1  1 2 3 4  DUNMORE BOROUGH COUNCIL DUNMORE, PENNSYLVANIA  5 IN RE: REGULAR MEETING OF COUNCIL  6 7 8 9 10 11 12 13 14 15 16 17 18 19  DECEMBER 9, 2019 6:00 P.M.  DUNMORE COMMUNITY CENTER  MONROE AVENUE DUNMORE, PENNSYLVANIA  COUNCIL MEMBERS:  MICHAEL DEMPSEY, ESQUIRE, PRESIDENT THOMAS HALLINAN, VICE-PRESIDENT  20 CAROL SCRIMALI THOMAS EHNOT MICHAEL MCHALE VINCE AMICO MICHAEL HAYES  21 22  23 THOMAS CUMMINGS, ESQUIRE, SOLICITOR VITO RUGGIERO, BOROUGH MANAGER  24 TIMOTHY BURKE, MAYOR  25  Mark Wozniak Official Court Reporter    2  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. DEMPSEY: Please rise for the  Pledge of Allegiance.  (The Pledge of Allegiance was  recited.)  ATTY. CUMMINGS: Mr. Amico? MR. AMICO: Here.  ATTY. CUMMINGS: Mr. Dempsey? MR. DEMPSEY: Here.  ATTY. CUMMINGS: Mr. Ehnot? MR. EHNOT: Here.  ATTY. CUMMINGS: Mr. Hallinan? MR. HALLINAN: Here. ATTY. CUMMINGS: Mr. Hayes? MR. HAYES: Here.  ATTY. CUMMINGS: Mr. McHale? MR. MCHALE: Here.  ATTY. CUMMINGS: Ms. Scrimali? MS. SCRIMALI: Here. ATTY. CUMMINGS: Mr. Burke? MR. BURKE: Here.  ATTY. CUMMINGS: Item number three  is public comment on agenda items.  MR. DEMPSEY: Would anyone like to  address council tonight on agenda items  only? Seeing none.    3  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  ATTY. CUMMINGS: Item number four is  a motion to approve the minutes.  MR. DEMPSEY: I'11 look for a  motion.  MR. HAYES: I'11 make that motion. MR. DEMPSEY: Do I have a second? MR. AMICO: I'17 second it.  MR. DEMPSEY: I have a motion and a  second. Anyone on the question? A17 those  in favor signify by saying aye.  MS. SCRIMALI: Aye. MR. EHNOT: Aye. MR. MCHALE: Aye. MR. DEMPSEY: Aye. MR. HALLINAN: Aye. MR. AMICO: Aye. MR. HAYES: Aye.  MR. DEMPSEY: Opposed? They ayes  have it. So moved.  ATTY. CUMMINGS: Item number five, a  motion to approve and pay the open bills.  MR. DEMPSEY: I'11 look for a  motion.  MR. EHNOT: I'17 make a motion to  pay the open bills.    4  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MS. SCRIMALI: I'11 second that. MR. DEMPSEY: I have a motion and a  second. Anyone on the question? A17 those  in favor signify by saying aye.  MS. SCRIMALI: Aye. MR. EHNOT: Aye. MR. MCHALE: Aye. MR. DEMPSEY: Aye. MR. HALLINAN: Aye. MR. AMICO: Aye. MR. HAYES: Aye.  MR. DEMPSEY: Opposed? The ayes  have it. So moved.  ATTY. CUMMINGS: Item number six is  a motion to approve the 2020 budget.  MR. DEMPSEY: Do I have a motion? MR. EHNOT: I'11 make a motion to  approve the final 2020 budget.  MR. HALLINAN: I'17 second it. MR. DEMPSEY: I have a motion and a  second. Anyone on the question?  MR. MCHALE: We went through on this  last month, and contrary to what was reported in the Times it was a balanced budget last month. It still is this month.    5  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  I did not get any feedback, sO we're going to run with this, and obviously we can change it : you guys can change it going forward. But the income and expense equals $12,421,294 as a balanced budget. So again, ten years, pretty proud of that. So that's  all I have.  MR. DEMPSEY: Thank you, Mr. McHale.  Anyone else on the question? A11 those in  favor signify by saying aye.  MS. SCRIMALI: Aye. MR. EHNOT: Aye. MR. MCHALE: Aye. MR. DEMPSEY: Aye. MR. HALLINAN: Aye. MR. AMICO: Aye. MR. HAYES: Aye.  MR. DEMPSEY: Opposed? The ayes  have it. So move.  ATTY. CUMMINGS: Item number seven  is a motion to suspend the refuse fee via  ordinance for the year 2020.  MR. DEMPSEY: Look for a motion. MS. SCRIMALI: I'11 make that  motion.    6  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. HALLINAN: I'11 second it. MR. DEMPSEY: I have a motion and a  second. A11 those in favor signify :- well, on the question first. Anyone on the question? A17 those in favor?  MS. SCRIMALI: Aye. MR. EHNOT: Aye. MR. MCHALE: Aye. MR. DEMPSEY: Aye. MR. HALLINAN: Aye. MR. AMICO: Aye. MR. HAYES: Aye.  MR. DEMPSEY: Opposed? The ayes  have it. So moved.  ATTY. CUMMINGS: Number eight is a  motion to approve the 2020 tax ordinance set forth as general obligation, 20 mills; debt service, 19 mills; pension services, one-half of one mill; public street  lighting, one mill; fire equipment training, two mills; miretignter services, one mill; rescue services, one-half of one mill,  totaling 44 mills.  MR. DEMPSEY: Do I have a motion? MR. EHNOT: I'17 make the motion to    7  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  approve it.  MR. DEMPSEY: Second? MR. AMICO: I'17 second it.  MR. DEMPSEY: I have a motion and a  second. Anyone on the question? A11 those  in favor signify by saying aye.  MS. SCRIMALI: Aye. MR. EHNOT: Aye. MR. MCHALE: Aye. MR. DEMPSEY: Aye. MR. HALLINAN: Aye. MR. AMICO: Aye? MR. HAYES: Aye.  MR. DEMPSEY: Opposed? The ayes  have it. So moved.  ATTY. CUMMINGS: Item number nine is  a motion to authorize borrowing in the amount of $1,500,000 at the best available market rate for the 2020 tax anticipation note. Approval will authorize the president of council and the borough solicitor to take all actions necessary to bring this matter  to fruition.  MR. DEMPSEY: I'11 look for a  motion.    8  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. HALLINAN: I'17 make that  motion.  MR. DEMPSEY: Second? MR. EHNOT: Second.  MR. DEMPSEY: A1l those in favor  signify by saying aye.  MS. SCRIMALI: Aye. MR. EHNOT: Aye. MR. MCHALE: Aye. MR. DEMPSEY: Aye. MR. HALLINAN: Aye. MR. AMICO: Aye. MR. HAYES: Aye.  MR. DEMPSEY: Opposed? Ayes have  it. So moved.  ATTY. CUMMINGS: Item number ten is  a presentation by Christopher Speicher, Dunmore Professional Center, LLP, regarding the final phase of the Dunmore Professional Center Meade Street Redevelopment Project under LERTA. This matter was presented to council through Lackawanna County. I believe it was almost two years ago. It has been approved by the Dunmore School  District.    9  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  The applicant is here this evening  to make presentation and answer any questions you may have. Approval by the borough of Dunmore is a condition prerequisite to submission to Lackawanna County. You may act on it this evening or you may take and revert to the solicitor and zoning code office for review, to be placed  on your next agenda.  MR. DEMPSEY: Mr. Speicher, can you  come on up?  MR. SPEICHER: So this is the last  phase of Dunmore Professional Center. I'm Chris Speicher. I've been the developer since the very beginning. We have a 3.3 acre parcel at the end. Our problem right now is we're not able to compete with the parcel. I've had no less than three groups that I've had on the parcel that have gone to - other places that there's been either LERTA or some other tax incentive involved, and we lost out on three very potential :  very, very good medical groups.  So in light of that, we're trying to  get LERTA for the property, with your    10  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  assistance, and be able to attract the kind of tenants that we have on the property up there and continue to make it a very, very productive piece of the tax rolls and the  last piece on that property.  ATTY. CUMMINGS: Before you proceed  with counsel can you briefly explain what  LERTA entails.  MR. SPEICHER: LERTA is basically  taking the existing taxes on the property, and that's the amount of taxes that would be paid on it for a set period of time. The normal LERTA, for example, in the city of Scranton, most of the LERTAS that they're doing there are ten years. For example, if the property is built on the site and it's to generate, say, $100,000 taxes and there's $12,000 being paid in now only that $12,000 will continue to be paid. The $100,000 won't be paid until the LERTA is completed in a ten-year time frame, and then that tax  revenue comes to the borough.  ATTY. CUMMINGS: Is this a ten-year  LERTA?  MR. SPEICHER: Yes.    11  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  ATTY. CUMMINGS: My other question  regards the prior improvements. It is my understanding that the roadway now known as Meade Street, having been relocated, as well as the other improvements in and under, that being the storm drains and sewer lines, were actually constructed and paid for by Lackawanna County. Is that correct?  MR. SPEICHER: Yeah, it was a  combination of Lackawanna County and us. We paid for certain parts and they paid for certain parts. Lackawanna County could not pay for anything that was going to be publically : in the public domain or be dedicated -- I'm sorry, they couldn't pay for anything that was not going to be dedicated over. So anywhere where there's public works such as the traffic light that went in or the work that came down, including the sewer lines, the storm lines and the paving, was paid for by the TIF that  we did.  ATTY. CUMMINGS: At that time did  anybody from the project meet with any representatives from the Scranton Sewer    12  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  Authority or its operator, American Anglian,  at the time?  MR. SPEICHER: Yes, I met with them  and the county met with them, and their inspector was on site for all the work that  was conducted on the site.  ATTY. CUMMINGS: So did American  Anglian, in conjunction with the Scranton Sewer Authority, inspect everything up to  completion?  MR. SPEICHER: Yes.  ATTY. CUMMINGS: Have you charged  any fees just for connection hookups?  MR. SPEICHER: We were charged a  $7,500 fee by the sewer authority, and we in turn turned around and charged that to the tenants that came into the property.  ATTY. CUMMINGS: Was it a like  amount?  MR. SPEICHER: Yes, it was exactly. ATTY. CUMMINGS: No profiteering? MR. SPEICHER: No profiteering. ATTY. CUMMINGS: And who pays the  treatment fees for the properties that are  connected?    13  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. SPEICHER: The tenants. The  buildings that are located there are billed by the sewer authority on a monthly basis.  ATTY. CUMMINGS: Direct bills to the  property owner and/or tenant?  MR. SPEICHER: That's correct. ATTY. CUMMINGS: Thank you,  Mr. Dempsey. That's all I had to clarify  for the record.  MR. DEMPSEY: Thank you, attorney  Cummings.  MR. MCHALE: Mr. Speicher, I think  what attorney Cummings was getting at, we were presented a bill because nobody took credit for the hookup for the sewer authority. I can speak for myself. I was at my son's high school soccer game and a guy came up to me screaming at me that they had to go in on an emergency basis and fix this, and this company, who fixed it, your company said it's not our problem, sewer authority said not our problem, someone else claimed : the property owner said not our problem, and this contractor was left : he did the work, fixed it all, as we had sewage    14  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  going down the street. The one thing I'm certain is it wasn't the borough of  Dunmore's problem.  MR. SPEICHER: Right, I would agree. MR. MCHALE: We had to pay it. We'd  like our money back.  MR. SPEICHER: Okay, I do recall  this incident. Was this the accounting  firm?  MR. MCHALE: Yes.  MR. SPEICHER: So we had the sewer  authority there, we had the borough there, many of the people in this room were there. We had a private contractor that was brought in by the sewer authority who put a dye into the tank and the dye : if the dye did not come out it meant there was no leak at the property owner's connection. The dye came out, which showed that the leak was directly at the connection that was put into the ground to the service to the accounting  firm.  At that point : and Mr. Cummings  can back me up : we all basically said this is your problem. Your contractor didn't    15  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  connection the line the way they should have and it's your responsibility to repair it.  To be honest with you, this is the  first time I've heard that the :  MR. MCHALE: We had, literally,  waste going down the street. So as - an emergency we, of course, have to : a small contractor who did the work to fix it can't be held liable for this. He obviously had someone tell him it was okay. The one thing, again, I'm certain of is that it was not the borough's responsibility. It wasn't. Other than the fact that we had to step in because nobody, nobody would step up  and take care of it.  So again, I personally - to vote  for your project I'd like the $8,500 to be  earmarked to give back to us.  MR. SPEICHER: Just to : this is  the first time I've heard of this tonight, when you just brought this up. I've not  heard a word about it.  MR. MCHALE: Everybody knew about  it. I'm just speaking on behalf of council. It's not me personally. I like you very    16  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  much and I think it's a tremendous project.  MR. SPEICHER: I'm caught a little  bit off guard because I knew nothing about this until the second you just mentioned it. But the sewer line connection was where the problem was. The contractor who originally tied that into the line was responsible for it : and was the property owner. The property owner tied it in. I don't know how : not running away from the problem, but I don't know how I could be held responsible for work that I did not contract for, that he contracted for, and that his contractor did  improperly.  MR. MCHALE: Well, understand :  and, Chris, this is nothing personal against you. You know that I like you and I think the project is unbelievable. The one thing I'm absolutely certain, it's not the borough  of Dunmore's responsibility.  MR. SPEICHER: I would agree with  that.  MR. MCHALE: And I was told by these  people who were screaming that they can't pay this, that this isn't theirs, that that    17  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  dye test would not work to prove it was the accounting firm. And it wasn't the accounting firm guy who came to me, by the way. But nonetheless, they said there's no way that that dye test would actually work. So I'm not an engineer, I have no idea, but again, for the fourth time, the one thing I'm absolutely certain of it's not the  borough's responsibility.  MR. SPEICHER: I promise that I will  look into it now that you've brought it to my attention, but I thought the day we left there that everyone had agreed that it was the responsibility of the accounting firm or his contractor who made the tie-in where the leak developed, which is exactly what the dye test proved, that that was where the  problem was.  But I promise I'm more than willing  to look into it. If it's our  respons1D1llty, I promise you I will pay for it if it's our responsibility. If not, I'd be more than happy to engage whatever action necessary to get the accounting firm to pay.  MR. MCHALE: That's all I have, Mr.    18  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  Chairman.  MR. DEMPSEY: Thank you, Mr. McHale.  Anything else, Mr. Speicher?  MR. SPEICHER: No.  MR. DEMPSEY: Does anyone else on  council have any questions? Okay.  MR. MCHALE: Can we put it to the  next meeting just so maybe if we have our meeting in two weeks you can address our concern and then we can pass it along as  well?  MR. DEMPSEY: Do we need to put that  to a motion to basically table it until next  meeting?  ATTY. CUMMINGS: If you want, but  there's no open motion. You can verbally.  MR. DEMPSEY: We'11 wait until the  next meeting and revisit it. Thank you.  ATTY. CUMMINGS: Item number 11 is  personnel matters. First being appointment  of part-time fire John Rebovich.  MR. DEMPSEY: Look for a motion. MR. AMICO: I'11 make that motion.  MR. HAYES: Second.  MR. DEMPSEY: I have a motion and a    19  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  second. Anyone on the question?  MR. AMICO: As per Chief DeNaples,  Mr. Rebovich has satisfied all components of the part-time firefighter pre-employment process. We can always use part-time firefighters to help out, especially this  time of year.  MR. DEMPSEY: Appreciate it,  Mr. Amico. Anyone else on the question? A1l those in favor signify by saying aye.  MS. SCRIMALI: Aye. MR. EHNOT: Aye. MR. MCHALE: Aye. MR. DEMPSEY: Aye. MR. HALLINAN: Aye. MR. AMICO: Aye. MR. HAYES: Aye.  MR. DEMPSEY: Opposed? Ayes have  it. So moved.  ATTY. CUMMINGS: The second item is  to move Robert Judge at DPW from temporary full time to permanent full time.  MS. - SCRIMALI: I'11 make that  motion.  MR. HAYES: I'11 second that.    20  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. DEMPSEY: Motion and a second.  Anyone on the question? A11 those in favor  signify by saying aye.  MS. SCRIMALI: Aye. MR. EHNOT: Aye. MR. MCHALE: Aye. MR. DEMPSEY: Aye. MR. HALLINAN: Aye. MR. AMICO: Aye. MR. HAYES: Aye.  MR. DEMPSEY: Opposed? Ayes have  it. So moved.  ATTY. CUMMINGS: That's all in  personnel matters. Next is public comments on non-agenda items starting with Mr.  Duncan.  MR. DUNCAN: Jerry Duncan, 117  Barton Street. Just a reminder, next Monday, the 16th, we'11 have our  neighborhood watch meeting for the month of  December.  The 19th, Mr. Dempsey, I believe the  sewer authority meeting is still on for the  19th. Nothing changed. Right?  MR. DEMPSEY: As far as I'm aware,    21  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  sir.  MR. DUNCAN: The 23rd, that's the  next council meeting. Will we still have  that or will that be :  MR. DEMPSEY: So far it's still on. MR. DUNCAN: Thank you very much.  Then did we get : we're on for the second  council meeting?  MR. DEMPSEY: December? Yes. MR. DUNCAN: Then did we get the  letter out for Mr. DePasqual, do you know?  MR DEMPSEY: I believe we did, yes.  MR. DUNCAN: Thank you.  MR. DEMPSEY: Would anyone else like  to address council tonight? Seeing none.  ATTY. CUMMINGS: Public officials? MR. DEMPSEY: Mayor Burke?  MAYOR BURKE: Just congratulations  for the police department on the fine work for the toys and projects, especially John Richardson. They really did a fantastic job last year and then doing another great job  this year. That's all I have.  MR. DEMPSEY: Thank you, Mayor  Burke. Mr. Ruggiero? Attorney Cummings?    22  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  ATTY. CUMMINGS: Nothing, sir. MR. DEMPSEY: Carol, do you want to  lead us off?  MS. SCRIMALI: Nothing tonight, but  thank you all for coming.  MR. EHNOT: I have nothing.  MR. MCHALE: I have nothing further. MR. HALLINAN: Great job on the  tree. Looks beautiful. I drove you nuts.  That's all.  MR. AMICO: I'm good.  MR. HAYES: Just briefly want to  thank everyone involved, the Home for the Holidays Committee, for everything they've done. Obviously we had some weather issues but still taking pictures with Santa over at FNCB. The snow activities, too. Lots of kids. I just want to thank everyone involved. That's all I have.  MR. DEMPSEY: Thank you, Mr. Hayes.  Very quickly just on what Mayor Burke stated, the police did go out this weekend and decorated a home for somebody who was unable to do it themselves. The police and the fire department did a tremendous job.    23  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  There was a huge showing there. The homeowners were absolutely thrilled. So I appreciate the work that they did.  Also again on top of what Mr. Mayor  Burke said, the police department is doing Cram the Cruiser for the next few weeks  next couple of weeks, sO anyone, if you could drop off an unwrapped toy, DePietro's Pharmacy is collecting them. The police department would appreciate it. Also, if you can write any sort of monetary  donations, they would go to Dunmore National Night Out. Just wanted to announce for  them.  With that, I don't have anything  else. I look for a motion to adjourn.  MR. HAYES: I'17 make that motion.  MR. AMICO: Second.  MR. DEMPSEY: A1l in favor signify  by saying aye.  MS. SCRIMALI: Aye. MR. EHNOT: Aye. MR. MCHALE: Aye. MR. DEMPSEY: Aye. MR. HALLINAN: Aye.    24  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. AMICO: Aye. MR. HAYES: Aye.  MR. DEMPSEY: Opposed? Ayes have  it. So moved. We're adjourned.    25  1 2 3 4 5  CERTIFICATE  h hereby certify that I attended the foregoing  proceeding, took stenographic notes of the same, that 6 the foregoing, consisting of 24 pages, is a true and correct copy, done to the best of my ability, of same  7  8 and the whole thereof.  9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  Official Court Reporter E