Mayor Hurley was on hand to address the concerns residents brought up at the September 14th meeting regarding the lack of response from the local Police at the Susquehanna Borough’s Council meeting held on October 12th.  Residents who live on Franklin Avenue attended the meeting to see if they could obtain some answers to the lack of police presence in their area.

One of the residents stated, since the last meeting when he came looking for some assistance regarding the drug problem in his area, only three police officers were seen over the past month.  He said one was a State Trooper, and two were Susquehanna Police Officers.  The resident said he felt let down that Council wasn’t able to do anything about the conditions on Franklin Avenue.

The major complaint the resident had, besides lack of patrol is he was instructed to call 911 for all calls.  If he called the local police, they told him to call 911 so the call would be recorded.  He said he didn’t want to bother the State Police with a phone call regarding four wheelers speeding down the street, he felt it was something the local Police should handle.  Mayor Hurley said the proper procedure is to call 911, even for speeders since the State Troopers would be able to record the call, and notify the local police to respond to the matter if they were on duty at the time.  She said if he phoned the local police he wouldn’t receive any help if they were out patrolling or on a call, but the 911 operators would be able to reach them.

Mayor Hurley said the police officers conduct patrol different times of the day and people may not necessarily see them.  She said she has spoken to the Chief about having a day once a month where people from the community can come in and speak with them.  This would provide open communication between the community and the local Police Department.  Mayor Hurley said they haven’t devised a plan yet for the day and time but will keep the community informed on when they finalize the plan.

Another resident spoke out saying they could also phone Bob Klein, the District Attorney with any suspicious activity regarding drugs in the area.

Mayor Hurley said after the story hit the paper, John Fabiseski, a Certified Recovery Specialist working for Trehab phoned her with a suggestion for a Town Hall meeting.  Mr. Fabiseski said he would talk on addiction, along with an alternative way to deal with it and show the community that recovery works.  Mayor Hurley said she would work on putting together this event.

The Police are working on addressing the drug issues in the area, but some things take time to take effect, stated Mayor Hurley.  She would like to assure the community that it is being taken very seriously and she will keep them updated with any type of information she could legally share; all they have to do is give her a call.

In regular business matters, three bids were received and opened for the East Street wall project.  Unfortunately they had to be tabled until the next meeting for clarification purposes.

Mayor Hurley informed everyone that on December 16th, 6:00 p.m. at the Methodist Church, John Burdick will host an event.  She said Mr. Burdick brings a multitude of pictures of the area and speaks about the history behind them.  Mayor Hurley stated it is a very informative and fun evening, and pictures may also be purchased.

The Durango patrol vehicle is currently at Ray’s Auto for them to go over it one more time and give an estimate on the replacement parts to repair the rust to the fender flares, stated Mayor Hurley.

Councilman Roy Williams spoke about Ordinance Number 451, Vacant Building Registry and Maintenance.  He stated there are currently forty-five vacant residential properties in the Borough, and it is a huge problem.  Councilman Williams said the vacant properties become an attractive nuisance to the drug problem in the Borough.  He said the time has come to enforce the Ordinance.  Councilman Williams said he is working with the Codes Administrator to create the forms to go out to each property owner of the vacant buildings.  The Ordinance states the owner must register with the Code Enforcement Officer no later than thirty days after any building becomes vacant.  It will cost the property owner fifty dollars for the registration fee.  If the building remains vacant it will cost the property owner an additional fee of five hundred dollars, annually until the building is properly demolished or rehabilitated. 

The Hanes Building is under the order of demolition, and Councilman Williams requested to advertise for bids to take down this structure.  It was unanimously agreed to advertise for the bids and to use money from the Impact Funds to pay for the demolition.

The Halloween Parade will take place at 4:00 p.m. on October 30th, and Trunk or Treat will be held from 5-7.  Council voted unanimously to celebrate Halloween on October 31st, from 6:00 p.m. to 8:00 p.m.

Mrs. Leeta Dennebaum, Curriculum Specialist, conducted a presentation at the Forest City Regional School Board meeting held on October 10th.  The 2015 results were shared and the third, fifth, and eight graders exceeded or equaled state averages in English Language.  The third and sixth graders exceeded or equaled state averages in Math.  The fourth and eight graders exceeded or equaled state averages in Science for the Algebra and Literature Keystone Exams.

For Academic Growth, meeting or exceeding the standard was the Fifth, Sixth, and eighth graders in English Language.  The fifth, sixth, and seventh graders met or exceeded in Math.  All three testing’s included Algebra, Literature, and Biology.

Mrs. Dennebaum stated there is room for improvement and the teachers are working on that.  She said the students and the teachers were doing a great job on math with the new curriculum.

The district Comprehensive Planning, which is a three to five year plan, includes current programing, and new programs to start up this session.  Current Programing consists of the 100 Book Challenge, Everyday Math (K-4), Collins Writing Program Training and Elementary Curriculum Night.  New programs consist of Diebels Math (K-6), LifeSkills Training (6th), and Promoting Alternative Thinking Strategies (PATHS) Program (K-2).

Mrs. Dennebaum said they received a grant to support the LifeSkills Training; the goal is to reduce alcohol, tobacco, drug abuse and violence.  The training is to help the students develop greater self-esteem, self-confidence and become all around better individuals.  November 1st is the planned implementation date for this program.

The PATHS Program helps kids resolve conflicts peacefully, handle emotions positively, empathize and make responsible decisions.  Mrs. Dennebaum said the goal is to start young and help the child to become a more rounded individual.

Principal Brian Kelly proudly presented Megan McFadden as the Super 6th Grader.  Principal Kelly said Megan’s teachers portrayed her as a bright, hard working young lady always smiling and willing to help.  Megan is an avid reader, she is responsible and respectful and her goal is to be a member of the NWBA.

Dr. Michael Elia presented the Outstanding Seniors for the months of September and October.  Joseph Piotrowski was chosen for the month of September by attaining high honors all four years of high school, which included classes of AP Calculus, AP Chemistry, Physics and Advanced Speech. Joseph works at the Red Cross Pharmacy in Forest City as a cashier, pharmacy technician and delivery person.  His future plans include being a pharmacy manager and groundbreaking pharmacologist.

Mikaylah Rutledge, also an Outstanding Senior for the month of September was chosen for attaining high honors all four years of high school that included classes of AP Chemistry, AP Calculus, and Physics Honors.  Mikaylah volunteers each year for the Steamtown Marathon, and monthly at the Salvation Army Food Pantry in Forest City. Her future plans are to enter the medical field and pursue a degree as a gynecologist/obstetrician.

Emily Nichols was chosen as Senior of the Month for October.  Emily attends CTC of Lackawanna County and is a student in the Protective Services Shop.  She plans to work towards an Emergency Medical Technician Certificate (EMT) and attend Luzerne County Community College after graduation to become a paramedic.  Emily’s career goal is to become a flight nurse.  She currently volunteers at the Waymart Fire Company.

Todd Holmes, from the Pennsylvania Game Commission and Kevin Urian, the Chapter President of The Northern Counties Full Fan Chapter, which is the local Chapter of the National Wild Turkey Federation were on hand to present the bows, arrows and targets obtained by a grant.  Mr. Holmes and Mr. Urian worked together to integrate Archery into the FCRSD Physical Education (PE) program.  The local Chapter and the PA Game Commission, by joining forces were able to bring fruition by adding archery to the FCRSD. The other schools offering this program are Western Wayne and Carbondale Area School District. 

Mr. Urian stated they were initially offering the program to eleventh and twelfth graders, but will be integrating ninth through twelfth during the PE classes this year due to the interest in archery.  The program has given students that have not been successful in other sports a chance to succeed.  Mr. Urian said the archery instructors agree that archery has improved student motivation to stay out of trouble, to be respectful of adults and friends, to attend school, to participate in other sports and activities and to get better grades.

During normal business the school board approved the renewal agreement with DocStar at a cost of three thousand two hundred and thirty-seven dollars.  Margaret Mead was appointed as the Second Shift Head Custodian.  Kimberly Cavalieri was appointed as a six-hour ParaProfessional, and Stephanie Frisbie as a six point, five-hour ParaProfessional.  Lisette Kozar was approved as a Secondary Math teacher with a starting salary of fifty one thousand five hundred and ninety-five dollars.

Superintendent Dr. Jessica Aquilina thanked Mrs. Dennebaum for her presentation and all her hard work.  She said the Steamtown Marathon was once again a success with over two thousand runners, and many volunteers from the school.

Superintendent Aquilina stated, with the work starting on the renovations, she wanted everyone to know safety comes first.  All the people who will be working at the school will have the necessary clearances.  The goal is to complete the work in the gymnasium before the basketball season begins.  The band and music room is slated to be completed on January 9, 2017. 

The Open House, which was held on September 14th was the best attended in the High School in years, reported Superintendent Aquilina.  This was also the first time they had the Open House in both the Elementary and the High School on the same day.

The Governor’s PA STEM Competition , unique to students in grades nine through twelve and provides an opportunity to explore careers using Science, Technology, Engineering and Math (STEM), is coming due to sign up for participation on October 31st.  Superintendent Aquilina stated the students are already gathering to brainstorm on building a prototype.

October 17th is senior night for fall sports and Superintendent Aquilina hopes everyone will come out to support the children.

For the repairs of Kellogg Road six firms were invited to bid. Three firms responded. The low-cost bidder was approved, but just barely. Such was the outcome of Starrucca Borough's Special Meeting held on Tuesday, October 11, 2016.

Starrucca's Special Meeting was called to open bids for the Kellogg Road project, as well as to handle "other borough business." The 24-minute meeting disposed of both objectives with minimal acrimony or recrimination. Present for the meeting were Council President Kirk Rhone, and Councilmen Lou Gurske, Darl Haynes, Jason Heeman, Charles Levchak, Arthur Kopp, and Donald Haynes, Jr. Also present were Mayor Mary Ann DeBalko and Secretary/Treasurer Keith Payne. Noticeably absent from the audience was former Council President-and present-day litigant-Jack Downton.

Those submitting bids were Tim Kohrs of Kohrs Excavating in Honesdale, Bill Pykus of Bill Pykus Excavating, Inc., and Larry Schaefer of Shaefers Enterprises in Deposit, NY. Their bids, respectively: $87,164; $52,990; and $34,800.

After Secretary Payne had opened and read all sealed bids, some discussion was held as to the wide variation in price. Ultimately, Councilmen decided the wide variation in price was due to the pricing of materials for the project. Councilman Kopp made motion to accept the lowest-cost bid, namely Larry Schafer's bid for the price of $34,800. Councilman Levchak seconded the motion. Voting with Councilmen Kopp and Levchak was President Rhone. Voting to oppose the motion were Councilmen Heeman and Gurske. Abstaining from the vote were Councilmen Darl Haynes and Donald Haynes, Jr. Motion passed by a vote of 3-2-2. Councilmen Heeman and Gurske did not state why they opposed the motion, though long-time residents of Starrucca might rightly infer the reason for their opposition.

Moving on to the "other business" of the Special Meeting, President Rhone proposed a motion "for the borough to email [Solicitor Jason] Beardsley asking the legal procedure and detailed steps to secure a loan from beginning to end, until the loan is secured. Please respond in 10 days, in writing." Councilman Kopp seconded the motion and Councilman Levchak added his vote for approval. Voting in opposition were Councilmen Heeman and Gurske. Both Haynes councilmen abstained from voting. As with voting on the previous motion, this motion too passed by a vote of 3-2-2.

On the final vote of the night, Council approved a motion "to send a letter to Lavery Law asking why did it take so long to get the court documents, response in writing." The "tardy" documents (Nos. 25,26, & 27) referred to in the motion were the Order of the Honorable Robert D. Mariani in the United States District Court for the Middle District of Pennsylvania, his Amendment to that Order, and the motion to extend time for settlement. and what to do with the final [settlement, agreement, & general release]." With both Haynes Councilmen voting to abstain, the remaining five voted in the affirmative. Motion passed by a vote of 5-0-2. Council will also inquire of Lavery Law, by email, as to the final disposition/filing of the consummated Settlement & General Release Document.

Judge Mariani's Order For Dismissal (Doc. No. 25) read: "Court appointed mediator Kimberly D. Borland, Esq, having reported to the Court that the above action has been settled, IT IS HEREBY ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within sixty (60) days to reinstate the action if settlement is not consummated." The document was dated May 25, 2016. Negotiating and agreeing to all terms of the settlement at the May 25 mediation were Councilmen Gurske, Kopp, and Rhone, as well as Mayor DeBalko. Councilman Heeman was present and participated in the bulk of the negotiations. Mr. Darl Haynes, acting in his private capacity as Plaintiff was present in a separate room, with the mediator going back and forth between parties during the day-long negotiations. All parties were brought together at the end of negotiations, and no party present voiced any objection to the settlement as each and every provision was discussed.

The second document (Doc. No. 27), also publicly read: "ORDER: AND NOW on this 28th day of July 2016, upon consideration of the Plaintiff's concurred in Motion for Enlargement of the Timeframes (sic) set in the Order of Dismissal, it is hereby ORDERED that said Motion is GRANTED and this Court's Order of May 25, 2016 (Doc 25) is hereby amended and the parties are afforded a period of an additional forty-five (45) days from the date of this Order to consummate settlement."

Both of the above documents were read to all present at this Special Meeting by borough Secretary Payne, who had only just received the two documents on the Wednesday before (October 5, 2016).

The clear meaning of the documents is that the borough had until at least September 10, 2016 to consummate settlement of the Darl Haynes v. Borough of Starrucca federal lawsuit, or face possible reinstatement of the lawsuit (and possible negation of the mediated settlement) at the pleasure of Plaintiff Darl Haynes.

Ultimately, settlement was consummated at Starrucca Borough's Special Meeting of September 19 only because Mr. Haynes chose not to reinstate the case after the 45-day extension granted had expired. Despite Starrucca Borough's consummation of the mediated agreement of May 25, 2016 (that effectively terminated the federal lawsuit), the Borough Government is currently defending in another lawsuit in the Court of Common Pleas of Wayne County on a motion for contempt. A hearing on Preliminary Objections to Plaintiffs' Complaint is scheduled for November 2, 2016 at 10 a.m.

At issue in the Plaintiffs' Motion for Contempt is Defendant's (Starrucca Borough's) understanding of Judge Conway's ruling concerning denial of a Preliminary Injunction, September 6, 2016. Judge Conway's Order of September 6 read as follows, "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 Plaintiffs' Complaint within 20 days from today. By the Court, Robert J. Conway, Senior Judge." Plaintiffs in this case are Jack Downton, Kathy Downton, Thomas Galiardo, Robert Martin, Delores Martin, Paul Everett, Loreda Everett, Frank Monico, David Soden, Peggy Soden, and Robert Weldy. The afore-listed Plaintiff's are additionally seeking to invalidate the May 25, 2016 mediated settlement (in the Haynes federal civil rights lawsuit) consummated on September 19, 2016.

Beyond upending the federal court case settlement, Plaintiffs seek not only to enjoin the borough government from settling the underlying action (of the federal civil rights lawsuit), but seek legal fees from the Borough Government for their own Counsel for bringing this Contempt action against the borough.

Starrucca Borough Council has now approved award of the contract for Kellogg Road's roadwork and it is the federal court's understanding that the case is terminated per filing of Document No. 25, as amended by Document No. 27. President Judge Raymond Hamill, in the Court of Common Pleas of Wayne County, will ultimately have to decide between two diverse courses. The first would result in a motion to dismiss the Plaintiffs' action, thereby blessing consummation of the May 25 agreement, and ending the years-long dispute. For the second he would have to craft some as-yet-unknown legal theory for overturning a federal civil rights settlement. That second course would also reignite litigation that would likely bedevil Starrucca for years to come.

Starrucca Borough's next regularly-scheduled meeting is Monday, November 7, 2016.