Controversy Clouds Case Closures
By Kerri Ellen Wilder
"YOU ASSAULTED ME!" So shouted Starrucca Councilman Lou Gurske at fellow Councilman Donald Haynes, Jr. Mr. Haynes, already having leapt to his feet, retorted, "YOU HIT ME FIRST!" "Yeah, but that was 'accidentally,'" shot back Gurske. Moments later Starrucca Borough Council adjourned hastily from its Monday, September 19, 2016 Special Meeting. Tempers had flared many a time in the preceding 90 minutes, and not a few intemperate words had been voiced by Councilman Gurske.
The Special Meeting was advertised as a meeting called for the purpose of "borough business." The 7 p.m. meeting kicked off with President Rhone directing Secretary/Treasurer Keith Payne to read the borough's ad for this meeting.
Following that, President Kirk Rhone directed reading of a recent court order. Secretary Payne read, "In the Court of Common Pleas of the 22nd Judicial District, Commonwealth of Pennsylvania, County of Wayne, Jack Downton, Kathy Downton, Thomas Galiardo, Robert Martin, Delores Martin, Paul Everett, Loreda Everett, Frank Monico, David Soden, Peggy Soden, Robert Weldy - Plaintiffs vs. Starrucca Borough and Darl Haynes - Defendants, Order; and now to wit, the 6th day of September, 2016, it is the Order of this Court that Plaintiffs' Petition for Preliminary injunction is DENIED. It is further ordered that Defendants shall file their answer to Plaintiff's Complaint within 20 days from today. By the Court, Robert J. Conway, Senior Judge"
From there, President Rhone directed Secretary Payne to read an email dating from October 30, 2015, from then-Councilman Paul Everett to ALL (presumably all serving borough council members who had email service), "I have read Tony Waldron's email and the decision of the court [Case NO. 515-CIVIL-2013, in the Court of Common Pleas of the 22nd Judicial District]. It is time to move on and completely comply with the court even though the taxpayers of Starrucca Borough are going to have to pay for road improvements on Kellogg Road to the mark set in the 2007 Resolution. I may disagree with the court, but I intend to fully respect all rulings of the court. That is all my thoughts on this long-standing issue. I am sending this by email so it may be available for the November [2015] public meeting. Regards, Paul Everett."
President Rhone then directed Secretary Payne to read the email from Attorney Waldron referenced in Councilman Everett's email. Secretary Payne began, "On October 30, 2015 at 7:03 a.m., from Anthony Waldron, Subject - Court Decision: 'To Starrucca Borough Council, Jack and Council, I received the attached decision in my office on Monday.. . It is obviously disappointing and frustrating, given the basis for taking the action to vacate the road and the inability to get a proper determination of the boundary line. I feel bad that most of our efforts have been in vain with respect to dealing with the Kellogg Road and the Haynes. I can understand if you do not want me to represent the borough any further, but if you still want me to come to the meeting this Monday night, November 2, [2015] I can still attend. Tony Waldron'"
Having laid down the full pretext for the meeting itself, President Rhone announced, "Next, we're going to go through this Kellogg Road Maintenance Agreement, Settlement Agreement, & General Release. Does every member of Council have a copy of this?" Those members not having a copy were provided one. Those present for the meeting included Councilmen Kirk Rhone, Arthur Kopp, Charles Levchak, Lou Gurske, Jason Heeman, Darl Haynes, and Donald Haynes, Jr. Also present were Mayor Mary Ann DeBalko and Secretary/Treasurer Keith Payne. The meeting was only lightly attended by the general public.
From this point of the meeting to final settlement at meeting's end, every provision of the detailed agreement was read by Secretary Payne. The provisions were debated, discussed, negotiated, and contested - sometimes, hotly - until the matter was voted upon. There were more than half a dozen changes made along the way. Darl Haynes, acting in his private capacity, provided consent as to his side of the settlement while the other borough council members had to come to agreement on their side. The agreement itself had been substantially hammered out in mediation at Wilkes-Barre on May 25, 2016, but the devil, it seems, is always in the details.
During the reading of the settlement provisions Mayor Mary Ann DeBalko brought up a number of issues for discussion and clarification. She also proposed a few changes. Darl Haynes, and Council on the other side, sometimes agreed to changes, while concerning others accepted the status quo of May 25th's mediation.
Throughout the Special Meeting, Councilman Gurske remained steadfastly opposed to settlement and loudly, loquaciously, and laboriously expressed his dissatisfaction with the settlement and this meeting's format for reaching final settlement.
At 8:06 p.m. Council, nevertheless, arrived at the point where Council President Kirk Rhone made motion "to accept the Kellogg Road Maintenance Agreement, Settlement Agreement, & General Release with changes, as made tonight." Councilman Kopp seconded the motion. Voting in the affirmative for the motion were Councilmen Rhone, Kopp, and Levchak. Opposing were Councilmen Gurske and Heeman. Councilman Donald Haynes, Jr., abstained from the vote. Councilman Darl Haynes did not participate in Council's vote, but instead asserted his consent to the settlement in his private capacity.
Immediately after passage of the motion, President Rhone directed Secretary Payne to prepare a corrected copy of the agreement, obtain signatures, and send copies of the document to attorneys Hanna, Beardsley, and Coleman, along with copies of the meeting minutes.
With specifications for Kellogg Road's initial road maintenance embedded within the settlement document, President Rhone made motion to bid out the road in accordance with those specs. Councilman Levchak seconded the motion. Voting in the affirmative were Councilmen Rhone, Kopp, and Levchak; those opposing and abstaining were the same as those for the previous vote. Councilman Darl Haynes had departed the meeting just prior to this vote. The motion to bid out Kellogg Road passed.
At this point in the meeting Councilmen Gurske and Heeman brought up a motion to pay Lavery Law's legal bill, currently standing in excess of $10,000. Councilmen Gurske and Heeman voted in the affirmative. Councilman Donald Haynes, Jr., abstained. Councilmen Rhone, Kopp, and Levchak opposed. Motion to pay Lavery Law failed.
For public comment former borough council president Jack Downton was not at a loss for words. He was kind enough to tell the current council that this special meeting was not correctly advertised. Secondly, he questioned who had drafted the settlement agreement. (Attorney Harry Coleman was the drafter.) From there, Mr. Downton launched into an interrogation of each individual councilman as to the passability of Kellogg Road in the near past. Each councilman who was questioned acknowledged that Kellogg Road had been passable at the time he had transited the roadway.
When it became clear to President Rhone that Mr. Downton would likely continue in protracted interrogation, President Rhone astutely informed Mr. Downton that his three minutes were up. Councilman Gurske, proclaiming settlement to be a travesty of justice, had become quite agitated by this point and was gesticulating wildly. In those gesticulations he apparently made physical contact with Donald Haynes, Jr., who was seated next to him. That was the proximate cause which led to the events of this article's opening paragraph. Council quickly approved a motion for adjournment and evacuation of the Community Hall proceeded expediently.
Starrucca Borough's next regular monthly meeting is scheduled for the first Monday in October.
Due to general public interest Starrucca Borough's Kellogg Road Maintenance Agreement, Settlement Agreement, & General Release with Darl Haynes will, when made available, be published in this paper.
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Owens Returns to Harford Board
By Ted Brewster
Letters from Conrad Owens resigning his seat on the Board, and then rescinding his resignation, that occasioned much acrimony at a meeting last month were once again at the top of the agenda when Doug Phelps and Sue Furney opened the Harford Supervisors’ September meeting on the 20th. Mr. Phelps started off by skipping over that item. It was taken up again once the township’s solicitor, Jamie Hailstone arrived.
Mr. Owens has missed the last two monthly meetings. Mr. Hailstone reported, however, that Mr. Owens “does want to be a Supervisor.” Mr. Hailstone then recommended that Mr. Phelps and Ms. Furney welcome him back, and said that it was not necessary to act on either letter.
There was a fairly large crowd for the tiny township office this month, but a much friendlier one, as the Supervisors worked through a more or less routine agenda.
One topic not on the agenda but looming in the background was the recent indictment of David Klepadlo on federal charges related to the Clean Water Act, including fraud in the submission of reports to environmental authorities for sewage systems in Greenfield and Benton townships. Mr. Klepadlo and his company designed, built — and, for $2,400 per month, continue to manage — the Harford Township sewer system. The bill list showed a payment of $50,000 to Mr. Klepadlo’s company as the township begins a $2 million project to renovate and upgrade its 21-year-old sewer system.
There was no reference to Harford in the federal indictment, but some asked what the implications might be, for example, if Mr. Klepadlo becomes preoccupied with his legal troubles. No one could answer that, of course. Yet Mr. Phelps noted that the absence of any reference to Harford in the federal action was “a good sign that everything is fine here.” Mr. Hailstone said that the funding agency, the U.S. Department of Agriculture, is satisfied that at least so far “everything he’s done is above board.” He said that since the project is in its “early stages,” “we’re in the dark” about Mr. Klepadlo’s future work for Harford, but that the situation would be discussed in an executive session planned for later in the evening. Mr. Phelps assured his listeners that the Supervisors are considering other options and contractors, just in case.
Mr. Phelps recognized a representative of the Harford Ballfield Association who thanked the Supervisors for their support in the maintenance of the field in the village, and then proceeded to ask for more. He said the field was used for some 35-40 games this year; the group left the Little League program in favor of the Cal Ripken Baseball organization, which allows them to start the season earlier, and play more games. The Association asked the Supervisors for help with more drainage work, estimated by contractor Rock Estabrook at about $3,000. Properly drained, the field could also be used for soccer. The Supervisors gladly offered up to $3,500 for support of the project.
Mr. Estabrook was also chosen as the low bidder — at $90 per hour — on a project on Lower Podunk Road partly funded by a grant from the Soil Conservation Service. Local “in-kind” resources will include some pipe and some labor; the Supervisors will also contract for the use of a “mini-excavator” as more suitable for this work than the township’s own backhoe.
Mr. Estabrook was also the low bidder, at $4,800, on a project to repair an outlet near a guardrail on the Plank Road hill where the township’s backhoe also won’t work.
The heavily-used 1995 Mack truck is coming up for inspection without a securely attached hood. The hardware attaching the hood is “rotted” out and the township has had some trouble finding a replacement. Cook Brothers can provide one (unpainted) for about $2,500. An observer in the room suggested that he might know of a source for a suitable replacement at a lower cost. The Supervisors approved the cost while hoping for a better deal.
The township’s own roller is broken, so they have been renting one from Cleveland Brothers by the month. The arrangement is a “rent-to-own” deal where the first three months can be applied in total to the purchase price. The 3 months is about to end, so, what to do? Mr. Phelps wants to delay a decision for more information, including suggestions from his audience that renting such a thing for the 3-4 months a year it would be used might be a better approach than buying a machine that will have to be maintained yet sit unused for much of the year.
The Supervisors are also considering the purchase of a new boom mower. Mr. Phelps acknowledged that no mowing could be done this year, but expects to consider a purchase in upcoming budget deliberations for next year.
One problem the township is facing is lack of manpower to handle much more than routine road maintenance and winter snow plowing. They have received some applications for a third full-time employee that they will review for upcoming interviews.
Fortunately, with money available from the “impact fees” on the gas industry, the township has been able to contract out a number of projects to renovate the worst roads and their ditches. In fact, the bill list this month shows some $33,600 paid to contractors from that fund last month. Another $115,900 was spent with contractors on a major project to refurbish White Road, most of which will be reimbursed through a grant.
The township received an offer of some land by a property owner on Cobb Road that could be used as a “turnaround” for snowplows and other vehicles. The Supervisors didn’t seem inclined to accept the offer, in part because of the complexity of such a land transfer, but also because equipment needs to go well beyond that property before turning around at the dead end. So the matter was tabled for further consideration.
Similarly, a letter and suggested resolution received from a recently organized group called the “Susquehanna Clean Air Network” will be held for review by the township’s solicitor. Since he was there at the meeting, he offered — not having had a chance yet to review the proposed resolution in detail — the opinion that such a resolution is “innocuous” and would do no harm, if in fact it did anything at all. Resolutions of this sort — supporting the effort to block a proposed incinerator in New Milford Township — generally have no legal force anyway.
And finally, a resident of the Tyler Lake Road area complained about the condition of his road. The township has been reluctant to put too much into that road as long as the litigation with a group of residents continues. But Roadmaster Jim Phelps promised to get to it by next week sometime.
The long-running Tyler Lake Road legal situation may be resolved before the Supervisors’ October meeting. A trial is scheduled for September 29-30, but there have been hints that a settlement may be near that would close the issue outside of the courtroom.
The Supervisors have scheduled a pair of workshops to develop a budget for next year. They will be open to the public on October 10 and October 17, at 3:00pm at the township office. The October business meeting is scheduled for the 18th, beginning at 7:00pm.
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Susky Directors See Progress
By Kerri Ellen Wilder
SCSD Directors oversaw a wide array of improvements at their September 2016 monthly meeting. School Board Vice-President Clay Weaver presided over the 7 to 7:33 p.m. meeting on Wednesday, September 21. Other Directors present for the meeting were Lori Canfield, Amanda Cook, Evelyn Cottrell, and Jamie Koziol. School Board President Steven Stanford and Directors Carol Jackson and Martha Stanford were absent. Others present for the meeting included District Superintendent Bronson Stone, High School Principal Carmella Bullick, Business Manager Gary Kiernan, SCEA (union) President Lawrence Tompkins, Special Education Director Joni Miller, and Facilities Manager Kevin Price.
Facilities upgrades might well be the most obvious improvements to the casual observer. Mr. Price reported that the vinyl covering upgrade on bleachers has been completed. Also completed is the renovation and resealing of the elementary school's roof. The new roofing carries with it a 20-year warranty, with regular summer and fall maintenance for any problems that might arise. Beside these two projects, Mr. Price added the good news that the district's water supply had been tested for lead – and found to be completely lead-free.
A facilities upgrade of another type was proposed by Principal Bullick. She reported that the old sewing room in the Home Economics department was being converted into the high school's new “Saber Spirit Closet.” She noted that the operation would be open during lunch periods, after school, and during school events open to the public when volunteers are available. Items for sale will include apparel, school supplies, bags, blankets, “spirit gear,” and prize vouchers (provided by the school's mentor program). The program is designed to become self-sustaining and supportive of the school's mentor program over the long-term. Start-up funding is through the Zimmermann Foundation.
Superintendent Stone discussed the district's data storage move to the “cloud.” He noted that student work files are already stored in the cloud. Additionally, cloud storage has the advantages of reducing district Micro Soft costs, as well as the costs of buying and maintaining servers, while offering the advantage of increased (Google) security. Nevertheless, Mr. Stone noted that more study is needed before confidential/sensitive files are moved to cloud storage. The movement of those files might necessitate upgraded insurance to cover data breach/cyber extortion threats. For the time being, the district will continue to maintain one server for confidential records.
In the evening's only recorded roll-call vote Directors approved a new three-year contract with Infradapt for the district's phone system – at a rate of $1,911.03. Directors present voted unanimous approval.
Superintendent Stone reported, “School is off to a great start.” He added that the district had enrolled 61 new students – not a net increase of 61 – from 30 families new to the district. The increase in students has led to some changes in patterns of staffing for appropriate accommodation, particularly at the second grade level and in the transportation of students.
In other developments, union President Tompkins recognized two individuals, Michelle Cina and John Ord, for their technological savviness, a quality which makes it possible for the teaching staff to fully utilize the latest technology. Business Manager Kieranan noted that Brian Kelly & Associates would begin their work on-campus to audit the district's 2015-16 books starting September 23. Mrs. Miller noted that the district's Life Skills Course would begin on September 28.
School Directors approved five PSBA policies for the district. Those policies covered the following topics: Sudden Cardiac Arrest (#123.2), Food Allergy Management (#209.1); Service Animals in Schools (#718); Hazing (#247); and Investment of District Funds (#609,Vol. IV). Mr. Stone briefly commented on the Food Allergy Management policy. He thanked the parents of district students who have refrained from sending baked goods/cupcakes to school. So many students nowadays have food allergies that the district has gone to great lengths to develop allergy-safe recipes for the safety of all students; home-baked products do not take ALL allergies into such consideration. Interestingly, Mr. Stone added that food allergies are now actually classified as a “hidden disability” by the U.S. Department of Education's Office for Civil Rights, under Section 504 of the Rehabilitation Act of 1973.
Other items on which School Directors completed action included:
- Approval of the Child Evangelism Fellowship of Susquehanna County release time for the 2016-17 school year;
- Approval of video streaming services [through WVIA] for the 2016-17 school year; and
- Approval of use of campus facilities for various events/activities by numerous community-based organizations.
Next meeting of SCSD Directors is scheduled for the third Wednesday in October, work session at 7 p.m. on the evening preceding.
* * *
Susquehanna Community School District Board Directors took the following personnel actions during their regular meeting on Wednesday, September 21, 2016.
Approved, pending all appropriate clearances, hiring of the following: Barbra Presley – Basketball cheerleading advisor for the 2016-17 season; Aaron Callender – Head J.H. football coach for the 2016 season; Steven Frye – Girls volleyball books for the 2016 season; Matt Misiura – High School after-school tutoring; Elizabeth Updyke – High School after-school tutoring; Jennifer Rockwell – Substitute High School after-school tutoring; Jennifer Rockwell – Tutor two hours per week.
Approved hiring of the following: Stacie Hilton – Part-time food service; Debra Stone – Elementary after-school program teacher; Katherine Edwards – Elementary after-school program teacher; Kim Marco – Elementary after-school program teacher; Evelyn Gerchman – Elementary substitute teacher; and Gloria Glidden – Elementary after-school program teacher.
Approved, pending all appropriate clearances, the following Volunteers: Jeremy Wayman – J.H. football volunteer for the 2016 season; Kristin Potter – Drama Club volunteer for the 2016-17 school year; Michelle Kiernan – Girls basketball volunteer for the 2016-17 season; Michael Iveson – Girls Grades 5 & 6 basketball volunteer for the 2016-17 season; Megan Gall – School volunteer for 2016-17 school year; Ashley Miller – Student Council volunteer for the 2016-17 school year; and Nickie Shimer – School volunteer for the 2016-17 school year.
Approved the following resignations: Wendy Roe – Part-time food service, and Robin Glidden – Girls J.H. softball coach.
NOTE TO READERS: The phrase “pending all appropriate clearances” is directly linked to state law, effective January 1, 2015, requiring a heightened level of investigative background checks for all volunteers, district employees, and contractors.
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Last modified: 09/27/2016 |
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