1  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  OLD FORGE BOROUGH COUNCIL OLD FORGE, PENNSYLVANIA  IN RE: REGULAR MEETING OF COUNCIL  JUNE 15, 2021 7:00 P.M.  OLD FORGE MUNICIPAL BUILDING 314 SOUTH MAIN STREET OLD FORGE, PENNSYLVANIA  COUNCIL MEMBERS:  RUSSELL RINALDI, VICE-PRESIDENT  LOUIS FEBBO RICK NOTARI JAMES HOOVER MICHAEL LETTIERI MICHELLE AVVISATO ROBERT LEGG, MAYOR  WILLIAM RINALDI, ESQUIRE, SOLICITOR MARYLYNN BARTOLETTI, BOROUGH MANAGER  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. RUSSELL RINALDI: Good evening,  ladies and gentlemen, I'd like to call the borough meeting to order. I'd ask the Honorable George Seig to lead us in the  Pledge of Allegiance.  (The Pledge of Allegiance was  recited.)  MR. RUSSELL RINALDI: Ro1ll call,  please, Marylynn.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Here.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Present.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Present. MS. BARTOLETTI: Councilman  Lettieri?  MR. LETTIERI: Present.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: Present.  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Here. Once  again, ladies and gentlemen, welcome to the regular meeting of the 01d Forge Borough.    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  Tonight is Tuesday, June 15, 2021. We're going to go out of order for a few moments. We have a vacant council seat and we're going to have to fill that first.  Once that's filled we're going to  take a few more minute recess. We're going to go back in with the new member, speak a little bit with our solicitor, borough manager, the new member and the current  council members.  The council seat was vacated on May  18th. According to Robert's Rules of Order, council has 30 days to fill the position. That 30 days expires June 18th. So tonight, if there is an appointment we will fulfill that seat in the right amount of time according to Robert's Rules.  We had three applicants. They were  introduced tonight publicly. We advertised it publicly. A11 the applicants did very well. I'd like to thank them all for their time, for coming, for applying. This is a tough position to sit in and I give anyone credit who comes forward to try and put yourself here. So we appreciate that and    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  I'd like to thank all of you.  At this time, now, the chair is  going to call for a motion to open up nominations for the borough vacant seat. This is just a motion to open up  nominations.  MR. NOTARI: I'17 make that motion. MR. RUSSELL RINALDI: Motion by  Councilman Notari. Second?  MR. HOOVER: I'11 second it. MR. RUSSELL RINALDI: By Councilman  Hoover. On the question? Public input?  Roll call, please.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Yes.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Yes.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Yes.  MS. BARTOLETTI: Councilman  Lettieri?  MR. LETTIERI: Yes.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: Yes.    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  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Yes.  Nominations are now open. We had three applicants. The floor is open for anybody at the table to name an applicant of their  wish.  MR. HOOVER: I'd like to make a  motion to nominate Mike Komensky to the  vacant council position.  MR. RUSSELL RINALDI: Motion is  still open for nominations.  MR. FEBBO: Mr. Chairman, I'd like  to make a motion to nominate Andy Butler for  council.  MR. RUSSELL RINALDI: The floor is  still open for nominations. At this time the chair would entertain a motion to close  nominations.  MR. HOOVER: I'17 make that motion. MR. RUSSELL RINALDI: Motion on the  floor by Councilman Hoover.  MS. AVVISATO: I'17 second the  motion.  MR. RUSSELL RINALDI: Seconded by  Councilwoman Avvisato. On the question?    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  Public input? Roll call to close  nominations, Marylynn.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Yes.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Yes.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Yes.  MS. - BARTOLETTI: Councilman  Lettieri?  MR. LETTIERI: Yes.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: Yes.  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Yes. At this  time we're going to go down the table. The first name was Michael Komensky. This is a motion to appoint Michael Komensky to the open vacant seat at 01d Forge Borough Council. Roll call, please, Marylynn.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Yes.  MS. BARTOLETTI: Councilman Febbo?    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  MR. FEBBO: No.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Yes.  MS. BARTOLETTI: Councilman  Lettieri?  MR. LETTIERI: Abstain.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: No.  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Yes. ATTY. RINALDI: Motion carries.  Mr. Komensky is appointed to the vacancy.  MR. RUSSELL RINALDI: Mr. Komensky,  congratulations.  MR. NOTARI: Why aren't we voting on  Mr. Butler?  ATTY. RINALDI: Because a majority  already elected Mr. Komensky. If there was a tie or a no vote, then we go to the second person. You already have a vote and the majority ruled on Mr. Komensky.  MR. NOTARI: How is that fair if two  people are nominated? We were told in the back room that both people would be voted  on, in executive session.    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  ATTY. RINALDI: If it was a tie,  then it goes to the next person to be voted on. Whoever wins the majority wins the  vote.  MR. RUSSELL RINALDI: Why don't I  just call for the second name and go down  the table?  ATTY. RINALDI: You can do that, but  the majority already voted. You don't have a vote after the majority votes to fill the  vacancy.  MR. RUSSELL RINALDI: But if  Councilman Notari feels more comfortable :  MR. NOTARI: Well, that's why I felt  more comfortable doing it the way we've done it as past practice, by voting by name. That's why I was more comfortable to do  that. I was under the -  ATTY. RINALDI: I'm only following  the rules you guys adopted.  MR. RUSSELL RINALDI: At this time  the chair would entertain a motion to appoint Andy Butler to the 01d Forge Borough Council seat. Roll call, please, Marylynn.  MS. BARTOLETTI: Councilwoman    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  Avvisato?  MS. AVVISATO: No.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Yes.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: No.  MS. BARTOLETTI: Councilman  Lettieri?  MR. LETTIERI: Abstain.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: Yes.  MS. BARTOLETTI: Councilman Rinaldi?  MR. RINALDI: No. Bill? ATTY. RINALDI: Doesn't change.  Still Komensky is appointed to fill the  vacancy.  MR. RUSSELL RINALDI: Mr. Komensky,  congratulations. You cancome up and be  sworn in, please.  (Magistrate Seig administered the  oath of office to Mr. Komensky.)  MR. RUSSELL RINALDI: Thank you,  your Honor.  MAGISTRATE SEIG: Thank you. Really  an honor to be asked to come out.    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  MR. RUSSELL RINALDI: We appreciate  it. Ladies and gentlemen, at this time council is going to break into a brief recess, about ten, 15 minutes. We're going to go back in the room, talk with the new member, like I said, address council, the solicitor, and our borough manager and mayor. We'11 be back out in a few minutes.  (A brief recess was taken at this  time.)  MR. RUSSELL RINALDI: Once again,  good evening, ladies and gentlemen. We're going to continue the meeting. We have to take our next step now that we have the seat appointed. We're going to entertain a motion now for the appointment of borough  council president.  MR. FEBBO: At this time I'd like to  nominate Russell Rinaldi as president of 01d  Forge Council.  MR. RUSSELL RINALDI: Thank you very  much, Councilman Febbo.  MS. AVVISATO: And I would like to  second that motion.  MR. RUSSEL RINALDI: Thank you as    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  well, Councilwoman Avvisato. Motion on the floor for Russell Rinaldi to be president of 01d Forge Borough Council. Roll call,  please, Marylynn.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Yes.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Yes.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Yes.  MS. BARTOLETTI: Councilman  Lettieri?  MR. LETTIERI: Yes.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: Yes.  MS. BARTOLETTI: Councilman  Komensky?  MR. KOMENSKY: Yes.  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: I abstain.  Thank you very much. I appreciate it.  The next motion on the floor is a  motion to appoint a vice-president to the  01d Forge Borough Council.    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  MR. HOOVER: I'd like to make a  motion to nominate Rick Notari  vice-president of the 01d Forge Borough  Council.  MR. RUSSELL RINALDI: Motion on the  floor by Councilman Hoover.  MS. AVVISATO: I'd like to second  that motion.  MR. RUSSELL RINALDI: Seconded by  Councilwoman Avvisato. Roll call, please.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Yes.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Yes.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Yes.  MS. BARTOLETTI: Councilman  Lettieri?  MR. LETTIERI: Yes.  MS. BARTOLETTI: Councilman Notari? MR. NOTARI: I'11 abstain. MS. BARTOLETTI: Councilman  Komensky?  MR. KOMENSKY: Yes.    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  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Yes.  Congratulations.  MR. NOTARI: Thank you very much. MR. RUSSELL RINALDI: You're  welcome. At this time council is going to continue on with the meeting. Let me just start off by once again welcoming everybody. We're going to go through a series of housekeeping motions, we'11 hear from our department heads, we'17 hear from our council members, our mayor, we'11 hear from our borough manager and our solicitor.  There's a public sign-in sheet.  Anyone in the public is welcome to address us at the end of the meeting. If you didn't sign in and you'd like to at the end of the meeting I'11 ask. Everyone will have time  to address council.  With that being said, we're going to  move right to a few of our housekeeping motions. The first item under business is a motion to approve the minutes from the prior  meeting.  MR. LETTIERI: I'17 make that    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  motion.  MR. RUSSELL RINALDI: By Councilman  Lettieri.  MS. AVVISATO: I'17 second that  motion.  MR. RUSSELL RINALDI: Seconded by  Councilwoman Avvisato. On the question? Public input? Roll call, please.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Yes.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Yes.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Yes.  MS. BARTOLETTI: Councilman  Komensky?  MR. KOMENSKY: Abstain. MS. BARTOLETTI: Councilman  Lettieri?  MR. LETTIERI: Yes.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: Yes.  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Yes. Second    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  item under nousekeeping is motion to approve treasurer's report. Please note this does  not include the sewer account.  MR. FEBBO: I'11 make that motion. MR. RUSSELL RINALDI: By Councilman  Febbo.  MS. AVVISATO: I'11 second it. MR. RUSSELL RINALDI: Second by  Councilwoman Avvisato. On the question? Public input? Ro1l call, please.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Yes.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Yes.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Yes.  MS. BARTOLETTI: Councilman  Komensky?  MR. KOMENSKY: Abstain. MS. BARTOLETTI: Councilman  Lettieri?  MR. LETTIERI: Yes.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: Yes.    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  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Yes. The  third item under nousekeeping is motion to approve invoices for payment. Once again, please note this does not include the sewer  account.  MR. HOOVER: I'11 make that motion. MR. RUSSELL RINALDI: By Councilman  Hoover.  MR. LETTIERI: I'11 second. MR. RUSSELL RINALDI: Seconded by  Councilman Lettieri. On the question? Public input? Roll call, please.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Yes.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Yes.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Yes.  MS. BARTOLETTI: Councilman  Komensky?  MR. KOMENSKY: Abstain. MS. BARTOLETTI: Councilman  Lettieri?    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  MR. LETTIERI: Yes.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: Yes.  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Yes. Fourth  item under housekeeping is motion to approve sewer department financial report.  MR. NOTARI: I'11 make that motion. MR. RUSSELL RINALDI: By Councilman  Notari.  MR. FEBBO: I'11 second it. MR. RUSSELL RINALDI: Seconded by  Councilman Febbo. On the question? Public  input? Roll call, please.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Yes.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Yes.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Yes.  MS. BARTOLETTI: Councilman  Komensky?  MR. KOMENSKY: Abstain. MS. BARTOLETTI: Councilman    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  Lettieri?  MR. LETTIERI: Yes.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: Yes.  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Yes. Our last  item under nousekeeping is motion to approve sewer department invoices for payment.  MR. NOTARI: I'11 make that motion. MR. RUSSELL RINALDI: By Councilman  Notari.  MR. LETTIERI: Second.  MR. RUSSELL RINALDI: Seconded by  Councilman Lettieri. On the question? Public input? Roll call, please.  MS. BARTOLETTI: Councilwoman  Avvisato?  MS. AVVISATO: Yes.  MS. BARTOLETTI: Councilman Febbo?  MR. FEBBO: Yes.  MS. BARTOLETTI: Councilman Hoover?  MR. HOOVER: Yes.  MS. BARTOLETTI: Councilman  Komensky?  MR. KOMENSKY: Abstain.    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  MS. BARTOLETTI: Councilman  Lettieri?  MR. LETTIERI: Yes.  MS. BARTOLETTI: Councilman Notari?  MR. NOTARI: Yes.  MS. BARTOLETTI: Councilman Rinaldi? MR. RUSSELL RINALDI: Yes. We'11 go  to some of our department heads. DPW manager, Joe Lenceski. We have his report. Anybody have any questions or items for him?  MR. NOTARI: Joe, how's the, now  that we're into early summer, grass cutting and pick up? How's everything going?  MR. LENCESKI: Going well.  MR. NOTARI: Any falling behind on  anything at all?  MR. LENCESKI: Not really, no. MR. NOTARI: Okay, thank you. MR. RUSSELL RINALDI: Any other  questions?  MR. NOTARI: I have one more. I had  a - resident reach out to me the other day asking if the DPW picked up dead animals from their yard. Do we have that kind of  service?    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. LENCESKI: No, we don't go on  private property. I : spoke with them today.  MR. NOTARI: Thank you.  MR. RUSSELL RINALDI: Any other  questions for the street commissioner? Thanks, Joe. Chris Hart, code  enforcement/zoning officer, anything? Any questions for Chris? Anything to add?  MR. HART: Nothing at this moment. MS. AVVISATO: How are you doing? MR. HART: Good. Still playing  catch up but we're getting there. Making  progress.  MR. RUSSELL RINALDI: Feel a little  more comfortable this week?  MR. HART: Definitely. Like I said,  as the weeks go by I'm trying to tie up some loose ends from the past, but we're getting there. Can't happen overnight but it's  happening.  MR. RUSSELL RINALDI: As long as  we're moving forward.  MAYOR LEGG: I think he's doing an  excellent job in the three weeks he's here.  MR. RUSSELL RINALDI: Anyone else?    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  Did somebody have a question?  MR. TOMEO: Benjamin Tomeo. I need  to be brought up to speed about -- I've just been enlighten and some of my neighbors about a cell phone tower that's being built across the street from my house, in the  vacant lot.  MR. RUSSELL RINALDI: That's going  to come up tonight.  MR. TOMEO: I'11 keep it as brief as  Ican. I hope it's not too late for public  input.  MR. RUSSELL RINALDI: It's  absolutely not too late. That's on our agenda tonight, sO before it goes to a vote, if it does, council will have a chance to speak on it, the firm will have a change, and, obviously, the public. Any other  questions until then?  MR. TOMEO: No: MR. HART: That's all.  MR. RUSSELL RINALDI: Dave Lopatka,  engineer's report. We have it. Anything to  add?  MR. LOPATKA: Nothing to add. Just    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  Rick's going to ask me to update on the  building.  Everything is moving forward. There  is one little hiccup with regard to the blue stone we're putting on the front of the building. The contractor has requested pricing and everything from eight different companies and there's not : they're all sO busy he's not even getting responses. He's trying to find it. They initially had two or three local people that they were trying to get it from. They weren't getting back to them at all. So they reached out a little further. So there's, like, five or six different manuracturers or companies that they're trying to get it from and they're not getting much response.  We're going to keep trying on that.  That's really the only big issue that we're  trying get resolved.  MR. FEBBO: That problem I read in  your report about the painting, the brick?  MR. LOPATKA: No. I don't have it  in front of me. I don't know exactly what it says with regard to the paint colors.    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  MR. FEBBO: Something about the  senior citizen center.  MR. LOPATKA: No, that's separate.  The senior side, there's a bunch of brick that's actually puling away from the building on that side. So we looked at it and we had our structural people look at it, we had the architect come and look at it. So the fix for that. In your report there's kind of a fix for it. We have to basically take, like, the top four or five rows of brick off and replace them. There's actually a patch there from when they took  the old step unit out.  So we're trying to figure out  exactly how that is. That part of it's in your report. It kind of details what the fixes are. I think there's one or two options that we came up with. I know we're going to talk about that or you guys need to talk about that as to how we need to move  forward with that.  MR. FEBBO: So it's nothing pressing  that we have to discuss tonight?  MR. LOPATKA: We need to come up    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  with a resolution on it. It doesn't have to be today, but we need to come up with a resolution so we can get a price back from the contractor to see what the cost would be  to fix it.  MR. NOTARI: Dave, obviously my  first question is shouldn't the blue stone have been ordered as soon as we awarded the  bid?  MR. LOPATKA: I mean, it kid of  doesn't go in that : they sent submittals to us. Now, that submittal, first we were trying : on the plans there was : we needed to come up with a detail as to how to attach it to the building? So that took : it didn't take that long. It took a little time to come up with the connection. Then once we got that approved, they go out and they're supposed to get us a submittal on  blue stone.  Well, since then they've been trying  to get somebody to send the submittals, which is usually the manufacturer sends them submittals on the blue stone, and they can't get anybody to respond. I mean, they don't    25  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  order it right out of the gate just because there's a lot of work to do before you get to it. It's just a part of the process. So unfortunately they've been trying now for  quite a while.  MR. NOTARI: Once we get this blue  stone, how Tong is it going to take to be  put up?  MR. LOPATKA: It's basically just  the entrance and wrapping that post that's in the front. Probably wouldn't take that long. They have work to do to get to that point. They have all the other stuff that they can be doing while we're trying to  locate blue stone.  MR. NOTARI: So it shouldn't delay  the project too much.  MR. LOPATKA: Well, the majority of  the project can get done other than, potentially, just blue stone.  MR. FEBBO: Does that come from  local, in our area, Hop Bottom?  MR. LOPATKA: They typically would  get it from local manuracturers, but the local manufacturers, I don't know if they're    26  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  sO busy, but they're just not getting back to them. I know that they called -- I actually called one local guy, and he said we're backordered two months right now. And then it has to be cut. It's not just rough blue stone. It all has to be cut. You  can't get it locally.  MR. NOTARI: Thank you, Dave. MR. HOOVER: Under new business  there's two change orders, three and four.  What are they for?  MR. LOPATKA: Twenty-four is for MS. AVVISATO: The police area? MR. LOPATKA: Yeah. Remember the  police area we had a wall and one area was just storage. So there was actually a deduct in there for some of that, then there was an add because we're putting a big countertop around that whole section.  That's what that was for.  The other one was on the front of  the building as you're coming in, on the right, and in front of council chambers, the windows. Once they tore the roof and everything off there's flashing showing up    27  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  up there. And we don't have the brick to kind of replace that, it would look a lot better if we stucco over that section instead of trying to replace all that brick  up there.  MR. NOTARI: You're saying stucco,  but really it's Dryvit. Right?  MR. LOPATKA: Yeah. That look,  yeah.  MR. HOOVER: And that change order,  that's going to CDBG for the elevator?  MR. LOPATKA: That one was. MR. HOOVER: Okay, that's all. MR. RUSSELL RINALDI: Any other  questions for Dave?  MR. CROSSIN: Michael Crossin. Is  there handicap access ramp?  MR. LOPATKA: Well, the handicap  access ramps go into the police station. That's one of the whole reasons we're putting the elevator on, to provide accessibility for the whole building.  MR. CROSSIN: So the handicap ramp  goes into the police station?  MR. LOPATKA: You park in the back,    28  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  you can get to either floor.  MR. CROSSIN: Now, suppose you have  an emergency in the building? Handicapped, you can't use the elevator, they have to go through the police department. How do they get into the police department if there's nobody there to use that ramp to get out of  the building?  MR. LOPATKA: Well, there's areas of  refuge inside the building if there is :  MR. CROSSIN: Would you want to be  inside that building if there was a fire?  MR. LOPATKA: A11 we can do is go by  the code, sir.  MR. CROSSIN: I don't think you're  right with that.  MR. LOPATKA: It got reviewed by a  third-party reviewer for the borough, BIU.  MR. CROSSIN: Did they happen to  check with the Americans with Disabilities  Act?  MR. LOPATKA: It's'all part of the  code.  MR. CROSSIN: I don't know how you  can have a ramp in case of emergency inside    29  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  one of the offices that may be locked and unable to get out. Doesn't make sense. You're putting the borough at jeopardy if,  God forbid, something happens.  MR. LOPATKA: It's all done by code,  sir.  MR. CROSSIN: I don't care if it's  done by code, it's common sense.  MR. RUSSELL RINALDI: Any other  questions? Anyone else for Dave? Thanks,  Dave.  Police chief, we have your report.  Anything?  CHIEF DUBERNAS: I just gave you the  other monthly one. I forget to give it to Sandy. The one that she e-mailed you was  the comm center breakdown.  MR. RUSSELL RINALDI: Anything else,  Chief?  CHIEF DUBERNAS: That's it. MR. RUSSELL RINALDI: Does anybody  have any questions for the chief? Thanks,  Chief.  MR. HOOVER: I have one question.  Do we continually have a cop down the park    30  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  on Miles Street?  CHIEF DUBERNAS: My second shift  guys go there, and then if we know there's an event there I will schedule somebody  there.  MR. HOOVER: I went to a girls  softball game, a playoff game, and there was dogs all over the place, kids on bicycles. The place was jammed. I had to tell two of the kids you're not allowed to bring your bikes in there. I don't know how that happens if there's supposed to be a cop there. A lot of senior citizens down there  watching their grandchildren.  CHIEF DUBERNAS: There's not one  scheduled here, they just go throughout the  afternoon.  MR. HOOVER: I think when there's a  large playoff game next time, I think we should put someone there permanently.  CHIEF DUBERNAS: Okay. If I'm told.  Even with the little league, if we had a schedule I would have somebody there. I don't get all the schedules all the time.  MR. HOOVER: People from 01d Forge    31  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  were bringing their dogs there.  MR. NOTARI: I noticed that, too,  and I was going bring it up and have our rec board and our rec committee meet and go over park rules, update them, make sure we get some better posting at the park, some promotion of the rules. I mean, kids are kids, but the adults are the ones that disappoint me. They know there shouldn't be a dog in the park, yet they bring their dogs in the park. So we'11 work on that.  MR. RUSSELL RINALDI: Any other  questions? Anything else, Chief?  CHIEF DUBERNAS: No.  MR. RUSSELL RINALDI: Thank you.  Attorney Rinaldi, solicitor's report.  ATTY. RINALDI: Tonight you have on  your agenda consideration for passage of the zoning amendment changing the three parcels and extending the boundary line from  residential to C-2.  You also have the garage bids, which  Marylynn can go over with you.  And the lease agreement. I did get  a lease agreement put together for the Saint    32  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  Lawrence Church. The bishop signed the deeds today, so I have to pick them up  tonight.  MR. RUSSELL RINALDI: Thanks. Any  questions for the solicitor?  MR. HOOVER: Yes, I have a question.  Where do we go tomorrow? Today's June 15th.  What do we do with :  ATTY. RINALDI: He's supposed to  meet one condition on June 16th. Probably repeat with Chris, see if we can't get a view of the property and then notify the judge of the condition. Then he's got to first comply with the rest of the order, which is bring it totally in compliance. Put up the screen planting, put up fencing, get a permit before that work gets done, forfeit the $20,000 bond with the borough, py the borough attorney's fees of $7,500. That order's going into effect even though  there's an appeal pending.  MR. HOOVER: A11 right. We'11 go to  the judge tomorrow.  ATTY. RINALDI: I started on the  letter already.    33  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. HOOVER: Okay.  MR. NOTARI: In that line of  questioning, how do we collect on the fine he owes us since November of 2017, $500 a  day fine?  ATTY. RINALDI: That will be the  next step.  MR. NOTARI: Okay. By my count last  week it's about $650,000.  ATTY. RINALDI: That's daily, yes. MR. HOOVER: That's all. MR. RUSSELL RINALDI: Any other  questions for the solicitor? Thanks, Bill.  Marylynn, borough manager's report? MS. BARTOLETTI: Okay. Everyone has  my financial report. Does anyone have any questions? No? Okay. As Russ said, we have the contract with Mascaro. We can do that during new business. That's all I  have.  MR. RUSSELL RINALDI: Does anybody  have any questions for the borough manager? Thanks, Marylynn. I'17 go down the table, see if the mayor or council have anything.  Mayor Legg?    34  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  MAYOR LEGG: Thank you,  Mr. Chairman. I'd like to congratulate you on being named president of council and Councilman Notari on being named vice-president. I think two excellent selections. And Mike, welcome aboard. My former student. Welcome to this room of fine homo sapiens. That's all I have.  MR. RUSSELL RINALDI: Thanks, Mayor.  Councilman Febbo?  MR. FEBBO: No, I'm good. MR. NOTARI: I'd just like to  congratulate the 01d Forge High School graduates. I know they used the Miles Street park for some of their activities before graduation and after graduation, and wish them the best and thank them for kind of taking our spring sports teams and kind of bringing them back to a little bit of normalcy. We had two fine seasons from our spring sports teams. That's all I have.  MR. LETTIERI: I'd just like to  congratulate Mike, welcome, and also  yourself and Mr. Notari.  MS. AVVISATO: I'm going to echo    35  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  that. Congratulations, Mike. Russell and Ricky, you guys do a good job. Mike, I know you will do a good job as well. That's all.  MR. RUSSELL RINALDI: Thank you  very much. Councilman Hoover?  MR. HOOVER: I'm good.  MR. RUSSELL RINALDI: I'd just like  tos say congratulations to Mr. Komensky as well. I know I stated that this isn't an easy position to sit in and I commend anyone who comes forward to do it. I'd just like to thank the candidates, the other two applicants as well, who put in. I don't want to let them go unnoticed. It takes a lot of effort to do that, too, as well. So I'd like to compliment them on that.  I'd like to congratulate Councilman  Notari on his vice-presidency. I think it's well deserved. I actually think any member who sits at this table could either be president or vice-president.  I'd like to thank you all for also  nominating me and making me the new  president. Again, I feel that the president who sits in the middle of the table doesn't    36  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  have any more power than any of you who sit at this table. My only duty is to run the meetings. We all have the same agenda, we all have the same people in mind, and I feel that we're all on the same level. Like I said, other than me running the meeting, I don't feel any more important or higher than any of you. So to put me in the middle and have me conduct the meetings I say thank you  very much.  I'd also echo off Councilman Notari  on congratulations to the high school graduates and our sports teams.  Before we move into new business, if  no one has anything else we're going to go into public comment. Anything else before  we go into public comment?  First public comment, Mrs. Wilk? MS. WILK: I'm here on the tower  that's being put in behind my house. I listened at the last meeting that was here. It's a cut deal. There was supposed to be a  vote on whether to change it from  residential to commercial. They're already working on it. I saw them. Mr. Mariotti, I    37  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  saw, Verizon was over there. What happened to the vote on saying okay, this is what  we're going to do? Not done.  The radiation from those towers :  and correct me if I'm wrong, Mr. Febbo. The gentleman said tower is high, and whatever comes out of the tower will go into the atmosphere. That's called secondary radiation. Secondary radiation is the most harmfulest radiation going on. Same way as an X-ray tech walks into the X-ray room after they take an x-ray. The secondary radiation bounces off the walls. She really gets -- he or she is the one that's getting hit with that radiation. I know. I was an x-ray tech. Never listened to what I should have done, now I'm paying the price for it.  We had a lot of cancer in our  neighborhood. My husband had brain cancer, several people in the neignbornood. I, myself, have some medical issues. I think it is a bad thing by putting that up, that tower. There's houses there, schools there.  It's a safety factor.  I know these guys know it's a done    38  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  deal because at the last meeting the gentleman from Verizon got up and said I'11 be back. I 1 talked to PPL. I'm going to have an extension. Nothing was said. Nothing was voted on. Correct?  Then your planning commissioner :  one of your planning people, Piccolini, voted to have this changed from residential to commercial. Couple days prior to that meeting he came from Florida, from the Mariotti : from the Mariotti place that they have out in Florida. The compound out  in Florida.  This place is being investigated  now. I think it should be continued to be investigated on your planning commission. It's not fair, it's dangerous. People like my next door neighbor, cancer. Go right down the list, down the whole street. It's not a safe place putting that tower up. You're making people rich who are already rich, who could care less about what happens in that town, and I am against it for that purpose, with the school there, four houses  right there. It's not safe.    39  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  But Verizon's already been in  contact with PPL, sO apparently you guys must have had a meeting I didn't know about.  MR. RUSSELL RINALDI: There was no  meeting.  MS. WILK: I know there wasn't,  Russell. I - know there wasn't. There is the assumption of it's a done deal here.  MR. HOOVER: I noticed something  going on over there today and I stopped. It seems like they're putting some kind of a small tower -- let me finish : on their property that's there. It's behind the fence, I think. I saw it today. It's probably some existing work that's going on there. But it has nothing to do with the  new tower :  MS. WILK: Mr. Hoover, the first  week of June they were there. I saw Mariotti in his Mercedes. I graduated with the guy. PPL was there, Verizon was there. Well, you got one investigation. You might have another one because I plan on talking toone of my friends who's a retired federal  prosecutor.    40  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. NOTARI: Mrs. Wilk, you said  there was work going on there.  MS. WILK: They were down there  about a week : first week of February.  MR. NOTARI: The first week of  February?  MS. WILK: Not February, June.  First week of June.  MR. NOTARI: Has there been anything  in front of the planning commission that would have to do with any work on that  property?  MR. GOETZ: No, there's not, but  they're doing property maintenance on their own stuff. Nothing would have to be brought up in front of planning. My understanding of what's going on right now is that's exactly what they're doing. They're already there. Just basic maintenance. Updating whatever they have to. There's no permits,  there's no :  MR. RUSSELL RINALDI: Let me jump  in. Are they doing work behind the fence?  MS. WILK: A whole bunch of them  were there, Russell, the first week of June.    41  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. RUSSELL RINALDI: Behind the  fence, that's PPL. Am I correct?  MS. WILK: No, this is on Mariotti's  property.  MR. RUSSELL RINALDI: Well, if  Mr. Mariotti goes on his property :  MS. WILK: With Verizon?  MR. RUSSELL RINALDI: I'm not saying  he's there with Verizon but :  MS. WILK: I saw Verizon.  MR. RUSSELL RINALDI: If he pulls up  on his property like you said, we can't stop someone from going on their own property.  MS. WILK: But I saw Verizon. The  man tried to pan off his property to the  school board.  MR. RUSSELL RINALDI: But there's  representatives here from the tower. Gentlemen, just sO we can clarify, is there -- you guys don't have any dealings with anything behind the fence, do you?  ATTY. SOLFANELLI: No. I represent  the applicant for the zoning change, Summit Tower. If you recall, three weeks ago we had extensive hearings on this zoning    42  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  change.  As far as activity there : and as  you heard from us, we've been in contact with PPL and Verizon and other companies in formulation of a potential plan that we would put there. We're obviously not here to go through the project without talking to people about what would go where, how do we do it. So there's been contact. It's obviously not us. We told you the communications we had. They were brought forth at the meeting. There's not active work being done on the Bell property parcel. PPL, on their property, is doing work for whatever they do. Those are operating  transformers.  But there is nothing  as you know,  there's various steps that would go to that ultimate project we're discussing. Change of zoning, we presented evidence at the hearing. I don't want to get ahead of anybody else. A11 of you had various questions and concerns that I think we got into great detail about with some of the experts. They did cover some of this.    43  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  But there's obviously several steps  left. We've been open about where we are in the planning stage, what was done, what we  plan on doing.  MR. RUSSELL RINALDI: I just asked  you because :  ATTY. SOLFANELLI: There's no  activity.  MR. RUSSELL RINALDI: The work being  done behind the fence :  ATTY. SOLFANELLI: That would not be  us. There are procedural steps that would come before the ultimate fruition of the project in accordance with the law and borough policies that we would be following. Of course we're going to be there because we have more things to do before we can do  anything.  MS. WILK: Yeah, right, Dave. MR. RUSSELL RINALDI: Mrs. Wilk,  anything else?  MS. WILK: No.  MR. RUSSELL RINALDI: Dave  Merhalsk1?  MR. MERHALSKI: Storm drain problems    44  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  on Mowry Street, Kelly Drive and Lori Lane. When we have a heavy rain storm the water comes down, there's no storm drains on the streets, and it collects off to the side of Mucciolo's house. It's a big lake. So it's a catastrophe waiting to happen. Even in the wintertime, when it thaws out you get ice. It's a big river. There's no storm  drains there at all.  MR. RUSSELL RINALDI: If you give  those street names to our borough manager she'11 have our DPW manager go up there.  MR. MERKOWSKI: At one time there  must have been a bore hole there where it drained down. Also, when we had the flood that time up by Saint Stan's, where the creek washed out, the road that's going up on Mine Street going up by the cemetery, does anybody have any idea who owns that road going to the cemetery? Is it the diocese or Saint Mary's? Back in the day the borough paved that road. They plowed that road. If it wasn't for Carl from the firehouse - he's the one that put the pipes back in or we wouldn't be able to go up    45  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.  MR. RUSSELL RINALDI: If you want to  give us until tomorrow, let the solicitor pull the deed and find out who owns the road. We'11 have him investigate it.  MR. MERKOWSKI: Thank you.  MR. RUSSELL RINALDI: Thank you. TJ  Cusumano?  MR. CUSUMANO: I'm just here to get  council approval on a subdivision that the planning commission already approved. I think the engineer looked at it.  MR. RUSSELL RINALDI: You're under  new business tonight for a vote. If you want to stick around for new business.  You're item seven.  Joe Tagliaterra?  MR. TAGLIATERRA: I have several  questions about a business that's down the bottom of our street. It's Butler Street. It's turning into a nuisance. We got motorcycles screaming all around up and down the alley, cars that they work on. I don't  know what they do down there.  MR. RUSSELL RINALDI: Not to    46  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  interrupt you, but are you talking about the  garage on the :  MR. TAGLIATERRA: Yeah, Ronnie's old  garage. Cars parked all over the place. People can't get up, people can't get down. It's not a really wide road. Noise all the time with these four wheelers. They're getting on them, tweaking them out, zipping up and down the allies, going up and down Main Street constantly. I don't know where  the cops are.  But this is what's going on.  There's cars all over the place. They're pulling cars out of there, bringing cars back down the hill on tows, whatever. If something happens there : there's a lot of elderly people on both streets, Garbler Street, Butler Street. You know, an  emergency vehicle will never get up there in  time.  Ij just want to know do these guys  have permits? Are they licensed to do what they're supposed to be doing there? What exactly are they doing there and do they have the proper setup there? Do they have    47  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 proper permits and licenses and things  like that?  MR. RUSSELL RINALDI: Chris, are  they all permitted up there?  MR. HART: Yes, they are in  compliance with everything.  MR. RUSSELL RINALDI: Are you  gentlemen here from : we'11 let you speak in a moment. Let me talk with the zoning  officer.  Are they permitted7 MR. HART: Yes, they're in  compliance with everything. They're an auto  shop. A mechanic's garage. It's  commercially zoned. They're within every ordinance in town. They're not permitted to paint, they're not painting. I've been there multiple times. You can speak to Jason. We checked cars, motorcycles, quads.  Everything is legal, legit.  MR. TAGLIATERRA: They're permitted  to drive all over the place?  MR. HART: That is not an issue with  zoning or anything with the business. That's a police matter. But when it comes    48  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  to zoning, when it comes to their business operating they are within compliance with  everything.  MR. HOOVER: Hours of operation? MR. HART: As far as I'm concerned,  yes. I mean, they're there eight to five. m mean, whatever happens after my hours when  I'm out :  MR. HOOVER: Do they know they have  to stop working at five? They can't :  because I get complaints.  MR. RUSSELL RINALDI: They're here. MR. HART: They're right here. Our  noise ordinance, I don't know how that works, but at the end of the day it is their property. I can't go if they're not breaking any zoning laws or anything like that or breaking any ordinances on my end. Everything else is complaints to the police.  CHIEF DUBERNAS: The complaint we  got was at 11:00 at night. We had one phone  call about motorcycles.  MR. RUSSELL RINALDI: You responded  to it? What did we find?  CHIEF DUBERNAS: They were in the    49  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  garage. It was not on the roadway but they were in the garage. I'd have to look at the report on exactly what happened there. I want to say it was a Friday night they said they were in the middle of the roadway revving a bike up. When they came there was nobody there but they were in the garage.  MR. TAGLIATERRA: So the hours of  operation are from?  MR. RUSSELL RINALDI: Gentlemen,  what are your hours of operation?  MR. MERRITT: Paul Merritt. Our  hours of operation are normally eight to five, like you said, but there's times : like, I have a pregnant wife at home. I have doctors appointments once a week, sO there's times where I'17 stay there later on in the day. Until last week I was unaware of the hours that we're supposed to be open to. - I heard there was a noise ordinance at  8:00 instead of 11:00.  Now, we aren't from here. We're  from Scranton. So down in Scranton it's 11:00. You're allowed to make all the noise you want no matter what you do until 11:00.    50  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  Up here we were told it was 8:00. We have not been there past 9:00, maybe 10:00, and he makes no noise. We shut the door down at 8:00 sO you can't hear nothing outside. If we have to rev something up we shut down and wait until the next morning to do it.  As far as cars being towed in and  out of there, we're an auto garage. We change motors, transmission. Sometimes things don't come out right from the junkyard or we'11 have a customer bring a part in, they grab the wrong part. So we have to wait on it. Like, we have a job now tied up. We have the wrong motor from the junkyard. Still waiting for the right one.  When something like that occurs,  then we have other stuff that comes in we'17 push, tow it : actually a neighbor came out and gave us a tow chain and said use this. It's a lot stronger. We've been using that  ever since.  Not only that, you guys are going up  the street around 50, 70 miles an hour. I got multiple people that drive up there. Red pickup truck, Lexus, Audi, Volkswagon :    51  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. TAGLIATERRA: Not mine. I can't  afford that.  MR. MERRITT: I'm not here to  complain or cause problems. I'm doing everything by law. Everything in my power to make sure I don't make the neighbors any  more mad than they already are.  MR. TAGLIATERRA: So 5:00 is shut  down time.  MR. RUSSELL RINALDI: 8:00 is the  noise ordinance. Business hours, eight to five. Eight clock is the noise ordinance.  Ben Tomeo?  MR. TOMEO: Benjamin Tomeo, 199  Marion Street, 01d Forge. Coming a little  bit late into this regarding my  understanding and my neighbors talking to me about this proposed cell tower. It's right across the street from my house and theirs. There are a litany of concerns that people have, echoing a lot of the same that Joan was saying. Are you going to vote on this  ordinance tonight?  MR. RUSSELL RINALDI: This is under  new business tonight.    52  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. TOMEO: Then I'11 try to be as  brief as possible. I would like to address this issue at three levels. One would be the community level. The health, safety. It's next to a multi-thousand watt power station, and they want to put this tower up there and there's already thousand-foot poles carrying power lines across the school grounds and in the neignbornood. There's already a major power station there.  A cell station, a school and  residents, God forbid. Could terrorists want a better target than that? Just think about that for a second. Me, it's going to  happen.  The health value. Joan addressed a  lot of that. We know that there are things that are very harmful that come from cell towers. Why does this has got to be put in the middle of the people of our town? It's not necessary unless - it's not a public utility. This is a commercial business. These aren't, you know, the eminent domain types of situations where it needs to be there. Doesn't need to be there. You know,    53  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  it's detrimental to just about everything around there. Home values. You know, there's a legal level there.  Let me just read the definition of  spot zoning. This property is surrounded on four sides by an R-2 zone, and even if it was three it would have to be under very close scrutiny. "The process of singling out a small parcel of land for use  classification totally different from that of surrounding area for the benefit of the owner of such property and to the detriment of other owners." That's exactly what we have here, and it's just not good for  citizens.  Now, I came late because they just  came and let me know about this stuff. Just a - little quick studying about it. I hope you haven't already made up your mind. Please. This is really kind of important. I'm - on my way out, I don't give a damn, but I do have some community responsibility. I feel this is a very irresponsible thing to do to this community in just about every  other way.    54  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  At a personal level, I can tell you  I don't know what's going on here. I think it needs a really good going over before a decision is made that we're going to regret later, we're not going to be able to take back. The people in town are going to get up one morning and they're going to look out their window and see this huge tower from all over the town. You know what they're going to hash tag? OMG. Who shot in my  bidet.  Now, who is it that's behind this  and why is this happening before you guys haven't even : they're working on stuff constantly there. I don't know what the hell they're doing. Work for PPL or working for the cell tower. But there's towers going up there. I have photos of them right here. There's already a tower platform  there.  MR. RUSSELL RINALDI: The gentlemen  are right behind you. They already addressed Mrs. Wilk. There's none of their work taking place there. Am I correct to  say that?    55  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. TOMEO: Can you verify that  before you vote on this? Unless you guys already have your minds made up.  MR. HOOVER: No.  MR. NOTARI: I don't have my mind  made up.  MR. RUSSELL RINALDI: It's nothing  about our minds being made up, but there's work being done behind the fence. They don't own property behind the fence.  MR. TOMEO: I don't care about : MR. RUSSELL RINALDI: Well, you're  saying that's where the work is being  performed.  MR. TOMEO: We don't know what it's  all about.  MR. RUSSELL RINALDI: They have no  rights to that property.  MR. TOMEO: Sixty percent of that  property was one owner, the other 40 percent  belongs to the school district.  MR. RUSSELL RINALDI: The property  owner is public record.  MR. TOMEO: I thought it was the  Mariotti family.    56  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. RUSSEL RINALDI: It is.  MR. TOMEO: But we just want to know  how much of this is going on and why it's necessary. I mean, we're just little guys in the neighborhood. That cell tower, you know, I don't want the Eiffel Tower next to my house. This is right next to my house. Id didn't even know it was going on before  now.  God forbid anything happens there.  That tower comes down it's going to hit the power grid, it's going to knock the power grid off, knock the school off, and the safety of the school. They've already trampled on that with their power lines. But that may be what's necessary because of  eminent domain.  This is a private company trying to  use that for business, private business, and asking us as a community, a town to rezone it so they could put their business on a residential area. This is wrong. This is wrong. I really implore you to really think about this before you decide what effect this is going to have on our community.    57  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  It's not going to be good. I C don't want to live next to the Eiffel Tower. I ( don't care. If it had to be, it had to be. But this is not necessary. Just all business, all money. That's about all I can say.  Vote your conscience.  MR. RUSSELL RINALDI: Just to let  you know before you leave the table, this isn't something that just started. This has been a process for months and months on end.  So it isn't just like a surprise.  MR. TOMEO: I understand that, and  I'm sorry to be onnny-come-lately.  MR. RUSSELL RINALDI: My explanation  to you, in no way, shape or form am I speaking in defense of the company. I'm just giving you the information as a  representative to you.  The property was legally advertised.  There was a public hearing last month on this. Members of the public were invited to come if they wanted to address. They had a lot of their people here last time. But they had experts here last time, they ran down everything with council and the public    58  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  at the meeting. They went through the allowable heights of the tower, the band width that comes off, if the tower was to fall. I think if you were here at the last meeting they would have -- I'm not saying they would have made you comfortable, but they would have definitely answered a lot of your questions. If you have questions for them turn right around and ask them.  MR. TOMEO: Council should not move  on this tonight until we look into it a little bit more because the neighbors are just starting and they got a hold of me. I'm responsible for them. I just think we need to rethink this a little bit before we go ahead with that. You guys feel like you got it all wrapped up, but ultimately people nearest it are going to pay for this. It's not necessary. Just somebody's business, and it's spot zoning, by the way. I'd take  you to court on that.  MR. RUSSELL RINALDI: Any other  questions?  MR. TOMEO: No.  MS. SHELSKI: Ann Shelski, and I    59  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  live directly across from this tower. I said I'd like to know if any member here would like to live directly across from this  tower and feel safe.  MR. RUSSELL RINALDI: Are you  directing your question towards anybody?  MS. SHELSKI: Everybody.  MR. RUSSEL RINALDI: I can answer  for myself. Do you want to ask me? Okay. If the concerns were addressed, like what I've heard over the past few months, and I think it's even longer. We sat through these meetings -- I sat through them, all public. Anyone was able to attend them. They came forth and explained to us, like I was giving Mr. Tomeo an explanation, if the tower were to fall, how high it is, the band width that comes off of it. If all that is proven to be 100 percent accurate and all of that was 100 percent expertise and all after was 100 percent covered, me personally, as long as it's built to the ordinance, as long as it's followed by the code, well, then it wouldn't brother me. I don't know how other members can answer, but I can only answer    60  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  that for myself.  MR. TOMEO: Okay. The idea of it is  you don't have to.  MR. RUSSELL RINALDI: No, I just  answered a citizen's question.  MR. TOMEO: We have to live next to  it.  MS. SHELSKI: And we have no choice. MR. TOMEO: Sorry I came so late,  but I just learned about this. I didn't see any public notification. I don't know where these meetings were published, when they were held. I don't have any of that background. I think that it's going to be  reviewed.  MR. RUSSELL RINALDI: They were all  in the newspaper.  MR. TOMEO: Do we have proof that  these were all published and everything? Because I can't believe I missed that.  MR. RUSSELL RINALDI: Are you asking  if we have proof? We have copies of all the  ads that are published in the :  MR. TOMEO: Can we look at those? MR. RUSSELL RINALDI: Could you get    61  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  a copy? Of course you can. Call the borough office tomorrow. Our borough manager will have one of the secretaries get  you a copy.  MR. TOMEO: This meeting with this  as a subject was not published for tonight. This subject was not published, that there was going to be a zoning vote -- I mean, a council vote on this zoning ordinance. Not  published.  MR. RUSSELL RINALDI: That doesn't  have to be published. What he's talking about is we don't have to publish our agenda. That's what I meant. This one in particular was published, but, I mean :  ATTY. RINALDI: There was an ad  placed that the ordinance will be considered  at the meeting.  MR. RUSSELL RINALDI: But we don't  publish our entire agenda, but this particular one was published.  MR. TOMEO: Can you tell me what  you're going to vote on before you vote on  it? We're going to hear that?  MR. RUSSELL RINALDI: Yeah, you're    62  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 to hear it. It will be read, if it  even comes to the table.  MR. TOMEO: Just on behalf of my  neighbors and myself. Obviously, I'm not going anywhere. I'm at the end of the road. d don't give a shit. But there's a lot of other people who are going to be impacted by a lot of things. If it's not necessary, you know, why cause people's lives disruption so one guy can profit. That's the story of life, but it doesn't have to be. Do the  best you can.  MR. NOTARI: Attorney Rinaldi, if  this motion passes on the change in  ordinance, if they want to put a cell tower on their property they have to go to  planning?  ATTY. RINALDI: You're voting to  extend the C-2 district through the three lots to make them within a C-2 district. So they're currently R-2. You're changing the zoning to C-2 highway commercial. Now, that means anything in a C-2 highway commercial district can be : if it was adopted could be put in that area. One of those things is    63  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  a C cell tower if they get approval from  planning.  MR. NOTARI: That's a special  exception.  ATTY. RINALDI: They can't even make  an application to put a cell tower there because of the zone. It's an R-2 zone.  MR. NOTARI: So they would then go  to planning and planning would have to give them their blessing, and then they'd have to come back to us and then we would have to  give them our blessing?  ATTY. RINALDI: Yes.  MR. TOMEO: You're not making any  kind of final decision tonight?  MR. NOTARI: Not on a cell tower,  just on the zoning.  MR. TOMEO: Who's advised you on the  legality of really even considering the zoning? What really is the reason? It's already got, you know, grandratnered in super heavy duty power conduction plant, thousand-foot poles going all the way up the hill. How much are you going to put on it there and cause them financial and health?    64  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  We don't know what the hell the cell tower's  going to do. That's all.  MR. RUSSELL RINALDI: Keith  Leshinsk1?  MR. LESHINSKI: congratulations on  your appointment, Russell, Mr. Notari and Mr. Komensky. So, now I just heard : you know I'm here about the garage at the bottom of my street, three years. Russell, you're president. I'm going to ask you who thought it was funny for me to keep coming back to every meeting every month if there was nothing wrong? To keep coming back?  MR. RUSSELL RINALDI: If you're  asking me if I thought it was funny, I don't  think it was funny at all.  MR. LESHINSKI: Why won't anybody  tell me that it was zoned correctly, that  I'm barking up the wrong tree?  MR. RUSSELL RINALDI: I think that  it's zoned - to answer your question or to answer Mr. Tagliaterra's question, the zoning is for the business that they're doing. You were coming forth and saying that they were doing a chop shop, you were    65  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  coming forth saying they were doing basically illegal activity. Correct?  MR. LESHINSKI: Right.  MR. RUSSELL RINALDI: It's not zoned  for that stuff. But every time we send our zoning officer there or we send the police there the business they're running is a legal business and that's zoned correct.  But I think what you're saying is :  and don't take offense : your speculation of their business, if you see them doing what you think might be illegal and then you bring it to our attention, it's not zoned  for that type of stuff.  MR. LESHINSKI: Like, all the zoning  guy had to do is tell me Mr. Leshinsk1, a phone call, it is okay to be like that, and Iw wouldn't be all upset and coming here and  complaining.  MR. FEBBO: Let me jump in. We did  not know exactly what it was zoned for until Chris came on board and did extensive research into what is allowed and what is not allowed. We just found that out since  he came on board last month.    66  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. LESHINSKI: Awesome. Your  extensive research, between and auto body shop and a mechanical shop, is there a  difference?  MR. HART: It's not an auto body  shop.  MR. LESHINSKI: Is there a  difference between an auto body shop and a mechanical shop, is what I asked you?  MR. HART: Yes, but they also can  both be combined together because :  MR. LESHINSKI: I'm asking you a  question. A1l I'm asking for is an answer.  MR. HART: I just gave it to you. MR. LESHINSKI: So there is a  difference. So in a mechanical shop what gets done? By description of our code, our borough code, by description of it you're telling me that if you go in to get your air conditioner fixed that's a mechanical shop.  Correct?  MR. HART: Correct.  MR. LESHINSKI: If you go in to  build a car that's not a body shop?  MR. HART: That's also mechanical as    67  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  well.  MR. LESHINSKI: That's mechanical?  Why do they separate it from a body shop to  a I mechanical shop, then?  MR. HART: How can you say that a  body shop is not mechanical as well?  MR. LESHINSKI: Because it's body.  Why do they make a difference of it? Why do they distinctly say it's different?  MR. HART: At the end of the day  it's still mechanical. If you get into an accident with a vehicle where do you take  it?  MR. LESHINSKI: Why do they make it  distinctively different in our borough code?  MR. RUSSELL RINALDI: Gentlemen,  gentlemen, gentlemen. Keith, Keith, there's no reason for either one to raise your  voices.  MR. LESHINSKI: Why was Ronnie Coles  fined in the beginning, a year ago?  ATTY. RINALDI: Because he could  operate there, but the way he was operating  he was violating :  MR. LESHINSKI: Yous knew all this    68  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  stuff and you let me come and do this stuff?  MR. NOTARI: No.  MR. LESHINSKI: Now he comes, he  says three weeks, and there's two different  codes.  ATTY. RINALDI: Do you want me to  finish?  MR. LESHINSKI: I don't know if I  want to hear it.  ATTY. RINALDI: We fined Ronnie  Coles because he was parking vehicles on the  street. That was your complaint.  MR. LESHINSKI: Right, many  complaints.  ATTY. RINALDI: He's only allowed :  which the new owner is : allowed to have sO many vehicles on the premises, and it equates to how big his building is. That's what he was fined for. He went over that and we fined him, among other things we  fined him for.  MR. LESHINSKI: So when they say  there's vanilla ice cream and chocolate ice cream, two different things. Correct? If they put in our code book a mechanical shop    69  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  and a body shop, two different things. Correct? I'm just asking you a question. You're an attorney. I'm asking you a  question.  ATTY. RINALDI: I'11 review it, but  to me  MR. LESHINSKI: You'll review it.  Everybody broke out their phones all the time. Now this guy's going to tell us that that's what the rule is? There's a body shop rule and there's a mechanical shop rule. They got a mechanical shop rule, and I'17 show you cars right now that are smashed beyond recognition. And they got  more cars there than Ronnie.  And you think that all of our  neighbors, you think we've been sitting around wanting to make this up? Like I didn't want this to happen? And then I got to deal : all yous had to do : dude, you better be quiet. I'm telling you now. I'm telling you now. You better be quiet.  Listen, I'm not getting any  satisfaction nowhere. Not paying taxes, and now it went from blaming it not on the cops    70  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  to blaming it on the code and the code guys right now. Now it went both ways. It went backwards. Ronnie was fined, now they're not. They got just as many cars on their lot. I - almost got hit by a quad the other day. I've been coming to you guys for three and a half years and nothing's getting done. The cops blame it on code, code's blaming it on the cops now, now nothing's getting done. A11 these neighbors, all these husbands, wives, fathers, people that work are all lying. They have nothing better to do.  Ia almost got hit head-on by a quad  the other day in my own neighborhood where I've lived for 25 years, and I got people laughing at me and making faces. You think I'm having a baby? Is that what you asked we that one day? You think I'm pregnant.  They call themselves a salvage yard  on Facebook. They're selling junk cars. They're buying cars and building one car out of three. It's illegal. It's not a mechanic shop. He needs to read more.  MR. RUSSELL RINALDI: Who needs to  read more?    71  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. LESHINSKI: Our zoning guy.  He's incorrect. I C called you three times. Correct? You haven't called me back.  MR. HART: I'd call you back, but  every time I speak with you you get hostile  and :  MR. LESHINSKI: It's not true. I've  never spoken to him in my life. And you know me. I haven't spoken to him in my life. I gave him my number last meeting and IV was quiet. I haven't seen him since. You  know me all my life.  MR. RUSSELL RINALDI: I don't think  you're a liar.  MR. LESHINSKI: He just told me he  spoke to me and I got hostile. I'm done  with that.  MR. RUSSELL RINALDI: I don't think  you're a liar or a hostile person, but I can't attest to who you speak to or not. I don't know who people speak to beside  myself.  MR. LESHINSKI: Well, I'm telling  you I never spoke to him and he just told you he spoke to me and I got hostile with