“I’m sure neither side is completely happy with it,” said president Chris Lewis, as his Blue Ridge School Board voted to accept a new 5-year contract with its teachers.  Yet after 2 and a half years of sometimes “contentious” negotiations, the teachers’ Blue Ridge Education Association and the school board agreed on a pay and benefits package that will see them through until June of 2019.

Outstanding 5-th grade student Zachary Randall with Elementary School Principal Danelle Decker

The board’s brief business agenda on June 6th followed the recognition of some of the students – the focus, after all, of the board’s and the teachers’ efforts. Lindy Arzola and Harrison Parsons were not available to accept recognition as outstanding seniors for May, but Elementary School Principal Danelle Decker awarded recognition to 5th-grader Zachary Randall; his counterpart, Cadence Wolfe could not attend.

Basketball champion Isabella Cosmello with her mother, board member Christina

Mr. Lewis read out a resolution congratulating Isabella Cosmello for her achievement as Basketball Player of the Year for Division 4 of the Lackawanna League. Her mother, board member Christina Cosmello, beamed at her side.

As soon as school lets out for the summer, part of the cafeteria floor will be demolished to repair a low spot in a sewer line that threatens backups when not flushed out weekly. Delta, an engineering firm from Endwell, NY will oversee the project for an estimated $34,700. Because the line is buried in a concrete floor, “there are a number of unknowns inherent with this project,” in the words of the Delta agreement. Petcosky & Sons of Vestal, NY are contracted to carry out the work at a price of $146,540. According to the Delta agreement, Boland’s Excavating will also be involved. The major part of the work is expected to be completed by the end of July.

Among items expected to be on the agenda for a subsequent business meeting a week hence will be the retirement of Mrs. Williams after 38 years of service. Mr. Lewis noted that he himself was her student during his years at Blue Ridge. The board will also be hiring a new guidance counselor.

Board member Jessica Wright reported that her Transportation Committee is planning training for bus drivers in August.

Few teachers attended the meeting that approved the new contract. The pact generally follows the offer made by the board in May. The primary differences were over pay and health benefits. Under the final agreement, teachers can expect salary increases increasing from 2.5% in the 2016-2017 fiscal year, up to 2.75% in the final year of the contract. Retroactive increases of 2% are provided for the past 2 years during which the teachers were working without a contract. The health insurance plan will remain much as it is now: teachers will contribute 10% of the premium for their plans, with deductibles of $100 for the single plan and $300 for the family plan.

Mr. Lewis thanked all involved in the process for their hard work, especially that of Superintendent Matthew Button, whom Mr. Lewis praised for his talent for listening and ability to come up with alternative approaches. Surely that would come up during the following executive session, expected to discuss the annual administrators’ evaluations. Compensation packages for the administrators will be on the agenda the following week, along with final, formal approval of the new budget.

A relatively brief meeting with momentous issues at stake. And delicious sandwiches and skewers of fresh fruit to fortify the deliberations.

The next meeting is barely a week later, June 13th.Meetings generally begin at 7:00pm in the cafeteria. That happens to be the day, however, when the sewer project is scheduled to get under way. Hard to say how the summer’s meetings will go with a trench through the floor.

Oakland Boro Council met for its June 9, 2016 monthly meeting at Lanesboro’s Community Center. It may well have been Oakland’s last meeting in Lanesboro. July’s meeting could possibly mark the return of Oakland‘s meetings to Oakland.  The purchase process for Oakland’s new municipal building is proceeding normally, with seller, bank, and buyer all on the same page. No firm closing date has been nailed down. Nevertheless, the borough has already determined immediate actions to be executed as soon as the ink is dry on the property transfer. Borough Council is ready to hit the ground running.

In the meantime, fireworks and bears occupied council’s attention at the June meeting.  Council President Brian Rhone called the meeting to order at 7:02 p.m. Councilmen Eric Page, Gary Boughton, Nelson Towner, and Doug Arthur were present, along with Secretary/Treasurer Flo Brush. Councilmen Jack Agler and Dave Dibble, and Mayor Ron Beavan were absent.

The issue of fireworks was brought to the fore on account of an Oakland Boro resident having set off “large” fireworks on two occasions prior to Memorial Day this year. These were not “ground and hand-held sparkling devices,” but actual fireworks of such strength and magnitude as requiring the party to obtain a license from the borough and submit a bond of $500 for payment of all damages which may be caused.

The pre-Memorial Day fireworks in the words of several councilmen, “. . . set off half the dogs of Oakland barking. Others [dogs] were shaking and cowering with fright. . . My house was shaking on its foundation.”

Each Councilman was provided with a copy of Pennsylvania’s Fireworks Law so as to familiarize himself with state law. Councilmen purposed that the law would henceforth be strictly enforced, particularly with Independence Day in mind. All residents are advised to observe the law and have a safe summer. Lawbreakers will be prosecuted.

The other matter which may impinge on residents safety this summer is Pennsylvania‘s wonderful wildlife. In clocklike fashion, as the swallows return to Capistrano, and the buzzards return to Hinkley (Ohio), so too the black bears return to Oakland Boro.  Council members recounted recent bear anecdotes.  Some indicated a hope that it is only one bear roaming the boro. But no one is sure how many bears have infiltrated boro boundaries.

Residents should maintain situational awareness when out-of-doors or walking on Oakland’s streets. Oakland’s bears like to freeload at garbage cans and bird feeders. Residents should take all necessary precautions to make their property as unattractive as possible to the bears.  That means securing garbage cans to make them inaccessible to the bears.

Councilman Arthur noted that overhanging tree limbs near street lighting sometimes prevent much light from illuminating pavement. Pedestrians should pay particular attention while in darkened areas after dusk. Oakland bears are known for their nonchalant attitude while sauntering through boro streets, but residents are reminded never to approach or confront bears; instead, report them.

President Rhone presented the Police Report for the month of May. It showed 44 response events for Oakland PD. Among those were 31 traffic stops and one motor vehicle accident. Among the more interesting of the remaining dozen responses were these, one each: vandalism, fraud, domestic dispute, disorderly conduct, criminal trespass, and overdose/poisoning.

For the Codes Report, President Rhone reported that the long-standing dispute between neighbors over a crumbled retaining wall was fully resolved.  All work on the new retaining wall was completed prior to Memorial Day; CEO Shane Lewis has inspected and approved the completed project; both neighbors are well-pleased and happy with the result. In other Codes matters, President Rhone noted that a troubled structure on Prospect Street should present no more trouble by year’s end. The owner has promised demolition; the boro will be watching.

Finally, in Old Business, the borough is in receipt of a joint letter from State Senator Lisa Baker and State Representative Sandy Major. President Rhone read the full text of the letter, a response to the borough’s signing on to a letter formulated by New Milford Boro concerning gas leases. The gist of the letter was to explain why owners of properties within boro limits are generally not eligible to sign leases or receive gas royalties. Among the reasons were legal restrictions, unfeasibility due to property sizes, set-back restrictions, and the current downturn in economic conditions generally (making further drilling/extraction unprofitable), among other reasons.

At 7:56 p.m. Council adjourned the meeting. Next meeting is scheduled for the second Thursday in July. Where will the meeting be held? Stay tuned.

Compliance with the rules of the road and littering laws may well be a problem in most jurisdictions. But in Susquehanna Depot nonconformity with these laws is actually requiring major spending, as well as the time and attention of the borough’s municipal government and police force. The borough has what might well be the solution. Some will be uncomfortable with its implications.

Susquehanna Depot Borough Council met at 6 p.m. on Wednesday, June 8, for its regular monthly meeting. President Joe Varsik presided. Present for the meeting were Council members John Hendrickson, Barbara Larsen, Dana Rockwell, Roy Williams, Deborah Zayas, as well as Mayor Nancy Hurley and Secretary/Treasurer Margaret Biegert.

The first indication as to the impact of littering throughout the borough came during discussion of the Treasurer’s Report. Immediate present-day cost for litter was clarified when borough council found it necessary to rent a dumpster, at a cost of $471.84. To pay for the unbudgeted expense, Council combed through the current year’s budget in search of savings to be extracted. Ultimately council approved transfer of $501.00 from the economic community development board to cover the expense.

While council members agreed that this adjustment was a one-time event, it did not preclude what might be a repetitive need for dumpsters, if littering continues unabated. Council agreed that such expenses must be included in next year’s budget, unless there is significant behavior modification in the borough. Councilman Williams noted that DPW employees started every work day just picking up litter accumulated over-night. The unrelenting littering throughout the borough effectively taxes employee time and drains tax receipts from more productive uses.

In fact, heavy-duty littering--even dumping on Erie Avenue and Front Street--continues to be such a serious problem that council is moving to effect camera surveillance of those areas. While some on council expressed misgivings about what will amount to round-the-clock surveillance, dumping in and along the banks of Drinker Creek and the Susquehanna River has shown no let up. Tires are a particularly favored item for dumping in both areas.

Also coming in for camera surveillance will be the areas around both downtown traffic lights. It has come to the attention of borough officials that speedsters are flagrantly flaunting traffic laws in late-night and early-morning hours. Many motorists in these wee hours are effectively treating traffic signals as suggestions rather than controlling authorities. Consequently, law-abiding citizens are menaced and endangered by the scofflaws.

The cost for surveillance of Main Street, Erie Avenue, and Front Street will not be inconsiderable. In the protracted debate by council members prior to putting the project out to bid, it became evident that installation costs will be $20,000, at a minimum. Councilman Rockwell questioned the costs vs. benefits of the project. Councilman Hendrickson said, “Welcome to 1984!”  Nevertheless, when debate came to end, a roll call vote brought six “ayes,” with every council member present voting approval to put the project out to bid.

It should be noted that the project had already been put out to bid earlier this year, but questions arose as to a technicality in the bidding process, one that might invalidate the entire process. The solution: rebid the project with a roll call vote.

In other matters, Councilman Williams presented the DPW report. He explained that he had met with a PAWC representative to explain the borough’s new excavation ordinance. PAWC’s rep noted that the water company had three major projects scheduled for this year: (1) on West Church Street, (2) from Willow Avenue to Main Street, and (3) along Turnpike Street. The Turnpike Street project will be completed in conjunction with a PennDoT project which will lay new sidewalks.

Also in DPW, Mr. Williams reported a new traffic light will be placed on June 14 to control traffic flow--down to one lane--on Franklin Avenue. Traffic on Franklin Avenue will be constricted and those who can use alternate routes are advised to do so.

Emergency Management Coordinator John Hendrickson had no report for this month, but advised everyone, “Have a safe and wonderful summer.”

Mayor Hurley presented the Police Report for the month of May. It showed 40 police responses. Twenty-one of the 40 were traffic related, including stops, accidents, suspicious vehicles, and traffic pursuits. Of the remaining 19, there were domestic disputes (4), miscellaneous investigations (4), vandalism (2), and one each of the following: burglary alarm, animal, assist in service, disorderly conduct, fraud, harassment, lost/found property, miscellaneous, and courtesy transport. Mayor Hurley also read a letter from the Stone Bridge Lions Club recognizing Chief Bob Sweet for his exemplary and commendable service at their May 21st event.

Shifting back to Councilman Williams, the Codes Report showed issuance of 37 citations to borough residents for failure to mow their grass to borough code specifications. All of these citations resulted in fines of $50. Second offenses will result in fines of $100.

Mr. Williams also noted that three condemned structures had already been demolished this year; by the end of this year another five will come down. Concerning removal of shade trees within the right-of-way, bids have been received, but there exists some uncertainty about whether all required services are included in the bid submitted by what appears to be the low-cost bidder. Council agreed that no bid should be accepted until the matter is clarified.

Finally, council reminded that Hometown Days are July 21-23. Information about the event--and much, much more--is included on the borough’s revitalized and newly-relaunched website: susquehannaborough.com. Runners in this year’s 5-K will have electronic chips in their race-issued bibs to record their time as they finish the race.

Council wrapped up their meeting just shy of 7:30 p.m., before detouring into a short 10-minute executive session for discussion of a legal matter.

Next council meeting is scheduled for Wednesday, July 6, a week earlier than usual to accommodate summer vacation schedules. Meeting time remains 6 p.m.

Starrucca Borough’s Monday, June 6, 2016 meeting presented new twists in the borough’s years-long saga over its responsibility for Kellogg Road. Council President Kirk Rhone announced that the borough had reached tentative agreement with Darl Haynes to resolve all outstanding issues and litigation separating the parties. (See related story, “Attorneys Comment on Haynes v. Starrucca.”) However, the climactic discussion, motion, and vote will have to await a future, perhaps next month’s, meeting.

Regular readers will recall that boro council had agreed by a 3-2 vote at April’s meeting to solicit bids for a four-step process to revitalize the upper half of Kellogg Road. Then-Council-President Peter Frank stated emphatically that it IS the borough’s intent to maintain Kellogg Road, and the borough secretary Keith Payne was directed to send correspondence to Mr. Darl Haynes notifying him of the actions being taken.

At May’s meeting, by a series of 3-2 votes Council reversed course to pass four motions offered by Councilman Lou Gurske. The “Gurske Motions” concerning upper Kellogg Road placed moratoria on the bidding process and on the road’s maintenance & repair work. One of the motions required the borough to notify Darl Haynes of maintenance work that would be performed only on lower Kellogg Road, while no work would be bid on upper Kellogg Road. In reaction to passage of the Gurske Motions at May’s meeting, Councilman Darl Haynes requested his counsel be provided copies of the motions before mediation of the case on May 25 in Wilkes-Barre. Councilman Gurske responded that only one of the four motions could be provided, namely the letter notification, previously referenced, to Mr. Haynes. The other motions, Mr. Gurske insisted, could not be released because the meeting minutes had not yet been approved.

Against that backdrop, President Rhone called the meeting to order at 7 p.m. And in a surprise move he asked the audience, still standing from the Pledge, to immediately evacuate so that council could conduct an executive session for discussion of legal matters.

When the audience was recalled and reseated at 7:11 p.m. approval of the May Minutes was the first order of business. Councilman Gurske made the motion to accept, but only after three calls for a second did Councilman Jason Heeman speak up. The minutes--yes, the May Minutes with Gurske Motions--gained passage, but only by the most slender margin, a vote of 3-2-2. Councilman Peter Frank joined with Councilmen Gurske and Heeman to approve. President Rhone and Councilman Art Kopp opposed. Councilmen Darl Haynes and Donald Haynes, Jr., abstained.

Next followed the Treasurer’s Report, Accounts Payable Report, and Bills to be paid. The Liquid Fuels opening and closing balances on May 2 and June 6, respectively, were little changed in the $26,000-plus ballpark. The UCC account remained unchanged at $659.72. The General Fund had an opening balance of $8,598.43 as of May 2, and a closing balance of $7,134.00, as of June 6.

With that $7,134.00 in hand, some $8,933.11 in bills was presented for payment. The boro’s biggest creditor, Lavery Law, presented invoices totaling $7,135.28. Additionally, Councilman Darl Haynes made a motion to pay off the Buck’s Road Bridge loan, totaling another $3,554.48.

Council voted 4-2-1 to approve payoff of the Bridge loan, with Councilmen Gurske and Heeman voting “no,” and President Rhone abstaining. President Rhone then made motion to approve payment of all outstanding bills, excluding Lavery Law’s bill for $7,135.28. His motion was approved by a vote of 3-2-2, with Councilmen Gurske and Heeman voting “no,” and both Haynes Councilmen abstaining. Secretary Payne reported the borough’s General Fund balance would fall to $1,781.69 with payment of the Bridge loan and all bills, except Lavery Law’s.

Among the more interesting items in the borough’s correspondence were two letters from Marshall Dennehey (law firm) concerning Ghost Properties, LLC. The first letter advised that the plaintiff was moving the case to federal court; the second that Pre-trial conference has been moved from October 14 to October 17.

Public participation brought comments and questions from three members of the public and one on council (speaking as a private citizen). Former Council President Jack Downton used his time (and more) to present historical documents to council for the purpose of “helping them to fight the Haynes lawsuits.” Present President Kirk Rhone thanked Mr. Downton, presumably for his helpfulness and continued support.

Next up was a resident who made inquiry if a change in road signs could be made. The problem is that he, as well as several of his neighbors, receives mail intended for residents over in Sherman, PA. The residents along the same named road in Sherman are likewise receiving mail for residents of Starrucca. Apparently, both roads carry signs as Buck’s Road. But, the resident insisted, in Starrucca the signs should more properly signify the roadway as “Buck’s Falls Road.”

Another resident inquired as to the feasibility of the borough doing a better job of maintaining the borough’s memorial to veterans. Council members responded with questions. General consensus suggested a better job could be done.

Finally, Jason Heeman, speaking as a private citizen, inquired if the borough had a deed?  Blank stares ensued; no one knew. In response, Mr. Heeman submitted a Right-to-Know request to Secretary Payne so as to ensure a search for the answer is conducted.

Before closing, President Rhone asked once again if there was a volunteer to serve as the borough’s Emergency Management Coordinator.  His request, like those of March 7, April 4, and May 2, fell on deaf ears. So adjourned the meeting at 7:50 p.m.

July’s meeting will be a day later than usual since Independence Day falls on the first Monday of the month. Tuesday’s meeting may be memorable for more than that 24-hour delay.

Attorneys Comment on Haynes v. Starrucca

On May 25, 2016 parties to the Haynes v. Starrucca Borough Federal Civil Rights case met for mediation hoping to resolve said case.

Borough Council President Kirk Rhone announced at Starrucca’s monthly meeting on Monday, June 6, 2016 that a tentative settlement had been reached, but no details were made public at that meeting.

To provide the public with the most up-to-date information on the status of the litigation, attorneys for both plaintiff and defendant were contacted. Herewith are their comments verbatim.

Harry Coleman, Attorney for Darl Haynes:

“The terms of settlement are as follows:

1. MONATARY PAYMENT TO MR. HAYNES.

2. KELLOGG ROAD SPECIFICATIONS, REPAIR AND MAINTENANCE.  The Borough has acknowledged Kellogg Road (“Road”) from the intersection of State Route 4014 to the municipal boundary line past the Plaintiff’s property is in fact a Borough Road. The Borough agrees that Road maintenance and Road Improvement will be undertaken and made whenever necessary to maintain Kellogg Road in good operating condition at all times and to insure the provision of safe access by municipal, emergency and public vehicles.  Kellogg Road will be maintained and snow plowed so as to permit year round access. The Borough will contact the Pennsylvania Department of Transportation local liaison who will review the road specifications relative to the improvement of Kellogg Road to insure the Road will be appropriate for Liquid Fuels reimbursement.  The Specifications will also be provided to Haynes for review with the contractor.

3. MAXIMUM EXPENDITURE OF FUNDS ON ROAD ($35,000.00). The Borough agrees to expend the maximum sum of thirty-five thousand ($35,000.00) for construction/restoration work on the portion of Kellogg Road from the Haynes Driveway to the municipal boundary line.  The Specifications for the Project will be prepared by July 1, 2016 so that advertisement for the Bids can be conducted following July 1, 2016 with Bid Openings to occur in August 2016.  It is anticipated the work will commence on or before September 1, 2016.

4. MUTUAL RELEASES. The Borough and Haynes will execute mutual Releases within the next forty-five days.

5. DISCONTINUANCE OF LITIGATION AND INCORPORATION OF TERMS INTO AGREEMENT AND COURT ORDER ADOPTING AGREEMENT. Haynes agrees to discontinue the Wayne County Court of Common Pleas action without prejudice within forty-five (45) days.  The parties’ agreement will be reduced to an Agreement that, following execution, will be presented to Judge Robert D. Mariani of the United States District Court for the Middle District of Pennsylvania for consideration and adoption into a Court Order.

This is a good result for Mr. Haynes and the Borough as the Borough will now be entitled to State Liquid Fuels money for the entire section of Kellogg Road.”

Robert G. Hanna, Attorney for Starrucca Boro:

“At the start of the Federal Lawsuit I was assigned by the Borough’s Insurance Company to defend the Borough. When the Insurance Company denied coverage, the Borough had the option to continue to pay me to defend the Borough which they decided to do. I realized immediately that if the Borough paid me to defend through pretrial discovery and trial that they would have to spend a lot of money which they do not have. My recommendation was to ask the court to assign this matter to a mediator which was done. As you know we went to Mediation and with the help of the Mediator and the cooperation of all parties a tentative agreement was worked out. I am currently working on the drafting of a settlement agreement. That agreement does not become final until a public vote is taken. I assume that will take place next month.

The agreement does not require the Borough to immediately pay out any money but is structured to resolve all disputes Mr. Haynes has with the Borough with monies to be paid as the Borough in good faith is able to obtain financing.

In a section 1983 lawsuit a Plaintiff must allege and prove the violation of a Federally protected right by the Defendant. If the Plaintiff prevails his attorney may seek attorney fees to be added onto the settlement per 42 USC Section 1988. Together with our fees, the numbers could be two or three times what the case settled for. Such a result would be very bad for the Borough. Settlements are always compromises. This was a compromise that made sense to the people at the Mediation. In addition all other disputes between Mr. Haynes and the Borough are resolved.”