Oakland Borough Council voted unanimously at their July 9th meeting to embark on an ambitious program to resurface rough roads. If all goes as planned, 75% of the boro’s streets could be resurfaced before the snow flies. The borough’s out-year plans call for completion of the remaining 25% needing resurfacing to be done by the fall of 2018.
Present for the meeting were President Brian Rhone, Councilmen Jack Agler, Doug Arthur, Gary Boughton, Eric Page, and Nelson Towner, along with Secretary/Treasurer Flo Brush, Police Chief Bob Sweet, and Streets Commissioner Jeff Wayman. Mayor Ron Beavan and Councilman Dave Trevarthan were absent.
Mr. Wayman’s presentation to Borough Council dominated the bulk of the 7:04 to 8:22 p.m. meeting. He went to great lengths to explain each of the many moving parts of the road resurfacing plan. WAYCO is the contractor which will be responsible for paving on Upper Boyden, Pierson, and High Streets. Streets to be paved by CB Excavating include Boyden, Spring Creek, Harmony, Prospect (Chestnut to Harmony portion), and East High Streets, as well as 2nd Avenue. Mr. Wayman couldn’t say exactly when work would begin because of contractors having such a heavy workload this summer. Last winter left roadways in severely deteriorated conditions, as motorists well know.
For 2016, the borough’s plan is to repave East Street, Park Road, Eldridge Street and Franklin Street. Brush Street, a portion of 2nd Avenue, and Lower High Street will see resurfacing in 2017. By the fall of 2018 the three remaining sections of Prospect Street will be repaved. Council will vote on approval of each out-year project during the year in which the actual work is contemplated. It is apparent that a lot of preparatory leg-work and thought went into devising this systematic and comprehensive plan for roadway revitalization. Kudos to Mr. Wayman, Council, and Treasurer Brush.
There were several key factors that commended the road renewal program council adopted. First, a significant portion of the road work is being paid for through a Community Development Block Grant. Second, petroleum products, hence asphalt, are at a much depressed price at this time. Third, the borough had patiently saved liquid fuels monies from preceding years to prepare for this project. And finally, the borough had determined that roads were in such a state of decay that this would be exactly the best time to make use of available funds for the best benefit of residents.
The only negative side-effect of smoother roads in the borough is a likely concurrent increase in the number of speeding incidents. Councilmen noted that Chief Sweet and his officers will have to increase their watchfulness. Chief Sweet, incidentally, presented the Police Report in the absence of Mayor Beavan. That report for the month of June showed the following: seven traffic stops, two thefts, and one of each of the following: suicide attempt, domestic dispute, harassment, noise complaint, suspicious person, vandalism, debris in road, and miscellaneous.
Chief Sweet also had one other item of note. Apparently, the Church of Jesus Christ of Latter-day Saints had been planning to demolish their temporary welcome center housed at the old Boughton junkyard office (red building) on Route 171 in Oakland Township. In Chief Sweet’s conversation with a church contact, it came about that the Church would be willing to donate the building to Oakland Borough, if borough government is interested. That became the conversation Council conducted for a good ten minutes. Chief Sweet opined that the building would be well-suited for a borough police station. The one-story building’s dimensions are approximately 15’ by 25’ and it would necessarily have to be moved from Oakland Township to Oakland Borough.
Ultimately, Councilman Towner moved to authorize inquiry into the feasibility of obtaining the aforesaid building. Councilman Arthur seconded the motion, and Council gave unanimous consent. Councilmen Page and Arthur, along with Mr. Wayman agreed to look into the logistics of movement and placement of the building. While the Church may be amenable to footing the cost for transportation of the building to its new site, Councilmen thought it best to measure the building, measure the site where the building might be temporarily sited, and measure where it would be permanently situated. The offer of the building had only just come on this date, July 9, so Council was caught short by what could be a stroke of very good fortune. By next month’s meeting Council will almost certainly have a clear-eyed understanding of whether or not the LDS building will suit the borough’s future needs.
Oakland’s next monthly meeting is scheduled for the second Thursday in August.
The title is oxymoronic. It is meant to be. It accurately describes Starrucca, a borough where residents feel alienated from their local government. Likewise, some in borough government leave one with the impression that any accommodation for or concession to the public is a burden, or at least an inconvenience.
The evening began inauspiciously enough. With Secretary Pattie Smith out of town, alternate arrangements had to be made for gaining access to the community hall. Once that was accomplished, 15 residents, a constable, this reporter, Mayor Mary Ann DeBalko, and five council members huddled in the kitchen for the monthly meeting.
Council members present from the start of Monday, July 6 meeting were Vice-President Robert Weldy, Paul Everett, Barbara Glover, Jason Heeman, and Arthur Kopp. Agendas for the evening’s meeting were NOT made available to press or public. Noticing that there was one more agenda than the number present for the meeting I inquired if a spare agenda was available. “No” was the emphatic response from VP Weldy. Odd, no?
At 7 p.m. the meeting was called to order by VP Weldy and he announced that President Jack Downton was “haying.” No one gave explanation for the absence of Councilman Louis Gurske.
Council’s first action was to introduce Constable Ken Arnott of Preston Township and make it known that he was there to ensure order. Inquiry was made as the cost of his services. He replied that he charged $25.00 per hour; his on-duty time begins from the time he leaves home (until ends at) his return. Council moved, seconded, and unanimously approved use of his services at the rate he had just explained.
Approval of the Minutes was a five-minute exercise requiring audience participation to re-word one section. Kristen Potter summarized her remarks concerning the borough’s Memorial Park at June’s meeting, and Councilman Everett composed an appropriate correction to the Minutes.
A minute later VP Weldy, the only person seated so as to directly face the room’s entrance, noted the imminent arrival of President Jack Downton who sat at the one empty seat at the table. Council passed to him that one remaining agenda, which had heretofore appeared orphaned at table’s center. Odd? (Mr. Weldy continued to chair the meeting through adjournment.)
Council moved on to consider the Treasurer’s Report, except that no one present had a Treasurer’s Report. Secretary/Treasurer Smith was STILL out of town. Council moved to table consideration of the Treasurer’s Report until next month. Onward to bill paying. At this point, Kristen Potter requested that Council make good on payment to her husband (Donald Potter), the borough’s tax collector. The borough’s archaic system leaves the borough consistently in arrears by one month; currently the borough is two months behind. Was it another matter that fell through the cracks attributable to the Treasurer’s being out of town? Jack Downton motioned and Council unanimously approved payment as soon as the matter could be sorted out.
The borough’s regular bills totaled $474.55 and Council had no problem approving their payment, but a controversy arose when Councilman Kopp presented receipts totaling more than $1,500 for a lift and paint used on the community hall’s exterior. June’s abbreviated meeting had precluded obtaining prior approval for this project’s expense. Mr. Kopp elucidated. On his own initiative he had made application to Wayne County to obtain prisoner labor--at no cost to the borough--for painting of the community hall. At the time of application it was unknowable when or if prisoners would be available. When the County unexpectedly DID notify Councilman Kopp that prisoners were available for the project, Mr. Kopp reasoned that it would be better to proceed than to wait. Waiting for a date uncertain with the borough’s request placed at the end of the line might put off the entire project until next year, and consequently the exterior would be even more weathered and decayed.
Mr. Kopp explained that he had kept Councilman Gurske apprised of his actions and had assumed that Mr. Gurske would “spread the word” to the rest of council. Mr. Gurske was not present to respond. Individual council members expressed their ignorance of the project‘s status or what had transpired.
Councilman Everett expressed that he was not against the project. But he went on to summarize three reasons why Council should not approve of the expenditures made without prior approval. First, it would set a bad precedent for future governance. Second it would divert funding from other projects borough residents want, e.g., calcium chlorate spreading on dusty dirt roads. Third, the borough could face penalties from auditors for diversion of funds in an unorthodox manner.
In reaction to that last reason, Auditor Dan Kramer (in the audience) requested recognition to speak. Mr. Kramer, quoting famed businessman Peter Drucker, said “Management is doing things right; leadership is doing the right things.” Second he quoted a local leader of times past, “Council’s function is to do the little extra for the community.” He went on to say that the borough would receive no audit penalties; the Starrucca Civic Association had discussed the matter and would be willing to assume the expenses already incurred for community hall renovation. Anyone wishing to make a donation to the association to help with this project was welcome to do so. “Checks,” said Mr. Kramer, “could be sent to Marie, Joy, Pete, Art, or me.”
Council members, including President Downton, expressed their agreement with this solution to the problem. Council, and some in the audience, felt that in this manner the costs could be spread out to all who thought it a worthy project. Those who participated in its funding were doing so in an entirely voluntary way all agreed. Notably, Mr. Everett and Ms. Glover volunteered to make contributions for the project.
At this rare felicitous moment of connectivity, Council went into Executive Session at 7:27 p.m. to discuss legal issues. Upon Council’s return to regular order at 7:50 p.m. Mr. Weldy announced that Ghost Properties (the yellow house on the other side of the bridge) is civilly suing NRCS (Natural Resources Conservation Service) and Starrucca Borough for failure to maintain the creek wall to legal specifications. Mr. Weldy presumed this suit will take years to resolve.
In another legal matter Starrucca Borough is filing a 2009 map with PennDot and notifying Preston Township. Further details were not elucidated.
Finally, the borough has a date, August 18, in the Court of Common Pleas in Honesdale, in an attempt to overturn the “stay” Darl Haynes successfully obtained in his lawsuit against the borough. That “stay” blocks the borough from vacating Kellogg Road, and consequently compels the borough to continue its maintenance.
That Starrucca Borough Council fight to vacate Kellogg Road seems a real head-scratcher. In a decision by President Judge Raymond L. Hamill in April 2015 Scott Township successfully defended against Plaintiff Starrucca Borough’s suit which purpose was to change the northerly border of Starrucca Borough, and by implication the geographic location of part of Kellogg Road.
As a consequence of that decision, Starrucca’s Solicitor Anthony Waldron communicated to Borough Council, in part, “I am disappointed and somewhat surprised, but I guess it is consistent with the Judge’s prior decision to require the Borough to post a bond before giving any consideration to a boundary line adjustment. Unfortunately, he ignored my argument for striking the map that was improperly done and recorded, but there really is no other way to pursue this boundary line issue without meeting the requirement of posting the bond. I am sorry I could not achieve some justice for the wrongful actions taken in 2007 but there is obviously an intent to maintain the status quo. Unfortunately, without a decision supporting the boundary line location being south of the Haynes residence, it is unlikely that the Court will uphold the Vacation of Kellogg Road. I tried my best to address the Council’s concern about how Daryl Haynes had manipulated the prior Council, but without an official determination of the boundary line, the Borough will have to live with maintaining Kellogg Road with the means available.”
Readers may draw their own conclusions concerning Council’s “resolute” course to August 18th’s court date. For legal beagles the referenced case, Borough of Starrucca vs. Scott Township, No. 624-Civil-2014, handed down on April 14, 2015 in Wayne County is the case discussed. By implication it is inter-related to the case Haynes vs. Borough of Starrucca. Should the Borough of Starrucca prevail on August 18, it will be of interest to all parties (in Starrucca and adjoining townships) since it appears in doing so Judge Hamill would be repudiating previous decisions.
From 7:51 to 8:15 p.m. Council conducted the public comment portion of the meeting. Speakers included Kristen Potter, Keith Payne, Diana Hurlburt, Peter Frank, Ron Brownell, Robert Buck, and Darl Haynes, among others.
Kristen Potter had inquired of Council at their May 4 meeting if the borough would reimburse her husband--in whole or in part--and her, as the Tax Collector and Assistant Tax Collector, respectively, for taking online courses newly mandated by the state. Those online courses consist of six credit hours, with each credit hour requiring payment of $35.00. Considering the cost of the course in comparison to the small remuneration for actual tax collection, there would be, she explained, little incentive for her husband and herself to continue in their present capacities. VP Weldy asked a few questions to clarify her request, and then noted that in his experience people in many professions are required to maintain continuing education as a condition of their employment. Mrs. Potter responded that the borough might well need a new tax collector and assistant tax collector come November 1st if the situation is not resolved.
Mrs. Potter also had a second issue, Memorial Park maintenance. She noted its “disgraceful” appearance and elaborated further. VP Weldy responded that he would tell the lawn maintenance man to do a better job and not run over the flowers. Mr. Weldy’s reply did not connect with the audience. Gale Williams Reddon, who had served on Starrucca Borough Council for 22 years, recalled the circumstances under which the land for Starrucca Memorial Park had been donated, and the understanding that Starrucca Borough had a sacred honor to maintain it. The poor state of lawn care, the all too obvious weeds, and the tattered flag were all evidence that the borough was not taking its responsibilities seriously.
Another issue raised was the maintenance of the road leading to the borough’s cemetery. Diana Hurlburt inquired as to why the road was not being maintained. The response from Council was to ask her if she owned property in the borough. She shot back a firm “YES,” and noted that she had been asked that in the past when she had raised the issue. During discussion it was observed that there was a second road leading to the cemetery, suggestion being made that an alternative existed. The rejoinder was that the borough collected liquid fuels money for the primary roadway and therefore the borough had a moral and legal obligation to maintain the roadway; the road as is should be considered hazardous. Mayor DeBalko suggested a “Hazardous Road Sign” be erected.
Peter Frank stood to make his point. He noted that Council had passed a motion--not only last year, but earlier this year too--to have printed the borough’s monthly minutes in three newspapers, including “The Transcript.” Mr. Frank noted that that was still not happening. Council thanked him for his observation.
Starrucca resident Keith Payne stated that he had sent the borough a certified letter on June 30. He asked if Council had his letter, as it had not been read as correspondence. Council’s reply was to the negative, and Mr. Payne was granted time to read a copy of his letter. The stated purpose of this two-page typed letter was “to clarify my position with the board as a whole and challenge members individually.” Mr. Payne, a resident on Leach Creek Road, is impacted by the borough’s ongoing boundary-dispute cases. He sees the status of Leach Creek Road as analogous to that of Kellogg Road, and notes the negative results this is having on individuals and the community as a whole. “My wish is to encourage all members [of Borough Council] to remove prior emotions towards individuals that may be clouding reason,” he said in his final paragraph.
Also in the public comment (“Persons to be heard”) period of the meeting were questions from Ron Brownell and Robert Buck. Mr. Brownell asked “Why did Starrucca request, and pay, Roger Glover (Councilwoman Glover's husband) and himself to do road work on Kellogg road for one mile and Leech Creek for three fourths of a mile when they worked borough roads?”
Mr. Buck asked if they (Borough Council) had prices on calcium for dust control yet. Councilman Heeman replied, “Not yet.” Mr. Buck also asked why invoices for advertising for the signs at the ball field have not been sent out for the last two years.
Darl Haynes made inquiries of VP Weldy if anyone on council had looked at the court's decision of the lawsuit against Scott Township that was decided in April 2015 and had any documentation that would supersede the documentation in the lawsuit. VP Weldy responded the borough had corporate maps that did and were different than the tax maps used by the county. In the continuing back-and-forth as relating maps to Kellogg Road, Mr. Weldy also made the admission that Kellogg Road is not maintained because there’s still a court case, and the borough wasn’t sure of responsibility to maintain it--vacation is asserted.
At 8:15, VP Weldy asked if there were any more persons to be heard. When no one replied in the ensuing five seconds Borough Council members made motion for adjournment, second, and agreement. So ended this gathering; disconnected connectivity resumes the first Monday in August.
EDITORS NOTE: These reports are taken directly from the Gibson State Police Barracks Blotter. Anyone having an issue with how they are worded is advised to visit or call the Barracks and inspect same before complaining about contents at (570) 465-3154.
DUI/Drug Possession: On July 10th a 22 year old New Milford woman was stopped on Jennings Road in New Milford Township for an equipment violation. The driver was discovered to be DUI-Drug. The trooper also conducted a consensual search of the vehicle, which yielded heroin, marijuana, and a pill.
Commercial Vehicle Crash: On July 10th at 2:45 pm a Mack Daycab had exited Sr 0081 south in New Milford Township and stopped at the intersection with Sr 0492. The Mack was making a left hand turn on Sr 492 when the left rear part of the trailer came in contact with the right front of a BMW X5 driven by an unnamed person. There was damage on the right front of the BMW. No information on injury was given in the report, nor was the name of either driver.
Armed Robbery: After a multi-agency investigation involving troopers from PSP Gibson, PSP Tunkhannock, and members of the Susquehanna County Sheriff's Office, it was determined that Michael Zeyher of Douglassville and Elk Lake, PA was responsible for the armed robbery that occurred on June 23rd. Charges have been filed against Zeyher relative to this incident. At the time of report, Zeyher was incarcerated in the Berks County jail for unrelated charges. Once the Berks County charges were addressed, he was to be brought back to Susquehanna County to commence court proceedings.
Crash: On July 9th at 6:40 pm Andrew Leskoven of Tunkhannock was traveling on Sr 3019 south of Sr 3001 in Auburn Township when his vehicle failed to negotiated a left hand curve in the roadway. The vehicle exited the roadway, traveling 210 feet in the woods before coming to a stop. The driver was not injured; a seat belt was in use.
Recovered Stolen Vehicle: On May 29th at 12:49 pm a 1981 Kawasaki motorcycle was recovered at a location in Bridgewater Township. The motorcycle was removed and returned to the owner. Anyone with any information is requested to please contact the police.
Access Device Fraud: On July 9th between 6:59 and 7:14 am, the Paypal card information of a Hallstead man was used to make two purchases over the internet. Before the card was deactivated, $342.56 was charged. Anyone with information is asked to please contact the police.
Simple Assault: Matthew Myers of Nicholson is accused of pulling a knife on a woman and threatening her with it, on July 2nd at 10 pm. He was arrested for PA Crimes Code sections 2701 (Simple Assault), 2706 (Terroristic Threats), and 2709 (Harassment).
Death: On July 5th at 1 am three individuals, including a man and two juvenile females, were being pulled on a mattress behind a vehicle in a field located off of Sr 267. The towing vehicle crossed in front of another vehicle which was exiting the field, which in turn struck the mattress. The man was pronounced dead at the scene, and the two females were injured.
Drug Possession: On July 3rd at 7:53 pm a traffic stop was conducted at a Dimock Township location. A passenger in the vehicle was in possession of drug paraphernalia as well as a small amount of marijuana. Charges were to be filed at DC 34-3-01 as of the time of report. Those involved were not named in the report.
Crash: On July 4th at 1:37 am Cynthia Chiariello of Morristown, Nj was traveling north on I-81 when a deer ran out into the roadway. The vehicle struck the deer, causing disabling damage to its front end. The driver and a passenger were not injured in the crash. The vehicle was towed from the scene by Kozlowski Towing.
Burglary: The state police are investigating a report of a burglary in Silver Lake Township, which occurred on July 6th at 10:17 am. Several tools were taken in the burglary. The investigation was ongoing as of the time of report.
Crash: On July 4th at 2:36 pm Pavel Yagodin of Starlight, Pa was traveling north on Sr 171 in Union Dale Borough. As the vehicle was traveling, a deer entered the roadway and into the path of travel of the BMW 328. The front end of the vehicle impacted the deer. After impact, it came to a controlled stop along the east shoulder of the roadway. No injuries were reported. A seat belt was in use. The vehicle was removed from the scene by Kozlowski Towing. Police were assisted at the scene by Union Dale Fire Department.
Act 64: On July 5th at 10:00 am Shane Repsher was found to be in possession of drug paraphernalia. Charges were pending in District Court 34-3-01 as of the time of report.
Criminal Trespass: On July 5th at 9:00 am a known 32 year old male was discovered intoxicated and sleeping inside a Bridgewater Township woman's house. The victim declined prosecution.
CSDDCA: On July 3rd at 11:50 pm a 24 year old female and a 23 year old male, both from Montrose, were in possession of drugs on Rt. 29 in Bridgewater Township.
CSDDCA: On July 3rd at 6:10 pm a 26 year old New Milford man was in possession of a small amount of marijuana on Franklin Hill Road in Franklin Township.
Indecent Assault: The state police are investigating a report of a woman being groped by an intoxicated white male at the Queen of Hearts Bar in New Milford Borough. Troopers were contacted after the incident prompted a large altercation in the bar. The perpetrator fled the scene prior to the arrival of troopers. Anyone with information is asked to please contact the police.
Commercial Vehicle Crash: On July 1st at 4:34 am Brian Rupp of Conklin, Ny was traveling east on Sr 547 and drifted off the right side of the roadway. Upon drifting to its right, the vehicle drove over a soft shoulder, which gave way. It then overturned and came to rest facing east. The truck sustained moderate damage. No injuries were reported as a result of the crash and the driver was utilizing his seat belt. Police were assisted at the scene by Harford Fire EMS and Kozlowski's Towing.
BENCH WARRANTS
The Susquehanna County DOMESTIC RELATIONS Section has outstanding BENCH WARRANT’S for the following individuals as of 8:48 am on July 10, 2015: Duane M, Aldrich, Craig J. Anderson, Asa M. Atherholt IV, Edward Bentler, Michael J. Burger, Brian N. Carter, Tina M. Clark, Eric J. Darde, James Donahue III, Duane C. Faulkner, David J. Fischer, Justin T. Giberson, Angelica Groover, Jeremy Halstead, Christopher M. Kuiper, Todd J. Layton, Charlie J. Legere, Jim Mazar, Timothy Murray, Matthew J. Peters, Veronica D. Phelps, Bruce C. Runion, Desiree L. Shifler, Courtney M. Sterling, Tessa E. Thomas, Kurtis Tracy, Steven G. Warner, Patti Welch, Matthew C. Whitney, Kyle D. Wilbur, Jamie L. Williams, Sr. Please contact the Domestic Relations Section at 570-278-4600 ext. 4050 with any information on the location of these individuals.
