BOROUGH OF CLARKS SUMMIT
REGULAR COUNCIL MEETING
WEDNESDAY, March 3, 2010
Page 1 of 7
The regular March Meeting of Borough Council was conducted on Wednesday, March 3, 2010 7:00 P.M. The Meeting was held in Borough Council Chambers, 2nd Floor, 304 South State Street, Borough of Clarks Summit, County of Lackawanna and Commonwealth of Pennsylvania. Council members in attendance were President Gerrie Carey, Vice President Roy Davis, Mrs. Kathy Drake, Mrs. Barbara Evans, Mrs. Barbara Grabfelder, Mr. Herman Johnson, Mr. Patrick Williams, and Mayor Harry Kelly. Also attending were Borough Manager/Secretary, Virginia Kehoe and Solicitor Patrick Rogan. Chief Louis Vitale arrived at 7:03PM. There being a quorum present the Meeting was called to order by Council President, followed by a brief period of self-directed meditation and then the Pledge of Allegiance led by Mayor Harry Kelly.
EIT COUNTYWIDE COLLECTION UPDATE:
Jim Burke was in attendance to give Council an update on the EIT Countywide Collection. A budget committee has been formed of which Mr. Burke is a member. There is a proposed $25,000 initial operating budget has been ratified. Each Borough, Municipality, school district has been assessed pro rata based on their weighted vote. They had approved $317.50 initially based on the total district weighted vote. There is going to be a slight adjustment to that. The new dollar amount is going to be $14.36 more because it’s going to be based on the district proportional EIT revenue not the actual population. The committee is also applying for a $5,000 grant through the DCED shared municipal grant program which will hopefully defer some of the cost of the actual operating expense. The by-laws committee has been formed. A draft of the by-laws has been circulated. The primary issue with the by-laws is going to be how the votes within the group are going to be taken. The question is if it will be a weighted vote or by the revenue generated by the Borough or municipality or is it going to be a one entity, one vote type of situation. He thinks this will be a matter of some debate. An RFP for the committee solicitor has been accepted. Interviews are in process. A RFP for the actual tax collector is being drafted and will also be discussed at the meeting tomorrow at 7PM at the SouthAbingtonTownship building. ACT 32 specified the specifics for the formation of the committee but doesn’t address actual operations and how the committees are going to conduct themselves going forward. It leaves the governance of each committee up to the individual County committee. There can be 69 different entities doing it 69 different ways. Barbara Grabfelder said it seems as though they are moving forward with business but the representation issue has not been settled. What happens if it’s not settled? Mr. Burke said the rules would be changed and they’d start again. Barbara Grabfelder asked if there was sympathy with the legislators? Mr. Burke said he has not heard specifically. Virginia said the one meeting she attended to cover for Mr. Burke, Representative Ken Smith was there. He seemed very sympathetic. He said when he voted for ACT 32, he thought it was a win – win for everyone now he’s realizing there are some limitations to it. He’s more than willing to look into some kind of amendment. Mr. Williams asked Mr. Burke if he read Mayor Chelik’s email. Mr. Burke said yes and his attendance at that meeting will depend on Council’s wishes. His thought is that if you are not there, you don’t have a voice in the process. Patrick Williams asked if he knew how many municipalities would boycott. Mr. Burke said it’s just a feeling but he’s speculating it will be a good amount. Barbara Evans said she is happy he is attending. President Carey thanked Mr. Burke for his update.
WIRELESSMUNICIPALNETWORKFORLACKAWANNACOUNTY:
Barbara Evans made a motion to authorize Council President to sign a letter of support. Herman Johnson seconded the motion.
Bill Risse gave Council some background on this technology proposal. This communications platform was developed by local government partners in a county in Maryland over a period of ten years. When they had something that had been critically evaluated by state and federal officials and something that is truly valuable and money saving for local municipalities, the city, county , school board and the library they decided to create a technology transfer corporation called Connects so they can market this communications technology. They were successful in duplicating that project in JohnstownPA as well as other areas outside the Commonwealth. Currently, they are finalizing plans to put this system in AlleghenyCountyPA by virtue of broadband stimulus grant money available. Lackawanna County Commissioners are applying for grant funding. The biggest impact will be on public safety where new levels of protection will be available between theCommunication center, area police, and fire. There is also a powerful money saving component.
Jeff Mando, Director of IT for LackawannaCounty was in attendance on behalf of the Lackawanna County Commissioners. They are applying for a federal stimulus grant that will give them the funding to go forward with a wireless municipal network. This network will cover all of LackawannaCounty. It would create a wireless network which can reduce the cost of the high cost data lines that businesses, schools, and colleges spend every day. On top of that, create revenue for LackawannaCounty. Mr. Mando says he thinks it’s a wonderful thing for the taxpayers of LackawannaCounty and for area businesses with the financial situation we’re in. They are asking for a letter of support to submit with the grant application requirements to give them a better opportunity to get this.
Herman Johnson asked how much the grant is for. Mr. Mando said it is six million dollars total.
Mr. Risse said along with moneysaving, there are also new capabilities that the Borough would have. He gave an example of having live video coming from a police car as that officer is making a traffic stop that is being seen simultaneously here in the Borough building, at the police chief’s home, at Council people homes, and at the Communication center. That officer would not be out there alone. If they were to respond to an incident where there are existing security cameras, that officer would be able to see what’s going on inside that building before they attempt to enter it.
President Carey asked if there have been to any other municipality. Mr. Mando said they are going to multiple Boroughs, multiple townships, hospitals, and school districts.
Mr. Risse said they are on South Abington’s agenda and Dunmore’s agenda.
Barbara Grabfelder asked if this could replace our current internet provider. Mr. Mando said yes. Mrs. Grabfelder asked about a timeframe. Mr. Mando said the grant needs to be in by the end of March. They should hear something by September. It would take one year for the development to occur. Possibly September 2011 they could go live.
The motion carried 7-0.
APPROVAL OF AGENDA:
Kathy Drake made a motion to approve the agenda. Herman Johnson seconded the motion. The motion carried 7-0.
APPROVAL OF MINUTES
January 26, 2010Special Council Meeting: Barbara Grabfelder made a motion to approve the minutes for January 26th. Barbara Evans seconded the motion and it carried 7-0.
February3, 2010 Regular Council Meeting: Kathy Drake made a motion to approve the minutes for February 3rd. Barbara Evans seconded the motion and it carried 7-0.
PUBLIC COMMENT & INPUT:
George Hill, 326 Greenwood Avenue, addressed Council about two issues. He says the garbage guys are not doing their job. There are cans left in the middle of the road and he talked to them about it. He has spoken to Virginia about thisin the past and it has improved, but then it starts again. He drives a school bus. He has to go around the cans. He did not have trash pickup this week because of the snow. His neighbor’s trash was picked up because it was on top of the snow. Virginia said she will write a letter to J.P. Mascaro. President Carey said they can be penalized for so many documented instances. Mr. Hill said we are paying them a million dollars more and we have to do their work for them with separating the recyclables. Virginia said it costs less to have alternating weeks for recycling. J.P. Mascaro, by alternating weeks, was able to give us a lesser expensive price because it’s more efficient for the hauler. The cost is more that is was previously because it’s now five years later and a new contract. Prices go up. Patrick Williams said residents still are not sure what they can and can’t do such as we can recycle cereal boxes now. He thanks residents for recycling. Mr. Williams asked Virginia to call Sam Augustine, our salesman and mention to him about the cans and also a recycling calendar for the residents. He’d like J.P. Mascaro to pay for the postage. Barbara Grabfelder said it is on our website. Virginia wants to point more people to our website. She said Lori keeps it up to date. She encourages people to make suggestions if they’d like to see any additional information on the site.
Mr. Hill received his tax bill in the mail. He received at $54 debt service tax. He didn’t have anything to do with this closing of the road and he feels that insurance should pay. President Carey explained there wasn’t an errors and omissions case. It was a taking by closing the road in which the judge ordered done. This was closed for safety reasons but there were still damages. He asked if everyone was paying the same and for ten years. President Carey said they are optimistic it will be paid off sooner. Virginia said the debt service tax is based on the assessment. The more valuable the home, the higher you are paying. Mr. Hill said he does not intend on paying that. President Carey said we are a community. Mr. Hill said we are taking his livelihood away from him. He said we dropped the suit on the solicitor. President Carey said we did on Solicitor Rogan’s recommendation. Mr. Hill thanked Council for letting him speak. President Carey said Council appreciates him coming.
Raymond Davis, 411 Davis Street, had a couple items to go over. He said in regard to the DPW, after the snow on Thursday and Friday the road were in poor condition on Friday in the Borough. He said on the weekend, he thought the DPW did a fabulous job cleaning up the Borough. He said the Borough and the DPW are to be commended for that. Raymond Davis said as far as the police go, the cleaning of the sidewalks is not being done again after snowfall. He said on Saturday, Talbot’s whole section of sidewalk was completely blocked. The TennantBuilding on the Depot Street side, the sidewalk was not touched at all. Pets Mart, at the end of Ralph’s Barber Shop, there was a ten foot section there that was completely blocked.
Raymond Davis said he has a suggestion for Council in response to Mr. Hill. They should have put a flyer in that bill to explain to all your taxpayers what that additional item was. They can’t assume everyone reads the newspaper. President Carey said that is a good idea.
Raymond Davis said he sent some emails to Council regarding the status on the legal malpractice law suit. He strongly disagrees with Mr. Rogan. Mr. Rogan said he thought it was the prudent course. Raymond Davis said he doesn’t like to get stonewalled when he hears someone say on the advice from the Solicitor we have been told not to answer any of your questions. He says they are obligated to inform the public. They got a legal opinion and had to pay $700 to get it formally written as to the merits of this law suit. The person they went to originally is highly regarded in the area of legal ethics. It would be remiss on your part not to follow through on that.
Patrick Rogan said as far as suing the Borough, the Borough is not comfortable in discussing the merits of the case. Mr. Rogan said he sent an email to Raymond Davis. Mr. Rogan said as far as having legal opinion that there was malpractice, that just isn’t the case. There were four or five law firms approached for a legal opinion of which two did not want to address it. One determined it was a case they didn’t want to pursue. The request for an opinion was dismissed before he became solicitor by the former solicitor. Mr. Rogan said when you talk about suing people, particularly professional or business people, you have to exercise caution. He will talk personally with Raymond Davis or anyone else who wants to talk about it and go over the details they believe they have and the details Mr. Rogan believes he has. They don’t want to hide anything but in caution they want to be careful about who they are talking about suing. Mr. Rogan said he did file the paperwork for the discontinuance. Raymond Davis said he cautioned Council in these emails. He did not feel as though the discontinuance was a good thing to do because we cannot go back and re-file that with the Statute of Limitations. Raymond Davis asked Pat Rogan to re-send the email and he will contact him.
There were eight students in attendance from Scranton Prep whose assignment was to go to our Council meeting to see how our municipality government works. Herman Johnson asked the students to introduce themselves in which they did.
BIDS AND QUOTATIONS: None
BOROUGH TREASURER’S REPORT:
Herman Johnson made a motion to approve the Borough Treasurer’s Report. Roy Davis seconded the motion and it carried 7-0.
COMMITTEE REPORTS:
Committee priorities: Virginia reminded President Carey that she asked the committees to meet in advance of the March meeting and try to prioritize what they want to accomplish for the year.
Herman Johnson gave a report for the safety committee. They were asked to check into the brake situation on the Morgan Highway. He didn’t meet with the Chief because his family had health issues. He did go there on two different occasions and he didn’t see a problem. It could be because the days he was there the roads were a little wet and there wasn’t a lot of tractor and trailer traffic. There was only this one complaint. He thinks we should put this on the backburner. Barbara Grabfelder asked if he met with the gentleman. She doesn’t want him to feel slighted. Mr. Johnson said he will call him tomorrow. Patrick Williams asked the Chief his thoughts on it. Chief Vitale said there are more dump trucks in the summer. Patrick Rogan lives in the first unit and he said he doesn’t hear anything. President Carey and Herman Johnson both said it may be an isolated case. Herman Johnson said he’ll take the Chief’s recommendation and check back in the spring. Virginia said she’ll put a reminder on the calendar for mid May to go back and do another study.
Barbara Grabfelder said she has a concern when Shady Lane Road is closed and the traffic coming down Grove Street. Herman Johnson said they are resurfacing under the tunnel. Chief Vitale said it’s a year away if they even do the project and he would suggest talking to Penn Dot.
Barbara Grabfelder said the personnel committee met and they will have contract negotiations with the Chief of Police, Borough Manger, and DPW supervisor. They want to formulate an organizational chart of responsibilities. Patrick Williams asked what that was. Barbara Grabfelder said who reports to whom. Who has authority? Barbara Evans asked if they were going to add job descriptions. Barbara Grabfelder said they will try to incorporate that but she doesn’t know if all that will fit.
Patrick Williams said the planning committee met and they are in a preventative maintenance mode meaning they are trying to preserve what we have. They may consider a comprehensive plan for the Borough building and the SeniorCenter. There is a concern with the heating system in the Borough building. Mr. Williams mentioned replacing some benches at the parks. South Abington has nice benches compared to what we have. He is hoping to have help from Judge Barasse’s office and Tom Lavelle. He wants to maintain what we have.
Barbara Evans said she has not met with the grant committee. They have a couple grants coming due in March. She thinks they need to see where they go from there.
Planning Commission – Schiavi Minor Subdivision
Patrick Williams made a motion to table this until the conditions are met. Barbara Grabfelder seconded the motion.
Virginia explained the Sam Schiavi owns the property with TLC Nail Salon. That property consists of three separate parcels. His long term plans include putting an addition on the building. He has to meet setbacks. In order to do that he needs to merge the properties into one. The Planning Commission reviewed his plans. The one concern is that the middle parcel used to be a paper road. Our sewer line runs down the middle of it. Mr. Schiavi agreed to add wording in the deed to allow right of way access to the Borough for access of the sewer line giving us ten feet on the downhill side of it and five feet on the uphill side of it. The Planning Commission and the Borough Engineer both agreed that is adequate room for us to get in there and access the pipes. By merging the three parcels, it guarantees it won’t be subdivided in the future. It gives him flexibility and helps us with control of the community. The recommendation has come through from the Planning Commission with two conditions. One was that they add the parcel number on the plot plan. Secondly, that they include the right of way on the deed. They have not received the final deed for review. Mr. Schiavi is asking Council to approve this subdivision. Patrick Williams clarified that there will be no building over the sewer line. Virginia said that is correct. He is planning on using pervious surface. Herman Johnson asked why we are voting and not waiting until he meets these requirements. Virginia said there is no representative in attendance for Mr. Schiavi and Mr. Schiavi is out of town. The motion carried 7-0. Virginia said we will readdress this at April’s meeting.