report:Ray Rood said he texted Mr. Napoli and Mr. Kulick this morning, last night the call we had at 10pm, our siren didn’t work. Our pagers went off and active 911. Around 11:30am, he tested it and he could hear it clicking and the 3rd or 4th time it gave a little siren blow so he had com. Center hit it again and it wound out. It was the cold weather. He had one request for smoke detectors which is taken care of. Channel 16 was supposed to do that again he talked to one of their camera men a while ago but he hasn’t heard of getting anymore. If anybody knows of any one that is disabled in there house or has hazardous conditions, please let the fire chief know. Ray said his son can put it into the system so they will know ahead of time when there is a call.

Zoning:Mr. Kulick asked about the gun shop sign. Bob Chase said he saw it this morning and it looks like a temporary sign until they get something made.

Engineer:Mr. Kutch said he just has to report the letter from the Army Corp. of Engineers on Rushbrook Creek. He understands that DEP is going to respond to these comments by May 1. He hasn’t talked to the guys at DEP but they sent the note. Council said it was March 15th. Mr. Kutch said they are not going to do that by May 1 he doesn’t know how they will by March 15th. Mrs. Dougherty said March 1. Mr. Kulick said he doesn’t know what to do anymore, he thinks we should have our solicitor contact DEP and have the county put the bridges in, and we are going to sit here forever with this. By the time it is done with the costs, we aren’t going to be able to afford it anyway. Do we really need it? Mr. Kutch said I think we do. Mr. Kulick said I feel bad for the people affected by it, do we just need the creek cleaned out. Mr. Kutch said you need the project, you can dredge that creek every year but that’s not a cheap solution either, his understanding is that grant money is coming to cover the Borough’s contribution. Mr. Kulick said there is also a cost associated it in this letter beyond that. $15,000 for maintenance. Mr. Kutch said he doesn’t know if there is funding for that, typically there is with the levies. Mr. Markey said much like the Raymond Development problem; the root cause of this is upstream by a different municipality, Scott Township and down to Carbondale Twp. and then Jermyn gets flooded. Mr. Kutch said that’s true but he doesn’t think there is anything up there that somebody did some super development that increased the run off. All of that stuff gets into that ravine quick and it comes down here quick. Mr. Markey said it probably won’t happen again in 200 years. Mr. Kutch said ya but it’s happened 6-7 times since 1900. Mr. Markey said if you take a drive up 107 right now and they cleaned up that portion, how much better shape would Jermyn be in right now. Mr. Kutch said not that, that doesn’t change anything, the restriction is still here. Ray said you go down on Madison Ave and stand on the bridge, you can hear those rocks. Mr. Markey said with the project in limbo, they won’t let anyone in there. Mr. Kulick said what is going to happen is sooner or later there is going to be a big thaw and there is going to be another flood. Mr. Kulick said he doesn’t know who else to talk to. Mr. Kulick said maybe we need to talk to the governor. Mr. Kutch said it’s as frustrating to him. It’s ridiculous. He understands the environmental issues and concerns. It sat because of the creek laws. This was discussed in this venue many times to take those lots and condemn them and get moving forward and we sat around, not saying you guys, he isn’t saying its councils fault. It’s just the consensus of opinion was not to condemn the properties but to see if we can find who ultimately owned it and that was a 4-5 year thing and nothing was happening down in Harrisburg, it was all here. Mr. Kutch said it looks to him, this is not easy to read and he’s not sure how they are going to have this by May 1. Mr. Kutch said he will talk to Andy Malene from DEP. Mr. Kutch said he sees light at the end of the tunnel after 15 years.

Police Report:4,284 calls last year. It is pretty high for a small borough. Chief Arthur thanked all the people that complied with the alternate parking. They had to tow some cars. We kind of targeted cars that were obviously defiant of the law; those were the ones we towed. We issued a lot of warnings. There were certain cars that we have known that essentially were abandon in the road, inoperable. We couldn’t really prove it but they have been registered and inspected which that’s all we can really tell if it wasn’t registered or inspected we can start the abandon vehicle process but some were inoperable like he said transmission. We were keeping an eye on them and this is kind of how we can get rid of the junk on the streets. Chief Arthur said if you drove around town the second day you could see where the plows were, big portions of the street were cleared. DPW did a good job and there were certain pile ups where cars were parked and they were beached. They were the specific cars we were targeting. Chief Arthur thanked the people that did comply. Chief Arthur thanked the fire police, it’s very cold out, the fire police guys they come out and stand in the cold weather, its freezing, raining, snowing. They are a great asset to us, we have very good fire police in town, and they are always there when we need them. Chief Arthur said at one point the solicitor was supposed to contact the owner of the old DPW building. We can make a copy of the key but I think they wanted to officially ask him. The fire chief needs a key to the building. The fire chief is always around and that is his area of expertise. He should have a key.


Council went into executive session at 9:05pm for personnel reasons. Council reconvened at 9:55pm.

A motion was made by Mrs. Wilson and seconded by Mrs. Dougherty to rescind the motion allowing the Borough to pay officer Russo $2.00 more in lieu of his health insurance. 6 yea, 1 no. Motion carried.

A motion was made by Mrs. Wilson and seconded by Mrs. Dougherty to give officer Russo $4,000 paid quarterly in lieu of his health insurance. All in favor; motion carried.

Code Officer:A motion was made by Mr. Markey and seconded by Mr. Smith to hire William J. Aquilino at $15.00/hr. as part time code enforcement officer. 1 abstain – 6 yeas. Motion carried

Safety:A motion was made by Mr. Napoli and seconded by Mr. Markey to accept the letter of resignation of Officer Hayes, he will be working in Scranton and cannot work anywhere else. All in favor motion carried.

A motion was made by Mr. Napoli and seconded by Mr. Markey to move officer Walters from probation rate to standard. All in favor; motion carried.

Shade Tree:$18,670.31 Balance for shade tree. Officers remain the same with an addition of Robert Parks as an associate- non-voting member. The Shade Tree met and Mrs. Wilson has more applications for the Hometown Hero Banners, it is going very well. Mrs. Wilson said the bank has already reserved, she doesn’t know who they are going to honor or they may honor all 5 she doesn’t know. Ray Rood asked if it’s just for Veterans. Mrs. Wilson said yes but the businesses can honor someone, they pay the fee like everyone else. The bank will probably honor all 5 entities of the service and it will be placed in front of the bank. She has to contact a few businesses.

Mr. Markey said from the bottom of his heart and he speaks for his family as well, thank you Chief Rood, Basil Kleha, probably saved their lives. All of the police, firefighters, fire police. It’s been a rough nine days and everybody in the house, we were sleeping, and you never expect someone that is going to run into your house at 80mph and take out your gas line and threaten the safety of the entire block. Mr. Markey thanked Chief Rood, Stanley Hallowich, Cpt. Chase, Allan, all the firefighters from Crystal and Artisan, William Walker ambulance and Cottage Ambulance. Ray Rood said once Stanley called in that gas meter was broken it should have went from an accident call to a fire call also. He told comm. Center, which was a mistake on their dispatchers part, once that gas line was ruptured it should have went into a fire call to protect the surroundings and the house. Mr. Markey said it could have been much much worse than it was.

DPW:Mr. Markey said the DPW have been doing a great job keeping the roads clean, both full time and part time. The plow schedule seems to work out really well. The new backhoe is still being built and we do not have an estimate. For rec. committee we were supposed to reconvene this past Tuesday night but weather and other factors played a part so we had to postpone that.

New Business:Mr. Kulick said he was looking at the ordinance, the rental permit ordinance. Gary Philips, last year paid for 4 units, he has 4 people living there upstairs. This year he wants to pay for one unit. They all have bathrooms, they don’t have a kitchen; just one big kitchen. Chief Arthur said two of the living areas have their own bathroom and two of them share a common bathroom. It was discussed that he should pay for 4 units, the building itself is a dwelling unit. Mr. Kulick said someone who has a rental property and if they are in violation of any ordinance in the Borough then they can be shut down. Chief Arthur asked who shuts them down. Mrs. Wilson said she would say code enforcement. It says in the ordinance if they are in violation of any Borough ordinance. Mr. Kulick said we have somebody that’s in violation. Chief Arthur said the current violation is the littering ordinance, that’s ongoing that violation. Chief Arthur said it’s falling through the cracks because no one knows who enforces it. Mr. Kulick said the chief can enforce it, the mayor. Chief Arthur said he doesn’t know if he has authority to shut down a house, as far as he knows he does not. That building has pending citations for putting out the garbage at one point and now they are in violation for keeping litter on the premises, which is pending a warrant right now because they failed to respond to the magistrate.

A motion was made by Mr. Smith and seconded by Mr. Napoli to adjourn the meeting at 10:30pm. All in favor; motion carried.



Minutes January 2, 2018

Minutes January 2, 2018

Jermyn Borough

Council Minutes

January 2, 2018

The Jermyn Borough Council held a reorganization meeting and regular council meeting on January 2, 2018 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.

On roll call present were: Kristen Dougherty, Frank Kulick, Dan Markey, Kevin Napoli, Joseph Smith, Cynthia Stephens and JoAnne Wilson. Also present were Mayor Fuga, Atty. Moran, Ray Rood and Bob Chase. Absent were: KBA and Evan Samuelsen.

MINUTES: A motion was made by Mr. Markey and seconded by Mr. Napoli to accept the December 21, 2017 meeting minutes; all in favor, motion carried.

Swearing in of Council, Mayor and Tax Collector

Council – Cynthia Stephens and Kristen Dougherty

Mayor- Anthony Fuga

Tax Collector- Ann Marie DeSanto


Council President: Mr. Markey nominated Mr. Kulick for Council President, seconded by Mr. Smith. All in favor; motion carried.

Vice President: Mr. Napoli nominated Mr. Markey as Vice President. All in favor.

President Pro Tem: Mr. Markey nominated Mr. Napoli. All in favor.


Solicitor: Motion made by Mr. Smith to retain solicitor Larry Moran and his firm for 2018, seconded by Mrs. Wilson. All in favor; motion carried.

Police Chief: A motion was made by Mr. Napoli and seconded by Mr. Markey to appoint William Arthur as police chief. All in favor; motion carried.

Zoning Officer: A motion was made by Mrs. Wilson and seconded by Mr. Napoli to appoint Bob Chase as zoning officer. All in favor; motion carried.

Mr. Kulick asked if we have a resignation letter from Joan Christian for the LST. She did not hand in her resignation yet. Mr. Kulick said she indicated she no longer wishes to be the LST collector.

LST Collector: A motion was made by Mr. Markey and seconded by Mrs. Wilson to appoint Berkheimer as our LST collector. All in favor, Motion carried

Engineer: We received 3 letters of interest for Borough Engineer. A motion was made by Mr. Napoli and seconded by Mrs. Wilson to table this matter and to compare all proposals for next meeting on January 18, 2018. All in favor, motion carried.

Council went into executive session at 7:15pm. Council reconvened at 7:32pm.

Fire Chief: Larry Moran asked for a motion to appoint Fire Chief and also to designate the elected captain of each fire co. in the Borough as asst. fire chief with the expectations that they will so serve as acting fire chief in the event of an incapacity or vacancy in the role of fire chief until council can otherwise fill that position. A motion was made by Mr. Smith and seconded by Mrs. Wilson to appoint Ray Rood as fire Chief with the expectation that the elected captains of each fire co will also be designated as asst fire chief for the Borough and be willing and able to serve in the event of a vacancy and incapacity. Mr. Markey asked if we received any letters from anyone showing an interest in fire chief. Mr. Kulick said just Ray Rood. All in favor; motion carried. The Assistant Fire Chiefs are James Allan and Bob Chase.

Mr. Lou Demarco asked what kind of advertising we did for these positions, just Facebook. Lou asked how we expect to get viable candidates with just putting it on Facebook only. If you want transparency, why not put it in the newspaper and allow all the people that read the newspaper, how many people read Facebook? Lou said he is wondering why it wasn’t put in the newspaper. Mr. Kulick asked for what positions? Mr. Demarco said any of them, the ones that were appointed tonight; he understands the fire chief is in town. Why wasn’t it advertised further than Facebook? Mr. Kulick said code officer we will probably have to advertise. It is word of mouth they were in the minutes. We got two other proposals for Borough Engineer. Mr. Markey said he agrees and made it no secret he told everyone up here, the old council that he thought it should be advertised in the paper. He understands Mr. Kulicks point as well, they are local. We can get an engineer, code officer and solicitor from anywhere. You want a local fire chief, police chief, zoning officer but he understands Mr. Demarco’s point. Mr. Kulick said anybody that is in the soliciting business or zoning business they know every 2 years there is a reorganization meeting. Every two years those positions get appointed so why wouldn’t they put something in. Mr. Rood said for the code enforcement the place to look is our 3rd part inspection agency. Mr. Chase said NEIC does it. Mr. Kulick said we are trying to do it on a shoestring budget. Lou Demarco said you have to look at what you are getting for what you are paying now. He said he brought other firms that can do better for half the price and hopes we are looking across the board for these positions. Lou asked why the Engineer was tabled. Mr. Markey said it is a big proposal and it’s not fair to us and fair to everyone else, we just got it tonight. We need to go home and do our homework on it. Mr. Kulick said we have to look at the proposals at a financial standpoint; both of them are pretty detailed. Lou said he hopes we do not have history repeat itself.

EMA Director: Mr. Napoli appointed Ralph Bensing as the EMA director for Jermyn, seconded by Mr. Markey. All in favor; motion carried.

Committees: Mr. Kulick said he changed a few things around and his goal was to create a couple other committees and to straighten some stuff out. He wanted to have each council member have a responsibility.

Finance: Joseph Smith – Chairman, Dan Markey and Kevin Napoli. He said he included Mr. Napoli because the two major expenditures for the Borough fare DPW and the police.

Public Safety:  Kevin Napoli- Chairman, Joseph Smith and Cindy Stephens.

DPW: Dan Markey- Chairman, JoAnne Wilson, Kristen Dougherty.

Grants: Kristen Dougherty-Chairman, Dan Markey and JoAnne Wilson

Employee Handbook Review Committee– JoAnne Wilson- Chair, Joseph Smith, Cindy Stephens.

Ordinance Review– Cindy Stephens- Chair, JoAnne Wilson and Kristen Dougherty.

Employee liaison– Joseph Smith

Shade Tree liaison– JoAnne Wilson

Recreation Liaison– Dan Markey

Planning Liaison– Kevin Napoli

Mr. Kulick said we do have an opening on the zoning board.

Zoning Hearing Board: Mr. Markey made a motion to appoint Lou Demarco Jr. to the zoning hearing board, seconded by Mrs. Wilson. All in favor; motion carried.

Building Doors: Will be tabled until next meeting. Mr. Markey asked why. Mrs. Wilson said because she did not talk to Tony Grizzanti yet and she wants to discuss with him what he has found out about the doors and if she needs more information she wants to be prepared to present it. Mrs. Wilson said we waited a year, one more meeting, at least this way we will get the doors that we want. There is only a $60.00 difference. She wants to make sure because Mesko changed the doors, they are not like what we have now, and they changed them so she wants to make sure the change will fit in with what we have because they do not include masonry, carpentry or anything of that nature.

 Tax Ordinance: A motion was made by Mr. Smith and seconded by Mr. Markey to prepare and allow the solicitor to advertise the 2018 tax rate millage at 29 mills. All in favor, motion carried.

Garbage: Resolution – reducing the garbage fee from $145 to $125. Mr. Kulick said two years ago it was $200.00

Backhoe:Mr. Markey said we got a few different quotes. We got a quote for a John Deere, for the benefit of the new council members, a John Deere representative was here 2 meetings ago and they gave us a quote. Last meeting we had Stephenson give us a quote on JCB 3cx compact backhoe. Mr. Markey said the backhoe that we currently have is failing, we tried to use it to load salt the other day and it wouldn’t start. It has an electrical problem and we need to get out from under it ASAP. The JCB which we feel, I believe as a collective DPW, that it will fit our needs more so as the John Deere which is bigger and bulkier and even more expensive. Stephensen came in with a price last meeting, first of $94,000. Then, we told them there were some things we might not need and then they came in around $84,000, before any trade-ins. Then they were giving us $12,000 for the trade in. Mr. Markey called them this morning and he spoke with the representative. The Jcb 3cx compact didn’t come standard with any lighting package. He asked her if there is anything they can do with the trade in or if they can give us some type of add on, like a lighting package. They came back and did both and gave us the $2,000 lighting package for free and gave us an extra $5,500 on the trade in just this morning. Total sale after trade in will be $63,582.76, which we can lease or purchase over a 5 year period. Mr. Markey said it less than what the John Deere would have been. Mr. Markey said if we wanted to we could use our trade in value as the first payment if we so choose. The other differences, John Deere had a 5 year 1500 hour warranty included; this has a 5yr 5,000 hour warranty included. We discussed it a lot over the past few months. A motion was made by Mr. Markey and seconded by Mr. Napoli to purchase a JCB 3cx Backhoe from Stephensen Equipment for $63,582.76 after trade in to be paid for by liquid fuels and up to 5 years. All in favor; motion carried.

Chipper: Mr. Markey said our current chipper is also failing us. We have bad teeth and blown motor. We did get a few different quotes for chippers as well. We didn’t go with the most expensive option. This would also be from Stephensen equipment.  It would be $18,228.80. This will be paid from the garbage fee, which we had the solicitor research and we are allowed to use garbage fee monies on chippers and other things for waste reduction. Also, the purchase of this chipper was also taken into account when the Finance Committee from 2017 met to put together the 2018 budget. After the chipper purchase we are still able to lower our garbage fee from $145 to $125, even taken this $18,000 into account. A motion was made by Mr. Markey to purchase the chipper from Stephensen equipment for $18,228.80 to be paid for out of the garbage fee. Mrs. Dougherty asked if there are other bids from different companies. Mr. Markey said there was another bid from the same company for a bigger chipper and we had a bid from a different company for a bigger chipper as well, one was $29,xxx and there was another one a little bigger than this one. Seconded by Mrs. Stephens. All in favor; motion carried.

Police: Mr. Napoli made a motion to allow Officer Russo to exercise the option to not take the health insurance and get paid $2.00 more at a rate of $19.00 which is what we allotted the original officer. Mrs. Wilson asked if we are setting a precedent. Mr. Markey said no we set our precedent with Dominic. Mr. Napoli said when we started we gave them that option if they didn’t take the insurance we would give them $2.00 an hour more. Mr. Napoli said it comes out to half of the insurance if we were to pay the $8,000 a year for the insurance; it comes out less than half of that. Mr. Markey seconded the motion. All in favor; motion carried.

Mr. Napoli said we wanted to discuss the last meeting, Mr. Smith had said there was a raise across the board for all employees. Mr. Smith said no the budget included raises as discussed, not across the board, whatever we talked about in the Finance meeting. Mr. Markey said the raises that were in the budget were $.50/hr. for Tony and Joe and Cara. Those were the only ones. Mr. Smith said those were the ones discussed in the budget. Mr. Markey said the discussion was brought up after that meeting, it might have just been the verbiage and he thinks it was said in the meeting the new 2018 budget includes raises for all the employees. It may have just rolled off but then that brought up the question, did the part time police get a raise and the answer was no and the question was why. Mr. Markey said when he went back and looked at it and looked at the part time police officers pay, it is still rather low. Mr. Markey said we should at least discuss it and the possibility of increasing the pay. Mr. Markey said he understands it would have been a better discussion at the Finance meeting but it didn’t come up until last meeting, we are in a reorganization meeting and we have the power to reopen the budget. Mr. Markey asked Atty. Moran if we decided to increase the pay of the PT officers would it require the budget to reopen. Atty. Moran said you have the power to do a budget amendment. Mr. Markey asked if it would need to be advertised. Mr. Smith said it doesn’t have anything to do with the budget; we can do it any time. Mr. Markey asked if anyone has the current police officers pay rates. Mr. Markey said most are paid the same. There are two that paid higher. Mr. Napoli said Officer Caljean and Brazen are paid higher. Mr. Markey said we have had this discussion many many of times that the police in our Borough aren’t paid what they should be and what they are worth. Now that the year is over and we see a little bit of surplus in our 2017 budget begs the question, should we give them a little bump in pay for serving their time here or they can go somewhere else and get $5.00/hr. more. Mr. Kulick asked what the current pay is now. $14.00/hr.

Mr. Napoli said if you look up and down the valley and see what other Boroughs are paying and then you come back to Jermyn. Lou asked how many part time officers are there. Chief Arthur said 12. Mr. Kulick said they cover 1 shift per day and weekends. There is $68,038 in the budget for 2018 for part time officers. Mr. Smith said not everyone is on the same pay. Mr. Kulick said it is $14.00 average. Mr. Smith said he isn’t sure on the salaries. Lou Demarco asked how much was there a surplus in the budget. Mr. Markey said after we ended the year, he isn’t exactly sure the year just ended on Sunday but the last time we got a treasurer’s report, keep in mind we carried over $100,000 surplus from 2017 to fulfill the 2018 budget but the last treasurer’s report above and beyond that $100,000, he thinks was another $33,000. Lou Demarco asked if that is all the Borough has surplus wise. Mr. Markey said there are other accounts but that is just the general fund. Mr. Kulick asked if there is anyone thinks they don’t deserve it. Mr. Smith said it’s not a matter of not deserving it but going back to finance committee and discussing it at a finance level and bring back a recommendation.

New Business:Mr. Kulick said we have a copy of the 2016 prior not including 2017; we have $20,000 in real estate and garbage fees not paid. That does not include 2017.

Mr. Kulick said we only collected half of the rental permit fees so far and they are due tomorrow. We are not taking it lightly, if they are not in and properly filled out we will take every action we can legally, which is substantial.

Mr. Kulick said his goal this year is to be as tough as we can possibly be for the garbage issue, rental, delinquent tax payers, and blighted properties. It has to stop. Lou Demarco said the Main St. is embarrassing.

Mrs. Wilson said she wishes we can have the garbage picked up in the alleyway for the 600 block of Washington. There is an alleyway back there. The majority of the people that use Johnson Ct. between 500 and 600 block, you go down that alleyway, the majority of people put their garbage in Johnson Ct., not on Main St. She understands some may be handicapped and they do put it out in front, which is ok and then they take it in. The 600 block on the one side, if we can get them to use that Davis Ct. in the back. Mr. Kulick said the one you are referring to, they can put it where ever they want, are we not picking it up. They are on the list since 2013. They still owe 2 years, now the garbage is sitting on the side of their house and we can fine them for littering. Mr. Markey said he doesn’t think we can force people to put their garbage in the back of their home. Mrs. Wilson said she doesn’t see why not, there is parking for the businesses, it is a business district and there is an alley. There are huge pick ups in the back. Wayne’s and Dominick’s Pizza has one. It is a business district, there is only 2 hr. parking on the one side of the street, when these trucks come through it can be a safety hazard. Mrs. Wilson said the 500 block you can’t because the one side does not have an alley and then you get into residential but in that one section we can do it. Atty. Moran said we have the power to regulate if we want to do something by ordinance or resolution. Mrs. Wilson said she would really like to look into that.

Mr. Markey asked if we can do anything to have Floyd Celli move his big truck out of the way. Chief Arthur said its 2 hour parking and he does move it. If it’s legally parked, registered and insured we cannot do anything as long as it’s moved within the 2 hr. period.

Mrs. Wilson said after our Shade Tree January meeting, she will go talk to Mr. Cerminaro to cut back the trees on his perimeter.

Mr. Kulick said in the ordinance, trash collection, states that commercial business has to have the same garbage company that the Borough contracts with. Atty. Moran asked if it something we want to maintain or enforce or amend. Mrs. Dougherty asked if it was an agreement made with County Waste. Mr. Markey said no it was an ordinance from 1981. Atty. Moran said he’s not sure if it has changed but assumed it was legal in 1981, we can always take that out of the ordinance. Mrs. Wilson said if they can get it some place cheaper. Mrs. Wilson said we do not want to cost the businesses more money. Mr. Markey said the only thing he can think of when that ordinance was made was the increased truck traffic in town, which was almost 40 years ago. Mrs. Wilson said maybe we should revise that and delete it.

Mr. Kulick said Mr. Parks social security number somehow got tied into another employees and he got a letter from the IRS for unreported income for 2016. If there is some kind of cost occurred from the accountant we will cover it.

Mr. Markey said now that we have two new sitting council members, we are the only Borough in the county that has a council that does not get paid to serve. Mr. Markey asked why? Mrs. Wilson said this is a town of volunteers. Mr. Markey said not many volunteers; most of them are sitting in this room. Mrs. Wilson said it is 1 mile square and we all knew when we ran for election, there was no payment. The only thing we get is a subscription to the Borough magazine, meetings, etc. Mr. Kulick said even if we wanted to do that we would have to do it for the next cycle. Mrs. Wilson said it is volunteerism. We ask our solicitor to keep his prices down, our fire chief, our engineers, we have volunteer firemen, our DPW do a lot on their own when they are off the clock volunteering because people know they can call and ask them, this is volunteer, we ran knowing weren’t getting paid and we should keep it that way. Mr. Markey said he respects her opinion, he always thought that too but people come up to him and said and one of the things you have to think about, what if someone comes up to you with a problem and you say “I don’t get paid to do this, I don’t care.” Mrs. Wilson said then you do not belong on the council. Mr. Markey said he understands that but you can be having a bad day. Mrs. Wilson said even you are getting paid you can say “that’s not my committee; I don’t get paid to do this.”

Mr. Markey said he just wanted to know everyone’s thoughts.

Mr. Kulick said he wants to officially welcome our new members and thank them for volunteering. We are looking forward to a great 2018.

Mr. Markey said there was a letter sent from DGK and it states the auto liability coverage was added to the Jermyn Borough policy. He does not think we agreed to do this. It doesn’t sound right. We will follow up with DGK. We were supposed to get the bill for it but not the coverage.

A motion was made by Mr. Napoli and seconded by Mr. Markey to adjourn the meeting at 8:40pm. All in favor; motion carried.


Minutes 12-21-17

Minutes 12-21-17


Jermyn Borough

Council Minutes

December 21, 2017

The Jermyn Borough Council held a council meeting on December 21, 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, Ray Rood and Bob Chase. Absent were; John Mark, KBA, Atty. Moran and Evan Samuelsen.

Mr. Kulick asked everyone to remain standing for a moment of silence for Carol Filbert, who was very instrumental in getting the gym open and Jean McDermott whose son Jeff was a former councilman.

MINUTES:A motion was made by Mr. Markey and seconded by Mr. Napoli to accept the minutes of December 7, 2017. All in favor; motion carried.


General Fund $133,994.68, Recycling $5,743.23; Refuse $80,568.65, Investment Liquid Fuels $68,339.19. Disbursements from November 17 to December 21, $72,006.69. Deposits $44,450.03. Mr. Markey asked what the bill for MBC Solutions for it. It is for a prepaid block of time. Mr. Markey said he had to use the computer over the weekend and the one computer is still on Windows XP. Mrs. Wilson said it needs to be updated. Mr. Markey asked if this bill will pay for any software upgrades or anything like that because we are in dire need of it. The invoice is based on his time, not the software. Mr. Smith said he installed the Peachtree. Mr. Markey asked if he or we keep track of what is used on this prepaid time. He sends an invoice for his time on the amount of time he spent on doing something for us. Mr. Smith said his recommendation is to get a new computer instead of upgrading, it is an old computer. Mr. Markey said we have files we need to back up. Mrs. Wilson said if something should happen to the main computer and we need to get payroll out or something that immediately has to get out and it is going to take them awhile to fix it, usually they are very efficient and sometimes that does happen, that is why we have that second computer; even though it was old, that is why we never pushed it because it is the backup. Mr. Markey said we should upgrade the computers to maybe a laptop. Mr. Napoli said it would be smart to do a desktop and a laptop, instead of two desktops. A motion was made by Mr. Smith and seconded by Mr. Markey to accept the finance report. All in favor; motion carried.


Mayor said it is his last official meeting.

Walter Avery received a certificate of recognition, paying tribute to Walter Avery for his dedication to the community. Walter is a devoted Lions club member and also the Historical Society. Jermyn Borough Congratulates Walter Avery.

Thomas Pidgeon – Thomas received a certificate of recognition. Thomas is a student at Lakeland High School where he is an outstanding and recognized athlete. Thomas was selected for the 2017 All Region Football Team as a wide receiver. Jermyn Borough congratulates Thomas Pidgeon and best wishes in his High School Athletic Career.

Dani-elle Kleha –  Dani-elle received a proclamation honoring Dani-elle. Dani-elle is a Nashville performing and recording artist. Dani-elle has performed on some of the most well-known stages in Nashville. Jermyn Borough congratulates Dani-elle and best wishes within her music career.

Mark Edwards- Mark received a certificate of recognition. Mark was inducted into the 2017 United States Bowling Anthracite Hall of Fame. Jermyn Borough congratulates Mark for all of his accomplishments and dedication.

JoAnne Wilson- Jermyn Community Service Award Honoring JoAnne Wilson. Mayor said it was something he wanted to do for all of the help JoAnne has given the Borough since he has been here. In recognition of her tireless effort of the beautification of Jermyn, creation of the Memorial Garden, planting of 800 trees and WWI Park. The citizens of Jermyn extend their sincere gratitude. Mayor said it is for all of the help over all of the years, she is very instrumental.

Robert Parks- Mayor said Bob has helped with the Crime Watch, Events Committee, Shade Tree, Historical Society and DPW.Robert served on council for 12 years and has been very instrumental for many of Jermyn’s improvements. Robert served as the DPW chairman and council vice president. Jermyn Borough thanks Robert for all of his services he has provided to the Borough.

Mayor Smallacombe- Mr. Kulick presented Mayor with an award honoring Mayor Smallacombe. Bruce served as Mayor for 16 years. Bruce is well known for his involvements within Jermyn’s organizations. He is a charter member of the Historical Society and the Annual Christmas concert. Bruce is also an active member in the Lion’s club. Jermyn Borough thanks Mayor Smallacombe for all of his years of service as Mayor.

Police Report:Chief Arthur said the officers and the fire police did a traffic control for the light parade, citations were issued for ordinance violations for 614-616 Washington for garbage, and they try to put their garbage out again. The issue was addressed for them putting garbage next-door. The citations have been filed for the building owner and property manager. The juveniles from the park damage were identified and arrested. When court comes we are going to ask for community service and restitution. They had another incident recently where a juvenile was over on the East side spray painting things. This was a very good example of the Crime Watch working. One of the Crime Watch members observed spray paint over there in town and observed the suspect and notified the police immediately. An officer went over and did the investigation and spoke to the father and kid and he was arrested for criminal mischief. This is ideally how Crime Watch should work. Chief Arthur said the police cannot be everywhere, the member observed the activity and gave them all the information they needed to investigate. Police also arrested a Megan Law violator. The department of recertifications for this year are done. The camera at the Borough building on the side by the gym above the storage doors, it went dark at night. Chief Arthur called Mike Shea to make him aware of it, they replaced the camera. It may still be under warranty. All cameras are now working. There was a meeting with the bank with an emergency plan if there was ever a robbery. They are still doing house watch checks, some people are going down south for the winter.

Several notices have been put out regarding the snow removal. We had to tell people the Borough ordinance; it has to be removed within 24 hours of the storm. If there are issues with that, please call the police they will address it with the property owner. Total calls for the years are 4,190. They have been busy.

Mr. Smith thanked Chief Arthur, he had a family call him to see if they can watch their house for a funeral and the police were there right away. There was also a verbal altercation in front of Battenberg’s and the police went right over. Mr. Smith thanked the police.

Mayor:Mayor thanked everyone that came out and helped with the light parade. Mayor thanked all the residents that came out and supported the 25th Annual Christmas Show. A lot of hard work goes into doing these and the people of Jermyn enjoy it. Mayor said we have a new business in town, Colin’s Beauty Salon on Rushbrook. He said it is packed all the time and hope it continues and hopefully the new Mayor can do a ribbon cutting ceremony there. Mayor said she is thinking about buying the building if things work out good, they fixed it up nice inside and it is busy.

Mayor thanked all of the police officers for the last 16 years that worked under him. They have done a great job. He thanked all the council, solicitors, council presidents, firemen, secretaries, managers, zoning officers. There have been a lot of good people that have done great things for the town.  Mayor thanked Chief for doing a great job, the police dept. is running very well. He said hopefully the new Mayor gets a key to the police dept. Mayor said two things he has for the police dept. Mr. Napoli brought up the radar last meeting. Mayor has been against it since it came out and it is something we don’t really need, we have the enrad system and we have the vascar. We have 25MPH speed limits. Mayor doesn’t think it is necessary thing for a small town. It is an unnecessary expense that we do not need at this time, we do a good job patrolling our Borough and patrolling speeders. The ENRAD system works well.

Mayor said we did have a verbal agreement over the course of all the years he was here we did have a 5 mile radius that the officers can leave and go get lunch. It was abused in the past and then it got better. He would like to see the Borough put something like that in writing in the police manual so that the officers are not taking the police car and leaving town and going in excessive amounts of distances from the Borough. A 5 mile radius is plenty; you can still get to the Burger King in Carbondale and Eynon and still get something to eat without worrying about seeing them somewhere else. The officers we have now are very good about it, it isn’t a problem but it does present a problem and citizens see it and it is not good for the Borough.

Mayor thanked everyone that supported everything in Jermyn throughout the years. Jermyn will continue to prosper and grow. The new council is doing a great job as well as the Borough secretary has done a great job so far. Mayor thanked Mr. Chase and Mr. Rood for all they do.

Fire:Mr. Rood said a few years ago we implemented an active 911 system, which notifies us of a fire call. It was always on everyone’s phone itself. His son Chris upgraded that they have monitors in the station now that when you come in and someone is coming to the station, you can see it on the monitor now. We have to put in we are going to the station or scene. It also gives a direction to where they are going on the map, to where the activity is. Right now, Chris and him are in the process are putting in where all of the hydrants are so when they get a call you can see exactly where the hydrants are before you leave the building. The size of the mains will also be in there.

Chief Arthur said there was an issue over Millenium with the parking, the guy across the street was parking on the sidewalk. Chief Arthur said where he is parking is actually on the curb but they had poles where the sidewalk was, technically where was marked before was the walkway. Technically he is not parking on the sidewalk, now the poles are gone. Whose job is that to make sure the poles are put back up and the problem is addressed. Mr. Chase said the new owner took over and he is not familiar with the new owner and he obviously wasn’t made aware of the previous agreement with the parking. Before he bought the place or when he bought the places, the poles were moved. He doesn’t think the new guy is made aware of the arrangements. Mr. Chase said it is the neighbor who decides to park and block everyone in.

LCAB:A motion was made by Mrs. Wilson to pay the 2018 LCAB membership dues for $75.00, seconded by Mr. Markey. All in favor; motion carried.

Finance:Mr. Smith thanked the committee; they spent many hours and many nights working on it. Mr. Smith thanked the Borough Secretary. Mr. Smith also thanked Mr. Kulick. It was a good committee and we came out with a good budget. Mr. Smith said he thinks 2017; we did a good job in watching our line items. Everything came together for the first time in a long time.

DPW: Mr. Markey said they will wait until next month to discuss the garage. KBA is talking to USDA regarding the building on funding.

Recreation: The rec. committee is having their 3rd annual Christmas party tomorrow night in the gym at 6PM for all children 12 and under.

Public Safety:Mr. Napoli thanked Chief Arthur and the other officers. With Officer Calzola resigning it left open a lot of uncovered shifts. When someone cannot cover Chief Arthur does it on his own. Mr. Napoli said Chief Arthur has 1 week of vacation left which he usually takes the week of Christmas, with Officer Calzola out, he cannot take the vacation. Chief Arthur asked Mr. Napoli to bring up if he can move the week he is owed over to next year because if he does not use the time he will lose it. Mrs. Wilson said suggested to use it in the beginning of 2018 so there is no confusion, she doesn’t see a problem it’s because an officer is not here. Mr. Napoli said with hiring a FT officer tonight and hiring the two PT officers there should not be an issue covering shifts in January. Mr. Kulick said the alternative would be to pay him; he’s kind enough to push it into next year. Mr. Napoli made a motion for Chief Arthur to take his 1 week vacation for 2017 and move it to next year, seconded by Mr. Markey. All in favor; motion carried.

Full-Time Officer: Mr. Napoli said the Committee met tonight with patrolman Russo, who is a part time officer here. It is a recommendation to hire Officer Russo as our Full time Officer to begin the first pay period of the New Year. A motion was made by Mr. Napoli to hire Anthony Russo as a Full time patrolman second shift with a rate of $17.00/hr. beginning the first pay period of the New Year in 2018, seconded by Mr. Smith. All in favor; motion carried. Mayor said he doesn’t have any say after this but he still thinks the Borough should use the grant from the Federal Government, it doesn’t come out until June but it’s not a necessity to have an officer, its nice to have it, but I think we can wait until June and save the tax payers a lot of money by getting the grant. Mr. Smith said this was discussed thoroughly at the Finance meetings and there were a lot of discussions on the pros and cons on having full time vs a part time officer. At this point in time if we didn’t have a full time officer, we still owe $17,000 for the full time officer pension even though there isn’t one. We are paying for two officers even though there would only be one. That was one of the positive things about having another officer. We felt that Jermyn is much better provided with Police coverage with a second officer because the reports that the finance committee got that it was getting harder and harder to fill shifts so to have continual coverage to provide the services that have been established in the past with Officer Calzola, we felt that best thing would be to hire a full time police officer. Mr. Smith said he thinks it’s a good move and in addition the Finance Committee studied all the kinds of grants that we can possibly get for the 2017-2018 budgets and anything that comes up that would help decrease the costs to the Borough for a full time patrol officer, the committee will definitely look into it. Mr. Smith said we felt it was in the Borough’s best interest to hire a full time officer. Mayor said he agrees a full time officer is needed he pushed for it for years. There is a federal grant that comes out every single year; it comes out in June every year.

Mr. Kulick asked if it’s guaranteed we would even get the grant. Mayor said he doesn’t know if it’s guaranteed but we would have to apply for it, it’s too late now. It should have been done years ago. Mr. Smith said he appreciates Mayor’s position but in the interest of the Borough, rather than wait the 6 months we felt it was the best thing to do it now. Mr. Napoli said the Mayor’s original comment was that it was nice to have but it wasn’t necessary. Mayor said not right now. Mr. Napoli said Mr. Smith made the comment its necessary and you agreed with it. Mr. Napoli said it is necessary for the Borough to have two full time officers and the reason he knows that it is necessary just look at the difference that has been made in the past year with having two full time officers. Look what has been taken care of with issues happening in town. Mayor says he agrees with him he just thinks they should have taken advantage of the grant.

Doors: Mrs. Wilson said it will be discussed in January.

MS4 Ordinance:Mr. Kulick said it was advertised and ready to be passed. A motion was made by Mr. Markey and seconded by Mr. Napoli to pass MS4 ordinance #15-17 regarding the storm water management ordinance. All in favor; motion carried.

Tax and Garbage for 2018:Mrs. Wilson made a motion seconded by Mr. Smith to allow the solicitor to prepare an ordinance establishing the tax millage rate for 2018 at 29 mills and the garbage fee at $125.00. Mr. Markey said he thinks the solicitor should be here to be informed by council at meetings or send a representative at his office. All in favor; motion carried. Lou Demarco asked if we still pay the solicitor if he doesn’t show up. Mr. Markey said he is on a retainer. Mr. Kulick said he should be here he won’t argue with that. Mr. Kulick said other than the retainer which is $400/month we have not paid him for anything else. Lou Demarco said it seems even when they send someone it seems like the person they send the person isn’t updated on what is going on. Hopefully someone in January comes around. Lou Demarco asked if we know who put in for any other positions. The police chief and KBA put in so far.

Budget:Mr. Smith made a motion to adopt the 2018 budget which includes raises for all employees and holidays for Borough Secretary that are included in it already. Mr. Markey seconded, Mr. Markey asked if it has been inspected by anyone. No one has come in and looked at it. All in favor; motion carried. Mr. Kulick said the budget that we have is excellent, compared to previous budgets he has seen in the past, this is a really working budget. The Finance Committee did a fabulous job.

Meeting Dates 2018: Mr. Kulick said we can leave them as we are or we can change them. Mr. Kulick said with a work session if we want to do something we can’t do it all we can do is talk about it. This way with two meetings we can talk about it and act on it. Mrs. Wilson said it was mentioned about the LCAB meetings; they only meet one a quarter. Mrs. Wilson said so it will be the 4th and 18th in January. Mr. Markey said no the 2nd in January. Mr. Kulick said we can say that will be our meeting for the month. Mr. Kulick said he complained last time that they shouldn’t have had a working meeting after the reorganization meeting. Mr. Markey said so does that mean we will have 3 meetings in January? Mr. Kulick said the reorganization meeting will take 3 minutes. Mrs. Wilson said we can just have one meeting in January and have the reorganization. Are we staying with the first and third Thursdays? Mr. Markey said if we went to the 2nd and 4th Thursdays so no one can miss the LCAB dinners. Mr. Napoli asked if we can table this to next meeting to have the input of the new council members. Mr. Kulick said it has to be advertised. Mr. Smith asked if we need two meetings a month. Mr. Markey said he thinks we do. Mr. Kulick said he likes two meetings a month. Mr. Parks said it is a good if something comes up. Mr. Smith asked if we have to meet on Thursdays. Mr. Napoli said he cannot do Monday’s. Mr. Markey said he is good with Thursdays; they have never been a problem for him. A motion was made by Mr. Napoli and seconded by Mrs. Wilson set the 2018 meeting dates to the 1st and 3rd Thursday of the month at 7pm. All in favor; motion carried.

New Business:Mrs. Wilson asked if the reorganization meeting is the 2nd and the 1st meeting is the 4th and the next is the 18th. Mr. Smith said why we can’t conduct business right after the reorganization meeting. Mr. Kulick said he would feel hypocritical because when he came in he said they shouldn’t have done that. A motion was made by Mr. Smith and seconded by Mrs. Wilson to have the 1st regular meeting after the reorganization on January 2, 2018 and the 2nd meeting on Thursday January 18, 2018. 3 yeas, 3 no. Mayor- tiebreaker – yea. Motion passes.

Mr. Parks said he appreciates everyone that voted for him over the years and he hopes he served everyone well. He hopes the new council fits in well and everything keeps going forward the way it is. He appreciates the way things are looking and hope we move forward. Council thanked Mr. Parks for his service.

Mayor thanked the Crime Watch for all they do.

Mr. Lou Demarco said there has been a lot of drug overdoses in our area in the last 2 weeks. He has been to two viewings in the last week for 2 young people. Is there anything in the Borough that we take part in to prevent that? Carrie Chase said she volunteers for the Forever Sammie Foundation. They lost their daughter two years ago to a heroin overdose. They came in and spoke to a couple of people at our Crime Watch meetings. The problem is we cannot get enough people to join the crime watch.

Mr. Smith said Lou brings up a good point. In our budget we hired someone for the summer. 10 weeks for the summer and maybe we should try to do something earlier and put together a curriculum and in that curriculum have something about drugs and let them talk to the young kids and maybe we can do something as the Borough, if we save one person.

A motion was made by Mr. Parks and seconded by Mr. Napoli to adjourn the meeting at 8:35 pm. All in favor; motion carried.