CLARKS GREEN BOROUGH COUNCIL MINUTES FEBRUARY17,2021 CALL TO ORDER: President Barrasse called the meeting ofthe Clarks Green Council to order at ROLL CALL: Secretary Culbertson conducted roll call. The following were present: Mr. Rinaldi, Dr. Cochran, Mr. Hughes, Mr. Toms, Ms. Igoe, Mr. Williams, Mr. Barrasse, Mayor McGraw and APPROVAL OF MINUTES: President Barrasse entertained the motion to accept the minutes ofthe January 20, 2021 Council meeting. Mr. Hughes motioned, seconded by Ms. Igoe. Mr. Williams, Ms. Igoe, Mr. Toms, Mr. Hughes, Dr. Cochran, Mr. Rinaldi and Mr. Barrasse voted in favor. VISITORS: George Parker, Clarks Green Zoning Officer, Ben Freda, Abington Journal, CSPD Chief PUBLIC COMMENT: Ryan Campbell, 111 Belmont Ave., addressed Council by stating he had grown up in this area and is a2004 graduate of Abington Heights High School and a 2008 graduate of Muhlenberg College and currently practices law in Scranton at the firm ofRothenberg & Campbell. Mr. Campbell thanked Council for the opportunity in serving the community by expressing an interest MAYOR'S REPORT: Mayor McGraw informed Council the Borough Boundary and Annexation Survey has been filed and will submit a hardcopy to the Borough's office noting there has been no changes to the boundaries. Mayor McGraw. reported sketches have been submitted regarding 221N. Abington Road property and were forwarded to Planning Commission members for their review. No meeting has been scheduled. CSPD Chief Yarns stated it was ai relatively quiet month except for the disruption caused by two (2). pave cuts in the front of Clarks Green Borough dealt with UGI and PennDot trying to obtain the necessary repairs to the road. ChiefYarns told Council his Police Department still in the process of updating its policy manual Chief Yarns also informed Council, by April, the Police Department will have received body cameras noting that it will take a couple of months before they are operational. Mr. Rinaldi reported that the PAWC repaired a pave cut by the OLD BUSINESS: Mr. Barrasse requested a motion to appoint Ryan Campbell, 111 Belmont Street, to serve on the Clarks Green Planning Commission for the remainder ofMs. Katie Lane's term. Dr. Cochran motioned, seconded by Mr. Rinaldi. Mr. Williams, Mr. Toms, Dr. Cochran, Mr. Hughes, Mr. Rinaldi. Ms. Igoe and Mr. Barrasse voted in favor. Mr. Barrasse stated there still is a vacancy for one SOLICITOR'S REPORT: Solicitor Weinschenk told Council he had attended the SAPA virtual meeting which was held earlier this afternoon regarding the status of all nine (9) association municipalities regarding adopting the new. Zoning Ordinances. Solicitor Weinschenk told Council an important aspect is, ifthe process is to go as scheduled, a comprehensive, revised ordinance available for view by the public by March 6th, when the forty-five (45) review period begins for the public to submit comments. Solicitor Weinschenk stated the goal is to adopt the new ordinance during the. April 21,2021 Council Meeting. A public hearing will precede the meeting. Solicitor Weinschenk reported there will be substantial changes to the current zoning ordinances. Solicitor Weinschenk told Council 7:01 p.m. with the Pledge of Allegiance. Solicitor Weinschenk. Yarns and Ryan Campbell, 111 Belmont Avenue. in becoming a member of Clarks Green Planning Commission. former CVS property. of Clarks Green's three AAJRB representatives and welcomed any interests. a draft resolution had been distributed for their review in respect to amendment of previously approved Intergovernmenta. Cooperative Implementation Agreement explaining ift to withdraw from SAPA or change its ordinance once it has been adopted for three years, there will be a monetary penalty of $3,000. Solicitor Weinschenk reported all the municipalities are required to adopt the SAPA Ordinances by June 30th. Solicitor Weinschenk proceeded to read the proposed resolution. Mr. Rinaldi motioned to adopt Resolution No. 1 Of2021 approving the Amendments to Sections 4 and 8 and adding new Sections 8A and 13 to the Scranton-Abingtons Planning Association (SAPA) Intergovernmental Cooperative Implementation. Agreement dated as of October 26, 2015. Mr. Williams seconded the motion. Mr. Toms, Dr. Cochran, Ms. Igoe, Mr. Rinaldi, Mr. Hughes, Mr. Williams and Mr. Barrasse voted in favor. RESOLUTIONI No. 1OF2021 AF RESOLUTION OF THE BOROUGH OF CLARKS GREEN, LACKAWANNA COUNTY, PENNSYLVANIA AUTHORIZING SCRANTON-ABINGTONS PLANNING ASSOCIATION (SAPA) INTERGOVERNMENTAL COOPERATIVE IMPLEMENTATION AGREEMENT Whereas, the Borough of Clarks Green (the "Borough") entered into an Intergovernmental Cooperative Implementation Agreement dated as ofOctober 26, 2015 fori implementing a multi- AN AMENDMENT TO THE municipal comprehensive plan; and, Whereas, Section 4: Adoption of Conforming Ordinances, of the Implementation Agreement required each participant to review and amend its zoning ordinance and other land use ordinances to be generally consistent with the plan within two years; and, Whereas, the two (2) year time period to review and amend the zoning and other land use ordinances was extended for an additional two years by an amendment to the Intergovernmental Cooperative Implementation Agreement on. July 19, 2017; and Whereas, the extended period to review and amend the zoning and other land-use ordinances Whereas, the nine (9) SAPA Participants that dulyapproved and subscribed to the SAPA ntergovernmenta. Cooperative Implementation Agreement dated October 26, 2015, are participating inac comprehensive zoning ordinance amendment process administered by Lackawanna County, through the Department ofl Planning and Economic Development, and have received funding from the Pennsylvania Department of Community and EconomicD Development and Lackawanna County for said process, and have authorized a contract with a professional planning consultant to undertake the comprehensive zoning ordinance amendment, which will end on June 30, 2021; and ended on November 20, 2019; and Whereas, Section 14: Amendment to this Agreement, of the Implementation Agreement Whereas, the Borough hereby agrees to the following amendments to the ntergovermental provides for an amendment process to the agreement; and Cooperative Implementation Agreement: 1. as follows: SECTION 4: ADOPTION OF CONFORMING ORDINANCESisI hereby revised to read "By May 16, 2021, each Participant shall complete the review of their respective zoning ordinances, and by June 30, 2021, enact a comprehensive zoning amendment, pursuant to Sections 609 and 610 of the Pennsylvania Municipalities Planning Code, that provides for the cooperative provision of land uses among the Participants based on general consistency with the Scranton-Abingtons Multi- Municipal Comprehensive Plan." 2. Anew SECTION 8A: AGREEMENTTO MAINTAIN ADEOUACY to read as follows is "The Participants agree to maintain a combined inventory ofall lawful land uses within the geographical area of the municipalities of the SAPA Multi-Municipal Planning Region adequate to meet the current and future combined needs of these municipalities, as prescribed by the Adoption of Conforming Ordinances under Section 4, fora minimum period of three (3): years from the date ofthe After the initial three (3) year period, ifany Participant wishes to consider the elimination, reduction, ora significant increase on the level of restriction ofa lawful land use(s) provided for in its zoning ordinance or amend the official zoning map in a manner that would eliminate, reduce, or significantly increase the level of restriction on a lawful land use(s) provided for in its zoning ordinance, written notice shall be provided to the county planning agency at least 180 daysp prior to consideration ofsaid land use elimination, reduction, or increase on the level ofrestriction or zoning map amendment. The county planning agency shall review the adequacy ofthe provisions for the proposed land use(s) within the remaining municipalities and provide comments to the requesting Participant and the Land hereby added to the agreement: last adopting Participant, or no later than June 30, 2021. Use Advisory Committee within 60 days of receipt of said notice. Ift the county planning agency determines that the elimination, reduction, or increase on the level of restriction of the lawful land use(s) or zoning map amendment will result in the combined inventory not being adequate to meet the current and future needs oft the Participants, it shall provide written notice to all Participants. The Participant considering the elimination, reduction, or increase on1 the level of restriction or zoning map amendment shall either (1) dismiss the proposed consideration; (2) refer the issue to Dispute Resolution as provided in Section 11 ofthis Agreement; or (3) initiate termination of this Agreement as provided in Section 13. The county planning agency may also determine, on a case-by-case basis, that a deminimus reduction or revision does not require the formal process otherwise provided in this Section 4A. 3. SECTION13: EXECUTION, EFFECTIVE DATE AND TERMINATION-Sahcten D.is revised to read as follows: D. In the event that any Participant withdraws from this Agreement, the following shall be required: (1) Official written notice shall be provided to all remaining Participants and the county planning agency a minimum of one (1) year prior to termination; (2) All costs associated with the review, preparation, and implementation of the Participant's: zoning ordinance utilizing the cooperative provision of land uses, and administered by Lackawanna County, shall be paid back to Lackawanna County based on the municipality's percentage oft the total project cost for those portions oft the funding provided by Lackawanna County and the Pennsylvania Department of Community and Economic Development (See Appendix A). The paid-back funds will be used to cover the cost of reviewing the Plan and amending the remaining Participants' zoning ordinances to resolve the inadequacy of the land-use cooperative provisions. 4. A new SECTION 13A: REVIEW RELATED TO CONFORMING ORDINANCE is hereby added to the agreement to read as follows: "A. This amended agreement shall be in effect for a period offive (5) years from the date of the last adopting Participant, or no later than June 30, 2026, at which time, a comprehensive review of the SAPA Multi-Municipal Comprehensive Plan and Participant zoning ordinances shall be undertaken by the Participants through the Land Use Advisory Committee." In Witness Whereof, the Borough of Clarks Green, intending to be legally bound hereby, has caused this amendment to the intergovernmental Cooperation Agreement to be subscribed, as of_ February 17, 2021. /s/Joseph Barrasse Joseph Barrasse, President Clarks Green Borough Council ATTEST: /s/ Joanne Culbertson Joanne Culbertson, Secretary DATE: February 17,2021 PUBLIC WORKS: Mr. Rinaldi motioned to accept the Municibid offer for the sale ofthe 2003 F350 Pickup Truck in the amount of$13,200, seconded by Ms. Igoe. Mr. Rinaldi, Mr. Hughes, Mr. Williams, Mr. Toms, Dr. Cochran, Ms. Igoe and Mr. Barrasse voted in favor. Mr. Barrasse told Council the next truck that needs to be placed on sale is the last aging F550 dump truck. Mr. Rinaldi reported the Small Stream & Water Grant extension has been approved by PennDOT and the Borough is first on list for Sewer Specialty Services (SSS) attention once we get a break from the inclement GEORGE PARKER, ZONING OFFICER REPORT: Mr. Parker asked Council if they had any questions on his distributed monthly report. Mr. Barrasse verified ifMr. Parker is following up with the various complaints on snow removal within the Borough and if possible drive around the Borough and notify property owners of the snow removal regulations ifnot in compliant. Mr. Parker informed Council ofa a property that is getting a lot ofstormwater located in Pineview Circle and the owner had asked ift the Borough can help with this problem. Mr. Parker told Council himself and the Borough's engineers had investigated this situation and the engineers have submitted: a report of their findings and recommendations of possible solutions. Mr. Parker informed Council a solution can be engineered however, the project will require construction involving multiple parties Mr. Parker explained an inlet will need to be replaçed on the cul-de-sac's curb line and extend the pipe to a swell. Mr. Rinaldi stated that property has a stormwater water runoff history noting two thirds of the lot is designated wetlands and the curbing had been removed by the previous owner and pieces of the curb was found at the bottom edge ofthe property. Mr. Barrasse suggested to get some estimates for the repairs for the next Council meeting and Mr. Rinaldi stated this project can also be bid similar to the ARWA: Mr. Rinaldi reported the Authority advertised for bids for a sludge hauling contract. Mr. Rinaldi explained when sanitary sewer water is treated, the water is extracted, sludge remains and the Authority contracts with a hauler to take the sludge and dump it at the landfill. The water is then released into Leggett's Creek. Mr. Rinaldi informed Council that ARWA purchased a remote access virtual private network (VPN) switch for remotely diagnosing equipment when there are problems at a TREASURER'S REPORT AND BILL APPROVAL: Mr. Hughes reported on the checking account balances with comparisons to last month and last year. The Treasurer's report was presented weather. Crest Project. cost of$ $3,500. by Mr. Hughes and filed for audit. Current fund balances are as follows: General Fund Checking Capital Fund Money Market Sewer Fund Checking Sewer - FNCB CD #200278057 Sewer-E FNCB CD #200469681 Sewer = Wayne Bank CD State Funds Checking Total Checking/Savings $ 299,513.13 106,371.81 452,387.41 51,715.99 51,258.31 53,047.27 75,925.87 1,090,219.79 $ Mr. Hughes reported the General Funding checking açcount is up $88,000 compared to a year ago, mainly contributable by the transfer of the General Fund Money Market account in the amount of $35,000 and the Fall Paving Project was funded from the State Account. Mr. Hughes told Council he Capital Fund declined $22,000 primary contributable to fact that we had purchased two (2) trucks in the amount of $150,000. Mr. Hughes reported the Sewer Fund increased by $104,000 compared bya a year ago, contributable by transferring the Sewer Fund Money Market account in the amount of $35,000 and other than the Crest Drive Project we had a fortunate year in terms ofsewer repairs and projects. Mr. Hughes reviewed the maturity dates of the current certificate of deposits and spoke of possible opening another one for $50,000 with a maturity date of March 2022. Mr. Hughes presented the Budget VS. Actual comparing balances on the report to amounts from last year. Mr. Rinaldi motioned to increase the Solicitor's rate in the amount of$150 per hour, seconded by Dr. Cochran. Dr. Cochran, Ms. Igoe, Mr. Toms, Mr. Hughes, Mr. Rinaldi, Mr. Williams and Mr. Barrasse voted in favor. Solicitor Weinschenk noted that the Solicitor's fee has not been increased for fifteen (15) years. With no questions from Council Mr. Hughes motioned, seconded by Ms. Igoe to accept the Treasurer's report and ratify the payment of the bills. Mr. Toms, Mr. Williams, Mr. Hughes, Ms. Igoe, Mr. Rinaldi, Dr. Cochran and Mr. Barrasse voted in favor. Mr. Hughes reported $1,862 has been collected in sewer delinquencies and stated the accounts listed in the report will be sent delinquent letters by the end of the month. Mr. Hughes reviewed the sewer charges of our neighboring municipalities compared to Clarks Green' s sewer charges noting we are close to the lowest at $142/Quarterly versus $140 Quarterly/ South Abington Township. Mr. Hughes reported to Council the Borough received a dividend check from DGK Insurance in the amount of$3,858.61. Mr. Hughes BUILDING AND GROUNDS: Mr. Toms reported everything is fine at the Borough building noting REFUSE & RECYCLING: Ms. Igoe told Council she has nothing to report. Mr. Barrasse informed Council he was waiting on a list of delinquent accounts from County Waste. All of Council agreed to have the first quarter sewer billing to include messages dealing with no increase in taxes for the year of2021 and all residential properties are responsible to make quarterly payments to the Borough's HEALTH & SAFETY: Dr. Cochran reported there is an ongoing distribution problem with the COVID vaccine partly blamed on the inclement weather and the distribution coming from the federal government. Dr. Cochran announced the good news is that there had been enough people have had PERSONNEL: Mr. Williams informed Council that he tried to sign up the Borough employees for the COVID vaccine at Weis Markets but was told they would have to schedule appointments on their own. Mr. Barrasse informed Council there will be an Executive Session to discuss personnel issue. Executive session started at 8:32 P.M. Mr. Barrasse resumed the meeting at 8:45 P.M. Mr. Williams motioned to have Dave Kohinsky to return to his normal work schedule instructed by the Personnel Committee starting February 22, 2021, seconded by Ms. Igoe. Mr. Rinaldi voted no. Ms. Igoe, Mr. MOTION FOR ADJOURNMENT: Mr. Barrasse entertained the motion to adjourn the meeting. Mr. Hughes motioned, seconded by Dr. Cochran to adjourn the meeting at 8:50 P.M. All in informed Council the 2020 Audit has started for the Borough. that the basement is currently being painted by the DPW crew. contracted refuse/recycling hauler, County Waste. received their shots and the COVID cases are going down. Williams, Mr. Hughes, Dr. Cochran, Mr. Toms and Mr. Barrasse voted in favor. attendance voted in favor. f Gbs Secretary/Treasurer CLARKS GREEN BOROUGH COUNCIL MEETING Agenda VIA ZOOM February17.2021 CALLTO ORDER AND PLEDGE OF ALLEGIANCE- President Joe Barrasse 2. ROLL CALL-Secretary Joanne Culbertson 3. MOTION TO ACCEPTI MINUTES - January 20,2021 4. PUBLIC COMMENT Visitors should state their name and address. Comments limited to 5 min 5. MAYOR's Report- Mayor McGraw. Police Rcport- Clarks Summit Chief Chris Yarns Solicitor's Report- Mr. Weinschenk SAPA Resolution discussion 7. PUBLIC WORKS COMMITTEE- Mr. Rinaldi Motion to approve sale of2003 F350 for $13,200 8. Zoning Report- George Parker Discussion of Pineview Circle Drainage 9. ARWA- Mr. Rinaldi 10. TREASURER'S REPORT AND BILLAPPROVAL-I Mr. Hughes 11. FINANCE COMMITTEE = Mr. Hughes 12. BUILDING & GROUNDS COMMITTEE- Mr. Toms 13. REFUSE & RECYCLING COMMITTEE- Ms. Igoe 14. HEALTH & SAFETYCOMMITTEE- Dr. Cochran 15. PERSONNEL COMMITTEE - Mr. Williams Executive Session for Personnel matters. Appointment to AAJRB, & Planning Commission 16. OLD BUSINESS 17. NEW: BUSINESS 18. ADJOURNMENT NOTE TO VISITORS: Please sign the attendance sheet and indicate if you wish to address Council, stating the agenda topic on which you would like to comment. Thank you.