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.



Minutes 12-7-17

Jermyn Borough

Council Minutes

December 7, 2017

The Jermyn Borough Council held a council meeting on December 7, 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 and JoAnne Wilson. Also present were Mayor Smallacombe, Atty. Brenden Fitzgerald, Ray Rood and Bob Chase. Absent were: John Mark, Joseph Smith, KBA and Evan Samuelsen.

Mr. Kulick requested a moment of silence for all of our Veterans that defended us on December 7, 1941 attack on Pearl Harbor.

 MINUTES:A motion was made by Mr. Napoli and seconded by Mrs. Wilson to accept the November 16, 2017; all in favor, motion carried.

CRIME WATCH PRESENTATION:Crime Watch members presented the police with a vest that they purchased for them. Chief Arthur said it is a vest carrier with rifles plates within it, it is very heavy. It helps them protect the public if there is an incident involving a rifle or high caliber weapon. The regular vests they wear every day that will not stop a rifle bullet. The vest was very expensive; it was several hundred dollars for the vest. They would use that if there is a rifle situation or barricade a gunman or suicidal person with a weapon, it would better protect them. Chief Arthur said it is a real asset to the department and its helps them help the community to protect them and provide better service. Officer Andrew Russo tried on the vest. He said it fits over the regular vests nicely. Council thanked the Crime Watch.

BACKHOE PRESENTATION –STEPHENSEN EQUIPMENT:JCB 3CX Backhoe – Stacie from Stephensen equipment presented council with information regarding a backhoe. It is compact size. It is 35% smaller than the standard size backhoe, for a township our size it is perfect. It is easy to haul and get down the street and it still has all the features of a full size backhoe. 4 wheel steer, skid steer plate attachment. Side shift is a huge feature; you can work right next to a building or vehicle. Mr. Parks asked how much weight can the machine lift. 3,364 capacity, being that it has the skid steer coupler on it, it will be a little lighter so probably around 2,400 – 2,600 lbs. Tony Fuga said for what we do and where we work, the smaller machine the better. Presently now our 110 is kind of perfect machine for us but it’s a little underrated HP and lift capacity, where this one fits the bill all around and still in a smaller package. He said they work in a lot of tight areas, alleyways etc. 4 wheel steering is a plus even just working out here in the parking lot it makes a big difference. There are a lot of options on it that stands out even what John Deere has to offer. The John Deere which is a nice machine but only does two things; digs and loads. That machine you can put attachments on it which for us is a plus because we only have one machine so we kind of need a machine that will do the work of many. We do not have the luxury of having a skid steer. Mr. Markey asked if the leases go for 4 or 5 years. Stacie said yes. Mr. Markey said if we trade in, does that come off of the sticker price or can we use it for the first year lease. Stacie said however we chose. Tony Fuga said between the John Deere and the JCB, doing more research on this machine, you are getting more with this than you are with the John Deere. It comes standard with pilot controls, where the John Deere it is a $6,000 add on. Mr. Markey said with the JCB we are starting out at a lower price than the John Deere. Tony Fuga said it is more of a machine that will fit our needs. We do not need a huge machine but we need a machine with a lifting capacity. Mr. Kulick asked if the warranty is comparable. Mr. Markey said the warranty is better; it is 5 yr. 5,000 hr. rather than John Deer 5 year 1,500 hr. Mr. Kulick asked where the machines are made. They are made in Savannah, Georgia and parts are readily available at our shop in Pittston. Mayor asked about the price on a trade in. $15,000 for trade in. Mr. Markey asked if most municipalities are leasing. Stacie said yes, every 5 years you get a new machine. Mayor asked what the standard catch basin weighs, will it be able to lift a catch basin and put it in the ground. Tony Fuga said it should be able to do that. Stacie said the machine is designed for municipalities and cemeteries.

Fire Co Insurance:Mr. Kulick said we received the letters from the fire companies regarding the insurance.

New Doors:Mrs. Wilson said for the 2 doors it would be $9,000. It is for the front door and the side door of the Borough building. Art Tech gave her a quote and it’s under $10,000. $4,500 for the main and $4,500 for the side entrance. Mrs. Wilson made a motion for the purchase of the doors so we can have them installed before the winter weather, the money will come from the DPW capital reserve. Bob Chase asked if they are insulated doors. Mrs. Wilson said it doesn’t say but she can double check. Mr. Markey asked if it was the only estimate. Mr. Wilson said this was taken back when we had the gym doors done. It was the same company that did the gym doors. Mr. Markey said it’s important to know if they will be insulated. Lou Demarco suggested another price. Bob Chase said it’s very expensive. Mrs. Wilson said we can table it and suggested for some other names to call, this was the only company that came forward when we called others for quotes for the gym doors. Lou Demarco suggested First Class Glass. Bob Chase suggested Mesko glass. Mr. Napoli agrees we need the doors. Lou Demarco asked what’s wrong with our current doors. Mayor said the locks don’t work, they are worn out. They are the only second set of doors that were put on this building since 1936.

MS4 Ordinance:Atty. Brenden Fitzgerald presented to council the MS4 Ordinance for Storm water Management. It is for the health safety and welfare of the municipality within its water shed and managing storm water runoff. The ordinance will be advertised and it will be voted on at the next meeting. Mr. Markey said it is a state mandate that just for municipalities. Mr. Markey made a motion to allow the solicitor to advertise the MS4 ordinance, seconded by Mr. Napoli. All in favor, motion carried.

Public Comment:Charlie Gardecki – Fire Police Captain– said they are having a fire police class January 20 and 21st at the Crystal Fire Co. It is an advanced basic class. It will be $350 to put the class on plus $25 per student for books. You have to have a workbook to enter the class. Mr. Gardecki asked if we run over our budget if council will help us out with anyway or at least the books just for the Jermyn residents. Mr. Markey asked how many people are signed up. Right now there are 8. There is room for 16 people. Mr. Napoli asked if this was the class that they want council members to take it to. Mr. Gardecki said the council members, the mayor, and public safety to come because a lot changes in the law in which the Borough’s and cities are responsible for, it’s a lot of legalities and it is all new. At least someone from council to come. It is a 2 day class and you get certificates after. Mr. Gardecki said we are in a budget and it is going to cost us a lot of money to put it on, we do have another member going to be sworn in, probably in January and to outfit her and radios, it is going to go well over the budget. Mr. Gardecki asked council to help them out this one time. Mr. Kulick said if we agree to pay for the books, the maximum would be $400. The maximum class is 16 people. Mr. Rood said we do have a couple people outside of Jermyn that is taking the class but they are paying their own fee for the class, we do not have to cover them. Anybody that is out of Jermyn Borough pays their own fair share. Mr. Gardecki said we are only paying for Jermyn people.

Mr. Rood said it is an asset to the Borough that if we need fire police protection, we can call them out and now we are protecting the Borough too because they have their certifications. Mrs. Wilson asked what the $350 is for. It is for the instructor’s fee. The budget for fire police for 2018 is $750. Mr. Napoli said what you have now and for the beginning of next year should cover you easily. You should have the $350 for the instructors and if you are only paying for Jermyn people to have books, you should have plenty. Mr. Markey said we could put a separate line item in there to cover the class, the 16 books and the fee, it would be $750. The fire police, if Mr. Gardecki needs more supplies then he will still have his annual budget he can work with and it’s not all gone on January 21. Mr. Rood said especially Jermyn Borough people, if he is going to get books for them and they do not show they have to pay for their own books, why should we have add costs to the Borough and fire police budget. Mrs. Wilson said the $25 should be a personal issue, she said if she was taking a course she would expect to pay for the materials. Mr. Markey said it’s a course to serve the community, it would deter people from coming out. Mr. Rood said the books should be covered. Mrs. Wilson asked if the other Borough’s pay the portion of the $350. Mr. Markey said no, they would pay if they had to bring a 2nd instructor in, if there are over 16 people. Mayor said if we get 16 people from Jermyn we are paying for them. Bob Chase said if someone from Jermyn Borough wants to take that class, shouldn’t they join the fire police. Mr. Rood said anybody that wants to participate as being part of the Jermyn Fire Police should join either one of the Fire Co’s. Mr. Gardecki said firefighters should take the class, because if they are at a fire directing traffic they are experienced fire police, directing traffic control.

Basil Kleha 600 Washington Ave. – Mr. Kleha congratulated Mr. Parks and Mayor Smallacombe for their time put in as Mayor and Council, they have done a great job. Mayor was here 16 years and Mr. Parks was here 12 years. He is looking forward for 2017 with the new seats coming in. He congratulated Mr. Tony Fuga the incoming Mayor.

On November 10, his wife and daughter was in an accident on Washington Ave. Mr. Kleha said they have never been in an accident and he wants to thank Chief Arthur and Jermyn police Dept. on the great police report that was done on that accident. The people that have to see it, they received it and they said it was a very great job well done on the write up. Mr. Kleha thanked the police dept.

Mr. Kleha said in the mail today he received the permit papers for the rental and he liked that they have to show their insurance now on the house.

Mr. Kleha said he was here a few years ago at a meeting and do we have an ordinance if  in the course of 12 months, the landlord, if you get called to the same apartment in 3 times in a year that we could put a red tag on that apartment for 6 months. Mr. Kulick said it is in the ordinance. Mr. Kulick said it is in the ordinance regarding rental properties. Mr. Kleha said he sees a lot, the police get called, there are a lot of part time police officers, if we can keep an eye on that and if we can red tag these guys, he thinks that would be a good solution to try and get rid of some of these people out of this town. We have a lot of bad people. Mr. Kulick said according to the ordinance you can actually shut them down, you can force them to shut the apartment down. Mr. Kleha said it would be better for everyone. Chief Arthur said we used that on 511 Washington to get people evicted. It was something he wasn’t aware of until president Kulick reviewed the ordinance. We are going to use it more. Mr. Kleha said 2018, this is our town not their town and each and every one of you take a lot of abuse, everybody.  We are going to start stepping up to the plate and get it to the police and mark things down and clean up a lot of stuff. Mr. Kulick said along those lines, we were talking amongst ourselves and we have done some good things in the 2 years that this council has been in but personally his biggest disappoint is that we have not done enough to clean up the town. It is not easy to do it. Mr. Kulick said for his perspective on council next year whether he is sitting here or in the other seats, that is one of his priorities because it is enough already. Lou Demarco said he couldn’t believe walking down Main St. some of the properties and the people that are in them.

Mr. Kulick said the ordinance is for the people living there, if you are making a police call on the same people 3 times over the course of 6 months, according the ordinance we can force the shutdown of that apartment. It is directed at the people living there causing the problems but you direct the landlord to shut it down. Mr. Kleha said it is a good town and we are going to move forward on it. He said he doesn’t come to Crime Watch but if there are trouble or issues he gets them addressed one way or another.

Mrs. Wilson said the 600 block of Washington the garbage cans out in front, she would love to see the 600 block mandated that all garbage is to be picked up in the rear, in that alley. Mr. Markey said he doesn’t think we can do that but what we can do is get rid of section 8 housing. Mrs. Wilson said they are still going to leave their cans on the front porch. Lou Demarco said the problem with that is some have 10 garbage cans and if they are put in the back to be picked up they block the parking. Mr. Markey said some apartments have a lot of cans. Lou Demarco asked if we can eliminate section 8 in the Borough. Council said no. Mr. Napoli said no it is way above us. Mayor said we talked about that 20 years ago. Mrs. Wilson said the majority of the people that have alleys in Johnson Ct. put their garbage in the alley and that is just as narrow as Davis Ct. There are a lot of people, there is room enough for parking in the back for those apartments that we are talking about because they are long and if they park properly they can do it. If the apartment house next to the post office can have the garbage cans in the back plus parking than they can do it to.


 Mr. Napoli said he doesn’t think we can tell people where to put their garbage. Mrs. Wilson said she would love to see Main St. cleaned up.

Mr. Kleha said the wreathes this year look better than they ever did. Mr. Tony Fuga said because they are all working. Mrs. Wilson said the DPW fixed all the bulbs. Mr. Kleha said they all stay on. Mrs. Wilson said the DPW did an excellent job.

Mrs. Wilson said Shade Tree had a big problem that would have cost a lot of money and DPW came to our rescue and she thanks them from the Shade Tree Commission.

Part- Time Police:A motion was made by Mr. Napoli and seconded by Mr. Markey to hire part time patrolman Ed Pereschinsky at regular part time rate, no training needed. All in favor; motion carried. Mr. Napoli said he is a police officer in Mayfield and he runs with Jermyn all the time and there is no need for a training period.

A motion was made by Mr. Napoli and seconded by Mr. Markey to hire part time patrolman Brandon Walters at the training rate. All in favor; motion carried.

Mr. Napoli said they will be accepting applications for the full time officer for 2018, they will be accepting them up until December 15, 2017 with interviews to be the following week and a recommendation to come to council for the next meeting. Mr. Markey asked if they should be a Borough employee already. Mr. Napoli said no. Mr. Markey said we had that stipulation last time we were only accepting current Borough officers for the full time position. Mr. Kulick asked where are we going to post it, we need to advertise if it is open to everybody. If it is internally then we just post it internally. Mr. Napoli said we can do it internally then. Mr. Kulick said whatever way is the right way. Chief Arthur said it’s an appointed position so we can hire within the department without advertising from an outside source, it would be the best thing to do because we know the quality of our guys. We can pull from existing guys that are currently working and serving the community, it’s the best option. Mr. Markey said we can always amend it and advertise it, if no one comes forward by December 15. Mr. Markey said he just wanted clarification.

Budget:Mr. Kulick said our Finance Chairman cannot be here tonight so he will report on a few things for the budget.

The finance committee met quite a few times preparing this budget, we will not go over it line by line but it will be available for inspection for anyone who wants to look at it. Mr. Kulick said we are going to retain a full time second shift patrolman, we think that is important. We are going to hire a code enforcement officer, it will be part time, and we have money in the budget for that. We put money in the budget for someone to run a 10 week program inside the gymnasium; we are going to hire probably a college age student, handy in crafts. Etc. $10/hr. 4 hours a day, 5 days a week for 10 weeks and open the gym up to kids that wants to come in to play ball. We budgeted some money to buy some supplies for crafts.  Mr. Kulick said we budgeted for a chipper for the DPW that money will come from the Garbage Fee that is collected; the doors are in the budget for next year. Expenses $913,676.47 – we made some adjustments to that, certain things can be paid by liquid fuels money, the chipper from the garbage fee, and doors from the DPW capital reserve account. The adjustments bring it down to $806,076. Revenues est. $770,799. Leaves us with a shortfall of $35,000. We are estimating we will have $100,000 carried over from 2017. We will take from that to balance the budget and leave us a surplus hopefully next year of around $65,000. There will be no tax increase. We are also going to lower the garbage fee by $20. It is a fee not a tax, we need to have a little bit of cushion because some people do not pay. It is available for inspection for 10 days and next meeting we will vote to pass.

A motion was made by Mrs. Wilson and seconded by Mr. Markey to advertise the proposed 2018 budget and make it available to the public for inspection at the Borough office. Mr. Markey said he does not think we can post it online until it actually passes but it will be available for inspection. All in favor; motion carried.

Mr. Markey in the absence of Mr. Smith, the finance committee – Mrs. Wilson, Mr. Smith and Mr. Kulick helped out a lot and the Borough Secretary. Mr. Markey said all of us were trying to be as fiscal responsible as possible while continuing to move forward and show progress in the town. We changed over the Main St. Lights to LED that cut our yearly budget just for the Main St. Lights in half. Changing our street lights over to LED and in the process finding out that we were paying for lights in Jessup for a long time. We did budget for an activities director so that one of the main purposes so we can leave the gym open in the summer time during the day. It is the people’s gym and hopefully with someone there, the vandalism and attempted vandalism and thefts will decline. Also, the kids that are doing that type of stuff that do not have anything to do they might be over here playing basketball and things like that. We didn’t really cut anything. We do still have a plan for a DPW garage; it has come to his attention that a new garage hasn’t been voted on yet by council. He will probably call for that vote or make the motion once we reconvene in January with the new council members seated. We did our homework and got a lot of different estimates and we think we have a good idea or around what we want and we have everything over to the USDA. The engineer and USDA are handling things right now. We are also looking at a new truck and we are getting a new bigger chipper and be able to sell this chipper and bring some income in to the DPW capital reserve. With that bigger chipper we are going to be able to handle a lot more chipper for the Borough too, which increases our recycling tonnage which increases our reimbursement and that helps. We have a lot of different pluses, it took a good two years to work out all the bugs because honestly we did not have a good budget when we first got seated which is why we voted to re-open it. We changed course drastically, instead of one big pot of money and everybody takes something out, there is different line items for everything and if you are going over your budget in one area, you have to justify that and if there isn’t money available to go over and then you have to find it from somewhere else and take it out of a different budget. We are trying to be as financially responsible. This year will be the last year for the police vehicle payments, maybe next year we can look into another police vehicle lease. This will be our 2nd year on the paving loan and we have 3 years left and maybe we can look at some other roads after that. Mr. Markey said we are moving forward.

Lou Demarco asked how we did this year in 2017, you guys created your own budget this year. How did we do as planned and forecasted as actual spent. Mr. Markey said we still have December to go but we are right now at the end of November $52,000 to the good. So depending on what we spend in December and what we bring in we think we are going to be almost dead on. Lou Demarco asked if we got any money back from the snow storm. Mr. Markey said no that was a loss.

Other: Mr. Rood asked how we made out with the Rushbrook tree. Mr. Kulick said DEP was contacted and it is the property owner’s responsibility. Bob Chase said he will advise them to clean it up. Mr. Kulick said when whoever took the stone out of the creek and it was reported to DEP, DEP just said they will contact them and tell them not to do it again. Mr. Rood suggested to put on the website to remind people to clean their chimneys before they light them and also read the manufacturer safety on space heaters.

Mr. Kulick said Mr. Constantine’s issue with the poles or lack of up by the daycare. Mr. Chase said he didn’t look into all of the complaints that he had forwarded. He did notice instead of parking in his driveway or in front of his house, that he parks up across the street in front of the day care and taunts them relentlessly. Mr. Chase said for somebody he spent months with arguing over the fact that the rules and ordinances do not apply to him he thinks everybody else should apply to the rules. He has countless conversations with him about that. Mr. Chase said as far as the number of businesses in that building is allowed, he cannot see how we can tell somebody who owns a commercial building that he can’t have more than one business in it or limit it.

Junior Council:Mrs. Wilson said we do not have a second student for junior council. The principle said no one has come forward and Mrs. Wilson suggested we possibly look into maybe the sophomore class.

DCED:Michael Barbetti’s Accounting firm sent a letter to do the DCED audit. A motion was made by Mr. Markey and seconded by Mrs. Wilson to retain Michael Barbetti’s LLC certified public accountants to do the 2017 DCED audit. All in favor; motion carried.

A motion was made by Mr. Napoli and seconded by Mr. Markey to adjourn the meeting at 8:48 pm. All in favor; motion carried.

Minutes 11-16-17

Jermyn Borough

Council Minutes

November 16, 2017

The Jermyn Borough Council held a council meeting on November 16, 2017 at 7:00 p.m. at the Jermyn Community Center, 440 Jefferson Avenue, Jermyn, PA in the Council Chambers.

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

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

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


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

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

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

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

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

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

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

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

Council thanked Jeff for coming.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 Council went into executive session at 8:16 pm

Council reconvened at 8:54 pm

Letter of Resignation:

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

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

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

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

Minutes 11-2-17

Jermyn Borough

Council Minutes November 2, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sewer Maps:Sewer Maps were given to DPW.

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

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

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

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

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

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

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

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

Mr. Smith thanked everyone for the discussion.

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

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

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

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

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

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

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

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

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