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Minutes April 6, 2017

Jermyn Borough

Council Minutes

April 6, 2017

The Jermyn Borough Council held a council meeting on April 6, 2017 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.

On roll call present were: Messrs. Frank Kulick, Robert Parks, John Mark, Dan Markey, Kevin Napoli, Joseph Smith and JoAnne Wilson. Absent were: Dylan Reeves and Evan Samuelsen Also present were Mayor Bruce Smallacombe, Tony Grizzanti; KBA, Fire Chief Ray Rood, Zoning Officer Bob Chase, Atty. Christopher Harrison.

Mr. Kulick asked everyone to remain standing after the pledge of allegiance for a moment of silence. He stated this past week the community lost 3 members all in their own way contributed to the well-being of Jermyn over the years; Mr. Pidgeon, Mrs. Bennett and Mr. Tony Fuga Sr.

 MINUTES:A motion was made by Mr. Napoli to accept the March 3, 2017 minutes, seconded by Mr. Markey; all in favor, motion carried.

Treasurer’s Report:General Fund $91,044.46; Liquid Fuels $9,155.27; Refuse $88,606.29; DPW Capital Reserve $12,721.06. Disbursements are from February 17, 2017 to April 6, 2017 $86,216.04; Deposits from February 17, 2017 to April 6, 2017 $208,892.14. A motion was made by Mr. Markey and seconded by Mrs. Wilson to accept the treasurer’s report and disbursements as presented. All in favor; motion carried.

Mayor Report:Mary Marrara was honored on being UNICO of the year and sent us a Thank You letter for attending her celebration and is very grateful that Jermyn was represented so well at the event. Mayor Smallacombe said she is a very hard worker and always has been for the Borough. Mayor Smallacombe said a few weeks ago Shirley Zaborowski passed away; she was a very big help to the historical society and former Chief Zaborwoski’s wife. Mayor Smallacombe attended the County’s unveiling of the Jermyn pictures, the pictures from all the communities at the County. Our Borough news that comes from the Association of Borough’s has our Junior Councilman Dylan Reeve’s picture in it when he was being honored in December for the Junior Council award. Mayor asked Ray Rood if he can let the owners of the old Muldoon’s property to board up the window at the property. He said kids may be able to get in if it isn’t boarded up.

The Historical Society will have a temporary home at the Methodist Church.  The Variety Show will be May 21st at 2:00 p.m. Tickets are $10.

Mayor thanked the Windsor for donating 10% of proceeds for the Jermyn Sports.

The Events Committee will be getting ready for Spring planting and putting their Flower pots out. The Crime Watch 5k run is April 29th. Mayor said he had to fill out the census report for the census coming up.

We did not receive any money from the Federal Government from the snow storm, he said this is a disappoint because there was a lot of damage in our area but the rest of the state didn’t have any. The state did not meet the threshold of 18.2 million that they needed to meet to get the reimbursement.

Mayor said he was out the other night and there was a lady with a flat tire, Officer Calzola stopped and helped her change her tire. She was very happy that a police officer came out and helped. Mayor said everything in the police dept. is doing well, the officers are happy with the hours they are getting. The Chief is doing a good job, our crime is still down.

There is an IRS phone scam going around, people are getting calls saying it is the IRS and asking for a check.

Mayor thanked everyone for coming out and helping with the snow storm. It is harder on small communities because we do not have the resources the big communities have.

Mrs. Wilson said the last time we had the Variety show was in 2013, the council at that time had a full page ad and if we would like to do the full page ad naming all the council members and wishing everyone a good show it would be $11 per person for a full page ad.

Public Safety:Mr. Napoli said there is not an official head to the recreation commission right now. Mr. Napoli made a motion to allow the police to use the baseball field for the Easter Egg Hunt on April 15th at 10:00 a.m. seconded by Mr. Markey. Mr. Mark said as long as it is not the same day as the Knights of Columbus. All in favor; motion carried. Mr. Napoli said there will be at least 5,000 eggs this year.

Mr. Napoli made a motion to accept the resignation of part time officer Dane Sorensen, seconded by Mr. Markey. All in favor; motion carried. Mr. Napoli said he received a position in Greenfield Township. Mr. Mark said he was in Jessup this past week and spoke with the chief there. He commended our officers and said they are doing a fine job.

Zoning:Mr. Chase received a few zoning applications. He is working on one now with a sign. There will be a duplex house being built on the East side. There is usually a lot of activity in the Spring.

Engineer:Mr. Grizzanti has a set of plans for what was discussed at last meeting for 720 Lincoln Ave. He said it will be in the range of $3,000-$3,500. Mr. Kulick asked if we were going to talk to Mayfield about the costs. Mr. Grizzanti said he told Mayfield that Jermyn was going to talk to Sid Kavulich about the possibility of having the money to do the connection. Mr. Napoli asked about the water coming down from the road. They will do a little more of a paved lip at the driveway so the water does not come down and run over the driveway onto the properties. Mr. Kulick said we did not have any plans or anything to approach Sid Kavulich to discuss the sharing of costs. Mr. Grizzanti has a number for Robert Hunt for the property owner who owns the property across the street. Mr. Grizzanti said the pipe is completely intact both ways. Mr. Smith asked Mr. Grizzanti if the plans will help alleviate the situation. He said yes, it is going to stop that whistle pipe from clogging and spilling over the road onto the property. Our thought of also adding the catch basin on top and running it down the hill will also help. The water on top is coming from Mayfield. Mr. Mark said we would have to approach Mayfield. Mayor Smallacombe said we would have to approach the land owner because it would be running down his property. Mr. Napoli said to get the quotes and we can go to Mayfield with them. Mr. Grizzanti suggested getting 3 quotes. Mr. Smith said he thinks we should accept quotes as presented by Tony and we take a look at them at the next meeting and see what we can do after that. A motion was made by Mr. Smith to get 3 quotes based on KBA’s plans and have the quotes back for the next meeting on April 20, 2017, seconded by Mrs. Wilson. All in favor; motion carried. Tony will leave copies of the plans in the Borough office.

There was a hole that opened up on Garfield Ave; Jack Brennan’s property. Tony called up OSM to look at it; he did not hear anything back on this yet.

Mr. Kulick asked if there is anything new on the MS4. Mr. Grizzanti said Jermyn is not on the panic list. The city of Carbondale is since the meeting. Mr. Kulick, Mr. Markey and Mr. Napoli attended the MS4 presentation. Mr. Kulick said it is a big financial issue waiting to happen. Mr. Markey said he read in the PSAB newsletter that they are looking at the possibility of making it legal for Municipalities to be able to assess a fee to residents for MS4 Storm Water Management.

Fire Chief:Mr. Rood said the house next to Battenberg Funeral home is flooded in the basement. He was able to see at least 4 ft. of water. He called the water co. to shut the water main off and PPL to pull the meter. The number on the building he called is a company that does maintenance or overlooks the property. The house is owned by a bank. He was concerned because he couldn’t get in the house to pump it out. He asked if there is any way to get a number for someone who is in charge of the house. He said there was no way to get a hold of anyone. Mr. Kulick asked what number is on there. Mr. Rood said it is a Sheriff’s sale number and the mortgage company. Mr. Kulick said the bank hired someone to manage the property. Mr. Kulick said at some point it would become an emergency situation. Mayor Smallcombe said if someone else’s property is at risk we will do something. Mr. Rood said the river levels are ok.

Tax Collector:There was 4 checks, 2 for the garbage and 2 for the real estate taxes.

Solicitor:There is a resolution regarding the Covered Recycling Act. It is a resolution that would be submitted to the Commonwealth Legislatures asking to amend the act due to some problems that a lot of people are having across the state. The manufacturers are supposed to cover costs of recycling and buy back of their materials for their electronics but they only have to go up to a certain quota and then after that the recycling centers get full and start upping their prices. This causes people to start discarding their electronics in the woods or in the street. A motion was made by Mr. Markey and seconded by Mr. Napoli to pass the resolution amending the covered device recycling act. All in favor; motion carried. Mr. Mark asked if this should be passed down to other Boroughs and they can join in on this. Mr. Markey said we will get a copy of it and send it to the Lackawanna Recycling Coordinator and she will send it to everyone.

We received a Right to Know request and we are asking for an extension. It is regarding a collective bargaining agreement with the police.

Atty. Harrison talked to the attorney representing the buyer of the DPW garage, his idea is to split the cost of the realty transfer tax on the sale and his client will not seek any future contribution for the siren in regards to the electricity. The estimate would be about $400-$700 to split the cost. Mr. Markey said the only concern is if he does not pay the electric bill the siren would be shut off. Atty. Harrison said it would be in the agreement of sale and also to access of the building. A motion was made by Mr. Napoli and seconded by Mr. Parks to split the realty transfer tax in lieu of any further compensation by the Borough for electrical services. All in favor; motion carried.

Atty. Harrison said they are working on having 3 simple ordinances to replace the International Property Maintenance Code. Mr. Kulick attended a seminar by the PSAB and said for a town like us we do not need the International Property Maintenance Code. We need something concise and simple for whoever the code officer is doesn’t have to look through a big book. The 3 ordinances will have the fines listed. These will take the place of the International Property Maintenance Code, making it very simple and easy to follow.

DPW:Mr. Markey said the state did not meet the 18.2 million dollars for the storm. We were only able to submit our worst 48 hours. Our worst 48 hours that we submitted for would have been for the Friday after the storm to Sunday after the storm. Our biggest expense was for storm removal from Virbitsky’s. We put in for $7,802.39 for reimbursement from the Federal Government, which includes the snow removal expense. What we actually spent includes DPW workers time that were already working anyway and truck hours, fuel were almost $19,000. Mr. Markey said our biggest added expense was the snow removal. Mr. Markey thanked all of the DPW that helped during the storm; the full time and part time. They did a wonderful job; they were working around the clock. Mr. Markey said during the storm we were able to test our new Rapid Cast system. He said it worked very well for us, we had a couple technology glitches during the storm but it worked out.

PPL is starting the street light conversion to LED lighting. Mayor Smallcombe said the lights make a big difference. Mr. Markey said we can convert the baseball field lights to LED with no upfront cost. He said there is no upfront cost and we will save $14.58 per month. A motion was made by Mr. Markey to contact PPL and have them convert the lights at the field over to LED, seconded by Mr. Napoli. All in favor; motion carried.

The recycling truck has been sold and picked up. We deposited the money into the DPW Capital Reserve Account. Archbald Borough purchased the truck.

The DPW committee went out and looked at potential sites for a new DPW garage. The 3 sites in question, the first 2; Mr. Parks found out they are owned by Bardane’s. Mr. Parks went to verify and spoke to them there. Mr. Parks said they would look into it and told them how much we need. They would entertain the idea and prefer we took the track side of the property. The third site is 22,000 sq. ft. on Powder Mill Ln. which is by the Heritage Trail and access to the sewer plant. Mr. Markey said he asked the solicitor to look at what we own there. Mr. Markey said we are going to do a cost analysis on what it would cost to purchase the property from Bardane’s and to see what it would cost to run utilities on the property we currently own off of Powder Mill Ln. Mayor Smallacombe said to make sure it is not in a flood zone. Mr. Smith asked about the property across from the Pallet Company. Mr. Markey said they have everything rented out there. Mr. Chase said it will be rented for a few more months.

Mr. Markey said we are going to need to put a new drain pipe across the road right by the Crystal Fire Co. the corner of Bacon and Madison. He said it is failing right now. Mr. Markey said we are going to have to dig up the road to put new pipe in.

Mr. Markey said that UGI has been getting pave cut permits from us and they have not been paying the invoices. UGI was sent two copies of the invoice. Mr. Smith asked if we just passed the new ordinance on this for the pave cut fees. Mr. Markey said yes.

Mr. Kulick asked Mr. Markey what the situation is with the lawn tractors. Mr. Markey said we are down to one and that is the one we bought last year. Mr. Markey said he has some costs on different used ones and also some costs on some new ones. Mr. Markey said if we go with a John Deere dealer we would get COSTARS pricing and we can also finance so we do not have to incur a huge cost all at once.

PUBLIC SAFETY:Mr. Napoli wants to remind everyone about the Easter Egg Hunt on April 15th.

FINANCE:Mr. Smith said he will be in touch with Mrs. Wilson and Mr. Markey early next week to set up a meeting for the Finance Committee. They will review the first quarter for this year and will try to make some adjustments where they can. Mr. Smith said they will report back to council for the first meeting in May.

RECREATION/SHADE TREE:Mrs. Wilson said she has not heard from the recreation committee in a while and since the head of the commission resigned that may be the reason why she has not heard from them. Mr. Napoli said he believes this happened within the last week. Mr. Markey said he does not think anyone ever received a letter of resignation. Mr. Smith suggested that Mrs. Wilson should contact the recreation commission to set up a meeting to see where they are at and try to get a chair person for the commission.

Clean up month is coming up and the town wide yard sale advertising will be going up. Mrs. Wilson said all the advertising will be going up after Easter. They will be going to the schools for Arbor Day.

Mrs. Wilson said the cans that the Events Committee put out are not being picked up by the garbage company. The one in front of Sterling Pharmacy is not being picked up. Mrs. Wilson said Sterling has it in under their awning so it does not get filled up with water and it may be the reason why it is getting ignored. Mr. Napoli said may be because its back by the store the garbage company may think it is the stores and they do not want to touch it.

Mrs. Wilson said the day that we had all the snow we were unable to fax. The new phone and fax system is all on the computer. Mrs. Wilson suggested we have two ways to fax. She said if there is an emergency and we have to hard copy fax we should be able to. If the police fax is hard copied not e-fax would there be any objections to that? Mayor Smallacombe said it is definitely a good idea to have an alternate fax. A motion was made by Mrs. Wilson and seconded by Mr. Mark to have a dedicated fax line in the police department. All in favor; motion carried.

GYM DOORS:Mrs. Wilson said we received partial payment on one set of double doors last year. The second set of double doors we did not get an estimate on to send to them and it has been over a year. Mrs. Wilson said she contacted Bear Prints and Mr. Gasper more than once. We received one quote from Art Tech Glass. The quote is for $5,740.00 Mrs. Wilson said half of that we received from last year and the other half, since we are not getting our heating and air conditioning in here we can use that half until we square away with the insurance company. Mr. Smith said our last meeting with Joe Garvey our auditor; the Borough is not in great financial position. It seems that we keep spending; Mr. Smith said it is not against anyone’s proposal. He said our budget was blown by a legitimate expense in the snow removal department. If we keep spending like this, we are going to be in trouble and he does not believe we should approve this or anything until the Finance Committee meets. Mr. Smith’s recommendation to council is that we wait until the finance committee meets and that we not spend money anymore. Mrs. Wilson said she agrees but if there is a break in in the building and there is damage, the insurance company will not pay anything until the doors are fixed. Mrs. Wilson said this year we budgeted $5,000 for a heat/AC pump for this room and it was downed last meeting and we are not getting it now. Mr. Smith said that is not true, we are getting air conditioners in this room and the cost is going to be less. Mr. Markey said we had $4,800 budgeted and the cost is going to be about $1,640. Mrs. Wilson said basically we have the money for those doors. Mr. Markey asked if the money is in the general fund or is it sitting in a separate account. It is in the general fund, we received the money last July. Mr. Smith said we have a problem and our number one concern is to take care of the residents. Mr. Hunt sat here tonight and we have a problem with his property. Mr. Smith said in his opinion that has to be taken care of number one, it was not budgeted. Mr. Mark said this problem should have been solved when the Rosmelia’s had the problem. Mr. Parks said the problem continues because the stuff coming down from the hill isn’t going into the drain properly and going over the driveway. The water was not supposed to go over the driveway but the previous homeowner’s didn’t want a blacktop berm in the driveway because they said they said it would cause damage to their vehicles going over the driveway. Mr. Kulick asked what risk are we taking by not fixing the doors. Mr. Smith asked on the $5,000 did we receive half already. Mrs. Wilson said we submitted a claim for one door. We did not submit for two doors. Mr. Chase gave a price for one door and later on looked and saw the other door was damaged. No one knew the other door was damaged until Mr. Chase looked at it. We received about $2,300 from the insurance company. Mr. Smith said it doesn’t make sense, we got money from the insurance company and nothing was done.

Mr. Smith asked where are we going to get the $7,000 to pay for the snow removal. Mrs. Wilson said these doors need to be fixed before there is an emergency. Mr. Napoli said didn’t we make $7,000 on the new rental fee. Mr. Kulick asked Mr. Chase about the specifications on the quote if we have to have these. Mr. Chase responded yes because they are fire doors.

Mrs. Wilson made a motion to have the gym doors replaced and contact Art Tech Glass Co. Mrs. Wilson said it has been a long time coming it has almost been a whole year. No motion carried lack of second motion. Mr. Smith said we will come back with a recommendation.

Parking Lot:Mrs. Wilson said we have the grant money to pave the parking lot. It is for $50,000. She is not sure of the time limit it has to be used by. Mr. Kulick said he knows we have some time on it, at least until 2018 to do something. Mr. Markey asked why we can’t put it out for bid. Mrs. Wilson said it will be well more than $50,000. Mr. Smith said there is money set aside for the parking lot; we do not know what it is going to cost. KBA gave us an estimate of $106,000. Mr. Parks said to put it out for bid and we can always deny the bids. Mrs. Wilson made a motion to put the parking lot paving project out for bid as per specs by KBA, seconded by Mr. Parks. 6 yeas, 1 no. Motion carried.

Mr. Mark had a meeting with Representative Sid Kavulich in regards to the DPW truck. He will fund the truck through the gaming money. It is for $71,070. We will have to fill out the paperwork. Mr. Mark said with this flood control project we are going to be responsible for maintenance he said to make sure we put in for a truck or equipment that we are going to need to clean that out. We should be able to get that through the money Senator Blake has on the side.

Mr. Kulick said he sent Senator Blake a message about the money that was given to other municipalities. He asked if we did something wrong and what we need to do so we do not get bypassed again. Senator Blake mentioned we got the roof put on a few years ago.


The Lackawanna Heritage Valley Trail sent a contribution request for the maintenance of the trail. Mr. Parks said we did not agree to do the maintenance. Mr. Markey said we got the same bill last year and we never paid for it.

April 19th Lackawanna County of Economic Development at 4:00 p.m. located at the 6th floor conference room at the Lackawanna County Administration Building there will be a meeting in regards to grants.

Mr. Kulick said we have sent out the certified letters to the rental property violators. One of them responded and the others have not picked up their certified mail. The solicitor will look into this.

There are some properties that are not paying the correct amount of garbage fees. They have several units and are only paying 1 garbage fee. We are sending out letters along with invoices for the correct amount of garbage fees they should be paying.

Public Comment:

Basil Kleha said the new LED lights brighten the town a lot better and it is a big improvement.

Mr. Smith asked Mr. Rood how the river is. Mr. Rood said it is good the water was not even half way up.

A motion was made by Mr. Napoli and seconded by Mr. Markey to adjourn the meeting at 9:10 p.m. All in favor; motion carried.











Minutes March 2, 2017

Jermyn Borough Council Minutes March 2, 2017

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

On roll call present were: Messrs. Frank Kulick, Robert Parks, Dan Markey, Kevin Napoli, and Joseph Smith. Absent were: John Mark and JoAnne Wilson Also present were Mayor Bruce Smallacombe, Tony Grizzanti; KBA, Fire Chief Ray Rood, Zoning Officer Bob Chase, Atty. Christopher Harrison, Dylan Reeves and Evan Samuelsen; Junior Councilmen.

MINUTES:A motion was made by Mr. Markey to accept the February 16, 2017 minutes, seconded by Mr. Parks; all in favor, motion carried.

SOLICITOR:Mr. Kreizer from County Waste is requesting a signed copy of the garbage contract. He thought he sent it here to be signed. Atty. Harrison said they sent him a new copy to be signed.

The deed is drafted for the sale of the DPW garage, also the agreement of sale. Atty. Harrison said he will give the buyer’s attorney the agreement of sale to look over. They will do a title search. First we need the agreement of sale which can take a couple of weeks.

Atty. Harrison said by law we can have a third party agency administer the code for the code enforcement officer. The party mentioned was NEIC. Mr. Kulick asked if there was a fee schedule. Atty. Harrison said they do not have a fee schedule but they will obtain it.

ORDINANCES:Fire Company Reimbursement Ordinance #3-17: To obtain reimbursement through a person’s insurance policy when emergency services are rendered.

Mr. Rood asked what happens with just accidents and ambulances. We sub contract to William Walker for our accidents and ambulance. Mr. Napoli said they go after the automobile insurance and it would encompass everything. Mr. Smith asked if the fee schedule is set or can it change from person to person. Atty. Harrison said right now the fire companies can set their fee schedule. Mr. Rood said the insurance companies probably have a maximum. Mr. Markey said that pump details are customarily not covered under an insurance policy which is something we would not be able to bill for. Most insurance policies that he has seen have a clause in there that pays emergency services up for $500.00. Mr. Smith asked if we are billing $500 for every fire. Mr. Napoli said it is for an actual structural fire. If there is something that services are rendered to actually put out a fire or provide services that is covered under renters or homeowners insurance. Mr. Smith asked if the fire company is billing them. Mr. Napoli and Mr. Markey said yes. Mr. Rood said if it is not in your insurance policy we are not going to bill the homeowners. Mr. Napoli said we will directly go to the insurance companies, we will not charge the individual. Mr. Markey said if there is a case where someone is not insured it does not make any sense to bill them. Mr. Smith said it would be fair if we had a standard fee for everyone. The fire company can come up with their own fee schedule. A motion was made by Mr. Markey to accept the Fire Ordinance as written and advertised, seconded by Mr. Napoli. All in favor; motion carried.

Tax Collector Ordinance #4-17: Setting Forth additional obligations of tax collector. A motion was made by Mr. Markey to pass the tax collector ordinance as read and advertised, seconded by Mr. Parks. All in favor; motion carried.

Mr. Markey said to notify the current tax collector and we require a report by the March 16, 2017 meeting.

RECYCLING TRUCK:The Borough of Archbald wrote a letter to purchase the 2014 Freightliner Recycling Truck in the amount of $10,466.00. Mr. Kulick said we talked about advertising this but the bottom line is we cannot get more than $10,466.00 for it. A motion was made by Mr. Markey and seconded by Mr. Smith to allow the sale of the Recycling Truck to the Borough of Archbald for $10,466.00 upon approval by DEP. All in favor; motion carried.

STORM ISSUES:Mr. Kulick, Mr. Napoli, Mr. Markey and Tony Fuga rode around town. Mr. Kulick said the creek was dangerously high. There are two problem areas. 720 Lincoln and 298 Delaware. Mr. Kulick said the minutes of our meetings we talked about 720 Lincoln for the last few months. The water is coming from Mayfield. Tony Grizzanti said the water coming from Mayfield is historic and that is why 10 years ago the County gave Jermyn $200,xxx to put in that system. It was put in 2008, up until recently it worked. It clogs up the pipe and the catch basin that is there sits to high and overwhelms it and flies across the road. Tony said Mr. Hunt and his neighbor have a problem with ground water during storm; the water is coming up in the basement. They are associating that with the pipe. Tony looked in the pipe and it is perfectly secured. He wants to get into the catch basin and see what it is down there. The grate is welded on there and he was unable to get it off. Tony said we need to create a little bowl there and get rid of the 15 inch pipe. The catch basin is 7 ft. deep with a 3ft. riser. We can lower it a foot and a half. Tony said it would be about $4,000-$5,000. Mr. Hunt also wants all the trees cut down across the street from him because all the leaves coming down and blocking the drains. Mr. Parks said there was an issue after the project was done, within months to a year after it was originally put in.

Tony said the sewer issue over at the Woodlands is not a Borough issue. It is a private lateral that runs from their house between the two yards and hits the Borough line at the bottom. They have some concerns that other people may be tied into their line. They are going to try and clean it out and camera it and see who is tied into their line.

Mr. Markey said Roto Rooter came out there the other day across from 11 Old Mill. And checked the manhole and said the sewer is clogged. Tony said there is such little sewage going through there and it sits there. He said having someone go over and jetting it out every once in a while isn’t a bad idea. Mr. Markey asked if we can hire the Sewer Authority to clean it out Tony said yes and also suggested Archbald Borough. Mr. Parks said the top of the woodlands, the manhole there we had Roto- Rooter there in 2010 and they broke their camera tract because of the roots.

Mr. Kulick read aloud a letter that was sent from Diane Truman of 248 Delaware. The pipe is full of debris and after the storm on Saturday the water was as high as the bottom step of the porch. Mr. Parks said the pipe is actually lower than what it should be, back in 2005-2006 when we paved Delaware the paving company paved right over it. The pipe was replaced and Mr. Parks suggested at the time to put it further down. Tony said the amount of water that runs down that street just continues down. Mr. Parks said the suggestion at the time was to run the pipe down to Bottler’s but it was too costly. Mr. Markey asked besides torrential downpours like the one we had on Saturday is this ever a problem. Mayor Smallacombe said it is to the resident. Mr. Parks said it can be cleaned out and solve some of the problem.

JOHNSON CT.:The renter has a permit for a fence and shed. The renter is saying that there was damage to her property by plowing. Also, there was discussion about the possibility of opening that road again. The renter is worried where their land is. Mr. Markey said it is her responsibility to find out if she is putting up the fence on her property. The property is owned by Carl Snyder. Mr. Markey said this was discussed last meeting. There is a dispute of whether it is Borough property or private property in regards to the renter issue. It is private property. Mr. Parks said it was never a Borough road. Mayor Smallacombe said it was never opened up and used. The renter is saying she has a permit for the shed and fence, the fence is going where the DPW plows and she wants to know if it or isn’t her property. Mr. Chase said she has to prove where her property is. Mr. Parks said it should be up the resident to prove that it is her property, not the Borough. Mr. Chase will call the renter. Mr. Chase also said he did not sign that permit.

Mr. Markey said we now have a complaint log for Borough residents and he asks all of council, fire chief, zoning and engineer to forward the messages to the Borough secretary and we will have a log so everything is centralized in one place.

RESOLUTION FOR MUNICIPAL PENSION PLAN:It is required to have a Chief Administrative Officer (CAO) for the pension plan. A motion was made by Mr. Napoli and seconded by Mr. Markey to pass the municipal pension plan resolution. All in favor; motion carried.

CDBG:Lackawanna County Community Development Grant, proposals need to be in June 16, 2017. Mayor Smallacombe said you have to find an area where it is low income to be qualified. Mr. Parks said we used to be qualified until the developments came. Mayor Smallacombe said there are still some things we can do for example handicapped accessible, intersections, handicapped curbed and sidewalks. The hearing is on Wed. April 19th for more information regarding the grant.

RENTAL AFFIDAVIT:A letter was sent to council in regards to the rental permits. A property at 204 Delaware stating that the property is not a rental and it is co-owned. Mr. Parks said there are two sisters that live there. Mr. Markey asked if they are rental units. Mr. Markey said after we pass this affidavit can we get them taken off the rental list so this does not happen again next year. A motion was made by Mr. Markey to release the Yurkanin’s from the rental unit permit fee, seconded by Mr. Parks. All in favor, motion carried.

Scott Outman submitted an affidavit to council for the rental permit. Mr. Chase said he started fixing the house up and has not worked on it in two years. Mr. Chase said he would keep it on the list for next year because when it gets sold it can be a rental. Mr. Markey asked if it was a single dwelling and isn’t the ordinance for multi-dwelling. Mr. Parks said no it is for any property that is a rental. A motion was made by Mr. Markey to release Mr. Outman from his rental permit fee, seconded by Mr. Napoli. All in favor; motion carried. Mr. Kulick said last year we collected about $700 in rental fees, this year we are up to about $8,000.

Mr. Chase asked if we have a list of where the rentals are and he would like to see the list because he may know one or two that are rentals and are probably not on that list. Mr. Markey said he can see the list.

PUBLIC COMMENT:Robert Hunt 720 Lincoln Ave- He said it has been 5 months he said something about the water at his house. Tony Grizzanti said he does not think the Borough will go in and cut down the trees at the private property. We need to lower the catch basin and build a bowl to get the water in. Mr. Hunt said the trees are still going to block up the drain. Tony said if we get a bowl there with rocks, we still have to maintain it. Mr. Hunt said this problem has been going on for 6 months. Mr. Kulick said it has been discussed a few times and we were waiting on KBA to go look at the issue. Mr. Hunt said the water is coming up out of the ground somewhere. Tony said there is no way for that storm water to get into the ground and coming into the basement if it is not coming from that pipe. If that pipe is intact and the water coming over from Mayfield is running over the ground, that’s not the water that is coming up in the basement which is a completely different issue. Then it gets a little trickier as to who looks for that problem. Mr. Hunt also said the water coming down is going over the neighbor’s driveway and into his yard because there is no curb. Mr. Parks said the curb isn’t there because the previous owner complained that the curb was causing their vehicle to bottom out. Mr. Hunt asked what the timeline is. Tony said he can put a proposal together. Mayor Smallacombe asked if we can write a letter to Mayfield because it is there water that is coming into Jermyn. Tony said they can also build a catch basin on top of the hill and pipe it down the hill. Tony said we would still need the basin down below. Mayor Smallacombe said we can try and catch the water on top and it would eliminate the overflow that comes down and goes across the street. Mr. Kulick asked if KBA can get a proposal on what we discussed. Mayor Smallacombe said this would be joint municipality project and it would be easier to get grant money through one of our state representatives. Mr. Smith told Tony we first have to observe the problem and then come back in 2 weeks with your recommendation to council and we can decide what we are going to do. Tony said he will also talk to Mayor Chelik. Mr. Hunt asked who’s responsible for the fallen trees in the road. The roots are all showing from the water and the trees are going to fall. Tony said we can ask the land owner and see if it is a hazard and we can inform the land owner. Mayor Smallacombe said he would volunteer to do the work involving the catch basin and riser.

BOROUGH SECRETARY:Mr. Kulick said because of the amount of work and time needed to take care of everyday borough business that we increase the borough secretary’s hours by an hour and a half a day. A motion was made by Mr. Napoli and seconded by Mr. Markey to increase Cara Frankosky’s to an hour and a half a day. All in favor; motion carried.

DPW TRUCK:Mr. Mark had lunch with representative Kavulich who indicated he would be receptive to helping us get funding for a new DPW truck. Mr. Markey will drop off the specifications of the truck to Mr. Mark.

DELINQUENT GARBAGE:We are sending out letters for delinquent garbage fee bills for those who have not paid in 2016. They will have 30 days to pay their bill or we will stop collecting their garbage. If it is delinquent it goes to the Lackawanna County Tax Claim Bureau. The county collects our delinquent taxes and garbage fees.

FIRE SIREN:Mr. Kulick said we received 1 estimate on the electrical work that would be needed to rewire the siren to a separate meter. Mr. Kulick said he has done some research and read that many boroughs within the state have eliminated the fire siren. Mr. Rood said we do not need it for the fire service but by Federal Law we may need it for Emergency Services such as flooding, natural disasters. We need some kind of warning device to notify the people. Mr. Markey said if there was a flood or tornado right now we have the same tone as if there was a fire and people would think it was just a fire. Mr. Rood said as far as for the fire services with the pagers we have, not everyone has pagers, for us a pager is $500.00. Mr. Rood said instead of spending that kind of money to separate the meter, we are better off to make a deal with the buyer and give him a certain amount of money each month that goes towards the siren. Mr. Chase asked why he is buying the DPW garage. Mr. Napoli said he is going to use it for storage for his sound system business. Mr. Rood said he will need to contact the buyer if he wants access to the siren. Mr. Napoli said the buyer will give us access to be able to shut off or turn on the siren and if we need to get up to it we can give the buyer a call and be more than willing to come down and let us in.

AIR CONDITIONER:Mr. Markey said we resurfaced that heating/cooling issue in council chambers. We budgeted for $4,800 to buy an HVAC unit. We spoke about how our main issue is noise in the summer time when we have the air conditioners going. The heater still works fine and through the 4 hours of month that we need it heated during the month it isn’t a big deal. Mr. Markey was asked to get some prices on replacement air conditioners last meeting. Mr. Markey received the prices. Friedrich 24,000 BTU chill/heat window Air conditioner, it will cool it in the summer and heat in the winter. They are regular window units. The price is $819 each, we will probably need two. This will be $1,600 rather than $4,800 to take care of a room we are in twice a month. Mr. Smith said anything that will cool the room down and we can conduct business in a normal sense and is not going to cost us as much is a good idea. Mr. Napoli asked how we are going to get them and installed. Mr. Markey said DPW is going to take care of it. A motion was made by Mr. Markey and seconded by Mr., Napoli to purchase two Freidrich air conditioners for $819/ each to be installed by the DPW workers. All in favor, motion carried.

SHADE TREE:The Shade Tree is requesting approval for the following activities:

Arbor Day- Wednesday April 26, 2017 tentative at 6:00 p.m. at the Jermyn Community Center.

Jermyn Clean up Month- April 22 to May 20.

Jermyn Town-Wide Yard Sale May 6th & May 7th.

Mr. Markey asked for the Arbor Day event did they fill out an application to use the gym. Mr. Parks said they use the Legions room.

Mr. Markey said May 7th is the Crystal’s chicken BBQ. Mayor Smallacombe said it will help because you will have people riding through town. Mr. Markey asked why it says “in partnership with Council.” Mr. Kulick said we are just endorsing it and Shade Tree is asking for the police, fire police and DPW to assist if necessary. Mr. Markey said he does not think DPW will assist. Mr. Smith said personally we should not be involved anything more than giving our approval. Mr. Markey said what happens on Monday May 8th when people have their stuff all over the place and DPW has to pick it up. Mayor Smallacombe said they should not be involved in anyway. Mr. Smith said if they want to contact the police department and secure policeman or fire police that is on their own. Mr. Smith said the only thing we should do is say yes to the event and limit it to that. Mr. Markey said if the Borough is going to sponsor a town wide yard sale then people will think the can throw their stuff on the sidewalk. Mr. Parks said they have to clean up after they have their yard sale it is their responsibility. A motion was made by Mr. Parks and seconded by Mr. Smith to allow the Shade Tree to sponsor the events listed in their request with the blessings of council but without assistance. All in favor; motion carried. Mr. Kulick said we have our normal police patrols on that weekend.

OTHER:Mr. Smith asked if we are going to do the Electronics Recycling Drive this year. Mr. Markey said the Lackawanna County Recycling Center is now up to $2.00/LB. The County Recycling Coordinator is trying to get them to host a week or two weeks where there is no charge. Our other option is that we can use the vendor we used last time and he took everything for free. If we use the vendor we will be stuck with all old TV’s here and we will have to bring them down to the recycling center and get charged for them. We either pick a date or decide to do it and we use the same vendor or we wait until The Recycling Center has a drive. Mr. Markey said he was contacted by someone in Mayfield and they will collect our electronics and pay us for it, we still have the issue that they will not take the CRT’s either. Mr. Smith said maybe we should wait for the Recycling Center and see what they come up with before we set the date. Mr. Markey said a lot of people do not have an outlet to drop off their CRT and they will bring it in here from out of town.

Mayor Smallacombe attended an event with the County. Every Community was represented there. He spoke about the history of Jermyn, we have two fire companies, we have volunteers and organizations and about our parks here within the Borough. They gave us a copy of the new County Logo to put on the glass windows of the doors.

Mr. Markey asked who owns the old Jermyn Discount Market. The owner’s brother lives in the basement. Chief Arthur went to talk to them and no one answered.

Mr. Rood said the property at 536 Washington that was going to be torn down has been changed to being rebuilt. The right side will be dug out and they will put a new foundation in and it will be redone with 4 apartments. Mr. Rood said there is money available through Senator Blake for tearing down buildings but they have to be condemned first. The red house should have been condemned first. Mr. Rood said one of the reasons why he gave up code enforcement because the owner of the red house should have been fined after he received the letter. Mr. Rood said we still do not have a fee schedule set up. His recommendation is to get a third party inspection be the code enforcement because they have the certification. Mr. Kulick said we have to see what the costs are. Mr. Markey said you look at others town what they may consider Main St. there are some who are really trying to improve. There is a lot of thru traffic, not a lot of foot traffic; he wants to see what we can do as leaders in the community to improve that. Mr. Markey was asking Mr. Chase about the zoning on Main St. he does not know what we can do but he has been looking at a lot of different Facebook pages about local municipal leaders and seeing all these ideas.  Mr. Kulick said the problem is 70 percent of our Main St. is multi-unit buildings. Mayor Smallacombe said the store fronts we had turned into apartment buildings. The people who own the buildings do not live in town and they just rent them out. Mr. Markey said the windows are not properly boarded up in regards to the red house on Washington. We are still in the same situation we were in months ago. Mayor Smallacombe said we fine them under the ordinance we have. Mr. Rood said we cannot do anything until he lets us in there to inspect the building to say it is unsound and needs to come down. Mayor Smallacombe said it can be considered a dangerous structure ordinance; it is not boarded up properly. Mr. Markey said we should have been going after the owner for the past 6 months. Mr. Markey said we need to find a new code enforcement officer whether it is an individual or a business, set up a fee schedule and stop dragging our feet. Everything is the same way it was a year ago and he has been told about 3 houses in the 700 block of Madison that are in the same boat with critters running in and out. Mr. Rood said there are about 5 other properties that should have been cited. Mr. Markey said we have to keep moving forward and keep improving this town and we have to take the right steps. Mr. Markey told Atty. Harrison to do what he has to do and we need to find a code enforcement officer. Mr. Rood’s advice is to sit down with NEIC and ask how they would handle this and what would the initial fee be for the first letter.

Mr. Smith asked Mr. Rood to specifically say why he resigned. Mr. Rood said it took away from his business so much and his hands were tied with the red house. Mr. Rood said since that 14 day window that he received his letter he should have been getting fined but there is no fine schedule set up. Mr. Smith said there was a meeting two months ago in regards to the schedule; he thought we had started the process. Mr. Rood said Atty. Moran said he had a fee schedule to go by. Mr. Smith said we have one big problem that we have been dealing with for years, lets focus our attention on getting this done right. Let’s start off where we left off and be aggressive in how we pursue this. It might cost us money but in the long run it will be worth it, once people realize that there are teeth behind this and we enforce these codes it makes a difference. Mr. Smith said if we are going to let it go then we are not going to enforce any ordinance. Mr. Napoli said for the next meeting we need to have Atty. Moran’s office get us the fee schedule so we have a set fee schedule. Atty. Harrison said the one we obtained from Archbald was the wrong fee schedule. Mr. Smith said let’s make this red building our number one focus right now and not worry about anything else until we get this straightened out. Mr. Kulick asked if we have to go through the court to fine them $100/ per day. Atty. Harrison said no the Borough itself would through the ordinance. Mr. Kulick said we have an ordinance for the rental units, the next step is to start fining $100 per day up to 5 days and after the 5 days by ordinance we can go shut that rental property down. There are still several people who have not paid for their rental permits. They have been sent notifications and the process of being fined $100 per day will start. Mr. Chase asked if the tenants know that the landlord has not paid. Mr. Kulick said the tenants probably don’t have a clue. Mr. Markey asked if we should post a courtesy letter on the door of each apartment building. Mayor Smallacombe said we have to give them a 30 day notice to get out of the building. Mr. Kulick said we will send the registered letter to the owners telling them effective Monday they will be fine $100 a day if they do not pay the fine by the date on the notice the tenants will be given notice they have 30 days to leave the property.

Mr. Kulick said this town like any other town when they made the decision to have a Borough manager that was the right decision but was made with the wrong person because there is so much stuff in the day to day administration of a government municipality that you need a good qualified Borough Manager. Mr. Parks agreed. Mr. Kulick said we all put in a lot of time. Mr. Smith said the idea of a Borough Manager is extremely important; everyone on this council has something to do in their business or personal life. The Borough Manager was hired to do specific jobs which were to tend to the wishes of council. He said the last step to take was the hardest step and it was taken and we improved ourselves, like everything else you learn from your experiences.

Mr. Kulick said we need to continue to educate ourselves. The problem in the past and last year that we do not educate ourselves, we do not go to seminars. Mr. Smith asked Mr. Markey if we eliminated that part time assistant position. Mr. Markey said we kept it in the budget for $1,000. Mr. Smith said we kept it so we can send the Borough Secretary to classes without having to close the office.

A motion was made by Mr. Napoli and seconded by Mr. Smith to adjourn the meeting at 9:45 p.m. All in favor; motion carried.