The Blue Ridge School Board’s workshop on September 26th was prefixed by a brief ceremony at the Outdoor Classroom on the upper level outside of the Elementary School.  The new facility, used primarily for Elementary School classes in the Spring and Fall when the weather cooperates, had the look of a picnicking pavilion on this gloomy evening.  But it wasn’t the gloomy weather that brought tears to the eyes of the extended family of Robinsons who gratefully accepted its dedication to the memory of patriarch Rob, late proprietor of Rob’s Country Market in the plaza at Hallstead.

Long-time Robinson family friend, night manager at the Market, and school board member Edward Arnold presented a plaque to the family, recalling Mr. Robinson’s generous contributions to the schools, many of them anonymous.  Mr. Arnold said that his friend often told him that he wanted to give something back to the community that gave him so much.

Family members accepting the honor included Mr. Robinson’s wife, Barbara, his daughter, Christin Coppola, her husband, Anthony (the new owner of the Market), and their 3 children, Rob’s grandchildren, Lydia, Anthony and Joseph.

Matthew Nebzydoski, Principal of Curriculum and Instruction, and Superintendent Matthew Button, unveil the sign on the pavilion dedicating the outdoor classroom to the memory of Rob Robinson, and the family that gratefully accepted the commemoration

Once the Board’s workshop got under way, President Chris Lewis recognized School Counselors (not “guidance counselors,” according to Board member Christina Whitney) Jessica Boyko (Elementary School), Shauna Williams (9th & 10th grades), and Paula Finn (High School) for a presentation on their activities under Chapter 339 of the Pennsylvania School Code, which requires a counseling plan for all grades, K through 12.

Ms. Boyko told the Board that her efforts are focused on building character and skills, with career awareness a secondary objective that becomes more significant in the later grades, as explained by Ms. Williams, who said she also offers guidance in life skills, including drug and alcohol counseling.  Ms. Finn follows through on all of that with career “exploration,” including field trips to the Susquehanna County Career &  Technology Center (SCCTC) and “job shadowing” that allows students to observe actual worksites and opportunities.  She is responsible for counseling on all types of post-secondary options, including college, of course.

Mr. Nebzydoski added that Southwestern Energy has sponsored a program in cooperation with Junior Achievement of Northeastern Pennsylvania for high school students.  Junior Achievement promotes entrepreneurship, financial literacy and work readiness in secondary schools.

Mr. Lewis was especially pleased with the efforts of the counseling staff involving parents in their work, and hoped to see further development of parent-school activity.

During the brief workshop, Mr. Button introduced Board members to the thick volume before them, the new “comprehensive plan,” another of the mandates required by the state Department of Education. He said that the committee that developed the plan included several parents.  The plan will be formally available for review (including on the District’s website) following the Board’s preliminary acceptance at the next business meeting a week hence.  It will be presented for formal adoption in November. 

Mr. Button said that, among many other things, the plan emphasizes the District’s development of a STEM “initiative,” calling on the schools to focus more attention on Science, Technology, Engineering and Mathematics. 

Mr. Arnold, chair of the Board’s Facilities, Grounds and Technology Committee reported on a day-long “security survey” conducted by the State Police.  He said that the officer roamed all over the campus, including even the roofs.  As one example of the sort of thing that was turned up by the inspection, Mr. Arnold said that the Trooper pointed out that during one hostage situation, the pair of handles on outside doors had been chained together.  Mr. Arnold said that he requested that at least one of the handles be quickly removed.  A formal report will be forthcoming.

Jessica Wright, chair of the Board’s Transportation Committee, deferred to Business Manager Brian Dolan for a report on the buses.  Mr. Dolan told Board members that the new radios with which all of the buses are equipped have been “absolutely fantastic” for providing real-time information and have been enthusiastically accepted by the drivers.  The District is compiling data from the drivers in an effort to further improve the bus routes; contract revisions may be forthcoming.  He also wants to make sure all of the “spare” buses, required to be available by contractors, are also equipped with radios and cameras.

Mr. Lewis announced that the Board met in executive session to discuss personnel and legal issues, but did not offer further details.

The Board will meet for a business session on Monday, October 3, 2016.  Meetings generally begin at 7:00pm in the cafeteria in the Elementary School.  Check the calendar on the District’s website for the latest information, particularly regarding committee meetings.

The September 21st New Milford Township meeting was again held in the township's garage, and again had a larger than normal attendance (though perhaps larger attendance had become the new normal).  It was later estimated that approximately 50 were present; several people were standing. As this reporter arrived, there were people selling and giving away anti-incinerator t-shirts both near the municipal building and across the street.

Mr. Ferenczi was absent from the meeting. For the second month in a row, the township solicitor was present.

Mr. Briechle, the township's solicitor, again provided updates regarding the incinerator near the meeting's beginning. He noted that several things had been reviewed at the previous meeting, saying he wasn't going to go through those items again. After that meeting, he related, he had attempted to contact chief counsel for DEP, and around August 24th he had received a call from an attorney who was with the office of chief counsel in return. This man had indicated that he was fully aware of what was going on, and they exchanged information about the township's consideration of an ordinance which would enact and enforce stricter air quality limits, and the nature of such an ordinance. Mr. Briechle had asked him if he would be amicable to a meeting with DEP and maybe certain groups that would be concerned about the construction of an incinerator, and he responded that he would look into it. Mr. Briechle said he would follow up again. He said they had also received an e-mail from Attorney Ewall where he had provided a quote from an organization in Virginia that did some work within the environmental field they were talking about, which Mr. Ewall felt might be of assistance with setting limits for such an ordinance. Mr. Briechle and two attorneys from Eckert Seamans had spoken with a representative of this group. They had also spoken with a consulting firm with Pennsylvania that had some significant experience with air quality, townships and engaging in permit writing for entities. He said there were some interesting ideas they were exploring and that there had been some technical discussions that occurred.

Mr. Briechle also provided a clarification, from an e-mail Mr. Ewall had recently sent him. He had discussed at the previous meeting information he had received from Peters Township that suits were filed after an ordinance was enacted there. Mr. Ewall asked him to clarify that he believed those suits had been filed before the ordinance and weren't effected by it.

The supervisors had received a resolution from the Oakland board of supervisors. Mr. Briechle related its contents. They had adopted a resolution urging the supervisors of New Milford Township and the county commissioners to adopt an ordinance setting the strictest possible emissions limits.

The Tyler Corners Press Release was noted and put into the record. Copies were also made available to the public as they entered the meeting.

Mr. Briechle then began reading the names of those who signed up to speak. A visitor asked if Tyler Corners had closed on the land deal yet; it was responded that the township didn't have that information at that time.

Sue Pipitone said she appreciated all the work the supervisors had been doing, meeting with DEP and looking into an ordinance. She asked if the board had decided to move forward with an ordinance if they got the legality of it worked out, or if they were still considering it. She said they had been talking about it since May or June, and it was September. She asked how long it would take; Tyler Corners was moving forward.

Mr. Briechle responded that the supervisors had asked him, with the assistance of Siemans Eckert, to draft an ordinance. The intricacies of the ordinance were significant. He said the township had to work through both DEP regulations and EPA standards, so they were dealing both on the federal and state levels. She said they were ahead of the game in May; he said he didn't know if they were ahead of the game then, he thought they were much more ahead of the game at the current time. He had been on the phone repeatedly speaking to multiple individuals, and what they were doing was exceedingly complicated. The fact that they were at the level of talking with technical experts about how to work through issues, he asserted, was a significant leap forward. He didn't think they should expect to have a time limit, because as they worked through the first level of discussion, it opened new levels of consideration. He said some discussion with DEP would be relevant.

Ms. Pipitone opined that they were on a time line, because once the company invested significant funds on engineering plans and purchasing land they wouldn't be as willing to back down. She felt that as a township they did have the right to make an ordinance with more strict regulations.

It was replied that the statute specifically stated they couldn't have an ordinance with regulations less strict. Mr. Briechle said it wasn't just a matter of setting a level, or saying that a certain level of emissions not be exceeded. The way DEP and the EPA regulated it was a model. This was confirmed not only by the Liberty Consulting Group (the PA Group), but also the Virginia Group suggested by Mr. Ewall. He said it was far greater than saying that someone couldn't go beyond a certain point; if they were to do the ordinance correctly they had to do it so that it would withstand scrutiny. At a basic level, the consultants recommended by Mr. Ewall and the others they had spoken to basically had that same theory. He asserted that they were far better off, in his opinion, than they were in May. They were plugging forward, and the goal was to have a working document in the next few weeks, though it could then go through 100 revisions.

A woman tried to speak, and she was denied-as she wasn't a township resident. Another woman, who was a township resident, asked if Tyler Corners had applied or was in the process of applying for the permit. Mr. Briechle responded that all the township could say was what the press release said, which was that they had met with DEP. The woman asked if the company would have to honor the clean air ordinance if construction began before it was passed. Mr. Briechle stated that was a legal question he couldn't answer that evening.

Ms. Hinds asked if it was a done deal, the incinerator was being built, so that now they were talking ordinances. Mr. Briechle replied that he didn't represent Tyler Corners, and all he could say was what was in the press release. His understanding was that the company hadn't submitted anything, that the meeting with DEP was a pre-permit meeting, but once the formal process was begun they would provide the township with notice. The woman asked what the formal process was for the public to say they didn't want it. It was responded that there would be a public hearing, which was part of the permitting process. No permit had been obtained as of yet.

A visitor asked if they had to own the property to submit a permit to DEP. The solicitor and supervisors didn't know the answer to this.

Mr. Frank asked about the firm in Virginia. It was a group that attorney Ewall had asked them to look at, to retain as consultants.

Another woman asked if Mr. Briechle represented Tyler Corners. They replied in the negative; he represented the township. She asked if Tyler cared at all that the public didn't want it there. Mr. Briechle didn't know the answer to that. She said if there was a toxic spill it would do a lot of damage, commenting the roads were not the best up there.

Another visitor asked if the New Milford Township supervisors were going to be responsible for the bill for consulting with Mr. Ewall. Mr. Briechle responded that attorney Ewall was engaged by a group of citizens concerned with the incinerator. The township had spoken to him, they had a conversation with the firm he suggested, and they were considering whether or not to engage them. The woman said that Mr. Ewall was ready to go forward with an ordinance with the firm in Virginia. Mr. Briechle said Mr. Ewall had given them the ordinance, but asserted that they were not ready to move forward- more information had come out and the consultant was going to call the township back. The woman felt it was awkward that the community had to hire a lawyer. He replied that the public would have a right to speak up at public comment. Another woman asked to confirm if the public would get a vote regarding whether or not an incinerator would be put in, as a wide area would be effected.

Another visitor added to this, saying that they didn't want the incinerator and they wanted to know what they could do to stop it. Mr. Briechle asked if she had been at the other meetings. They were going through a process to look at controlling the air quality within the legal process to protect the township. Even if they didn't go through with the ordinance, there was a permitting process that went through DEP that was separate from what they did. It was reiterated that the public could tell DEP what they thought at that time.

A man asked why the waste wasn't burned where it was made. Other visitors agreed with him. Br. Briechle didn't have an answer to that, he said they were the township and they understood the concerns of the visitors and beyond.

Mr. Kelly asked if they could deny the access to the roads they wanted to put in to the incinerator. Mr. Briechle didn't know what the surface entrance was that would eventually be proposed. Mr. Kelly replied that, looking at their plans, there were two roads. When Mr. Briechle asked where they saw the plans, he responded that it was on the website. They were looking at putting the plant right below it, near the underground streams that put the water into their lake.

Ms. Pipitone spoke up again, saying it was great that people came out to the township meetings. She wanted to say, she added, that this was something that was dumped on the supervisors' lap. She said that if they lived in the county they needed to go to the county commissioners' meetings to speak. The township meeting happened to have a rule that only township people could speak, but if they lived in the county they could go to the commissioners meetings. She said that the New Milford township supervisors were making the calls and doing the legwork to put an ordinance in place. The supervisors and the township attorney and their families lived there too, and she believed that they were doing what they needed to do. She said even if the township put an ordinance in place and Tyler Corners decided not to pursue the proposed site, nothing would stop them from moving to another municipality-so the public also needed to speak to the county. She thanked the supervisors, saying that many people in attendance knew it was important to the public, and she felt if it was important to the public it was important to the supervisors. She also urged people to go to their own township meetings, saying that the commissioners were saying the community didn't want them putting an air ordinance in which would restrict their use, but if they got resolutions from the townships they couldn't say that.

Mr. Frank asked if they (incinerator owners) were subject to any criminal charges if they (residents) were poisoned.

Ms. Goff suggested that the other half of the equation was not just the ordinance, but they needed to understand the regulations DEP had in place. She said they needed to get educated on how they would be affected and proactively contact DEP beforehand, to find out how and when things would happen.

Mr. Barroni wanted to express his dismay that they really weren't moving as fast as he had hoped. When Mr. Ewall was at a meeting in May or June, Mr. Barroni said, he had an ordinance which was a good model to follow. It was 95% done, he said. Now they were saying they needed more lawyers to look at it, and lawyers liked to complicate things and to run up bills. He asked if that was where they were. The ordinance may never be perfect, but there had to be a time when they would say good enough. He felt they had to get the ordinance in place before the company bought the place. He said that if they got it in before it advanced too far, they had a good chance of turning the company away.

A woman asked what planning committee reviewed the plans. Mr. Briechle said the incinerator permitting process was handled exclusively by DEP, so the whole idea of the incinerator process was DEP. He wasn't sure about the roads, it could be on a PennDOT road or a township road. Water and sewer issues would also need to be vetted, and that could involve different departments. It would involve at least one meeting in the township so the people could voice their feelings and concerns about the subject. There were multiple people and entities that looked into the process.

A man asked if there was another municipality in the state or area which might have already drafted an ordinance. Mr. Briechle responded that it was literally uncharted territory they were in. There was a township that had passed an ordinance which he thought was based off of attorney Ewall's ordinance, but that centered around a crematorium. He said that was like an acorn versus a mountain. There had not been an incinerator built in Pennsylvania before. The closest one was in Ohio. Someone from the public said there was one near Philadelphia. It was responded that it wasn't like the one being suggested for New Milford.

A woman asked how their taxes would be affected. Mr. Briechle said he had no idea. She opined that their property value would go down. Mr. Briechle responded that he had heard it might increase or reduce the tax base.

As usual, there was a mass exodus of the public once the first public comment period was called to an end, and the regular meeting began. Also per the usual pattern, those leaving had to be asked to be quiet at least once so that the meeting could progress.

A subdivision for Kara and Robert Seaman on Warren Park Road was noted. The supervisors had no objections.

A visitor said that she had an acre and they wanted to subdivide it. She asked if there was a limit on size, if it had to be an acre, or half acre. It was responded that they had to have enough land to have an alternate septic site. Ms. Graham pointed out that the county also required a driveway permit.

The supervisors had received a notification from DEP about a heating oil contamination spill up on Stump Pond Road. They were in the process of cleaning this up. This spill was on the part of a homeowner. Notification had also been received from DEP and Southwest that there was a 750 gallon spill of diesel onto secondary containment. Something had failed in a generator house, they removed the diesel and were inspecting the secondary container. They basically outlined how they dealt with it. They were investigating the soil and secondary containment to ensure that further attention wasn't warranted. The plan was to do further screening.

The supervisors voted to donate $100 to the Blue Ridge High School Band, the Special Olympics, and the Great Bend Hose Company Fire Prevention week.

At a 90-minute Special Meeting, conducted on September 19, 2016, Starrucca Borough Government and private citizen Darl Haynes, a resident of Starrucca Borough, were able to come to a meeting of minds. Together they settled longstanding disputes which had been the cause of chronic and continuing litigation in various venues. What follows is a verbatim record of their agreement. Readers are advised that this final agreement provides for the signatures of Darl Haynes, Plaintiff; Harry Coleman, Plaintiff's Attorney; and Starrucca Borough Councilmen Kirk Rhone, Arthur Kopp, and Charles Levchak - representatives of Starrucca Borough, Defendant. Council members not voting in the affirmative for the agreement did not sign the document.

Herewith is Kellogg Road Maintenance Agreement, Settlement Agreement and General Release.

"An Agreement made this original date of [in September] 2016, applicable to the undersigned parties, Plaintiff Daryl Haynes and Defendant Borough of Starrucca.

RECITALS

WHEREAS, Kellogg Road is a municipal road with a length of 5215 feet as per Borough Resolution 2007-04 and situated in Starrucca Borough, County of Wayne, State of Pennsylvania;

WHEREAS, the undersigned parties are the litigants in a matter currently pending in the United States District Court for the Middle District of Pennsylvania concerning the maintenance of Kellogg Road within the Borough of Starrucca ("Litigation"); and

WHEREAS, the parties desire to enter into an Agreement regarding the resolution of the litigation and the maintenance and improvements to Kellogg Road; Starrucca Borough agrees to any and all maintenance on, and improvements to, Kellogg Road for a distance of 5215 feet in length and 16 feet in width.

NOW, THEREFORE IT IS HEREBY AGREED AS FOLLOWS:

Purpose of Agreement

The terms of this Settlement Agreement and General Release are the product of mutual negotiations and compromise between all the parties. The parties have entered into this Settlement Agreement and General Release for the purpose of resolving disputes between them and avoiding the burden, expense, delay and uncertainties of litigation. No finds of any kind have been made or issued against any party and no party purports to be the prevailing party in any action.

Non-Admission of Wrongdoing

Neither the negotiations, undertakings, agreements, nor execution of this Settlement and General Release shall constitute or operate as an acknowledgment or admission of any kind by any party that it has violated or not complied with any provision of any federal or state law, statute, ordinance, regulation, common law, or constitution. Each party specifically disclaims any liability to any other party for wrongdoing of any kind.

Release

Subject to the performance by the parties of the terms contained in this Settlement Agreement and General Release, and for other good and valuable consideration, Plaintiff hereby releases the Borough of Starrucca, all elected and appointed Board Members who have served up to the effective date of the Release, together with all employees and volunteers present and past, and all of its insurers, affiliate agents, employees, and assigns, (collectively referred to as "Releasees") from any and all claims, known or unknown, asserted or unasserted, direct or indirect, which Plaintiff may have, had or does have against Releasees, arising directly or indirectly out of or in any way connected with any set of facts including Daryl Haynes v. Starrucca Borough, pending in the U.S. District Court for the Middle District of Pennsylvania, No. 3:15-CV-1770, as well as any related matters pending in Wayne County Court.

Payment

Part One

Starrucca Borough agrees to pay up to $35,000 (Thirty-Five Thousand Dollars) for the improvement of Kellogg Road starting at the driveway of 117 Kellogg Road going to the Borough line with Scott Township. The aforesaid improvement will be put out for bid. The specs will include:

- The road must be eligible for Federal fuel tax monies after completion of improvements:

- $35,000 (Thirty-Five Thousand Dollars) is the maximum or cap for this project exclusive of interest;

- The builder agrees to front the money;

- The Borough of Starrucca agrees to payment over 5 (five) years with 4% (four percent) annually, paid sooner by the Borough from available funds including a bank loan as the situation develops. The Borough agrees to make good faith efforts to secure financing; interest shall be payable to the contractor as agreed upon between the successful bidder and the Borough;

- If the project exceeds $35,000 (Thirty-Five Thousand Dollars) exclusive of interest, Daryl Haynes agrees to reimburse the contractor from the $65,000 (Sixty-Five Thousand Dollars) paid in Part Two of this settlement.

- Daryl Haynes agrees to discontinue both presently pending lawsuits against the Borough of Starrucca;

- The Borough of Starrucca agrees to get the specs completed and "sent out" as expeditiously as possible.

- The Borough will insure that 2A modified or 2 minus crusher run or an equivalent surface material will be used in the extension of Kellogg Road.

- Three fifteen inch sluice pipes, 26 feet long with collars and headers, will be used for drainage.

- No shale shall be utilized.

- The amount of material shall be no less than the cubic yards stated.

- A base of twelve inches of rock, fifteen hundred (1500) cubic yards of material; a layer of fill three inches of stone dust, or 2A modified or 2 minus crusher run; 375 total cubic yards; a top surface or 2A modified or 2 minus crusher run, 500 total cubic yards.

- Principle to be paid in full no longer than five (5) years following the entry of the Order approving this agreement in the United States District Court for the Middle District of Pennsylvania.

Part Two

- The Borough of Starrucca agrees to pay Daryl Haynes and his attorney Harry T. Coleman, Esq. the total sum of $65,000 (Sixty-Five Thousand Dollars) at 4% annually with interest to be paid monthly on the unpaid balance starting thirty (30) days after the Order approving the settlement is signed.

- The aforesaid money is to cover any and all claims for damages as well as attorney fees and costs, including those potentially available under 42 U.S.C §1988.

- It is further agreed that the Borough of Starrucca will, in good faith, work to secure financing as needed to cover Par One and Part Two of this settlement.

Road Maintenance

Road Maintenance. Road maintenance and road improvements will be undertaken and made whenever necessary to maintain the road in good operating condition at all times and to insure the provision of safe access by emergency vehicles. Kellogg Road will be maintained from the intersection of Kellogg Road and Maple Grove Road to the municipal boundary line of Starrucca Borough with Scott Township, a distance of approximately 5215 feet. 2A modified or 2 minus crusher run or an equivalent surface material will be replaced on the roadway when needed. Sub-surface material will be installed as needed. Cutoffs will be maintained and ditches will be subject to routine maintenance.

Annual Maintenance. Road maintenance will include, but is not limited to, grading at least annually to a distance of 16 feet width inside the ditch line with a crown of approximately 3 inches with a power grader and after grading, the road with a vibrator roller. Potholes will be filled as needed throughout the year for the 5215 feet of the roadway.

Sluice Pipe. All sluice pipes will be maintained at a seventy percent capacity of flow rate. Sluice pipes will be replaced as needed.

Dust Control. Dust control will be provided in from of any of residences located on Kellogg Road within a timely manner upon request.

Snow Plowing. Kellogg Road shall be snowplowed so as to permit year round access. The plowing will take place on the entire length (5215 feet) of Kellogg Road as described herein and the road will be plowed and cindered to a width of 16 feet.

Annual Road Reviews by Borough. Kellogg Road shall be part of the Boroughs annual road reviews. Enforcement. This Agreement may be enforced by a party hereto. If a court action or lawsuit is necessary to enforce this Agreement, the party commencing such action or lawsuit shall be entitled to reasonable attorney fees, and costs, if the party prevails.

Recording this Document. Original and amended copies of this document shall become part of the Docket in the United States District Court for the Middle District of Pennsylvania and adopted into an Order or the Court.

Complete Agreement. The parties further agree that no party has made any other promises or agreements to do or omit any act or thing not set forth or referred to herein. This Settlement Agreement and General Release constitute the complete understanding between the parties. No other promises or agreements shall be binding or have any effect unless signed by all parties.

Breach of Agreement. In the event that it shall be necessary for any party to institute legal action to enforce any of the terms and conditions or provisions contained herein, or for any breach thereof, the prevailing party in such actions shall be entitled to costs and reasonable attorneys' fees. In the event of a breach of any term of this General Release, any proceeding to enforce the terms of this Release shall be made to any Court of competent jurisdiction in the Commonwealth of Pennsylvania.

Governing Law. This Settlement Agreement and General Release shall be construed, enforced, and governed by the laws of the Commonwealth of Pennsylvania, as well as 42 U.S.C. §1988 and any constitutional amendments that are relevant to the Federal lawsuit, as well as 42 U.S.C. §1988 relevant to any attorneys' fee claim. The language of all parts of this Settlement Agreement and General Release shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of its parties; however, all paragraph headings are for reference only and shall not be considered in construing the release.

Severability. Should any of the provisions of this Settlement Agreement and General Release be declared or be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be effected thereby and said illegal or invalid part, term or provisions, shall be deemed not to be a part of this Settlement Agreement and General Release.

Modification - Waiver. No amendment, modification, waiver or termination of this Settlement Agreement and General Release shall be binding unless executed in writing by the parties to be bound thereby. No delay or omission on the part of either party in exercising any right under this Release shall operate as a waiver of any such right or any other right.

Attorneys' Fees. The parties agree that they each shall be responsible for their own attorneys' fees and costs that may have been incurred in the pending case or otherwise.

Advice of Counsel - Voluntarily and Knowingly. The parties acknowledge that they have read and understand the terms of this General Release, that they have had the advice of any attorney of their choosing, that the contents of this document have been explained to them, and they voluntarily and knowingly enter into this Settlement Agreement and General Release without reliance upon any statements or conduct of others and without coercion, intimidation or threat of retaliation by any party or any other person or entity.

Dismissal. It is noted that the Court has entered a 60 day dismissal Order, and that a dismissal of the Wayne County cases is also required."

Signatories to the Settlement Agreement and General Release include all of the following:

- Daryl Haynes, Plaintiff;

- Harry T. Coleman, Esq. (with respect to attorney's fees only;

- Kirk Rhone, Starrucca Borough President;

- Arthur Kopp, Starrucca Borough Councilman;

- Charles Levchak, Starrucca Borough Councilman; and

- Keith Payne (Witness Only), Starrucca Borough Council Secretary/Treasurer.