CLARKS GREEN BOROUGH COUNCIL MINUTES FEBRUARY 15,2023  CALL1 TO ORDER: President Rinaldi called the meeting of the Clarks Green Council to order at 7:00 ROLL CALL: Secretary Culbertson conducted roll call. The following were present: Mr. Egan, Mr. Nealon, Ms. Igoe, Mr. Williams, Mr. Curran, Mr. Rinaldi and Mayor Barrasse and Solicitor Weinschenk VISITORS: CSPD Chief Yarns, Ben Freda, Abington Journal, Vassar Ave., Helene Magnotta, Eloise and Dorian Butovich, Bill Risse, Eric Parry, Robert Saunders, Sara Cremer, AAJRB members, Dean and Suzi Williamson, Katie Jackson, Mary Ellen Cole, Mary Anne Lucas, Katharine Spanish, Kim Duffy, Christian Francis, Helga Linhares, Wayne and Ally Christman, Mary Moore, Scott, Julie Mauli APPROVAL OF MINUTES: President Rinaldi entertained the motion to accept the minutes oft the January 18, 2023 Council meeting. Ms. Igoe motioned, seconded by Mr. Curran, Mr. Williams, Ms. Igoe, Mr. Nealon, Mr. Egan, Mr. Curran and Mr. Rinaldi voted in favor. President Rinaldi entertained the motion to accept the minutes ofthe February 1,2023 Council meeting. Ms. Igoe motioned, seconded Mr. Curran. Mr. Williams, Mr. Toms, Mr. Egan, Mr. Curran Ms. Igoe, Mr. Nealon and Mr, Rinaldi voted in favor. President Rinaldi entertained the motion to accept the minutes of the February 7, 2023 Council meeting. Mr. Toms, Mr. Nealon, Ms. Igoe, Mr. Curran, Mr. Williams, Mr. Egan and Mr. Rinaldi voted in favor. Mr. Rinaldi announced the Public Comment Period was moved to the end oft the agenda to allow POLICE REPORT: Chief Yarns reported January has been a quiet month. Chief Yarns told Council he had applied for an Aggressive driving grant and Was not sure of the dates when it will be implemented. MAYOR'S REPORT: Mayor Barrasse told Mr. Rinaldi that he would like Council to consider the Tree City Proclamation informing he had talked with CGB Shade Tree Chair Ms. Trushina. Mayor Barrasse stated he was not sure when the proclamation needed to be signed. Mayor Barrasse reported the Shade TREASURER'S REPORT AND BILL. APPROVAL: Mr. Rinaldi reviewed the distributed Budget VS. Actual comparing balances to last month and last year. The Treasurer's report was presented by Mr.  P.M. with the Pledge of Allegiance.  via phone were present. Mr. Toms joined the meeting approximately 7:05 P.M.  Tinkleman and Helen Harris.  for the additional time requested by the. Jackson residence.  Tree Committee held a meeting on Valentine's) Day.  Rinaldi and filed for audit. Current fund balances are as follows:  General Fund Checking Capital Fund Money Market Sewer Fund Checking Sewer- FNCB CD #200469681 Sewer- = Wayne Bank CD #80049035 Sewer- = Wayne Bank CD: #80021603 Sewer - Wayne Bank CD #80044088 State Funds Checking Total Checking/Savings  $  607,214.91 126,774.09 550,718.12 76,488.6I 76,974.99 53,339.83 50,188.16 168,556.62 1,710,255.33  $    Mr. Rinaldi entertained a motion to accept the Treasurer's report and ratify the payment oft the bills. Ms. Igoe motioned, seconded by Mr. Toms. Mr. Toms, Mr. Curran, Mr. Nealon, Mr. Williams, Ms. Igoe, Mr. MOTIONS: Mr. Rinaldi told Council consideration of Appel IT support agreement and related system maintenance will not be considered this evening since the startup costs were not provided per my request. Mr. Rinaldi told Council the Planning Commission voted to recommend approval oft the conditional use application by Central Park Flowers for use oft the proportion oft the building located at 100 South Abington Road asi restaurant/café. Mr. Rinaldi entertained ai motion to approve the development plan for 100 South Abington Road in Clarks Green. Ms. Igoe motioned, seconded by Mr. Egan. Mr. Williams, Mr. Curran, Ms. Igoe, Mr. Nealon, Mr. Toms, Mr. Egan and Mr. Rinaldi voted in favor. Mr. Rinaldi moved to the next recommendation from the Planning Commission to amend Clarks Green's Zoning Ordinance providing ai new provision regulating wireless communication facilities within the Borough. Mr. Rinaldi told Council there will be two (2) advertisements February 28th and March 7th and thel Public Hearing will be held on March 15that 6:30 P.M. Mr. Rinaldi entertained a motion to advertise and havea public hearing on the proposed amendment to the current Zoning Ordinance. Mr. Egan motioned, seconded by Ms. Igoe. Mr. Nealon, Ms. Igoe, Mr. Egan, Mr. Curran, Mr. Toms, Mr. Williams and Mr. Rinaldi voted in favor. Mr. Rinaldi introduce Resolution' No. 2 of2023. Mr. Rinaldi entertained a motion to approve Resolution No. 2 of2023 waiving late fees, penalties and additional charges under specific circumstances in accordance with PA Act57of2022. Ms. Igoe motioned, seconded by Mr. Curran. Mr. Toms, Mr. Egan, Mr. Nealon, Ms. Igoe, Mr. Williams, Mr. Curran and Mr. Rinaldi voted in  Egan and Mr. Rinaldi voted in favor.  favor.  RESOLUTION NO.2of2023 BOROUGH OF CLARKS GREEN LACKAWANNA COUNTY, PENNSYLVANIA  A RESOLUTION DIRECTING THE BOROUGH TAX COLLECTOR TO WAIVELATE FEES,  PENALTIES AND ADDITIONAL CHARGES UNDER CERTAIN SPECIFIC CIRCUMSTANCES IN ACCORDANCE WITH PA ACT: 57of2022  WHEREAS, Act 57of2022, ("Act 57")amending the Local Tax Collection Law, was signed by WHEREAS, Act 57 requires taxing districts that impose taxes on the assessed value ofr real property to adopt ai resolution or ordinance directing the tax collector to waive additional charges for real WHEREAS, the Borough of Clarks Green (the "Borough") desires to adopt this Resolution in NOW, THEREFORE BEI ITI RESOLVED, that the Tax Collector for Clarks Green Borough is directed to comply withi the provisions of this Resolution and Act57 for tax years beginning on or after  Governor Wolfe on. July 11,2022 and became effective on October 10, 2022; and  estate taxes in certain situations; and compliance with. Act 57. January 1,2 2023 as follows:  1. The following definitions shall apply to this Resolution:  (a). Additional Charge - Any interest, fee, penalty, or charge accruing to and in excess of  the face amount oft the real estate tax as provided fori in the real estate tax notice.  (b) Qualifying Event  (i) For the purpose oft real property, the date oft transfer ofownership of  the real property; or    (i) Fori manufactured or mobile homes, the date oftransfer of ownership or the  date al lease agreement commences for the original location or relocation ofar manufactured or mobile home on aj parcel of land not owned by the owner oft the manufactured or mobile home. The term does  not include the renewal ofal lease for the same location.  (c)Tax Collector- - The elected tax collector for Clarks Green Borough, Lackawanna  County or any authorized or designated delinquent tax collector or any alternate collector oft taxes,  including the Lackawanna County Tax Claim Bureau.  2. Waiver. The Tax Collector shall, for tax years beginning on or after. January 1, 2023, grant a request to waive. Additional Charges for real estate taxes if the taxpayer does all of the following:  (a) Provides al Request For Waiver ofA Additional Charges (DCED-CLGS-70) or such other from time to time provided by the Pennsylvania Department of Community and Economic Development to the Tax Collector within twelve (12)  months ofa Qualifying Event; and  (b)Attests that a tax notice was not received by the taxpayer; and (c) Provides the Tax Collector with one of the following:  (i) A copy oft the deed showing the date oft the real property transfer; or (ii) A copy ofthe title following acquisition ofa mobile or manufactured home subject to taxation as real estate showing the date ofi issuance or a copy of an executed lease agreement between the owner oft the mobile or manufactured home and the owner ofaj parcel ofl land on which the mobile or manufactured home will be situated showing the date the lease  commences; and waiver request  (d) Pays the face value amount of the tax notice for the real estate tax with the  This Resolution shall take effect immediately upon adoption and remain in effect thereafter unless THIS RESOLUTION is adopted by the Borough Council of Clarks Green Borough this 15th day  rescinded, modified or terminated by resolution of the Clarks Green Borough Council.  ofFebruary, 2023. ATTEST: /s/Joanne Culbertson Joanne Culbertson, Secretary  BOROUGH OF CLARKS GREEN /s/David Rinaldi David Rinaldi, President Clarks Green Borough Council  Mr. Rinaldi told Council the next item on the agenda is the approval of AAJRB's 2023 budget. Mr. Rinaldi welcomed the AAJRB representatives for attending the Council meeting and for the opportunity tol have a discussion on various items. Mr. Rinaldi proceeded to tell Council AAJRB's 2023 budget was distributed in approximately October 2022 but the request never made it to Council. Council needed to approve the Board's proposed 2023 Budget allowing the Borough to make its first 2023 quarterly payment. Mr. Egan asked Mr. Rinaldiifthe otherjoint municipalities had approved the AAJRB budgets. Mr. Rinaldi stated yes. Ms. Igoe motioned to approve AAJRB's2023 budget along with paying the first 2023 quarterly payment, seconded by Mr. Curran. Mr. Egan, Mr. Curran, Ms. Igoe, Mr. Toms, Mr.    Nealon, Mr. Williams and Mr. Rinaldi voted ini favor. Mr. Rinaldi stated there are a number ofitems needing discussion with the members of AAJRB. First the number ofappointed Borough representatives explaining the Borough has one (1) appointee (Sarah Cremer) while two (2)appointees' terms (M.J. Igoe and Bill Risse) had expired at the end of2022. In addition, the Borough Solicitor ist researching the timing oft the representative terms. Mr. Rinaldi stated he wants an explanation how thej joint municipalities are now being represented by three (3) when the establishment agreement only designates one (1) representative per municipality. Robert Saunders, Treasurer ofthe. AAJRB, stated over time somewhere someone figured out, you can'trun a municipal park with only five (5) volunteers. As far back to the 1990's it has been the practice that each municipality appoints three (3) representatives and the school district has appointed one (1) from time to time. A briefdiscussion took place regarding this topic and inquiring whether there are any documents to support the board expansion. Mr. Rinaldi brought upanother item concerning how the expenses are calculated between the five (5) member municipalities. Mr. Saunders stated the Board was building off past practice. Mr. Saunders told Council the Board has been unable to find any historical financial records. He further stated the appraised value oft the real estate in each community and the census population is used to calculate the contribution amounts. Mr. Saunders stated to be honest I've been on the Board haven'treally made a detailed calculation or reassessment based upon County real estate values and the census with each oft the recent budget years proposed five (5) percent increases. Mr. Rinaldi asked about the recent article concering Newton Recreational Center and if AAJRB is considering proposing acquiring the property. Mr. Saunders stated the Board has not had any discussion with Center and the Board has its hands full. Mr. Saunders continued, if the rest of the members on the Board want to do something and it makes sense for the community and partners support it the Board would propose it. Mr. Rinaldi asked moving forward how can Clarks Green Council be assured to be informed about what is being considered by the Board. Mr. Saunders stated some of our Board members are representatives in some respective governing Councils naming M.. J. Igoe as a source ofinformation. Hopefully,you are getting updates plus we send each month agendas and materials for the Board meetings along with minutes. Mr. Saunders told Council a possible reason Clarks Green did not receive some information was a wrong email address. Mr. Rinaldi stated hel had reviewed the AAJRB's! 2009 long range plan which included a Community Center which was fulfilled with the acquisition oft the Abington Senior Center and asked if the plan had been updated. Bill Risse, AAJRB member, stated there are components of the plan that the Board has worked to try to earn or secure grants and foundation allocations in order to get ready to fund things like paving, capital repairs and small enhancements. Mr. Rinaldi pointed out the soccer field, noting it's coming to the end ofits useful life. Josh Mitchell, AAJRB representative, agreed. Mr. Mitchell stated the turf has an eight (8) year warranty. Continuing, he informed Council, the Board has regular meetings with our fleet partners. Mr. Rinaldi thanked the. AAJRB for attending the meeting and stated this was an opportunity for PUBLIC COMMENT: Mr. Rinaldi turned the floor over to Katie. Jackson, 112 Squirrel Run. Ms. Jackson distributed an extensive set of photographs to Council. Ms. Jackson addressed Council refuting the allegations information provided by her neighbors regarding the Jackson family dogs. Ms. Jackson obtained copies of letters submitted to Council by her neighbors that she felt created ai terrifying picture of my family and our dogs' behaviors. Ms. Jackson went on to state that those letters along with Mr. Rinaldi's! personal opinions on the issue have been posted on social media. Ms. Jackson asked Council after hearing the facts I would like the Council President Dave Rinaldi to retract his opinion posts and provide an apology to our family for posting the letters arguing making public thei information created potential danger and harm tol her family without speaking to all parties involved. Several people in attendance spoke regarding their experience and opinion that they and their families had not experience the aggressiveness oft the dogs depicted in the letters and the non-aggressive behavior oft their dogs and feel the. Jacksons were not given a fair chance to give their side oft the: story. In their opinion they believe there are al lot of perceptions leading to misinformation. Several residents in the neighborhood who had experienced confrontations with the Jacksons' dogs spoke about their dogs being attacked and ai few stated they were afraid to even walk by the Jackson residence. Mr. Rinaldi stated Clarks Green Borough  the new members of Council to get acquainted with the. AAJRB.    does not have social media, that he alone maintains his personal Facebook page and he is exclusively responsible fori its content stating everything on his Facebook page is his personal opinion. Mr. Rinaldi stated Ms.. Jackson was wrong to threaten Borough Council and the Community with litigation to chill his individual first amendment rights would not be successful. Solicitor Weinschenk provided his opinion Mr. Rinaldi'ss social media postings were: not the attributable to Council or the Municipality stating the Ms.. Jackson's referenced social media account is the private Facebook page ofN Mr. Rinaldi. The Borough has no. legal responsibility for what Mr. Rinaldi posts onl his Facebook page or other social media. Ifthere is something that may be actionable that would be aj private matter between the person MOTION FOR ADJOURNMENT: Mr. Rinaldi entertained the motion to adjourn the meeting. Mr. Curran motioned to adjourn the meeting at 8:10P.M., seconded by Mr. Egan. Alli in attendance voted in  who feels they were wronged and Mr. Rinaldi, but not the Borough.  favor.  Secretary/Treasurer  da    CLARKS GREEN BOROUGH COUNCIL MEETING AGENDA March 15,2023 7:00 PM  1. Calll To Order and Pledge of Allegiance- - President Rinaldi  2. Roll Call-S Secretary Culbertson  3. Motions to approve the Council Meeting Minutes February 15, 2023  4. Public Comment. 5. Police and/or Fire Report. 6. Mayor's Report. Bank CD.  7. Review of Borough Financials, Budget VS. Actual Report and Motion to pay bills. Discussion on maturing' Wayne 8. Consideration of Clarks Green Borough Resolution 3 of 2023 reflecting change in scope of 2022! 5mall Waterand 9. Consideration of Clarks Green Borough Ordinance 10 of 2023 Amending the Clarks Green Borough Zoning Ordinance: adding new: Section regulating Wireless Transmission Facilities within the Borough. 10. Consideration of proposal to replace damaged rear garage entrance door. Mesko Glass March 10, 2023 Door 11. Consideration of Appel IT Support Agreement for Borough computer and related systems maintenance including 12. Consideration of partial payment for 5kid! 5teer and request for partial reimbursement from LST Grant award. 13. Other Business/discussion. Reminder all elected anda appointed Borough Officials need to filet their Statement of  Sewer Grant Application.  Replacement Proposal in the amount of $4925.00. Borough document retention and control support.  Financial Interest by May 1, 2023. 14. Motion to Adjourn.  NOTE: TO VISITORS: Please sign the attendance sheet andi indieate ifyou wish to observe the meeting or to address Council, stating the agenda topic on which you would like to comment. Thank you.