Minutes 5-17-18

Jermyn Borough

Council Minutes

May 17, 2018

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

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

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

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

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

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

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

Public Comment:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



Minutes 4-19-18


Jermyn Borough

Council Minutes

April 19, 2018

The Jermyn Borough Council held a council meeting on April 19, 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, Dan Markey, Kevin Napoli, Cynthia Stephens and JoAnne Wilson. Also present were Mayor Fuga, William Aquilino, Tony Grizzanti, Ray Rood, Bob Chase. Absent were; Frank Kulick

MINUTES: A motion was made by Mr. Napoli and seconded by Mrs. Stephens to accept the minutes of April 5, 2018. All in favor; motion carried.

TREASURER’S REPORT:General Fund $146,517.24, Recycling $5,705.73; Refuse $66,732.34, Investment Liquid Fuels $43,804.22, Liquid Fuels Checking $79,401.79. Disbursements from March 16, 2018 to April 19, 2018 including 2 periods of payroll $91,000.03. Deposits $142,530.03.

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

Public Comment:William Langman – He went away on December 4 and came back on April 11. He wanted to know if there was someway he can get a rebate on his garbage collection since he was not home at that time. Mr. Markey said the only way you per the ordinance that we give a rebate on the garbage is if no one resides in the household for the entire year and you pay the fee upfront and then we have an affidavit for you sign and get notarized and then we would reimburse the garbage fee.

Riley – Chickens in Jermyn- Chickens eat bugs that will harm your garden, such as slugs, ticks, beetles and more. We can also use chickens in Jermyn because they can provide eggs so we don’t have to waste energy with cars and use money to buy eggs. 3 million birds each year are crammed into cages, far to small and they will eat food scraps like fruit and vegetable peelings, bread, cooked beans and rice. Chickens are just perfect for gardeners. They will get rid of weeds, next year you will be amazed at your neat and tidy garden. They will also be a perfect pet. Please let chicken in Jermyn. Mr. Napoli thanked Riley for coming up and is to be commended because she did her homework and checked into details and statistics that one would like to know about chickens. Before we make any decisions, Mr. Napoli said he appreciates all the hard work she put into this. Mr. Markey said we will take your suggestion under advisement and it will be discussed.

Correspondence:Mr. Markey said he received a letter, it’s a complaint letter that was addressed to the council president, with him being absent tonight he asked Mr. Markey to address it. Mr. Markey said he would address it, however the letter is not signed so if the letter is not signed, he is not going to read it. If someone has an issue with someone else’s property they can take it up with the code officer which is our solicitor, William Aquilino or they can sign their letter and it will be read at a council meeting. If you are going to submit a letter and not sign it then it will not be addressed, plain and simple.

Code Violations:Mr. Aquilino said the Borough issued 6 or 7 initial code violations in related to the Borough code. He had the opportunity to speak with several people and some have been very cooperative.

Joan Crawford 308 Franklin – Front stairs and back stairs have fully or partially collapsed and are structurally unsound, causing hazardous conditions to residents, visitors, and elderly female residing on premises. Right side of porch roof and right side of house roof, sagging and have structural deficiencies.

We received no response from James or Joan Crawford. They will be fined retroactive to the date of service of the notification. We will proceed to district justice court.

Mr. Markey said he is going to comment on that one, he is going to ask for input from the fire chief, police chief and engineers. Mr. Markey said anyone who has driven by this property probably knows which one we are talking about, without even seeing pictures. Mr. Markey said he wants some input as to whether you feel is safe, would you send your people in there? Would EMT’s go in there? Mr. Markey said this might be one of the more severe cases that we might have to talk about eviction and possible condemnation. Mr. Rood said he has not seen the side back steps in a long time. He put a roof on that 30 years ago and the sides the way it is coming off now, it has to be leaking someplace inside. With the steps there, something has to be getting in there, how sound is it inside? To get somebody to even go inside would be a chore, he wouldn’t use the steps probably a ladder to get somebody out. Mr. Aquilino asked if it would be a potential safety issue for fire personnel and EMT’s? Mr. Rood said yes just from the exterior. Just the exterior to get into the building, never mind getting out of the building. Mr. Rood said he would never go on that front porch. Mr. Rood said he hasn’t been in the back to see the back steps, he doesn’t know how they get in and out of the house. Mr. Napoli and Mrs. Stephens said the side door.

Chief Arthur said he’s not familiar with the inside but unfortunately our department isn’t in the position to pick and choose what we do.

Chris Wendolowski 708 Madison Ave – Front steps have collapsed and area is a danger to occupants and visitors. Condition of front of residence is attractive nuisance to minors. Porch removed from front of home and has inadequate lighting. Boarded up windows make home unsecured. Mr. Aquilino said he has not heard anything from Mr. Wendolowski. We are going to have to issue further code enforcement proceedings and fines retroactive to notification. Mr. Markey said last year Officer Calzola caught some youths in the basement of the property. It is not secured, people can still get in. The bilco doors are also torn off. Mr. Rood asked if anyone knows if that building was cleaned out. Mr. Rood said he will not send anyone in that building. Mr. Markey said he thinks Mr. Wendolowski was warned before and when he gets warned he comes and throws some things in his dumpster for a day or two and then disappears again. Mr. Markey said it’s a vacant property as of right now.

Jason Ogozaly 709 Washington – Mr. Chase said he was contacted by an Ogozaly for permits. Mr. Aquilino said the permits will come from NEIC correct? Mr. Chase said correct, generally. Ken and John Marino from NEIC were present at the meeting. Mr. Markey said Jason was in this week to get permits. Mr. Markey asked if that house can be repairable. John Marino said anything can be if you have the money. Mr. Aquilino asked if it has to be shaved to the ground and start up from the foundation. Mr. Marino said no not necessarily, it depends on how much money you want to spend. Mr. Aquilino asked if this is a situation where they are going to spend twice as much as the property is currently worth. Mr. Marino said it’s a possibility. Mr. Markey said we have two issues there. Do we still have violations the property that is actually being lived in right now? Mr. Aquilino said we have violations at 709, we may have not inspected the associated property. 709 is abandoned. Mr. Markey said it is not boarded up. It is not secured. Mr. Chase said Jason Ogozaly contacted him April 10 and asked him about process of restructuring the house and wanted to know if you can tear it down and build in the same foot prints. Mr. Aquilino will contact Mr. Ogozaly, depending on his response we will decide if we will move forward with the proceedings.

Richard and Theresa Edwards 200 Hudson – Theresa Edwards has been in contact via telephone, email and in person. They have made a lot of improvements to the property, including removing the construction material garbage. He spoke with her again this evening, she outlined her plan to get the vehicles off of the property. She indicated that her garbage fees were paid.

The enforcement proceedings will be suspended until he has yet to reinspect the property. She has made significant efforts.

Charlett Mollis 614-616 Washington – Shirley McCeal was present, the daughter or Charlett Mollis. Ms. McCeal resides at 616 Washington. Mr. Aquilino said the address of the violation is 614-616 Washington Ave., we have the owner as Charlett Mollis. Mr. Aquilino asked if she was available to come today. Ms. McCeal said no she wasn’t. Is she the sole owner of the property? Ms. McCeal said yes. Mr. Aquilino asked how many people reside at 614-616 Washington Ave. 14 people. Mr. Aquilino asked for the names of those at the property. Mr. Aquilino asked how many of those people are renting units, paying rent, subject to a lease or are unrelated to you? Ms. McCeal 3 apartments are unrelated and yes, they are all paying rent. Mr. Aquilino asked if she secured the required rental permits. Ms. McCeal said no she has not. Ms. McCeal said because stuff gets sent to Ms. Mollis. Mr. Aquilino asked if there are leases for the 3 other units? Ms. McCeal said yes. Mr. Aquilino asked if she has copies of the leases and provide them to the Borough Secretary when she comes in and pays her rental permit fees and fill out the applications. Ms. McCeal said the violations for the house, the only thing that didn’t get done yet is the garage. Someone came out to look at that today and she will have an estimate for the garage tomorrow, he came and looked at it today. All the other violations have been taking care of. Mr. Aquilino asked if the taxes have been paid on the property and are up to date? Ms. McCeal said no. Mr. Aquilino said we cannot issue you a rental permit if the taxes have not been paid.

Mr. Aquilino said the violations included garbage and detritus in and around exterior of property and curtilage, repair roof of garage structure and remove tarps, or remove garage. Remove abandoned vehicle in rear or vehicle. Abandoned snowmobile in rear of property. Ms. McCeal said all of that other than the garbage fee has been taken care of. Mr. Aquilino asked if there was garbage around the exterior of the property at all? Ms. McCeal said no.

Mr. Aquilino said unfortunately, one of the things we will have to look into, he will communicate with her via correspondence after today. There are 4 families living in rental property without the required rental permits and you can not get a rental permit according to the applicable ordinance unless you have your taxes paid. He will have to look into that further and communicate with her about whether or not the renters can stay in the property.

Chief Arthur said as you know we cited her previously, she said she is responsible for that property. There seems to be some discrepancy on what she was telling us and what her daughter is telling us. Chief Arthur suggested whatever correspondence is sent out make sure its copied to her and her daughter. The magistrate told her she is responsible. Mr. Aquilino asked if she is the building manager. Ms. McCeal said she is purchasing it off of her daughter. Mr. Aquilino asked if there is a mortgage note? Ms. McCeal said yes. Mr. Aquilino asked her to drop a copy of that off when she comes to look into the permit for the taxes and provide the leases.

Frank Mangan Jr. 610-612 Washington Ave. – Roof structure being unsound, the deficiency has caused water damage in one or more of the apartments in that building. It’s a concern because small children living in that building. Mr. Aquilino said back in March it was discussed of getting the property repaired. Is the roof repaired? Mr. Mangan, we talked after April 1, it wasn’t in March. The date you asked to have the work done would be 60 days from March 15, 2018 – he became aware of it April 1, 2018. He had intentions to replace the roof long before this but he was waiting for the snow to get off the roof, he contacted a contractor and he gave him a date of about the end of this month. He since talked to him since he saw the first leak and saw some water coming through one of the apartments, only one of the apartments. It’s the apartment with 1 or 2 children. He is at the top of the work list and is expecting probably to start work right after the weekend. He has to get a permit. This work will be started after the weekend.

Ron Dean- currently living in the rear with his children. Mr. Aquilino asked if his apartment is in a livable condition. Mr. Dean said no it is a not a safe environment especially for my children. Mr. Aquilino asked him to provide additional information. Mr. Dean said he has 8 leaks in 5 different rooms when it rains, it comes down 2 different walls and is near electrical outlets, the one area is right inside the light fixture on the ceiling. All these complications didn’t arise until he had moved in after a couple of months. He did his actual inspection and everything was up to par for the most part besides for a little cosmetic work. He was told the major things would be taken care of in a timely manner. Mr. Dean said the timely manner has come and gone. Mr. Aquilino asked if there are open circuit boxes. Mr. Dean said there are maybe downstairs, it has a lock and key. The one tenant has the key. Mr. Aquilino asked if any of the ceiling material is coming down because of the water? Mr. Dean said it is, in his daughter’s bedroom. Mr. Aquilino asked if he investigated the hung ceiling in one of the bathrooms. Mr. Dean said he found that the ventilation light fixture, the light itself only works the fan does not and the exhaust is not ventilating. Mr. Aquilino asked if that is a potential mold problem. Mr. Dean said it is.

Mr. Mangan said he looked in that very same place with a flashlight and it was as dry as a bone. He came into Jermyn about 15 years ago and picked up this piece of property that was falling apart, an eyesore and potential crack house. He said he has a vested interest in Jermyn and wants to keep everything looking well and up to date. Mr. Mangan said he also knows from experience, when tenants fall behind on their rent and this particular case with Mr. Dean, he’s worked with him in the past to catch up with his rent and he came through once or twice. This time he did not and only paid half of the month, his experience is that the tenants falling behind on their rent look to get as much time with rent free habitat as they can and they do it by calling code enforcement officers, they go to the police. This is just his experience. All it is a stall for time for free rent, that is the case here. Mr. Mangan said he admits, he went through every apartment and there was some water leakage in his house and he wouldn’t say it was dangerous, it is going to be fixed. His contractor said he could put up a tarp but why bother when he can start fixing the roof and he would fix his area first. Mr. Markey said none of your tenants contacted the code enforcement officer. The code enforcement officer was hired by Jermyn Borough council in January. The big hole in your roof is the reason. Mr. Mangan said you can’t fix it with a foot of snow, only last week we saw it disappear. Mr. Markey said your accusations of your tenants calling the code enforcement officer and deduct rent are unfounded here and irrelevant. We are talking about the conditions of the home, not whose paying rent and who’s not. Mr. Mangan said he is here to respond to the code notice he got and as the code enforcement officer explained to me. We are replacing the whole thing anyway. He was waiting for the snow to melt. Mr. Markey asked if he has a property manager for that property. Mr. Mangan said he is, he does the best he can, he has a tenant that has been there 7 years, he calls anytime something happens and its addressed right away. Mr. Mangan said he has to protect his investment and to do that is do good by the town of Jermyn, he doesn’t want Wilkes-Barre or Scranton. Mr. Markey asked how long Mr. Dean has been there. Mr. Mangan said 6 or 7 months. Mr. Dean said 4 or 5 months.

Mr. Markey asked if there was a hole in the roof then. Mr. Dean said yes, he didn’t notice it because of the angle. That particular hole does not cover his residence. Mr. Mangan said that hole has nothing to do with his apartment. Mr. Aquilino asked if he has rental permits for all 4 of the units. Mr. Mangan said yes. Mr. Aquilino asked if he can provide the rents to the Borough Secretary Monday or Tuesday. Mr. Mangan said sure. Mr. Mangan said the contactors have been delayed. Mr. Aquilino asked who the contractor is. Mr. Mangan provided Mr. Aquilino with the work order for the roof. Mr. Aquilino asked if people are paying rent for the damaged apartments. Mr. Mangan said the damaged apartment is Mr. Dean’s and it has a water leak in 1 or 2 places, nothing he would call crazy but he wants to fix it anyway. Mr. Aquilino asked when is his rent paid through? Mr. Mangan said he paid half of the month, this month. It’s paid through April 15, he is behind for April. It is due on the first of the month. Mr. Aquilino asked if he has a lease. Mr. Mangan said a written lease, no. Mr. Aquilino said what is the lease situation. Mr. Mangan said it is a verbal lease, month to month. Mr. Aquilino asked what a verbal lease. Mr. Mangan said a verbal lease is when you don’t have a written lease. Mr. Aquilino asked what the terms for the verbal lease are. Mr. Mangan said month to month.

Mr. Aquilino asked about the notice to quit. Mr. Mangan said Mr. Dean advised him that he will be leaving in a month in a week or two, because of his history of falling behind in the past and his willingness to work with him, he knew he was having money problems somehow. He falls behind and all of a sudden, he calls and makes complaints with the local government, said he will leave in a week or two. Mr. Aquilino said just to be clear, he is the one that cited the property based on visual inspection. Mr. Mangan said that is perfectly fine and you did the right thing. Mr. Aquilino said let’s focus on the notice to quit. Mr. Mangan said that’s why he got the notice to quit. Mr. Mangan said he works with the tenants as long as they pay their rent they stay there, they don’t pay their rent he has to get rid of them. He tells me he is going to be out in a week or two. He was supposed to go see another landlord about getting a place and get back to me and he never did. Mr. Mangan said he presented him with the notice to quit, if you are going to leave like you said you are then this isn’t a problem, otherwise he goes to court and cuts his losses. Mr. Aquilino said does the notice to quit say he was in violation of his lease. Mr. Mangan said yes. Mr. Aquilino asked what it said. Mr. Mangan said he didn’t pay his rent. A verbal lease can be terminated. Mr. Markey said so you can put any terms in this verbal lease that you want to. Mr. Mangan said he doesn’t have any terms in it, it’s between him and I when he comes in, how much is the rent, you pay it you stay and if you don’t you go. Mr. Markey said you said he violated his lease when he came to code enforcement officer and started complaining. Mr. Mangan said he did not say that. Mr. Dean said he never had to deal with any kind of situation like this and that is the only reason why he pursued contacting you because he had seen you already came prior for the problem. Mr. Dean said you gave me a notice to quite one day after this alleged rent would even be due. The first was a Sunday so therefore from the date that he paid it would be up until the 17th, since he paid on the 3rd. Mr. Mangan said this will all be settled in the magistrates, what does this have to do with code violations. Mr. Dean said after 2 weeks it would be the 17th not the 16th.

Mr. Aquilino said his concern is the code enforcement officer which relates to punitive measures against Borough residents for reporting violations of the Borough Code, that is his concern. Mr. Mangan said that is not what happened. Mr. Aquilino asked if Mr. Dean pays his rent for the end of the month and pays next month, is he going to be removed from the premises. Mr. Mangan said he already discussed that with Mr. Dean and he asked him if he wanted to stay. Mr. Aquilino asked Mr. Dean if the property is repaired in a timely manner and you have the rent money available would you like to stay in the apartment. Mr. Dean said no. Mr. Aquilino asked how much time he needs to move out. Mr. Dean said two weeks. Mr. Aquilino said we are probably going to inspect the property on Saturday, he will call in advance to let him know so he can be available. Mr. Mangan said he doesn’t know if he can be there Saturday. Mr. Mangan said you advised me about the roof, its going to be replaced and we are going to do it ASAP, the contractor is moving him up because he is a priority. What is the purpose of the inspection so soon? Mr. Mangan said he doesn’t want to live there anyway. Mr. Aquilino said we have a property that has a hole in the roof for a substantial amount of time and he information we got today, indicates the hole in the roof isn’t even over the property that is leaking so it makes me wonder if any of the other properties are leaking, that is something we have to identify. He spoke with the fire chief who has provided additional information today about what happens to properties that have leaking roofs related to structural integrity and is concerned about the safety of the residents.

Lou DeMarco said some of the neighboring Borough’s do yearly inspections on these properties. As a landlord, he is all for that because it maintains a record of safety. NEIC does the inspections for Mayfield. Mr. Markey said as you know we had some issues going back and forth since we appointed a code officer, we put someone in that didn’t know how to do it right, we learn as we go. It is already in our ordinance that the code officer is to go in and inspect every rental unit on when they apply for a permit. That is something that we are going to start doing. If it’s not in there about every time there is a tenant change, then we will look to amend that as well. Mr. DeMarco asked what code or ordinance are they looking for? Is there a certain building code or Borough code? Mr. Aquilino said the property maintenance code. We rely on the expertise of the UCC codes. Mr. Markey said adopted the UCC code. For a short time, we adopted the International Property Maintenance Code. Mr. Markey said we wanted to adopt something that was recommended to us by the PSAB. We switched over to a Jermyn Property Maintenance Code in July of last year. It is not quite as comprehensive of the property maintenance code itself, we rely on the UCC code.

Mr. Markey said that was round one, we are not done yet. People who didn’t care enough to show up tonight, we will be proceeding immediately with further enforcement whether its daily fines, going to the magistrate eventually per the code, shutting down properties and forcing people to vacate for safety reasons and eventually it could turn into a situation where the Borough has to demolish and take over. We do have safeguards in the property maintenance code to eventually get our money back. There is going to be a second wave, it is going to start very shortly, if you have a friend or neighbor whose property is not up to code and they have not been addressed tonight; they will be. We have people who just from the story from the Times today have contacted us to complain about other properties.

Mayor:Mayor Fuga said this past weekend when we had our 75-degree weather and now it’s snowing. Mayor said he noticed that there were some complaints on social media about quads riding up and down the streets. Mayor asks that if you do notice that stuff, please contact the police. Getting on social media and complaining is not going to take care of the problem, calling the police will. If you want something done, please do that and it will make a big difference. There are people that have quads that are just trying to go from point A to point B into the woods and then there are the other ones going around town that shouldn’t be. They are the ones that are the problems and the once that should be taken care of.

Police:Chief Arthur said we have issues with quads, every town does. It’s a hard issue to solve. The good people, they are going to stop. The bad people that are creating the problems, they are the ones that run and cause accidents. If people call in and we have times and locations or they know who is doing it then we can watch their house and cite them that way when they come back or when they are leaving. We try to identify the riders or the machines, you will see them parked in the yard. Eventually they get cited and get caught.

Chief Arthur said so far this year they have had 915 incidents through the year, which is pretty high. Mayfield Police and our department have been doing random checks on Mayfield Elementary School. Currently we are involved in the blighted property with the code enforcement officer. We are enforcing the garbage ordinance, last week we had 7 violations of people on the delinquent list putting garbage out. We have a long list this week also. We are going to check today and tomorrow and cite the violators of that list.

Chief Arthur said we are doing ongoing speed checks with the Enrad system around town. We spoke to the Mayor and he is in agreement us and Mayfield police are jointly doing operations in the both towns which is better for both towns. We are making a bigger impact that way. Chief Arthur said in the near future, the Mayor is looking into getting the tape for the road, the thermoplastic tape for the timing. In the near future we will run speed in different locations with a stop watch also. We are still doing the bus stops, church traffic, house watch checks.

Chief Arthur said with the mass incidents around, shootings and bombings, he urges people to go out and take a first aid or CPR classes. If anything happens around here, a mass casualty incident, we will be able to use whatever help we can get. If people are trained in first aid and CPR it may make a difference of life or death. He urges people to get training. A lot of ambulance companies will do it for free. It could make a big difference. Mr. Markey said Jermyn’s claim to fame is that we are the birthplace of first aid in America. Mr. Markey said as many as we could have first aid and CPR certified the better. Mr. Markey asked Cara if she can work with Kevin and research and find out any local areas that are giving CPR and first aid classes. Mr. Markey said to see if we can get a class together for the public, if there are any local classes that people may be able to attend, lets find them and get them listed on our website. Mr. Markey said RA at Cottage was kind enough to waive his fees, but we want to make sure we have enough money budgeted to have a class per month in 2020 to give free first aid and CPR classes for residents in Jermyn. Maybe 10-20 students per month for each month. He wanted to see how much interest there would be.

Zoning:Mr. Chase said he received several permit applications this week. Mr. Chase said he has had a couple of messages and one person interested in opening a trucking company on Bonnie Dr. and another message in regards to a fence. The only permit he has that he is still working on is at the Windsor. Mr. Chase said he received an application today for the sign for the gun shop. Mr. Markey asked about the shed on the corner of Franklin and Madison. We did not receive any correspondence back. Mr. Chase said that is ready to go to the magistrate, we sent certified letters. Mr. Markey said we need to proceed there since he is not cooperating. Mr. Markey said Mr. Chase tried to talk to him. Mr. Chase said he refused to do anything and since then, we sent letters twice with no correspondence.

Mr. Markey asked about Mr. Bomba. Mr. Chase said he has to talk to him, the weather hasn’t been cooperating. Mr. Chase said when the weather is cooperating we will find out when we can move it, he has been in contact with him. Mr. Chase said Mr. Celli filled out the paperwork. Mr. Chase received a call from the ATF and he is looking for some more information. He is looking to do different types of work there, that may require another permit. Mr. Markey asked Mr. Marino from NEIC if Floyd Celli applied for a building permit. He should have filled out his permits. He filled them out recently. Mr. Chase said he has been doing work for a long time.

Fire:Mr. Rood said other than the smoke detectors we talked about before, people asked for 3 or 4 smoke detectors, it’s not going to happen. We can’t do it for two reasons, he gets a total of 24 and 12 goes to the Artisan and 12 to the Crystal. They gave out 10-year ones too, 3 to each company. If you can afford to buy one, buy one. Save it for the people that can’t afford it. He will not give them to apartment buildings. There was a problem over across from Rapid Pallet. He was notified two days ago. Mr. Rood asked if they are out of there now? Mr. Chase said it looks like they are cleaning up. Mr. Rood said they had a big bon fire at 1AM. He spoke to Chief Arthur and he talked to his guys to watch it. They might be all gone by now. Mr. Rood said its been a couple of meetings now, if we ever found out the solution for the old DPW building. Mr. Rood said to put up a wall. He was supposed to put up a half wall. When you first walk in the front door, you turn to your left there is a closet there. The closet has the electrical and the controls to the siren. Right now, police chief has a key to the building incase we need to get in there. What the fire chief is stating is that, during the original agreement when we sold the building to the purchaser is that they would put up maybe an 8ft. wall when you go in just so that we would have access to the siren controls and only the siren controls and nothing else. That didn’t happen. Atty. asked if it’s a written agreement. Mr. Markey said there is a sale of agreement. Mr. Rood said he doesn’t know if that was the final agreement but it was brought up, it was a concern.

Mr. Chase said the Artisan had delivery of their new fire truck and the insurance information should be forwarded to us. Council congratulated the Artisan on the new truck.

Tax Collector:Collected 157 garbage fees for a total of $19,625.00; 163 tax bills $53,101.80. for the month of March. Mr. Markey said if she needs any supplies to order them through the Borough secretary.

Secretary Report:There were a few concerns about a resident regarding another resident, this will be addressed with zoning. The leaf vac. Grant was submitted, gym floor grant was submitted. Revised estimate for the Woodlands Sewer Grant was submitted to DCED, the grant will cover the camera work. One residents came in for a yard sale permit on Washington Ave. The last payment of the Bridge St. loan was paid. Shane from Wayco was provided with Tony’s number to contact him to schedule a time to meet up regarding the cracks in the roads that were paved. PennDOT Maintenance of roads is supposed to come out and check John Gasper’s curb. The delinquent garbage list is sent out to County Waste weekly. Recycling brochures are being sent out with the newsletter. We have to educate our residents twice a year on recycling to be in compliance with the submission of our leaf vac. Grant.

Solicitor:Atty. said we have four resolutions and ordinances that council asked to draft for today.

Resolution #12-18 Revenue Anticipation Loan to pay for the Ford 550 with plow and spreader in the amount of $81,296.00. We have to pay for the truck and get reimbursed by the grant.

A motion was made by Mr. Napoli and seconded by Mrs. Dougherty to allow the Borough of Jermyn to seek a revenue anticipation loan/note for $81,296.00 for the grant for the 2018 F-550. All in favor; motion carried.

Resolution #13-18 Transfer of funds within Borough Accounts. It was recommended by our auditor to transfer the funds of the sale of the DPW garage out of the general fund into the DPW Capital Reserve Account. A motion was made by Mrs. Dougherty and seconded by Mr. Napoli to transfer $28,718.63 from the General Fund into the DPW Capital Reserve Account. All in favor; motion carried. Mr. Napoli said we are doing this to make sure we ear note this money for something we want to use it for. Just so we know where that money exactly is from the sale of the DPW Building.

Resolution #15-18 Sale of Borough Property with a value of less or equal to $1,000. Permitting the Borough of Jermyn to sell tangible property with a value of $1,000 or less without the vote or approval of Borough Council. Mr. Markey said we have some used equipment with the DPW, some unused and its been sitting around old. As of right now, we have to have a vote of council to sell anything that we value over $50.00.  It’s a little tedious, go out to municibid and have to wait for a meeting and then have to wait for another meeting to approve the sale for something that is lesser value that’s why he asked for this resolution tonight. Mrs. Wilson asked if council be notified after the sale? Mr. Markey said yes. It will all be in the treasurer’s report. Mr. Napoli made a motion, seconded by Mrs. Stephens to adopt resolution #15-18 to allow the Borough council without vote of Borough Council to sell tangible property up to a value of $1,000 or less. All in favor; motion carried.

Ordinance #14-18 Registration of Businesses operating within Jermyn Borough. Atty. said this was initially proposed at the April 15, 2018 meeting. One of the concerns raised by one of the residents was to what businesses it would apply, at the request of council to further define business. Mrs. Stephens asked if this is for businesses that are already here or just new businesses? Atty. said that had been raised earlier and what we had decided to do was initial compliance for current businesses would be 60 days after the official adoption of the ordinance and then for on going no later than January 31. Atty. said the purpose of the ordinance as it was written relates to the collection of information to assist not only the tax collector, council, code enforcement, fire dept, police dept and would necessarily exclude the majority of businesses who have an LLC with a registered address at their home for example contractors that work offsite. That is a person who has a job, not a person that has a business in Jermyn. Mr. Chase said when it was brought up about the rental agreements it was only made $10.00 just so we know who the people are that own the apartments and was not supposed to be a money making thing and all of a sudden a year or two years later the fees get sky rocketed, when he asked why did the fees sky rocket the answer was, because they require more police presence and everybody else is doing it. Mr. Chase said that is the answer he got and he sees this as a stepping stone, its $25.00 now but somebody tries to have a business is trying to start a business its just another permit fee, another tax. Mr. Chase said he understands why it is needed but thinks there are other avenues for that. Mr. Rood said he is an Inc. so he would be included in that. Atty. said he would have to know more about his business. Mr. Rood said he does house plans, he has people come to his house once in a while. Atty. said the intent of the ordinance is where there is constant foot traffic. Borough council has the opportunity to determine what the initial fee is in the ordinance, Mr. Kulick had initially suggested $25.00 and that is what was put in the ordinance, it’s a draft ordinance.

Mr. Markey said the rental unit ordinance and what was adopted in 2002 at $10.00, from whenever until we hired a property maintenance code official, it was in the rental unit ordinance that the code official can and should inspect all rental units on a yearly basis. It was right around the same time that we hired a code enforcement officer. The increase of the fees coincided with the hiring of a code official and we had planned to the whole inspection thing. Mr. Chase said that wasn’t the excuse at the time. Mr. Markey said this is open for discussion if anyone has any comments or questions about it. Mr. Markey said we are only voting tonight whether to advertise it or not, we are not voting to pass it. Mr. DeMarco said do we need the fee? Can we just have the registration. You said the rental fee is going towards inspection, which makes sense that its explained that way. What is this fee going towards? Mr. Markey said this fee from his understanding goes towards the upkeep and maintenance of first of all the business registry. Mr. Rood said an administration fee. Mr. Markey said we are 1 square mile, we are not getting rich off of this ordinance. Mr. DeMarco said what if it doubles or triples. Mr. Markey said we have no bearing on what future councils would decide to do but we do not want to make this punitive and we understand and recognize that the businesses we do have in town are very good to the Borough and the residents of the Borough and different organizations, baseball and Shade Tree, Rec. committee, fire Co’s, police dept. This is not to be punitive but its basically an administration fee, we would take his information that we acquire from here and we would make sure with the fire Co’s, not just this tax collector and also Berkheimer who is our LST collector to make sure the taxes are being in collected in town as well and also with the police dept. Mrs. Stephens asked it has to be done every year? Mrs. Stephens said she doesn’t see that, if its an established business that has been here for years, having to register every year to me is just crazy, the fee every year. Mr. Markey said a lot of these businesses that do business in the town, have to secure licenses and permits and things like that from other places and we want to make sure they are up to code with that as well. Mr. Markey said so that is why we are asking it on a yearly basis, we want to make sure this is an on-going thing not just a one and done type of thing.

Mr. Markey said he isn’t saying necessarily that there is this type of business in town but if you’re an auto mechanic and you have a lift and you employee people. If you have customers who are in your shop, they shouldn’t be in the shop but if they are and one of these lifts fails or something like that, then we could possibly be liable. We want to make sure proper permits are secured and equipment is up to code and inspections are done. Mr. DeMarco said from a public standpoint, we are talking about a lot of fees. Last meeting a sewer fee was discussed. $25.00 and $40.00, it all adds up. Next meeting is going to be a sewer fee that is less than 10% or 5% of the Borough. Most of us aren’t even on the sewer system, it’s just one more fee and they all add up. He agrees with Mr. Chase, its additional revenue streams, not so much for you guys but the next council might increase fees. Mr. Markey said he understands that some of you may feel like you are getting nickel and dimed to death. Just from researching, other Borough in Lackawanna county, if you move to another Borough the chances are you are probably paying more money for more ordinances, different fee schedules. Jermyn doesn’t really have that much in a way of fee schedules. If you are going to have rental units here in town, yes. If you have a business that meets these qualifications, yes. Mr. Chase said there are a lot of other towns that don’t have any of those. Mr. Markey said that is true. And how are there roads? Mr. Chase they are actually pretty good. Mr. Rood said he went down to Old Forge/Moosic, Jermyn was like golden streets. Mr. DeMarco said Old Forge’s rental unit is $100.00. Mr. Rood said he understand the reason for the business registry ordinance. A motion was made by Mr. Napoli and seconded by Mrs. Dougherty to advertise Ordinance #14-18 The Business Permit Ordinance. 4-1 vote- motion carried.

Grant Committee:Mrs. Dougherty said the grant was submitted for the floor in the gym, we did receive a message back that the cart system and covering we wanted to purchase to lay over the floor if someone wanted to rent it or be used for an event other than a sport, is not eligible for that grant program so that was deducted from our budget amount. The floor is still good to go. The only thing we had to remove was the cart and covering system. We will look into alternatives for that and possibly look into either another grant or additional funding sources for that, minimal costs as far as the overall scheme of the grant. We also received a letter that Senator Blake sent to the DCED showing support of the grant for us. Mrs. Dougherty wants to thank Senator Blake’s office and Jeff Cavanaugh who was really great to work with throughout the process.

Shade Tree:Mrs. Wilson said the Lazy Duck Race will be held Memorial Day. Mrs. Wilson said she was called by Bruce Smallacombe that the centennial committee for the 150th anniversary will be meeting this Sunday at 7pm. He was hoping that the doors to the building would be unlocked for their meeting.

The Shade Tree Commission with approval of council, had 3 DPW employees attend the pruning and trimming of trees at the University of Scranton by Penn State Program. They attended and the fees were paid by Shade Tree. Mrs. Wilson asked if it was informative. Mayor said it was, we learned a lot. It was very informative and we did learn a lot and we are going to put our new-found education to use down on Old Mill Rd. at the Newcomb property because we had a tree fall over and he informed us that they are our trees, so we will take care of them. All that fighting back and forth and he said they were his trees and he was going to take a heart attack if we cut them. One fell over and the Chief went down to take care of it and told him to cut it and all of a sudden it became our tree, we are going to take care of them. The Shade tree had also paid for your outfits, suits and some materials and equipment out of the Borough Shade Tree account. The Shade Tree will also be putting finishing touches on the garden for pollination of butterflies and bees over at Mellow Ct., it is all cleaned up and we will add more mulch to that.

The Shade tree commented on how wonderful the landscape looks over there with all the volunteers and everything. Mr. Markey said Mrs. Wilson helped out too and thanked her.

Mrs. Wilson said we will be doing the main St. trees in the greenway, we have to get good weather, it was scheduled to start the beginning of April. We will get rid of all the weeds and backfill with mulch. That will be done hopefully before Memorial Day.

The Events Committee has applied and wants to thank Council for allowing us to apply for the culture Arts $500.00 grant.

Memorial Day- Shade Tree was contacted, American Legion and they are all fine with the ribbon cutting on Memorial Day with the council, legion and the Shade Tree, cutting the ribbon at the Windsor and then progressing down to the start of parade at the convenient.

The Shade Tree is respectfully requesting approval for the following annual spring activities scheduled as follows: Jermyn Arbor Day Monday April 23 at 6Pm at the Crystal Fire Co. The Jermyn/Mayfield girl scouts have accepted the invitation to plant the tree in celebration of National Arbor Day. The Arbor day tree will be planted at the Crystal Fire Co., following will be held a pizza party at the fire company dept. All participants and guests are asked to come. We would appreciate the council membership and Mayor Fuga to proclaim April 23 Jermyn Arbor Day and execute the following forthcoming proclamation at the council meeting. The Mayor Council Membership are cordially invited to attend the ceremony and social afterwards. Mrs. Wilson said this tree is going to be planted in Honor of the Deceased Members of the Crystal Fire Company. It will be placed at the corner of Madison and Bacon.

Jermyn Clean Up Month – April 23 to May 25. This includes National Earth Day, April 22,2018 and Arbor Day the 27th. Earth Day and Arbor Day pertain to the importance of recycling, clean air and clean environment. Jermyn clean up month would involve all organization and residents to clean up in front of their homes and businesses of the winters dirt and debris. The Shade Tree will advertise and place flyers announcing Jermyn Clean Up Month. The date for cleanup for rt 107 & Washington Ave, Scout Corner will be Saturday  May 12, 2018 tentative with times to be announced. Shade Tree will travel to Lakeland School District 4th grade classrooms to instruct and share with the students these important dates and environmental activities, they will distribute booklets, recycling sheets and plants to the students in Scott and Mayfield

Jermyn Town wide Yard sale June 2-3 rain date June 9-10 – Jermyn Shade Tree Commission will sponsor in partnership with Jermyn Borough Council – first weekend of June. The yard sale continues the celebration of Earth and Arbor Day by focusing on recycling. Hours of sale Saturday 8am-6pm Sunday 11am-6pm. The Jermyn Shade Tree will post flyers and letters to the churches, fire companies and other organizations for their participation in their own way and notice of this activity. All yard sale items must be on the property of the owner and not interfere with pedestrian or traffic flow.

Mrs. Wilson said by this notice and its approval, we are hereby asking that the Jermyn Police, Fire and DPW departments be notified of the above town activities and approved for their future assistance if the need occurs.

Mr. Markey said just for clarification, the town wide yard sale; the residents do still need to obtain a permit and it is free. Mrs. Wilson said she has to disagree. Mr. Markey said you are sponsoring it which means your picking up the advertising costs. Mrs. Wilson said it was asked previously to this. Mr. Markey said it was never voted on. Mrs. Wilson said why would you have a town wide yard sale and have them do permits. Mr. Markey said for the reason you just said that you are going to request police. Mr. Markey said there was no vote. Mrs. Wilson said it was discussed. Mr. Markey said we said that night do the people still need a permit and you said yes they do. Mrs. Wilson said that was never brought up. Mr. Napoli said you just said it was brought up. Mrs. Wilson said we said we needed the permits when an individual on a specific place on their property, yes they need a permit. Mr. Markey said its free let them get it, they can get it off of the Borough website and mail it in. Mrs. Wilson said its just paper and she disagrees because we are sponsoring it so we do not have all these yard sales all year. We are sponsoring it for people to come into town. Mr. Markey said it should count towards one of their yard sales for the year. Mr. DeMarco asked if there is a maximum we are allowed to have? Mr. Markey said you can have 2 per year. Mrs. Wilson said she disagrees. Mrs. Wilson said if she knew the people of Jermyn would have this yard sale town wide counted as one of their yard sales, Shade Tree could have brought it up but she would have never presented it. It’s not fair. Mr. Markey said it is going to be in the newsletter that they are going to need a permit so if you want to go ahead and tell everyone differently, he will leave it up for the rest of the council. Mr. Napoli said he will meet halfway, it shouldn’t be counted against them but they should still get a permit. Mrs. Dougherty made a motion that it does not count against 1 of their 2 permitted yard sales per year and permits are required, seconded by Mrs. Stephens to allow the town wide yard sale on June 2-3 rain date June 9-10 with a permit required however it does not count against their two yard sales per year. Mr. Markey asked are there set times. Mr. Napoli said he thought last year we said we weren’t going to do that. Mrs. Wilson said she will just take it out when its advertised. Mr. Napoli said its usually sun up to sundown. All in favor; motion carried.

A motion was made by Mr. Napoli and seconded by Mrs. Dougherty to have Jermyn clean up month from April 23, 2018 to May 25, 2018. All in favor; motion carried

A motion was made by Mr. Napoli and seconded by Mrs. Dougherty to allow Shade Tree Commission Arbor Day Ceremony at the Crystal Fire Co. Monday April 23, 2018 at 6PM in memory of the deceased fire fighters. All in favor; motion carried.

Safety:Mr. Napoli said the radio in the police car went down about a week in a half ago and it will be getting replaced, when the bill comes it will be about $1,000 and it is in the budget.

Engineer:Mr. Markey asked Tony Grizzanti if he has heard from the USDA. Mr. Grizzanti said no he thought he was supposed to come and meet with you guys. Mr. Markey said we were just wondering because he did tell us the same thing and he never contacted us. Mr. Markey said the question came up last meeting, when this sewer line was done that was just camera on Garfield, when that sewer line was put in, who is responsible for Borough oversight at that project? Mr. Grizzanti said there was no one that was there so he isn’t sure who would be responsible. Mr. Markey asked if KBA was asked to go over? Mr. Grizzanti said no.

Finance:Mr. Markey read a letter from Mr. Kulick-Finance Chairman- Finance group met with Joe Garvey from Barbetti to review the audits from 2017, the results of the audit are excellent with things in order and well accounted for. There is a suggestion by Mr. Garvey with capital accounts and he will do some preliminary work at no charge to the Borough and he will report that at a later date. Another suggestion was to remove the funds from the DPW sale from the General Fund to the DPW Capital Reserve. Finance will present a detailed report at the July meeting covering the 6 months of the year and will begin the budget process for 2019 in August. If anyone has any questions and would like to see a copy of the municipal audit and financial report that we report to the DCED, it will be available for inspection in the Borough office.

DPW:Mr. Markey said we are still waiting to hear back from the USDA to schedule a visit to the jobsite regarding the DPW garage. We already made a resolution tonight for a revenue anticipation note to borrow to pay upfront for the 2018 F-550, which we will get reimbursed by the grant. That brings up our next item of business here. The 2002 F-550, which we are replacing with the 2018, we want to look to sell that as well. The Mayor did some research and is figuring a value right now for that vehicle, we are selling it with plow and spreader. We are going to value it between $10,000 – $12,000. Mr. Markey said we can’t have an in between. A motion was made by Mrs. Stephens and seconded by Mrs. Wilson to allow the sale of the 2002 F-550 with plow and spreader valued at $12,000. All in favor; motion carried.

Chicken Ordinance:Mr. Markey asked if the ordinance committee could look into the chicken idea that was brought up tonight. Mr. Markey suggested to come up with pros and cons and if the pros outweigh the cons we will get with the solicitor to draft a sample ordinance. Mr. Chase said since it is a zoning issue can you run it by zoning. Mr. Chase suggested that we talk to Mayfield because they do have a good set of ordinances that dictate what you can and can not have in size and such. Mr. Chase said he’s enforced people having chickens and there were problems and it was bad. As long as its done properly, it can work; he is not opposed to it. Mr. Markey asked the ordinance committee to get with the zoning officer as well and discuss the pros and cons and if the pros outweigh the cons and if its feasible for Jermyn to do it.

Wayco Roads:Shane from Wayco was given Tony Fuga’s number to coordinate a time to meet with him regarding the cracks in the roads. He did not make contact yet.

Vonage/Adams:Mrs. Wilson said we have a committee meeting of the DPW and the grant committee the 2nd Thursday of the month and since she has brought it up and, on those committees, she asked Adams to send a representative down to those committee meetings on May 10 at 6:30 to discuss what we can do. Mr. Markey said we can table that until after the committee meets with Adams. Mrs. Wilson said she doesn’t want to change anything that is already with Adams. Mr. Rood said in the agreement with Adams from day one, the fire companies always got free tv. We didn’t have to pay for tv. Then Mr. Rood asked as fire chief because of having to send out reports, we were with Adams for so many years, if they would include the internet with it. They did, they put internet and now they charge us for tv now. Give us free tv because he can get the internet for free from skypack. It is costing us more and the budget that we are on, let us go back to the original way. Mr. Rood asked if they would consider putting it in their package as a gift for Jermyn Borough as Adams being their supplier. Mr. Rood said the only thing the Borough pays at the Crystal’s is the phone, there always was that because of the way the county had the system set up for reports. Now each company makes their own report, that’s why he asked last time when Adams came about that they put the internet in each fire co. as goodwill a long with the tv. They put the internet and then took the tv out. He can get the internet for free from skypack. Mrs. Dougherty said the internet is written into the franchise agreement at no cost. Mr. Rood said but the tv was at no cost before so now they wrote the internet in and charge us for tv. Mrs. Dougherty said the most recent agreement was signed 2-3 years ago maybe a little longer. She asked for the franchise agreement, it stipulates that there will be no charge for the internet and it does include the fire co. in there. Mr. Rood said before we were getting cable. Mrs. Dougherty asked before the agreement? Mr. Rood said yes. He suggested they give us the tv back for free. Mrs. Dougherty said well unfortunately someone signed a 20 year agreement, that would the solicitor’s questioning. Mr. Markey said that date is fine and have them show up to the committee meeting, he said he has asked the solicitor to do some research in the meantime about Mrs. Dougherty’s franchise fee idea. That is why she requested a copy of the franchise agreement. Mr. Markey said we can possibly see if we can find a way out of the agreement.

New Business:Mr. Markey said this is new business but its actually old business. We got a grant for $50,000 to pave the parking lot. According to KBA when they did the estimate for the grant and he thinks they did this to help us secure more grant funding, the estimate came in at $106,000. We do have to have this done by June 2019. Right now, we already know the solicitor did his homework and we can take revenue anticipation notes for things like these. We have to know what we are looking at first. Mr. Markey said he thinks it’s a good time to put it out for bid. Mr. DeMarco said you are going to pave the parking lot before you put the building up. Mr. Markey said no we want to put the building up before we pave the parking lot. Mr. Markey said we should at least put it out for bid. A lot of the building is going to be taken up with the greenspace anyway. Mr. DeMarco said but the trucks are going to run over a brand new lot. Good luck getting a bid now and someone is going to hold it to you for another year for a paving project. Mr. Markey asked if they hold? Mr. DeMarco said no because the index changes. You get a bid now and they won’t hold it to you for a year. Mr. Markey said we have to table that because we want to do the building before we pave the parking lot. He didn’t realize how long the bid would hold.

Mr. Rood said he has a comment that has to do with revenue, he saw in the paper that the county is going to want to put a $5.00 tax on us for licenses. Council said it got defeated yesterday. It was a vehicle registration fee.

Mrs. Stephens asked if we heard anything back from the County. Mr. Napoli said about getting our meeting about the project. No one has heard anything. Mr. Napoli said Gary is the one that said the reason it is being held up is because we don’t have easements.

A motion was made by Mr. Napoli to adjourn the meeting at 9:50pm, seconded by Mrs. Wilson

All in favor; motion carried.

Minutes April 5, 2018

Minutes 4-5-18

Jermyn Borough

Council Minutes

April 5, 2018

The Jermyn Borough Council held a council meeting on April 5, 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. Aquilino, Ray Rood and Bob Chase. Absent were: Joseph Smith and KBA

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

Presentations:EMA Award:Mr. Napoli said when he first started at the fire dept. at the Crystal Fire Co., there were older members that were always around to help out and always gave their two cents in that were extremely valuable. Ralph Bensing was definitely one of those members. Mr. Napoli said he thought it should be acknowledged and celebrated for his 50 years of service to Jermyn as a fire fighter, fire police and EMA director. Mr. Napoli and Mayor Fuga presented Ralph with a plaque. Council thanked Ralph for his service.

Little Free Library:Mr. Markey said his wife Katie, whose here tonight, there is very few things that she loves more than she loves reading. With more and more people turning to screens and e-readers and everything like that, last year she came up with an idea and its an idea for the entire town. With the help of DPW, Mayor Fuga, Joe Esgro and with the artistic stylings of Lindsay Miller, we helped make Katie’s dream come true.

Mr. Markey presented to the Borough of Jermyn; Jermyn’s very own Little Free Library. DPW made two of these, this one is finished and the other one is getting painted. The concept is a free take a book leave a book. Katie will be the library steward. We have registered this with the Little Free Library.com association, it has its own charter number and anybody who logs on to the website will be able to find it on a map. Mr. Markey thanked his wife for making this possible, without her idea this wouldn’t happen. Mr. Markey said on behalf of my wife and I, we will present a check to the DPW for their help. This one will be placed with council’s permission on the front lawn of the Borough building, mounted on a pole. For nighttime it has timer lights. He would like to invite all resident readers of the Borough, young and old, to contribute to the little free library by taking as many books as you want and leaving as many books as you take.

 The second little free library is planned to be constructed at WWI Park on Bridge St. with council’s permission. For the second library, we are going to invite all the children of the Borough to come and leave a painted handprint on the library and that is how it is going to be decorated. We will write the names of the children on the handprint so when they grow up and come visit the library they can easily remember how young they once were.

Mr. Markey formally asked council to accept this gift and for permission to construct the libraries in their planned spots at the Borough building front lawn and WWI Park. Mr. Napoli seconded. All in favor; motion carried. Mrs. Wilson offered a suggestion, down at the WWI Park, would you work with the Shade Tree Commission, they will be more than happy because they like the idea.

Shaun Markey – 299 S. Washington Ave: Suggested we should put a sign that says “suggested books” and put a pencil on a string on the little library. When people come they can write down books they would like to have in the library.

Mr. Markey said just to clarify, this would be for children’s books as well, children are welcome and encouraged to take part in the free little library as well.

Katie Markey said Lindsay Miller couldn’t make it tonight and thanked her for the artwork she did on the little free library.

Public Comment:Kaitlin English- Lackawanna County: Arts and Culture – Arts Thrive in Carbondale. Artists participating will be able to present their various talents. Saturday May 26th, 2018 10am to 3pm, Carbondale, various locations and venues through the city.

4H Information Night at the North Pocono Library – April 24 at 6pm

2018 Scranton Armed Forces Parade Saturday May 19, 2018 at 11am.

Donna Stackel- Whoever took the initiative and installed the new pa system, she thanks them very much and she is sure everyone else does. She took a peek into the Borough office and she was totally impressed because it never looked that good. Mr. Markey said Mayor Fuga installed the new sound system, we still have to put some more speakers, maybe some of the ceiling speakers. We had a little issue last night at the County Commissioners meeting, they had us turn our sound system down so they can turn theirs up. Theirs is to record the audio. The audience had a little trouble hearing last night, maybe if we get a couple of those speakers, we can turn this down maybe a little bit.

Correspondence:Mr. Kulick said we received our annual bill for the Lackawanna Heritage Valley, we haven’t paid in 4 years, I don’t suspect we will pay this year.

LCAB has a meeting on Thursday May 17, 2018.

Letter of Resignation:Mr. Kulick read a letter from Mr. Joseph Smith. Mr. Markey made a motion to accept Mr. Joseph Smith’s letter of resignation effective April 5, 2018 with regret, seconded by Mr. Napoli. All in favor; motion carried.

Mr. Kulick said we have 30 days to appoint a replacement. Either at the next meeting or the first meeting in May. Mr. Kulick said we don’t think we need to advertise it in the newspaper. We can put it on the Borough’s Facebook page. Mr. Markey said word will get around enough. Mr. Kulick said anyone interested in applying for the open council position, please submit your letter of intent by April 25, 2018.

Mr. Kulick thanked Mr. Smith on behalf of council for his years of service. Mrs. Wilson said he served approximately 8-10 years. Mr. Kulick said he was our Finance Chairman.

Letter- Bureau of Waterways:Mr. Kulick said it is more red tape. We will talk a little more about the creek project later in the agenda. We had a discussion last night with the commissioners.

Sewer:Mayor said last Friday we had a company come in and run the camera in the Garfield sewer area, where Andy Whititak was having a problem; in that stretch. They found that there is probably about 100-150ft sag in the pipe. Also, the way it was installed, the normal pipe that they use is called sdr and they went from sdr to regular white pvc pipe back to sdr and there is so many joints in there, it’s pretty bad. Basically, where they put the white pipe pvc, it’s crushing down. Eventually it is going to have to be replaced, now that we know what we are up against, we can put it on a maintenance program to keep it from having problems but eventually it’s going to have to be replaced. There should have been oversight when it was put in and there wasn’t. Basil Kleha asked how many feet? Mayor said it runs from the one manhole on the first road going up to Raymond all the way down to the corner of Bacon and eventually we will have to do going out to Lincoln too. That isn’t as bad as this. He remembers watching the video in front of Ray Rood’s, there are sags in there but that one is all sdr pipe, it’s not to bad. But this is really a problem because the pipe doesn’t even fit the right way.

Lou DeMarco asked if we own all of it. Mayor said yes, we own all of it. There was no oversight when it was put in. Ray Rood asked who was supposed to oversee on the Borough’s behalf. Who can the Borough go after that was supposed to oversee it? Mayor said he doesn’t know, whoever was involved in the process when it was put in and whoever did it and approved it. Apparently, they must have thought because it was new that there wouldn’t be a problem and they just let it go. Mayor said that was the reason why we were having the grease problem because it was a sag and it was laying in there. Lou DeMarco said wth the little bit of land that there is left to develop, we should watch. Mayor said it has to be addressed and from here on out we have to have someone inspect these projects whether it is big or small.

Mr. Markey said this also solves the mystery of the grease, it was that big sag clogging it all. Mayor said Mike from American Rooter said it isn’t something that has to be done today, we can put it on a maintenance plan but we will eventually have to do something. Mr. Markey said we have some problems here. Mr. Kulick said the next step in this whole sewer issue is we need to camera the woodlands so we find out what we are dealing with there. We do have the grant for the $140,000. Once we understand the severity and the problems in the Woodlands, we may try to manipulate that grant a little bit to help us out with the other problem.

Mr. Markey said he said this a couple years ago, with the sewer system that we own, council should look into the idea, we probably can’t sell our sewer system because it’s not attractive its just a liability. He thinks council should look into the possibility of a waste water management fee, to handle things like this. It’s like what we were telling the commissioners last night, we are trying to operate on a $600,000-$700,000 budget and now we have underground infrastructure we have to replace. We can’t rely on grant, we are applying for everything we can. We should at least entertain the idea. Mr. Markey said he knows that it is going to hurt some people because we can’t pick and choose who we charge the fee too and a lot of our residents are using the Lackawanna Sewer Authority. Mr. Kulick said everybody is paying that fee. Mr. Markey said we are going to have to look into something along the same lines, not saying anything big, he isn’t saying let’s charge $100/yr. fee. We have to figure something out. We have to look towards the Woodlands, we have a grant for phase 1, are we going to get a grant for phase 2 or 3. If that sewer holds up right now, is it going to hold up 10 years from now. Lou DeMarco asked how many houses are on the sewer the Borough owns. Mr. Markey said we can figure it out because we have maps of the sewers. Even if its 100 buildings out of 900, we can’t just go and say these 100 buildings are going to get the fee, we would have to charge it to all 900 buildings in town. Which is the unfair part, but like Mr. Kulick said even if you are using the Borough sewers, you are still paying your waste water management fee to the Sewer Authority.

Mr. Markey said it is something we should think about. He wanted to look into the idea of possibility selling our sewer system. The former solicitor put his feelers out and there wasn’t much of an appetite for that because it’s not really an attractive sale. Its not really an asset because it doesn’t come along with a fee or anything like that. Mr. Kulick said we will have the solicitor look into what is required for the fee.

Roads:Mr. Markey said everyone knows what kind of shape Jermyn roads are in and everyone knows what kind of shape Jermyn roads were in 2 years today when we were longing for a big paving project which we got towards the end of 2016. Now our newer roads, because of the harsh winter and the freezing and thawing, we are starting to see some cracks. With the road conditions and the shape that they are in right now, he thinks we are in a pretty good spot right now. Mr. Markey said he thinks we need to continue to go down that path of being at a good shape with these roads. Roads are probably the Borough’s biggest asset and they are probably the biggest complaint when they are not good. In order to keep them running smoothly, a lot of times what the DPW will go out and do is they will go out and try to seal the cracks with tar.

The tar buggy and the system that we currently have, we do have a tar buggy that we bought a couple of years ago. We have some pour pots that the DPW uses. The tar has to heat up to around 400 degrees and then these guys are out dumping the 400-degree kettles on the roads. Mr. Markey said Mrs. Dougherty is in Human Resources and asked if that is a huge liability. Mrs. Dougherty said yes. Mr. Markey said in the eyes of safety that is not good at all. We could open ourselves up to some big workers comp. claims if anything ever went wrong.

Mr. Markey said he wants to propose is a crack sealer that we have actually been looking into here. Mr. Markey said the mayor took a walk a couple of weeks ago and took a bunch of pictures of the cracks and in some of the newer roads. Mr. Markey passed around pictures. Mr. Markey said this would use about half the tar we are currently using. When we buy tar by the pallet, it would get us twice as far as it currently does. We waste a lot of tar with the way we currently do it. If we have this wand with this crack sealer we are able to regulate and fluctuate how much tar we are putting in there. We are sealing the crack right then and there with the wand. Mayor said it does a better job because right now when we do it, we are just getting it into the crack but you should overlay it. To do it the right way a tar kettle like what we have, you would need 4 people because you have to have someone pouring it, cleaning out the cracks and somebody going around and squeegeeing all the cracks. It is very labor intensive and time consuming. With the new ones you can control the temperature. Mr. Markey said it is time to start investing in road maintenance a little bit better and more. We looked into some of these crack sealers and we decided that Stephensen equipment, who we also just leased the new backhoe from and purchased the new chipper from. They came in with the best price.

It is a 75gl. Kettle, right now the price is $30,591.00. There is a couple of different avenues we can go, we can purchase this over the course of 5 years, which we are given terms that he handed out to everyone. 3.75%. The Annual payments would be $6,584.71. He crunched some numbers as well and even though this was not included in the 2018 budget, we still have an excess surplus in our liquid fuels account of over $65,000. That is allocated for things exactly like this, to take care of the roadways. There are two different ways we can go, we can finance it or we can just purchase it outright. The borough secretary stated we can only use 20% of what we get per year on major equip. purchases but will ask to verify. Mrs. Dougherty asked if the amount rolls over each year if we do not use it. Mr. Napoli asked to look into that.

Lou DeMarco suggested to get the roads tested that were just paved. Lou DeMarco said something is wrong for the roads to fall apart. Any work we do, our spec book is written in accordance with the 408. We are going to spend $30,000 to repair it but spend $3,000-$4,000 to look into it, there were two types of inspections – visual and mechanical inspections. Its not fair to us $500,000 and we are going to spend $30,000 to fix it. Mr. Markey said he isn’t just talking about those roads. Lou DeMarco asked who did the work. Mr. Markey said Wayco. Lou DeMarco asked if anyone called Wayco and ask them to come down and look at it. Mayor said that is a step we have to take, it was just noticed a couple of days ago. Madison was the worst of them all. Mrs. Wilson said if we don’t get a proper answer on what we want to hear from Wayco, we can go further. We still need something for our other roads. Mayor said you have to do the maintenance, maintenance is the key. It’s sad this didn’t happen years ago; the equipment wasn’t provided years ago. They probably would not have been in bad shape as they were, we are trying to look towards the future and keep it from happening again. Your roads are an investment, you want to take care of them as best you can.

Ray Rood asked if there is something we can borrow from someone else. Mayor said he doubts it reason being because, Throop just got one not to long ago, they got a bigger one probably $60,000. He doesn’t foresee them wanting to send out their equipment to anybody to use. The damage and liability. We did look at where we can rent one but by the time you are all said and done you are looking at almost $5,000 for the week, you aren’t going to get all of your roads done in a week. Mr. Markey said that is almost our first year’s payment. Mayor said its better in sense to own them on your own. We looked at all the angles. He looked at used ones and they are still expensive and you do not know what you are getting. If they have problems you are looking at big money to fix them. Mrs. Wilson asked what about Archbald, do they have one? Would we even consider the two Borough’s purchasing it? Mr. Markey said he thinks if we purchase something with Archbald, it will stay in Archbald. Mayor said they have more roads. Mrs. Wilson asked about Mayfield. Mayor said if it breaks when Mayfield had it, Jermyn is spending to fix it. Mr. Napoli said you don’t know what they are doing with it over there. Mayor said how we take care of something they may not take care of it the same.

A motion was made by Mr. Markey and seconded by Mrs. Dougherty to purchase the 2018 crack sealer from Stephensen Equipment 5-year terms as listed. All in favor; motion carried.

Woodchipper:Mr. Markey asked the solicitor to draw up a release of liability to the buyer. The woodchipper was put on Municibid. A motion was made by Mr. Markey and seconded by Mr. Napoli to sell the 2003 8” woodchipper to Thomas Doley in the amount of $4,100. Mrs. Stephens asked if he is to come and pick it up. Mr. Markey said he is coming to pick it up and will give us the check before he does. All in favor; motion carried.

Business Ordinance:

 Mr. Kulick read aloud the business registration ordinance. Bob Chase said he was never contacted in regards to emergency services. Ray Rood asked what type of business. Bob Chase said so if someone is a little pc repair shop on the side in their basement, its them too? Next year it will be $50.00. Lou DeMarco said he owns a real estate company and his address is where he uses to get mail and tax bills, he’s a business in the borough and has to pay $25.00 to register? Is that how it is interpreted? Solicitor said its going to be someone who does business out of the Borough. Someone who uses Borough roads if something is going to burn down, your fictional company isn’t going to require any specific Borough services. It’s the use of public services. Ray Rood said he has an office in his home, he pays taxes in town, is he going to get taxed again, does he have to pay a fee. The solicitor said we are talking about shops. Mrs. Dougherty said if you have people coming into your business like a retail shop. Mr. Markey said we need to add a section to definitions adding businesses.

Mr. Kulick said the idea is that we want to know what businesses are in town so nobody just comes in and opens some kind of shop and they are in business without a notice. We don’t know what they are doing, we don’t know what business it is or what they are selling. Bob Chase said it is already in zoning for that, you can’t open up a massage parlor in your house, that violates zoning ordinances. It would be shut down immediately. Mr. Kulick said it might violate the zoning ordinance but it doesn’t mean we understand wat kind of taxes should be collected from that business, its one thing to be able to pass the zoning rules but to put a business in like a massage parlor or whatever that’s one thing, its another thing for the Borough to understand what the business is. We have a right to know that. Mr. Chase said it is something that can be amended in the zoning ordinance, its already in there under what you are allowed to have and not have, based on the community, zoning hearing or conditional use. That is all in there, you can simply make an amendment to the zoning book that is just for simple state of a use permit. Right now, somebody wants a business and its approved its just a matter of me saying yes, its not a matter of applying for a zoning permit because the way its worded. In other towns it’s a use permit, you have to get a permit for a use and have to establish that same criteria. Mr. Kulick said that is what we are talking about. You go to most of the towns and you walk into a business place and they have a license or permit from the Borough. Does anybody in Jermyn have that? Issued by the Borough of Jermyn. Mr. Chase said its not in the zoning, it needs to be amended.

Mr. Kulick said this town has a right to know what is going on. Mr. Chase said it should be established through zoning because that is what it is under, it’s a one-time fee. It shouldn’t be something that is every year, or possibly increased like what we went through with the rental properties, it was a $10 and now it is $40. Lou DeMarco said you guys may not up it but it leaves other members of council in the Borough to do it. Mr. Kulick said its not the $25.00, how many businesses are in town, we aren’t going to generate a million dollars in revenue. Somebody shouldn’t just be able to walk into town and hang up a shingle and be in business, it shouldn’t happen like that. Whether it requires to change the zoning then change the zoning. It’s not the $25.00. Mrs. Wilson asked if beauty shop is considered a business? Mr. Markey said I would say so, its different from Ray’s. Ray has customers come into his business so does the beauty shop but the beauty shop also has chemicals and dyes that when the police and fire dept. go in there, they kind of need to know what they are dealing with. Lou DeMarco asked how we are going to identify all these businesses to register them, the honor system? Mr. Napoli said we thought that is what would be achieved by the $25.00 fee, basically yes, the honor system.

Shade Tree Ordinance: Amending L1.  Upon notice to the Landowner by the Borough and/or its designee, the Landowner shall trim, remove, or otherwise maintain trees or other vegetation within thirty (30) days of said notice.

L2.  If the Landowner does not comply with Section L1 herein, the Borough, DPW, and/or its designee may complete the required and/or recommended trimming, removal and/or maintenance, the cost of which will be charged to the Landowner at the rate of $100 per hour.

Mr. Kulick said if there is a problem with trees or vegetation on your property and you are instructed to fix it, you have 30 days to fix it. You can hire your own person, if you don’t do it, we will do it and will charge you for it.

A motion was made by Mrs. Wilson to accept and advertise the amended Section L1 AND L2 shade tree ordinance #5-03 as amended, seconded by Mrs. Dougherty. All in favor; motion carried.

Mrs. Wilson asked about Section A. is wrong on this one. It should be 7 members. That was the original then we amended the next ordinance.

Recycling Ordinance:A motion was made by Mrs. Dougherty and seconded by Mrs. Wilson to pass ordinance 7-18 Recycling Ordinance. All in favor; motion carried.

Fee Requirements Zoning hearing – If you file an appeal for the zoning board it is $500 plus costs and if you have to file with the court of common pleas, you do not pay for the Borough’s legal fees.

Grants: We have the grants coming up, one for the truck and one for the sewer. We have to pay for it first and then get reimbursed. We are looking at various ways. Mr. Kulick said the easiest way is a revenue anticipation loan. We go to the bank and say we have this grant and we need the money and we pay them pay back within 60 days or whenever it is. Its not a loan so we don’t go through the state.

Summer Gym Attendant: Mr. Kulick said last year in the budget we included for this year some funds to hire a college, preferably college or it could be high school kid to man the gym. We want to hire someone that can be creative and do some crafts and help the kids. We give preference to Jermyn resident. Mrs. Wilson asked if it was 5 hrs. a day. Mr. Kulick said he would have to look it up.

Garbage fee violators: Those who have not paid have been given notice, if your garbage isn’t picked up tomorrow that means you didn’t pay your garbage bill.

New Business:Mrs. Wilson said we now have Vonage for our main telephone in the office, she doesn’t see any advantage over Adam’s. The police dept. has Adam’s. Mrs. Wilson said she would really like to go back to Adam’s, maybe we can get a discount and put our phone system on Adam’s. We can have a hard copy/fax machine which we have plus the e-fax. Mrs. Wilson said she thinks we get more services from Adam’s than we do Vonage. Mr. Markey asked what services we get from Adams that we do not get from Vonage. Mrs. Wilson said when we have a problem they are here much faster and the police dept. hasn’t had any problems with faxes or phones. We can possibly get a discount. Does the fire dept. use Adam’s in any way? Mr. Napoli asked if we are having issued with Vonage? Mrs. Wilson said she thinks it’s a horrible system, the phone in the Lions/Legion Room doesn’t work, a lot of times if you don’t have your cell phone you can’t call out and that phone you can locally call out on. The tax collector she’s there, that phone is usable. Ray Rood said when the office calls me and I answer and he tries to call back at that number it doesn’t work. Mrs. Wilson said you can not call back on that number. Mr. Napoli asked if we are having problems with the fax. The Borough secretary said only last year when someone needed to fax in an emergency they couldn’t fax, other than that no. Mrs. Wilson said she likes Adam’s. Maybe if they cooperate with us we can get a reduced price. Mr. Markey said I think we switched because we were saving money. Mr. Napoli thought it was a significant amount we were saving. The police switched over to Adams. Mrs. Dougherty asked why the police changed. Chief Arthur said because there were issues with our fax. Mrs. Wilson said she thinks having it with one and trying to get a reduced rate would be feasible.

Mrs. Wilson said before Cara came we did have a multiple screen and since been moved over to the police dept. and she knows why and that is fine. It is terrific right where it is. She’s in this building by herself the majority of the time, if its not a lot of money, she should have a split screen that she can see who is coming in the front door and the side door because she is here by herself. At least she can get up and lock the door. Mrs. Stephens said it is a big building. Mrs. Wilson said she doesn’t know how much it would cost or if there is a problem running a wire from the main box to the office. Mrs. Wilson said she thinks it is a safety problem. Mrs. Dougherty asked what screen you are talking about. Mrs. Wilson said the security monitors. Mr. Markey said if your interested in her safety maybe we should replace the Borough office door with one of the clear glass ones like we got for the front and side doors, then she will be able to see anyone who is coming. Mrs. Wilson said being in the office alone all day. Mr. Markey said where the monitor was at when Debbie was in there she wasn’t able to see anything unless she was directly looking at it the whole time. Mrs. Wilson said she was able to see it when she was in there. It was on top of the cabinet. Mr. Markey said you can’t be looking at your computer your looking at the side all day. Mrs. Wilson said it flashes. Chief Arthur said he thinks the old wire is still over there, you probably just need a monitor.

Mr. Markey said he received a complaint today about the timing on the traffic lights at the intersection. They told him they were coming down Washington at the light going towards town, they were stopped there at that light and then they got the green and as soon as they got the green there was a truck coming down from rt 107 getting ready to go up to rt6. His light turned red instantly and he didn’t have time to stop and blew through the red light. This person said if they went when they light turned green they would have got hit. They said the truck was not speeding. The light going from north and south on 107, it is red way to long. Mr. Markey asked Chief Arthur if there issues with timing. Chief Arthur said he has not noticed it himself. Mayor said that whole intersection is on us, even the timing. We would have to get someone who knows what they are doing to do the timing but that is all ours.

Mr. Kulick said he believes we are in a position to ready to submit the grant for the gym floor. Mrs. Dougherty said she wants to have Dennis tell her he’s comfortable with this quote, his only concern was knowing they are COSTARS he doesn’t feel like they would have any fees associated with the project. He wasn’t comfortable with it not addressing the increase in the floor height. Mr. Markey asked when the deadline is. Mrs. Dougherty said May 30.

Mr. Kulick said the finance committee with the departure of Mr. Smith, he is going to appoint himself to that committee and he will chair that committee.

Mr. Kulick said there will be detailed story in the paper tomorrow regarding the rushbrook creek project. He spoke with the reporter today. As he mentioned to the Commissioners last night, asking for their help he isn’t sure what they can do. They suggested to call a meeting with Senator Blake. We have had lots of meetings. We have some detailed letter here. Mrs. Dougherty said that was the letter they had to have in by March. Mr. Kulick said which means to me like we need a bunch of more stuff. The best case scenario, the last time they talked about it was 2021-2022. Mr. Kulick said its his view that it may be time to try and force the hand of somebody to do something different, we can not wait for this project and by the time it happens we will not be able to afford to pay for it, grants aside. We have the $385,000 in grants and Senator Blake has publicly stated that he would help get funds to pay for whatever else the Borough has to come up with. It also means that we have an ongoing obligation going forward to maintain that, $15,000 a year deal. Mr. Napoli said the $385,000 that was put aside for us, the cost to do that by 2022 would cost over $650,000 instead of $385,000. Mr. Kulick said when and if the Commissioners call that meeting he is going to ask some people to come along and he would like to see them look at some other alternatives.

Mr. Kulick said go and clean everything on top up. Do we need to incur all these costs and do we need to sit another 5 years with the situation with the way it is and there is no guarantee it will be done in 2022. He is almost willing to bet it won’t, it will go on forever. The next 100-year flood will be here. He thinks we need to look at something be done at the upper end. He wants the solicitor to look into us backing out of our sponsorship agreement. Ray Rood said a lot of the problem is the upper end, it needs to be cut and cleaned.

Mr. Kulick said he thinks its time we look at other alternatives. You drive up going towards Heart Lake, just look at it. You look at that creek, its terrible. Mayor said you have to remember, once this project goes through it is going to protect us from a 100 year flood event but if we get a 150 flood event, we are back in the same boat. When he was still on council, he asked that question and they said there is no guarantee even with a 100 year event. Everyone is going to get a false sense of security. Years ago one of the options DEP came up with was a dry dam at the site of where the old dam was up there. A lot of people didn’t like that idea because of the maintenance aspect of it. As this progressed more, what you have to understand is if they do this project, the maintenance is going to be ten times worse here than it would have ever been up there. Mr. Markey said and it all falls on us. Mayor said when they put that trash rack up by the tan bridge, we are going to be responsible for that. Every highwater event we have, that trees, sheds etc. flows down is going to block that and the concern he is when that happens is it going to cause more flooding, we do not know. The dry dam scenario would probably be a better scenario for us. Mayor said he doesn’t see concrete walls being the answer, unless they do something up there. Mr. Napoli said when r. Kulick stood up and spoke with the Commissioners, Gary Cavill stood up at the podium and Commissioner O’malley asked what the holdup is on this process and he gave two reasons, DEP and Jermyn still has to acquire easements. Mr. Napoli said he asked the gentleman from DEP to his face is Jermyn holding this up in any way shape or form and he said no. The County said no. They both told us it was the Army Corp of Engineers getting back to DEP holding this up. Mr. Napoli said what makes him upset is that he really doesn’t think any one is talking to anyone.

Mr. Kulick said as far as the financial part of this, its nice that Senator Blake stood up and said he would help us get whatever money we need, by the time this starts he probably wont even be the Senator.

Mr. Napoli made a motion to adjourn the meeting at 9:15pm, seconded by Mrs. Wilson. All in favor; motion carried.

Minutes 3-15-18

Jermyn Borough

Council Minutes

March 15, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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




Minutes 3-1-18

Minutes 3-1-18

Jermyn Borough

Council Minutes

March 1, 2018

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

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

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

Public Comment:Katelyn English- Lackawanna County Community Relations Coordinator

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

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

Regional Planning Commission

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New Business:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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




Minutes 2-15-18

Minutes 2-15-18

Jermyn Borough

Council Minutes

February 15, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



Minutes 2-1-18

Minutes 2-1-18


Jermyn Borough

Council Minutes

February 1, 2018

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


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

Public Comment:Katelyn English- Lackawanna County Community Relations Coordinator

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

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

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

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

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

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

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

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

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

Berkheimer Resolutions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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