At the June 2nd meeting of the Montrose Borough Council, the initial agenda was fairly brief. Throughout the meeting, however, various items of note were discussed in more detail- including the potential plans for a new health center, and zoning questions.

During Mr. DiPhilips report, he related information from a PA one call course- which he stated was pretty informative. He hadn’t realized that any person could make the call any time the sod was broken at all. Mr. Lamont, though, said that he thought if a person dug by hand he or she didn’t need to make the call. Ms. Skinner spoke about depth, saying that even if a person dug to put a mailbox in she needed to call. Mr. Lamont said a person could call, but didn’t have to call as a contractor if it was hand dug. He thought, though, that if there was a question the resident should call. He also said that the call didn’t absolve one from liability.

Ms. Skinner asked if they were going to put any additional drains on Wilson Street. Mr. DiPhillips responded that his plan was to replace the basins themselves, as they were compromised. He was waiting for supplies, however.

Ms. Skinner said that there were five drains in the first quarter of that block, but in the second two thirds there were no drains. Mr. DiPhillips replied that there were two on the right side, between Lincoln and Park streets. Ms. Skinner maintained that the residents of that road needed some drains, as the road was crowned to combat the problem. She didn’t think it was right that part of the road had five drains, but other parts had fewer. Mr. DiPhillips said he would speak with her, and agreed that there was a large crown. The paving bids were ready, Mr. DiPhillips confirmed. Mr. Reimel said that he wanted to go on record that when they were making up the calendar for 2015, he wanted the bids to go out the beginning of May. Mr. Lamont opined that they needed to make a borough calendar for various things, and that they ought to sit down and brainstorm.

Mr. Reimel said that Mr. DiPhillips and the street crew had been a big help in getting the skateboard park ready for the season. Just so council was aware, he continued, the Lions had ordered a new 2 foot ramp which might be less intimidating for less experienced riders, and the street department was to put in a rail as well. He asserted that they were heading towards a real skate park.

There was some discussion regarding zoning. Mr. Reimel said it was a work in progress, but thought it was great. Ms. Skinner commended the borough secretary as well.

During the police report, Chief Smith related that things were going pretty well. The only need he noted was an officer’s vest having reached the five year limit, leading to a need for a new vest. There had been some discussion regarding safety in the face of a recent vehicular incident involving a police officer. Mr. Lamont asked if the police force was still sending a detail out to some of the funerals of other officers, stating that if they weren’t they ought to be. Chief Smith responded that they still tried to do so.

Mr. Chamberlain made a suggestion regarding officers at the Chocolate and Wine Fest. There had been two officers on foot until 7:30 pm that evening. Mr. Chamberlain said that they needed to extend that coverage until at least eight or eight-thirty. Just because it was winding down, he said, didn’t mean it was over. That was when some of the problems occurred, he related. Chief Smith pointed out that event kept getting bigger and bigger each year. Mr. Lamont quipped that chocolate was a big thing.

Mr. Lamont also asked about Memorial Day coverage. Again there had been two officers. Mr. Lamont felt there should be another officer present. Chief Smith concurred that normally they had three on duty for the event, but they were one shy this year.

A motion was made and seconded to pay the mayor, the council, and the treasurer. A motion was also made to move $24,881.10 from Stone House to the Police Pension fund. That also passed.

A document had been received which would have given permission to Lifeline representatives to give away free phones in the city of Montrose. It was a government funded program which gave mobile phone service for people in need, and was regulated by the PUC. It was stated that they were to go to a location and give them a way, not go door to door. Council said that they would still prefer the representatives to stop by and show a license and indemnification so that council knew who was on the ground.

Joe Hunt spoke, saying that they had the Montrose Publishing Building under agreement of sale. He wanted to come to the borough and kind of outline their thoughts for using it as a multiple occupancy building. In that district a multiple occupancy building as a rental was a conditional use, so he wanted to let council know that they planned to come in seeking that status. As of that point they were seeking letters of intent from potential renters. They were also proposing some renovations to the building, including some exterior facade renovation on the south parking lot side, accessible entry through the basement, and work to bring the inside up to code. They also wished to create a central hallway connecting the two entrances on either side of the building. He had invited one of the potential occupants of the building, NEPA Community Health, to come and speak about their vision towards potential expansion into the area. Mr. Lamont asked how many renters they were considering, if there was a goal they were shooting for. Mr. Hunt responded that the spaces would be broken up into 800 to 1200 square foot areas. He felt there was a market for such spaces for small businesses with three or four employees that might not be able to afford a larger spot. Just for the record, he clarified, his company had an employee who was appointed as the zoning officer, so any matter that required action by the zoning officer would have to be deferred to prevent a conflict of interest. He had brought some conceptual renderings, which he passed around to the council and invited the audience to look at as well.

Mr. Lamont asked if the purchase included the storage barn. Mr. Hunt responded that he had a few barn wood recyclers coming to look at the structure. He hoped they could recycle and take some of that wood away to sell it. The plan was to raze that barn and turn it into usable parking.

Mr. Hunt said he had a verbal commitment from Leatherstocking, that this building would be their office space when they settled in. There were other professional type businesses and offices which might consider moving in as well.

Mary Weatherall, the chief executive officer with Northeast PA Community Health and another representative were present to give a brief introduction to their organization. She said she would try to give the Reader’s Digest version of who they were and why they were present. She said it wasn’t Obamacare and it wasn’t anything new. Their group was a program that brought health care into areas of high need. Susquehanna County was one of the more impoverished areas in the state, she said. In the beginning their group had been affiliated with Barnes Kasson, but the groups had since separated. Federally qualified health centers, she continued, brought health care into areas that were medically under served. They strove to be the health care provider of choice, rather than the last resort. The WIC program was under their umbrella. There was no OB/GYN in the area, and there were women in the eighth and ninth month who came to them with no prenatal care. Since Endless Mountains had moved out of the town, there was no health care in the town that could be walked to. There was also no health care dedicated to women and children. Their vision was full service health care that was targeted to women and children. A lot of it was dependent on grants from the federal government. Eventually they would like to put in a small birth center, she noted. Mr. Schuster said he’d had blow back on their income already. There was some growing opposition. She responded that of course there was. There was always fear when there was change. She said, however, there was no arguing a need for change. She said in the last thirty days they had two WIC clients give birth in the car on the way to the hospital. She said that they all knew what had been going on without adequate behavioral health care. That would also be in the plan. Council thanked them for speaking.

The health center would be in phase two of their company’s plan, not phase one Mr. Hunt explained. He also said there might be room for a community meeting space in there. They planned to call the building Tannery Place. Mr. Reimel quipped that this would be a huge help to him, as he had trouble keeping the Tannery and Livery parking lots straight. The interest had really perked, he continued. He said he wouldn’t be completely surprised if by this time next year the building was fully occupied with a health center in the south end.

Mr. Reimel broached the topic of the Act 13 2014 allocation of funds. All of the Act 13 money was in capitol expense. Ms. Skinner thought that to have a positive impression on the borough, they needed to keep track of when they did something. Mr. Granahan said that they didn’t do anything with money they didn’t keep track of. The Act 13 funds had to be kept separate. Ms. Skinner asked how much they had received already. Mr. Reimel didn’t think that they had received any yet as of that time for 2014.

Mr. Lamont said that they couldn’t thank the Lions enough for their work at the park. Ms. Skinner said that she felt they ought to do something official in gratitude to them.

There was a proposed ordinance regarding a Deer Management Program, that a visitor had submitted previously. The county had a deer management program, which the visitor had brought to them to see if the borough wanted to get involved in it. They would have to apply for the next year, as this year was already approved. There were steps they could take in the meantime, one of them being a proposed ordinance on banning the feeding of deer. It would still have to go through the borough’s solicitor. Mr. Granahan opined that it seemed fairly harmless, but he didn’t know how people would feel. That, however, was the purpose of an open hearing. Mr. Lamont said he didn’t know who would be the judge of feeding the deer. It was suggested that it could act as a deterrent. It was to be passed along for review.

A visitor then stood up to update them, saying that three years ago she had gone through the whole process to get approval for having her store at 344 Church Street. She had been asked to get the neighbors’ approval. She got it and was prepared, but there had been a man present who said that their zoning was outdated and they oughtn’t approve her request. She wondered if they had worked on expanding the commercial area, as had been discussed.

It was responded that they had not done so yet. She said that someone had since put in the same business as she had planned, also in a residential area. Mr. Granahan said that the other business had been sent to the zoning hearing board, and it would come before them. It was a violation. She asked what would be done. He said that council didn’t make that decision, the zoning hearing board did. He advised she and her husband to watch, as it would have to be advertised. She could ask to be an interested party so she could comment on it. As for the decision, zoning could shut them down or pursue various remedies.

Mr. Granahan explained that at the time she had first come before council, they didn’t have an ordinance allowing the ability to spot zone. Council wasn’t allowed to do it at that point, and it was pointed out in a public meeting. Unfortunately she and her husband had come in at a time when all the issues were occurring at once. Since them council had cleaned up some of the areas. They had rezoned near the hospital, from M1 to commercial. They had also eliminated their ability as a group to spot zone. She asked if they were going to look into expanding the commercial area. Mr. Granahan didn’t think it would happen anytime soon, as they had just gone through the process of updating recently.

She said that she was going to lose her parking due to the 706 project, and she didn’t have a back entrance so it was problematic. Another property had cut the curb and put new parking in. It was explained that the borough didn’t have a process for permitting driveways and that was a state issue.

Mr. Reimel told her that had the other store owner come to the borough he would have been told the same thing. A notice of violation had been issued to the man, though he would have a right to appeal.

Mr. Granahan also pointed out that the zoning hearing board attorney was separate from the borough council’s solicitor. The visitor thanked them for their time.

It was noted that what Mr. Hunt was asking for was not a change in zoning. It was simply a change of use withing existing zoning.

The subject of road conditions on Lake Avenue and Route 29 was broached; they were termed deplorable. Lake Avenue was called treacherous, and Rt. 29 north unbelievable. Mr. Granahan asked if they should draft a letter. A visitor said they had been patching.

Council went into executive session, saying there would be action. When they reconvened from executive session, Mr. Lamont announced that with deep regret they had to accept a motion to terminate John Walker from the police department. There was one no vote, made by Mr. Lamont. He said he did this to make a statement, opining that the state’s mandates were unpleasant sometimes. The mid month meeting was canceled.

In recent months the Blue Ridge School Board has taken to awarding its Students of the Month certificates at a public ceremony on the evening of its business meetings.  The idea is to allow parents to share in the event, where the awards during school hours tend to exclude the families.

So it was at the Board’s meeting on June 2nd that the school principals announced their choices for May 2014.  Only one from the Middle/High School was in attendance, what with jobs, sports events and the like.  Only a small number of the Elementary School honorees were there, but they were proud to receive their certificates as Cititzens of the Month, and happy to nosh on the cookies provided as an enticement.

Adam Collins was Mr. Nebzydoski’s choice for senior of the month.  Mr. Collins will attend Cazenovia College in the Fall.  Anja Whitehead did attend the meeting to accept her own award.  She said she would be attending East Stroudsburg University to study media and communications.

Mr. Nebzydoski also singled out 2 track & field athletes for recognition.  Javelin thrower Brett Hepler couldn’t be there, but sophomore hurdler Lindsey Rupakus did attend to receive her award from her school’s principal.

District Superintendent Robert McTiernan awarded special recognition to 2 members of the administration.  Linda Cole-Koloski has consistently been recognized for the efficiency and performance of the schools’ food service, which she directs; only a week before she received a special award from the state Department of Education for the summer food program she initiated at Blue Ridge and that has been so popular.  Ms. Cole-Koloski has been at Blue Ridge since 2004.

Food Service Manager Linda Cole-Koloski (left), with Superintendent Robert McTiernan

Kevin Price started in 2005 in the maintenance department which he now supervises.  He was recognized for spearheading the energy-management programs as well as the overall efficiency he has brought to providing a safe and clean learning environment at Blue Ridge through a difficult period of budget cuts and staff reductions.

Maintenance Supervisor Kevin Price (left), with Superintendent Robert McTiernan

One duty that Mr. Price has accepted is keeping Board member Harold Empett’s Facilities & Grounds Committee informed about the health of the district’s physical plant.  At the Committee’s meeting prior to the Board session, he presented a detailed list of the work he and his crew expect to accomplish over the summer, along with some evaluations and recommendations for some of the larger projects in prospect.

The largest of those projects is the maintenance of the roofs, of which there are several types.  Mr. Price and Mr. McTiernan have laid out a plan to replace or repair all of the roofs over 3 years, beginning with about $107,000 worth this summer.  A recent survey of the roof systems by an outside contractor resulted in some detailed recommendations that would cost a total of over $300,000.  Nonetheless, the roofs cannot be allowed to leak.  Mr. Empett said that he was even willing to go to the voters for more money to fix the roofs.  That isn’t likely to be necessary, and Mr. McTiernan even said that more than the first year’s $107,000 may be available, especially if it would help to extend a warranty in one case.

The District’s own maintenance staff will handle most of the summer work, including upgrading a bathroom or two; cleaning, stripping and waxing floors; painting; maintaining the gym floor; providing electricity and water to the greenhouse; and replacing carpeting in several areas.  He also wants to upgrade the air conditioning in the room housing the school network’s servers.

Once the full Board got down to business, they approved a 30-point agenda in short order.

As usual with this Board, they handled the transportation bills separately so that the three members with family ties to bus contractors could abstain.

Members approved a contract for $635 with Music Theatre International for a show “kit” for the Middle School’s production of The Little Mermaid next year.

The Board will donate $250 to the American Legion Riders of Hallstead for their “Fallen Soldiers Memorial Ridge” on July 13, 2014.

Members approved new student handbooks for next year without discussion.

There were a number of routine personnel actions taken, including a list of appointments for various positions during the summer.  Board member Chris Lewis questioned some of the hours assigned for the positions, particularly compared to the hours paid last year for similar work.  Mr. McTiernan explained some of the changes in administrative procedures that may require more time, but Christina Whitney also pointed out that the hours listed are limits “not to be exceeded.”  A few of the listings showed “TBD” (to be determined), but Mr. McTiernan explained that those were substitute positions for some of the others; substitute hours cannot always be anticipated.

One item recommending a new “Exhibit B” listing extracurricular positions for the professional staff, and another listing “co-curricular” positions such as coaches, were tabled pending further review, particularly in light of the on-going negotiations with the teachers on a new contract (Exhibit B is appended as part of the contract).  These are associated with the new school year beginning in the Fall.

Another group of co-curricular positions for the current school year lists a “stipend” of $500 for each of 8 coaches who volunteered this year in the absence of paid positions that were cut a year or so ago by the Board.

The Board also approved the standard list of suppliers for the upcoming new year:

DiRienzo Brothers and Bimbo Bakeries will provide bread products;

Hartt Dairy will supply milk of various kinds;

Sanico, Penn Paper and LJC Distributing will provide custodial supplies for a total of about $25,000;

Several vendors will supply the District with athletic products next year for a total cost of about $18,000;

RGM Hardwoods will supply woodchips next year for $40 per ton, delivered (wood chips are the primary heating fuel at Blue Ridge);

Waste Management of Dunmore will provide waste removal services on a contract that runs through June 30, 2017 for a price of just over $1,000 per year.

The next Blue Ridge School Board meeting is scheduled for Monday, June 30, beginning at 7:00pm.  It will combine a workshop with a business session, the latter primarily to formally adopt a budget for the fiscal year that will begin the very next day.  Mr. McTiernan warned that the meeting could be a heavy-duty session; he anticipates that there may be changes in the budget related in part to a new contract with the teachers, as well as more up-to-date information from the state.  All meetings are held in the cafeteria in the Elementary School.

The publication of last week’s story on the “Curious Case of Vera Scroggins” did not go unnoticed in our fair county. Further clues have emerged and are herewith revealed for sleuths to examine and ponder before a trial of the facts on July 2nd. Thanks are especially extended to District Attorney Jason Legg for his extensive knowledge of the case, as well as his explanation of legal procedures relevant thereto.

District Attorney Legg minced no words in roundly criticizing this reporter for “irresponsible journalism . . . since the entirety of the column actually cherry picks facts to paint a picture that never existed.” I therefore present—from the District Attorney— information that was not in my possession prior to publication in last week’s article. (I add comments and questions on various points.) It is essential that I stress to readers that the case of Cabot Gas & Oil Co. vs. Vera Scroggins is a civil, not criminal, matter. As such it is two private parties disputing the facts of the case; the District Attorney is NOT trying the case, nor is the county a party to the lawsuit.

D.A.’s Office Involved in Scroggins Trespass Issue

According to the District Attorney, “There HAVE BEEN (emphasis mine) private criminal complaints filed, and we have had to intervene - and have opted to warn Scroggins to cease trespassing on private property - and we did so by written letter. We took a middle ground position hoping that Scroggins would respect the property rights of other people. The complaints were not filed by Cabot - they were filed by private property owners - many of whom are not happy that we did not intervene and protect their property rights . . . WE SENT A WARNING LETTER TO SCROGGINS TO CEASE AND DESIST SUCH CONDUCT.”

The D.A. continued, “Further, Vera Scroggins called me personally one morning several years ago to ask questions about ‘trespassing,’ and I responded ‘Don’t do it.’ She then began parsing out how far she could push it – and I stressed to her not only the legal concept of trespass, but also the more transcending concept of private property rights – and just simple decency of respecting your neighbors rights and boundaries. She was warned that morning as well.” The D.A. amplified, “I encouraged her to respect the rights of her neighbors – and that she should not be entering upon third party property without the permission and consent of the landowner. She then pressed me on whether she could walk up to the posted signs if they were on the property some distance – I again responded that regardless of whether there were signs, if it was not her property, she should not be entering the property without permission or consent. If there were posted signs – that placed her on notice – and she could not enter the property – she could not walk onto private property to get to the location of the posted sign – and then stopped there and then contended that she had not trespassed because she did not go past the sign. It was a ridiculous argument.

She then suggested that she was allowed to be in the roadway right-of-way – and I again reiterated that a municipal or state right of way was for a limited purpose – and her trespassing would not be in that stated purpose of the right of way. The entire gist of the conversation again targeted the fact that she needed to respect the property rights of third parties – and if she wanted to go on other people’s land, she should ask permission. I also pointed out that this was also the polite and decent thing to do.

I have no idea what was occurring on the properties – but it strains credulity for her to believe that she was permitted to be on the property – even to the point of the guard shack – given the history between her and the gas companies – including our prior letter to her warning her about trespassing on private land.”

I intimated to District Attorney Legg that by Miss Scroggins own statements she indicated that whenever she entered oil drilling areas, she FIRST reported to the guard-shack, if any, to make sure Cabot knew of her presence, and if requested to leave she complied. The D.A. responded, “This was an issue with some of Cabot’s signage – they would put a clear no trespassing notice – and then include indications that ‘visitors should report to the guard shack’ or wherever – this provided Vera with the wiggle room she needed to trespass on their property – she knew that she was not a visitor that Cabot was expecting or wanting on the property, but she would use that as a justification to enter private property.”

He continued, “Thus, the suggestion that our (District Attorney’s) office has never been involved is misleading – we have attempted to take corrective action. I am also aware of instances where the State Police were called – but by the time they responded to the scene, she had vacated the area. As to Sheriff Benedict, he only has common law arrest powers – and generally the offense would have to occur in his presence for him to effectuate an arrest. In Pennsylvania, Sheriffs and deputy sheriffs generally do not conduct criminal investigations – they have a very limited power to do so, but it is infrequently used. Thus, this [statement in last week’s column that Vera Scroggins ‘had never had charges filed against her by the county’s District Attorney, Jason Legg, or been arrested by Sheriff Lance Benedict’] was another misconception perpetrated on the reader.”

Rules of Procedure & Orders Explained

D.A. Legg noted that there had been “no discussion of what the Rules of Civil Procedure require with respect to a preliminary injunction, i.e., the need to have a hearing within a set number of days, and that the court was required to conduct the initial hearing under the Rules. The Court could have simply continued the hearing date – and that would have continued the preliminary injunction. The result was the same either way.” (He was referring to the initial hearing on October 21, 2013, when Miss Scroggins represented herself due to being unable to obtain representation on such short notice.)

“The Court then followed up with another hearing – and the matter is still pending, i.e., due process is occurring. Finally, as to the breadth of the Judge’s initial order – it strains credulity to suggest that the Court intended the order to encompass the areas suggested in your article – and it was plainly inadvertent – as confirmed in the subsequent hearing – yet you (referring to this reporter) create the innuendo that the judge intended it to be something more.” D.A. Legg’s reference to the subsequent hearing is the one which occurred on Monday, March 24th. The breadth of the Judge’s ruling encompassed some 200,000 acres of land, amounting to over 37% of the county’s land mass.

The Order “was plainly inadvertent,” according to the District Attorney. He went on, “As to the original order – I cannot say why it was drafted in the manner provided – but given 15 years of practicing in front of Judge Seamans – and having profound respect for his fairness to all parties – I know that this would not have been his intention. It was likely simply a mistake in the drafting of the order – and it is not surprising – we have legislations (sic) that is drafted, re-drafted and sent through multiple committees, and eventually submitted for executive signature – and then suddenly unforeseen consequences arise. What is intended by the author is not always what the language conveys. I can appreciate this given my tendency to write – and too write to quickly at times – as I do in some emails like these – and I suspect that there are things that can be lost in the translation.”

I must at this juncture posit a thought D.A. Legg may not have considered. While the District Attorney’s long relationship with President Judge Kenneth Seamans gives him the luxury of helpful reference points as to the Judge’s character, integrity, and honor, those not so fortunately situated as the District Attorney have to rely on the literal IMPACT of a court’s Order and cannot divine merely the INTENT of the Order. Likewise, parties to a legal action have no leeway to flippantly disregard the letter of the law in an Order, particularly while in the midst of a red-hot legal battle of paramount import.

Furthermore, some questions are in order. Did Judge Seamans read over the Order? Did he deliberate before signing the Order? Did he practice “due diligence” during the writing of an Order that very plainly had an impact that was wildly out of proportion with his, and/or plaintiff’s, intent? Very plainly, how can the District Attorney, or anyone else for that matter, know what was the Judge’s intent at the time the Order was signed? Can a secretary be blamed for errors or omissions if after signing “suddenly unintended consequences arise?” Is or is not the judge accountable for the effects, consequences, and full impact of the Orders which he signs? And so, if “no one” ever intended vast swaths of Susquehanna County—over one-third of its area—to be placed off-limits to the defendant, then why was the Order written to that effect, and why did it ever receive a most undeserving signature?

As if to demonstrate that the “error” had been made with no ill intent (inadvertently) the District Attorney offers, “As to the nature of the Judge’s order, it speaks for itself. I had heard at a bar meeting that Cabot was willing to stipulate to an amendment of the previous injunctive order to limit its scope – no one ever intended to cover any leased property, but that they [Cabot and their legal team] wanted it focused on drilling pads and drilling activity – and these efforts were flat out refused - they [Vera Scroggins and her legal team] wanted to fight it out.”

D.A.’s Summation: A Deathblow to Property Rights

—if Cabot Loses.

“You [this reporter] contend that this case is ‘unlike’ any ever seen in Susquehanna County – you are probably right, but your reasons are wrong. Have we ever seen a case where a third party has asserted, without legal support, the right to enter private property not only without permission of consent of the landowner, but also against the wishes of the landowner? If the case were successful, then it would not only be a case that was ‘unlike’ anything ever seen in Susquehanna County – but also ‘unlike’ anything ever seen in America. It would be a death blow to private real property ownership rights.”

“The case is simple – it is the same advice I gave Vera several years ago – respect your neighbors and don’t go on someone else’s real property without their permission. It is sad that people on their own cannot do this without the threat of legal sanction. Most people understand this – but for those who do not, then legal recourse is necessary – either civil or criminal. The fact that Cabot decided to undergo the legal expense of pursuing a civil remedy – rather than documenting and seeking criminal charges for defiant trespass – demonstrates that they were actually seeking to take a less aggressive approach.”

Judgment

I commend District Attorney Jason Legg for contacting me to better acquaint me with truth and share the same with you, my readers. From his office D.A. Legg is uniquely situated to provide historical information on the trespass charges, key facts concerning the law and legal procedures, and the private property issues he recognizes as the nexus of this dispute. In the late 90’s President Clinton famously (or infamously according to one’s point of view) said, “It depends on what the meaning of ‘is’ is.” The distinction was a key point in the case being drawn against him. For Vera Scroggins and Cabot, How the word ‘trespass’ is defined, may, and likely will be, the decisive factor in the case.

How the Order of October 21, 2013 is adjudged by readers is a separate, though not unimportant issue. But that Order was narrowed by the court on March 27, 2014, and the expansiveness of that Order is now moot—except for the “autopsy” ongoing to figure out why it was ever given life by the court. So with that narrowing of that order, the focus properly shifts back to the private property rights issue, likely as defined by the District Attorney. The case is scheduled for trial before President Judge Seamans on July 2, 2014 in the Court of Common Pleas.

The public exposure of information heretofore unknown both to this reporter and to most other persons in this county also refocuses discussion of this case—which may or may not be “unlike” any other. Readers wishing to continue this discussion are encouraged to send letters/email to “The Transcript.”

At the June 5th New Milford Borough council meeting, a representative of Southwestern was present to speak regarding the seismic testing. They were looking to start sometime in the next month or two. He had all the insurance information; the company wanted to cover the borough when the testing went down Main Street. It was stated that the representative had also been at the municipal authority meeting. The concern had been water lines, etc. but they were covered. The representative wanted council to sign off regarding the use of sensors on the side of the road, with the vibrosis truck. Mr. Ainey made a motion that they sign the document pending approval of the municipal authority. The representative brought a certificate of authority. He had a map of the borough. The map had green and yellow spots showing properties who were signed up with them, and the reds were the properties which they couldn’t get permission for or couldn’t get together with the landowners. This motion was approved.

A concerned resident of New Milford wrote a letter to Governor Corbett, after reading an article in the newspaper. He asked about the possibility for them being approved for a grant.

Another letter had been received from a citizen, regarding a local event notification. They had come up with a suggestion that they print event lists in the twice yearly newsletter. Ms. Gulick and Mr. White agreed that they thought it was a great idea. However, there were some events which they might not know about in advance. Ms. Wages said she would like to see a scrolling something, maybe on a sign outside of the borough building which could make announcements. It was suggested that it might be similar to the one on the Parkview Hotel.

The Blue Ridge School District wrote to Mr. White regarding a damaged door closer on the new concessions stand. They apologized for the accidental damage. The maintenance department had replaced the damaged part. This was in response to a letter Mr. White had sent, and the Blue Ridge letter requested a telephone call next time, and an offer to address any future problems down the road.

The Blue Ridge School District also wrote a letter thanking the borough for use of the field and facility.

The Button-Weller Relay for Life Team sent a special event permit. The event was going to happen; an insurance binder was in place. Council members agreed that it was a very good thing.

Mr. Ainey brought up the subject of the Parade of Lights. He suggested that they look into potential insurance issues well in advance. The mayor explained that there was an e-mail from PennDOT which said that they had to have a permit, had to have insurance, and had to have a map, prior to having the permit. This was a new requirement. Mr. White said that this meant that one third of the group’s donation would then have to go to insurance. Mr. Ainey asked if they had checked with the borough’s insurance provider to see what would happen if they ever considered sponsoring an event.

During the mayor’s report, Mr. Smith broached the subject of the bridge work on Main Street. He said that when the work was done, a lot of traffic would be going on Church Street. Even without that, he continued, there were trucks coming on Church Street and driving through the Methodist Church parking lot when they realized they couldn’t make a turn on the road. He asked if the borough could put signs up stating that there was no truck traffic on Church Street. It would need to be on state roads though, to be seen before that. Mr. White suggested putting up a construction barrier in addition, with a notation that it was for only local truck traffic only.

PennDot had asked the borough if they could close Lackawanna Street, but they had never asked about Wall Street. There was a sign up however that they were going to close Wall Street, and the borough had not been notified. Ms. Wages asked if they were going to look into additional police activity on Church Street once construction began. Ms. Gulick said they could do so, if they knew when it was going to occur. The mayor added that they did know about it, and they could add on to the schedule.

Mr. Smith also talked about the flags that were hung on the poles down Main Street. He said that they were getting very old, faded, and “not nice”. He was wondering if, especially in the summer time, maybe they could just put a regular flag up. They could contact a VFW or Legion or somebody, to see if they might be willing to donate the flags. If the borough wanted to do new banners rather than flags, he suggested they get larger banners. Ms. Hine said she could get a price on the flags. She pointed out, however, that if they increased the size of the banner flags none of the other banners would work. Ms. Gulick pointed out that they had four sets of flags for use throughout the season. Ms. Lempke pointed out that with the increased truck traffic the air was very dirty, which impacted the flags. Ms. Hine said that the main reason they had gone with the smaller flags originally had been for both cost reasons and because of a fear that they would interfere with truck traffic. It was pointed out that a larger size would require new brackets, which Ms. Gulick noted were very expensive.

Ms. Lempke also suggested that the flags in front of the borough building, both the American and the POW flag, needed to be taken down and replaced.

COG had no problem with the lease agreement; they planned to sign it. Mr. Carey related this during the COG report. A council member said that he had been getting a lot of complaints about COG. These complaints surrounded enforcement and that office’s ability to cooperate with residents. Another council member related that she had also heard complaints. Some municipalities had been pulling out. It was said that although they were the borough’s tenant, if they weren’t treating residents right the borough might have to consider other avenues as well. It was decided that the borough would address these concerns with that group.

Mr. White related that they were going to apply for a CDBG grant to repair the drainage, and perhaps some pavement, on Peck Hill.

Ms. James had spoken with the company doing the street sealing, and they had assessed the street. The slurry division had stated that they could complete Church Street and stay within the budget. They expected to do so rather soon. A council member related that Church Street had been done recently. The entire road hadn’t been done at that time, but there were other roads that hadn’t been touched. After some discussion it was decided that the company be called and advised not to proceed until there was a signed contract, as there was some uncertainty regarding which roads ought to be completed.

Ms. Cosmello related discussions with the township regarding their collaboration (or lack of collaboration) on the grant for the comprehensive plan and sidewalk. The matter was not yet resolved.

Mr. White related that they had an informal phone conversation regarding what would be a fair rent for the other rental space in the borough building. There had apparently been at least one potential entity expressing interest.

Ms. Gulick asked if they had received anything from Taylor Rental regarding the faulty equipment the borough had used. The representative of the company had said that he was upset that they were unhappy. He had said that the next time they would make sure the equipment was in better condition, and offered to do something to make the borough happy if they desired. Mr. White said the representative was very nice. It was suggested that perhaps the borough could maybe ask to use it again for a day or two (if it was available).

The Midtown Festival was scheduled for the Saturday after the meeting, and Mr. Carey thanked its maintenance employee for his work in making the park look nice. He also thanked Ms. Gulick for donating the beans. Ballwinkle and a Mets player were both scheduled to come for an hour. Mr. Carey also commended businesses in the community for their “great help” and support for the recreation committee.

There was then some discussion regarding the pool. There had been a few applicants for the pool manager position. It was pointed out that the lifeguards were paid minimum wage. Mr. Ainey proposed that they increase this. Mr. White suggested that it be raised for returning lifeguards at least. Mayor Smith suggested paying $8.50 an hour, with returning lifeguards earning $9.00. This passed. The hope was to open the pool on the 18th or 19th. There were four lifeguards, if the pool manager was included.

Mr. Ainey related that he had been in contact with Leatherstocking. There was a tentative timeframe, he related. Mr. Ainey had told the public that there would be a vendor meeting, at which those expressing interest could attend and hopefully sign a commitment letter. The tentative (he emphasized tentative) schedule involved receiving the New Milford application data by July 1st, and developing the construction schedule by November first. Mr. Ainey had suggested the meeting be held in the same church as the previous public meeting. Council gave him permission, by a motion, to set up the schedule with the company.

The borough signs on either end of town had been previously mowed by Mr. Bondurant, or someone he paid to do it. This cost about $400 a year. Mr. Ainey had suggested that the township be asked to pay half of this fee, and the borough could pay the other half. The township agreed and, that evening, so did the borough.

Ms. Gulick related that the borough had been allotted $48,432.98 in Act 13 funds.

Someone had asked Ms. Gulick why the borough didn’t have an appliance collection or a leaf collection. Another township had put a large dumpster out, it was related, where people could drop off appliances. It was stated that the borough already had a drop-off point, at Cosmellos. It was suggested that the people concerned be told that appliances had that drop off point.

The borough had written a letter to Southwestern about the catch basin on Susquehanna Street. That company had called back, and requested an assessment of the damage.

There was a cake at the end of the evening in honor of Mr. Ainey’s 60th birthday. Many of those present sang as well.

The Susquehanna County DOMESTIC RELATIONS Section has outstanding BENCH WARRANT’S for the following individuals as of 10:35 a.m. on June 6, 2014: Duane M. Aldrich, Shawn J. Bedford, Anthony M. Choplosky, Tina M. Clark, David J. Fischer, James Gerard, Francis M. Hagemeyer, Jr, Jeremy W. Hall, Bradley M. Huzzard, Dustin L. Johnson, Todd J. Layton, Charlie J. Legere, Casey M. Lehman, Derrick Lezinsky, Robert J. McCrone, Ethan A. Meagley, Ronald N. Mitchell, Jordan L. Payne, Matthew J. Peters, Veronica D. Phelps, Eric A. Pike, Sherri M. Rosa, Bruce A. Schurr, Todd J. Slater, Anthony L. Smith, Nathan C. Strohl, Frederick Swingle, III, Tessa E. Thomas, Justin S. Thompson, Donna N. Tunstall, Robert J. Twilley, Steven G. Warner, Kevin H. Welch. Please contact the Domestic Relations Section at 570-278-4600 ext. 170 with any information on the location of these individuals

Thompson Township held their monthly meeting on Wednesday, June 4th 2014, which lasted nearly an hour. All township Supervisors were in attendance, including Suzanne Jenkins, Richard Wademan, and Alex Komar. There were also four members of the public present at the meeting. The Supervisors went on to discuss roads, flood plain issues, and the possibility of a park on township property.

Supervisor Komar began by stating that the Township had received back their backhoe and could begin work on a number of roads in the area, including Campsite, Lamb, Callender, and Barton Roads.

Previously, the Township had made an effort to contact Senator Lisa Baker about the issue some residents are having, their land being considered to be on a “flood plain,” when it is not. This causes unnecessary increases in insurance. The Township did receive correspondence back from Senator Baker, who stated that they are trying to revise the area and that the area considered a flood plain is shrinking. It was also noted that you can apply with FEMA to be removed from the flood plain area, though it seems you may need a surveyor to do this. Township Supervisors suggested that people wishing to have this done possibly group together to reduce the cost individually.

Supervisor Komar then put on the table the idea of possibly requiring boring and drilling fees. After some discussion, the topic was tabled until more information could be obtained. The Supervisors seemed to agree that this would probably be unnecessary considering they have had no issues in the past.

A member of the public who was in attendance and representative of the pipeline stated that they planned increase to the pipeline loop, that was previously set for three miles. It will now be increased to a five mile stretch of land, stating that there is an increase of volume that it needs to hold. He also stated that they had “eminent domain” and are in the process of negotiating with land-owners. Construction will take place over the next one to two years.

Following this, another member of the public expressed concern over the lack of a street sign on “Ararat Road” in Thompson Township. This led to some confusion over the Ararat Road in Thompson and the one in Ararat, which does in fact have a sign. She stated that GPS and delivery companies cannot find the street when traveling. In case of an emergency, this could create an issue for help to arrive at the right address in a timely fashion. Supervisor Komar stated that he would make some calls and contact 911 Addressing and try to find a resolution and hopefully get a sign put up stating the name of the road. 

Last, but certainly not least, Supervisor Jenkins wished to discuss the possibility of a park on Township park. The Supervisors agreed to send out a letter, asking for opinions from the public. This letter would contain questions like “What would you want the park to contain?” and “What type of park would you like?” This, Supervisor Jenkins stated, would help establish the actual want for a park in the area. Once the Township establishes this, they can choose to not move forward with it based on lack of interest or move forward with it, with planning and budgeting. 

This conversation closed the meeting for the 4th of June. Supervisor Jenkins suggested they move their July meeting to the 9th, considering the holiday. This was approved and the next Thompson Township meeting will be held on July 9th, 2014.

Burglary: On June 4th between 3:30 and 4:15 pm one or more perpetrator(s) went to the rear of a Montrose residence and used an unknown tool to take the off the door knob. The perpetrator(s) then made entry. No items were reported stolen. Anyone with information is asked to please contact the police.

Terroristic Threats, Simple Assault: On April 2nd at between midnight and 1 am a New Milford man had charges of Terroristic Threats and Simple Assault filed against him for an eleged incident that took place outside Shana and Frnak's Pub involving a weapon.

Burglary: A Meshoppen man reported that sometime between May 31st and June 1st three flatscreen TVs, a H.P. Notebook, and an X-box 360 were stolen from his Auburn Township residence.

Crash: On May 31st at 3:57 am Akbar Ali of Lawton was traveling westbound on SR 3023, and was traveling around a left curve, when his vehicle lost control and exited off the north side of the roadway and onto the north berm. It then reentered and crossed the roadway onto the south berm, striking a guard rail on the south side with the rear driver's side. The vehicle came to a final rest on the south side of the roadway, facing southwest. It sustained disabling damage and was towed form the scene. Ali was not injured; a seat belt was in use.

Crash: On May 30th at 9:38 pm Sergiu Andreescu of Kitchener, ON was traveling southbound in the right hand lane of I81 in New Milford Township. At that time Robert Wagner of Vergennes, VT was also traveling southbound, in the process of passing Andreescu in the left lane. A deer entered the right lane from the right hand side of the roadway. Andreescu struck the deer, causing his vehicle to veer to the left and strike Wagner's vehicle. Both pulled to the right berm after impact. All involved were utilizing seat belts; no injuries were sustained.

Criminal Mischief: Sometime between May 29th and June 1st a Montrose man reported that someone had punctured the gas tank on his lawn mower. The investigation was ongoing as of the time of report.

Theft: The police were investigating the theft of an aluminum extension ladder from a Springville Township location. The victim was doing work at the property and left his ladder there to use. When he returned to the job site, the ladder was gone. Anyone with information is asked to please contact the police.

Crash: On May 19th at 3:15 pm a juvenile female was traveling westbound on Coleman Road in Bridgewater Township. The road is a narrow dirt road. The girl lost control of the vehicle on a downhill section. It slid off the right hand side of the roadway and struck a tree, coming to rest. Both the driver and a passenger were utilizing seat belts; both sustained minor injury.

Burglary: On May 22nd between 10 am and 1:30 pm a Thompson woman returned home to find that someone had broken into her residence. Please contact the police if you have information regarding this incident.

Burglary: Between May 15th and 16th one or more perpetrator(s) entered a cottage and detached storage facilities in Liberty township. An ATV was taken from within, along with tools and copper. The ATV was later recovered. Anyone with information is asked to please contact the police.

Scam: On May 14th at 4 pm someone contacted a Franklin Township woman on the telephone and persuaded her into sending $50 via Green Dot Card in exchange for a loan. It was determined that this was a scam.

Public Drunkenness: On May 27th at 2:50 am Jarred Priest of Naples, FL was discovered to be causing a disturbance in Bridgewater Township. The accused was cited with public drunkenness.

Commercial Vehicle Crash: On May 26th at 3:30 am Daniel Garinger of Nicholson was traveling west on Sr 706 when he drove off the north shoulder of the highway, losing control. The truck continued to travel for approximately 200 feet through a ditch, until it rolled onto the passenger side, where it reached a final rest.

Burglary: Sometime between April 1st and May 22nd the phone/cable lines were cut to a Herrick Township woman. Four tires were also stolen from a secure garage. Anyone with information is asked to please contact the police.

Theft: Sometime within the last year one or more perpetrator(s) stole four Godwin 4” water pumps from the victim, Somerset Regional Water Resources, LLC. The pumps were orange in color, and on wheels and towable. The pumps also had a John Deere 3015D diesel engines attached. Anyone with information is asked to please contact PSP Gibson.

Criminal Mischief: Between May 25th and 27th, several fire extinguishers were discharged around two out buildings at the Lopke Stone Quarry in Harford Township. Anyone with information is asked to please contact the police.

Missing Person: On May 27th at 12:30 pm a 16 year old was reported missing. The child was found on May 28th.

Theft: On May 25th at 1 pm Frank Cook of Nicholson arrived at a scene in Springville Township and forcibly removed two chained and locked gates from the posts, removed a brush hog from the field, took the items to a scrap yard, and fled the scene. Charges were to be filed in District Court 34-3-01.

Criminal Mischief: On May 28th between midnight and 7 am a criminal mischief incident occurred on Stump Pond Road in which unknown perpetrator(s) cut the wire fence that was surrounding the property of an elderly New Milford woman. Anyone with information on this incident is asked to please contact the state police at Gibson.

Burglary: Between the 25th and 27th of May unknown perpetrator(s) gained entry into maintenance buildings at the Elk Mountain Ski Resort in Herrick Township, by means of forcing the doors open. The perpetrator(s) stole chainsaws, copper wire, and other tools before fleeing the scene. Anyone with information is asked to please contact the police at Gibson at (570) 465-3154.

Hit and Run: On May 19th at 9:57 am an unknown driver was traveling east on SR 706 in Jessup Township at the same time as a Dodge Ram was parked in a parking lot just off the south shoulder. The unknown vehicle traveled off the roadway onto the south shoulder and crashed into the rear end of the Ram. After impact, the driver fled the scene east on that road. The offending vehicle is believed to be blue in color.

If you have information regarding any of these incidents please contact the police at (570) 465-3154.