Council Minutes – July 11 2013

UNOFFICAL UNTIL August 8, 2013

Jermyn Borough Council met on Thursday, July 11, 2013 at 7:00 p.m. On roll call the following members were present: W.Estile, J.Allan, J.Smith, A.J.Fuga, B.Parks and K.Hosie. Attorney Nicholls and Mayor Smallacombe were in attendance. J.Mark was absent.

At this time Mayor Smallacombe asked for a moment of silence for former Councilman Mike Collins.

MINUTES – A motion was made by A.J.Fuga, seconded by J.Smith to accept the minutes of June 13, 2013. All members were in favor.

FINANCIAL REPORT – J.Smith presented the financial report:

Beginning Balance: $351,145.10
Deposits $72,606.23
Expenses $68,959.35
Ending Balance $354,791.98

A motion was made by B.Parks, seconded by A.J.Fuga to accept the financial report, all members were in favor.

MAYOR – Mayor Smallacombe reported that the Chief is doing an excellent job. There have been 4,666 incidents this year, $2,269.00 in Magistrate fees. The Chief obtained a buckle up grant and it was a success. The police assisted in checking the Rushbrook Creek during the heavy rains. They are doing a great job with the Enradd System and have served warrants. He receives many compliments about our police department.

The Mayor said he received a request from a MR. Lescinsky, 308-310 Bacon Street asking for parking privileges as he is handicapped and it is difficult during alternate parking. Also if the ditch in front of his home could be repaired.

The Farmers Market is in town, the Historical Society will be having a bus trip to the Rockefeller Estate on August 10. The Events Committee will be having a Concert in the Park on July 28 and their annual picnic September 8 at Aylesworth.

The Mayor also commended the fire companies on the great job with the fallen trees during the last storm.

FIRE CHIEF –Chief Rood said there will be an EVOC class this Saturday for fireman. There will also be a Meth-Ed Class and Chief Arthur wishes for some of his officers to attend. The police helped during the storm checking the creek on the midnight shift. He is unsure if the concrete steps that were in the creek have been removed. He has concerns about all the shrubbery on the bank, if it washes down there could be problems. Can it be cut down? Mr. Parks asked if Attorney Nicholls could write a letter to the Carbondale Township explaining the situation. Mr. Fuga said that he will speak to P.Kawash he works for DEP to see if they could assist us.

Chief Rood asked Attorney Nicholls if he looked into the ordinance for the cleanup of fire damaged buildings. Attorney Nicholls said he will have it at the next work session.

PUBLIC INPUT – Michelle with Lackawanna County reported the county will have their movie nights on July11, July 18, July25 and August1. A copy of the County Community Re-Invest Program is in the packet and Arts On the Square 7-27, noon to 8p.m.

Andy Whitiak, 512 Garfield Avenue addressed Council:

1. He left fliers for the Rolling Thunder it will be on Sunday July 21.

2. He said the abutment on the Bank side of the creek is leaning.

3. He would like to meet with the Mayor and Chief Arthur concerning the speed enforcement on the ramp. He explained that it is affecting his business with the police presence and they are afraid to come to the Windsor, with presence of police cars. He used to get 40 employees from T & D Power and now he gets zero. He asked that common sense be used. He also commented about officers pulling cars over in his parking lot, once is too much, and sometimes it is 2 or 3 times a night. People are saying don’t drink in Jermyn. A meeting was set up with Mr. Whitiak, Chief Arthur and Mayor Smallacombe for Wednesday, July 17 at 6:00 p.m.

Mr. Smith said he appreciated the way Mr. Whiitak addressed the issue and they will sit down and see if anything can be done.

Mr. Whitiak said something about the use of the gavel and President Hosie said if she had been here she would have used it. Mr. Parks said he wants to let people speak.

A gentleman (Floyd) said he is interested in purchasing a property on Washington Avenue to open a gun shop. He said he spoke to Bob Chase and that he could open a gun shop. He asked council if he could have something in writing to that effect. Attorney Nicholls said council does not get involved in zoning. He said Mr. Chase is the first step in process although a use variance could be necessary.

FINANCIAL – A motion was made by A.J.Fuga, seconded by B.Parks to approve invoices in the amount of $3,779.73. All members were in favor.

PUBLIC WORKS – B.Parks asked T.Grizzanti if KBA has checked the paint line at the Suey residence? Mr.Grizzanti said he was not sure but will ask. Mr. Smith asked if the DPW has checked, Mr. Parks said yes. Mr. Fuga said that Rockbottom will start the Bridge Street project the first week of August.


1. Mr. Fuga said that Chief Arthur would like to hire another part time officer. John Binner, 110 Moon Road he has 13 years of experience. A motion was made by A.J.Fuga seconded by J.Smith to hire John Binner as a part time officer with the training pay of $10.50 per hour. All members were in favor.

2. Mr. Fuga said we can paint crosswalks on Washington Avenue that are ADA. Such as Washington and Franklin and Washington and Rushbrook. Mr.Fuga asked that we have a contractor do the work. K.Hosie asked that quotes be obtained. B.Parks said he will look into it.

3. Mr. Fuga asked if the Rails to Trails is up to Bridge Street. Mr. Parks said no, they are doing it in phases, they stopped at Delaware Street.

4. Mr. Fuga said he got an estimated price for the sale of the Ford Explorer. With the condition of the vehicle around $8,000.00.

A motion was made by A.J.Fuga seconded by J.Smith to put the Ford Explorer cruiser out for bid. Attorney Nicholls will place the ad in the paper. All members were in favor.

Mr. Fuga asked for an executive session.


Dunmore Roofing – Base bid – $80,700
Alternate – $12,300
E & R Roofing – Base Bid – $73,950
Alternate – $16,500
Eastern Roofing – Base Bid – $48,300
Alternate – $17,900
Olivetti – Base Bid -$67,500
Alternate – $11,000

The bids were given to T.Grizzanti for review and awarded at next meeting.

ELECTRONIC RECYCLING – A motion was made to have an electronic recycling drop off on August 9 by B.Parks, seconded by A.J.Fuga. All members were in favor. In the future he hopes to have one in March and one in November.

RE-INVEST COUNTY GRANT – D.Morcom explained that the county has a grant open and Mr. Kelly of Lackawanna County Development has asked that we apply for $20,000.00 for easements, attorney fees etc., soft costs for the Rushbrook Creek Project. K. Hosie asked if we could also apply for the paving of the 400 and 700 block of Jefferson Avenue. Mr. Parks said that Dennis Kutch suggested we apply for monies to be paid on the loan for Bridge Street. J.Smith suggested that we discuss all options at our next work session.

T.Grizzanti addressed the sewer problem at the home of Ray Rood, 403 Bacon Street.

He said there are options:

1. The option we have already received prices on running a sewer line down R.Roods’ driveway.

2. He presented a drawing with a yellow or blue option: The yellow and blue option would correct the whole problem

3. Yellow Option- 8” line from yellow to man hole in ball field approx. $10,000.00

4. Blue and Yellow- $26,000.00

He explained doing the yellow option would only fix Mr. Roods problem and there would not be enough flow.

Mr. Rood said he would have to give a 10 foot right of way and asked that the line, hug the property line, in case he ever put up a garage.

Mr. Rood also stated that the neighbors’ deeds on Lincoln read “Lincoln to alleyway”, this is not in his deed. Attorney Nicholls will pull the deeds and see exactly what the deeds read.

A motion was made by A.J.Fuga seconded by J. Smith to put both options out to bid with a base and an alternate for the sewer problem at 403 Bacon Street. All members were in favor.

ACTING CHIEF WILLIAM ARTHUR – A motion was made by A.J.Fuga to re-instate William Arthur as Acting Chief until the next meeting or if Chief Zellers returns. All members were in favor.

ACT 32 REPRESENTATIVE AND ALTERNATE – Mrs. Hosie reminded council that as of September she will no longer be attending the Act 13 meetings and a new representative is needed.


A motion was made by b.Parks, seconded by W.Estile to pass the ordinance making portions of the northerly side of Rushbrook Street no parking (copy of ordinance available at borough office). All members were in favor.


A motion was made by J.Smith seconded by A.J. Fuga to pass the ordinance making the speed limit on Bonnie Drive 25 miles per hour. All members were in favor.

RAILROAD LEASE– Attorney Nicholls recommended we go over the issue at the work session as it is lengthy.

Council went into executive session, council re-convened from executive session.

The Mayor went on record opposing the hiring process set forth tonight, he said it was bad precedent. Mr. Fuga said the safety committee did not want to micro-manage.

Mr. Smith agreed with Mr. Fuga, they respect Chief Arthur’s opinion and there is no reason to micro–manage.

Mayor Smallacombe said we should continue to interview.

They addressed the parking issue of Mr. Lescinsky, the Mayor suggested a handicapped parking sign but Chief Arthur said he does not want one.

R.Rood asked in doing the sewer project at his home that an independent inspector be brought in.

J. Smith said there is a section of pavement on Old Mill Road that is washed out and a 15” drop off. Mr. Parks will look at it.

A motion was made to adjourn by A.J.Fuga, seconded by J.Allan . All members were in favor.

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