1 1 2 OLD FORGE BOROUGH COUNCIL 3 IN RE: REGULAR MEETING OF COUNCIL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HELD: Tuesday, March 19, 2024 TIME: 7:00 P.M. LOCATION: OLD FORGE MUNICIPAL BUILDING 310 South Main Street 01d Forge, Pennsylvania COUNCIL MEMBERS: RUSSELL RINALDI, President JIM HOOVER, Vice President MICHELE AVVISATO - absent ANDREW BUTLER - absent RICK NOTARI MICHAEL KOMENSKY JENNA JONES-SHOTWELL MARYLYNN BARTOLETTI, Borough Manager ROBERT LEGG, Mayor WILLIAM RINALDI, Esquire, Solicitor MICHELLE SMOLSKIS 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. RINALDI: Good evening, ladies and gentlemen. I'd like to start with the Pledge of allegiance, please. (Pledge of Allegiance.) MR. RINALDI: Roll call, please, Marylynn. MS. BARTOLETTI: Councilwoman Shotwell? MS. SHOTWELL: Here. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Here. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Present. MS. BARTOLETTI: Councilman Butler is absent. Councilwoman Avvisato is absent. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Present. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Here. Once again, ladies and gentlemen, welcome to the regular meeting of the 01d Forge Borough. Tonight is Tuesday, March 19, 2024. 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 The purpose of our meeting is to go through a few housekeeping motions. We'17 go down the table, we'11 hear from your members of Council, our Mayor, solicitor and our borough manager. We'1l hear from our department heads. h have a public sign-in sheet up here, if anyone who didn't already sign in would like to address us, we'11 give you a few minutes at the end of the meeting before we move in to new business. With that said, we're going to move into our first housekeeping motion, and that's going to be a motion to approve the minutes from the prior meeting. MS. SHOTWELL: I'11 make that motion, Mr. Chairman. MR. RINALDI: Motion on the floor by Councilwoman Jones Shotwell. MR. KOMENSKY: I'17 second it. MR. RINALDI: Second by Councilman Komensky. On the question? (No response.) MR. RINALDI: Public input? (No response.) MR. RINALDI: Roll call, please. 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. - BARTOLETTI: Councilwoman Shotwe11? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. Second item is motion to approve treasurer report. Please note, this does not include the sewer account. MS. SHOTWELL: I'11 make that motion. MR. RINALDI: Motion on the floor by Councilwoman Jones Shotwell. MR. HOOVER: I'11 second it. MR. RINALDI: Second by Councilman Hoover. On the question? (No response.) MR. RINALDI: Public input? (No response.) MR. RINALDI: Roll call, please. 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: Councilwoman Shotwell? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. Third item is motion to approve invoices for payment. Please note, once again, this does not include the sewer account. MS. SHOTWELL: I'17 make that motion. MR. RINALDI: Motion on the floor by Councilwoman Jones Shotwell. MR. KOMENSKY: I'11 second it. MR. RINALDI: Second by Councilman Komensky. On the question? (No response.) MR. RINALDI: Public input? (No response.) 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. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwell? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. Fourth item is a motion to approve treasurer's report for the sewer department. MR. NOTARI: I'11 make that motion, Mr. Chairman. MR. RINALDI: Motion on the floor by Councilman Notari. MR. HOOVER: I'11 second it. MR. RINALDI: Second by Councilman Hoover. On the question? (No response.) MR. RINALDI: Public input? (No response.) 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. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwe11? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. Last item under nousekeeping is motion to approve sewer department invoices for payment. MR. NOTARI: I'11 make that motion, Mr. Chairman. MR. RINALDI: Motion on the floor by Councilman Notari. MR. KOMENSKY: I'17 second it. MR. RINALDI: Second by Councilman Komensky. On the question? (No response.) MR. RINALDI: Public input? (No response.) 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. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwel1? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. We'11 go into our department heads. Our first department head is Mike SOKOlOwSK1, code enforcement/zoning officer. We have Michael's report. Mike, anything for the meeting? MR. SOKOLOWSKI: No, I have nothing for the meeting. MR. RINALDI: Any members have any questions for Michael? MR. NOTARI: Mike, Kohler Avenue, the property between Kohler and Hillcrest has turned into a garbage dump. I've gotten a few complaints. Can we contact the owner of the 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 land and have them clean it up? And can you also post, or do we post, no dumping? I'm not sure : MR. SOKOLOWSKI: I C don't know if we can. I'm not sure. MR. NOTARI: I - don't know if that's our responsibility. ATTY. RINALDI: That wouldn't be us. MR. NOTARI: That would be the property owner. It's a mess. MR. KOMENSKY: It's across from the : MR. NOTARI: Across from the housing authority. MR. KOMENSKY: Yeah. I got a picture yesterday. MR. NOTARI: Yeah. MR. SOKOLOWSKI: On the back side there. Okay. IK know. MR. NOTARI: Yeah. MR. SOKOLOWSKI: Yes. MR. NOTARI: Yeah. I've gotten pictures. It's bags of garbage just thrown on the property. MR. SOKOLOWSKI: A1l right. 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. NOTARI: Thanks. I - appreciate that. MR. SOKOLOWSKI: Yep. MR. RINALDI: Any other members have any questions for Michael? (No response.) MR. RINALDI: Thanks, Mike. MR. SOKOLOWSKI: Thanks. MR. RINALDI: You're welcome. Engineer, Dave Lopatka, anything for the meeting? MR. LOPATKA: I have nothing for the meeting. I did send Marylynn the traffic study for Marion and Oak. I don't know if you guys had a chance to : MR. HOOVER: Yeah, we have it. MS. BARTOLETTI: Idid send it out to everyone. Uh-huh. MR. NOTARI: Unfortunately, not what we wanted to hear. MS. SHOTWELL: Right. MR. LOPATKA: There's not that much traffic. I think the biggest thing, and I was talking to the Chief before, is the sight distance left. I mean, that's probably the key 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 to the whole -- MR. NOTARI: Right. MR. LOPATKA: - the road. There's just not that much traffic. I mean, you look at the numbers, and it peaks at, like, 7:30 to 8, and then not much the rest of the day, and then it peaks at 3:30. MR. NOTARI: Well, we'11 do what we can. We have the ordinances to be approved tonight to fix the parking situation there, sO : MR. LOPATKA: Yeah. I think that's the biggest thing is the sight distance left. MR. NOTARI: Hopefully that'17 help the safety. MR. HOOVER: The morning paper, it took Scranton three years to get three intersections, their lighting fixed on three intersections. MR. KOMENSKY: Yeah. MR. HOOVER: How long it may take this. MR. KOMENSKY: Yeah. I saw that Green to Go program. MR. HOOVER: I thought we would have 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 put the other flashing arrow board that we had at the other side to have it go both ways, because nothing's stopping them from going down the hill and flying, rather than coming up the hill, but it's up in front of the firehouse. MR. KOMENSKY: Yeah. MR. RINALDI: Well, temporarily : MR. KOMENSKY: Yeah. MR. RINALDI: : we put it up at the firehouse. MS. SHOTWELL: Right. MR. RINALDI: Because we asked Joe to get us a price on another : MS. SHOTWELL: Flashing light sign. MR. RINALDI: : another flashing light sign SO we could put how we discussed. Remember, Bill, we discussed putting one a little bit before the firehouse, even closer coming before where you could put that sign, because, obviously, that sign, there's not a lot of room to put it? I saw where you put it. You had to put it there. CHIEF DUBERNAS: Yeah. We just tried to put it somewhere where it wouldn't get 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 struck, you know what I mean, for a temporary : MR. RINALDI: For a temporary. CHIEF DUBERNAS: I could make it a flashing lights sign, but me and the Chief, we spoke about it, somewhere probably around the Ziemba residence. MR. RINALDI: On the right-hand side coming up, coming : CHIEF DUBERNAS: Yeah. MR. RINALDI: Right. CHIEF DUBERNAS: Or somewhere : because the rock wall is there on Ray Street, so : MR. RINALDI: So, like Councilman Hoover said, I know we don't have another message board to put there, and as Councilman Notari said, that wasn't the answer we were looking for for a traffic study. MR. NOTARI: Right. MR. RINALDI: Dave, is there anything else we could do over on Marion Street as far as any : I know we have the one signal on the east, coming up east, I know we have that, do we put another one on the other side? 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 CHIEF DUBERNAS: Well, I was talking to Dave after reading the traffic thing, the issue's not looking right. MS. SHOTWELL: Right. CHIEF DUBERNAS: Because you could see all the way up to : MS. SHOTWELL: Because it's a hill. CHIEF DUBERNAS: MS. SHOTWELL: Yeah. past LLVSA. CHIEF DUBERNAS: Looking left, when there's no cars there, you have no issue pulling out. So, I think once we adjust this sight distance : MR. RINALDI: Right. CHIEF DUBERNAS: : then see how it goes. You know, we'11 leave the signs up. I just asked Mare who adjusts the crosswalk signs. Now, today I drove by, they were shut off at 3:30. So, she said it's a company, sO we're going to reach out tomorrow to change it to 4:30, sO that gives us : MS. BARTOLETTI: The time change knocked it off. CHIEF DUBERNAS: What is it? 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 MS. BARTOLETTI: The time change. MR. RINALDI: Daylight savings time : CHIEF DUBERNAS: Oh. MR. RINALDI: : might have knocked it off last week. CHIEF DUBERNAS: Okay. Yeah. So, like I said, if there's no cars there, there's no issues there. Like, you could see all the way down to Mr. Davis's house, Wama's (phonetic) house. MR. HOOVER: I think once the weather gets better, we paint the crosswalks the white and we stripe them, and it'17 be bright white. MR. LOPATKA: Well, that'11 help. MR. HOOVER: You'1l have three of them, two on Oak Street and one on Marion, and I think that'17 brighten it up, too. MR. LOPATKA: Yeah. MR. HOOVER: That'11 help. MR. LOPATKA: The key is that left sight distance, sO : MR. HOOVER: Yeah. MR. RINALDI: Right. 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 MR. HOOVER: Plus that sight distance, it'17 help. MR. LOPATKA: Because, obviously, if those cars aren't there, you can't -- you could see 400 feet. MR. HOOVER: Yeah. Uh-huh. MR. LOPATKA: But it's when they're parked there you can't see, especially if you're sitting in a car. If you're in a bus, it's probably a different story because you're up higher. MR. HOOVER: Do we have to put that line painting out for bid? MR. LOPATKA: The what? MR. HOOVER: The line painting out for bid? MS. BARTOLETTI: It depends on how much it is. It depends on the cost. MR. HOOVER: I can't see it being that much. MR. LOPATKA: I wouldn't think you'd need to bid it. I mean, with those, I mean, they heat them, they put them down, they're probably there for an hour and a half. MR. HOOVER: Yeah. 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. SOKOLOWSKI: Didn't Joe talk to Baxter's (phonetic)? MS. BARTOLETTI: Yes. MR. SOKOLOWSKI: They have some contractors that deal with Baxter's where we get our materials from. MR. HOOVER: Oh, good. MS. BARTOLETTI: Yeah. He's got a process : (Inaudible crosstalk.) MS. BARTOLETTI: We just have to see where the pricing, you know, approximately where it comes in for what we need. It should be well under, you know, the normal spending : MR. HOOVER: Normal spending. Good. MS. BARTOLETTI: Yeah. MR. HOOVER: Okay. Good. MR. RINALDI: Chief : I'm sorry. Go ahead, Dave. Chief, remember a few years back you brought it to our attention, you were looking to possibly see if we could purchase one of those mobile speed limit signs, the digital speed limit signs? Remember? You said you could move them from street to street. CHIEF DUBERNAS: Yeah. That was the 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 post sign. MR. RINALDI: Yeah. It's :- CHIEF DUBERNAS: Yeah. MR. RINALDI: It almost likes like a speed limit sign but it's digital. CHIEF DUBERNAS: It's a post. MR. RINALDI: It just brings awareness to, like, I mean : CHIEF DUBERNAS: Yeah. A flashing light : MR. RINALDI: Right. That has flashing lights. Maybe, I mean, I'm not saying that's the answer over there, I'm just trying to bring as much, you know, awareness as possible. MR. NOTARI: Make it a deterrent. MR. RINALDI: Right. MR. NOTARI: Yeah. MR. RINALDI: Maybe get us a price on one of those to see what they cost. CHIEF DUBERNAS: A17 right. MR. RINALDI: A1l right? MR. HOOVER: And the paving keeps changing, the money keeps changing, sO you're going to have a list over the next week. 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 MR. LOPATKA: A11 right. MR. RINALDI: Dave, anything else? MR. LOPATKA: No. I just gave Marylynn a preliminary drawing for the infield project up at Pagnotti's. That'11 be ready to go out to bid in the next two weeks. MR. NOTARI: So, Dave, we had a rec committee meeting and we discussed the infield there. Is part of the plans to put in an irrigation system? MR. LOPATKA: It wasn't. MR. NOTARI: Okay. From our talking with the baseball coaches that use that field, they feel like just digging up and putting it in isn't going to help because there's nothing to water the grass there. MR. LOPATKA: I would agree. Yeah, - - mean, especially if -- because what I'm proposing is to sod it. MR. NOTARI: Right. MR. LOPATKA: Because if you just plant grass, it's two or three growing seasons before you actually have an established you're better off putting sod in. MR. NOTARI: So, can we put an 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 irrigation system in to the bid? Should it be all one or should it be : MR. LOPATKA: We could. I mean, the other thing that I was looking at, actually today, the grades on that infield aren't the best, but to grade it the right way : MS. BARTOLETTI: It's already done, the grades. I mean, they've been working on it, sO a lot of the area is cut out based on the measurements that you gave them. MR. LOPATKA: Yeah, but that's the area in the outfield, right? MS. BARTOLETTI: In the outfield to chop off all those lips and bumps and all that kind of stuff. MR. LOPATKA: Well, that's different than actually grading, because the way that : just looking at the grades that are there, home plate should be basically the highest point and everything should grade away from it out, yeah. And the way that it's graded now in the existing condition, there's - you could tell on the contours that there's some low spots all over the place. 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 But to grade it the right way, even to just cut the outfield, you may have to go a little further and actually grade from home plate away. But the hard part is to tie into all the existing fences and stuff that you have there sO that we're not, you know, moving fences and all kinds of other stuff. MR. NOTARI: Right. MR. LOPATKA: So, that's actually what I was looking at today. I'm trying to work some grades out so that we're not just taking four inches off, putting four inches back, and then still have the same drainage issues. MR. NOTARI: Right. So, can we add that irrigation system then : MR. LOPATKA: Sure. MR. NOTARI: : into the bid and : so, while we're talking about it, Jimmy, we thought that it would be best, and I don't know if this is true or not, if we were able to run the water from the Rosemount Development behind home plate. MR. HOOVER: No. The water : 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 there's currently three houses already there on Villa Drive. MR. LOPATKA: Right. MR. HOOVER: There's three empty lots that he's not going to let us go through the empty lots : MR. NOTARI: No. MR. HOOVER: : or give us a right of way. MR. LOPATKA: You'd need an easement right along the property line. MR. HOOVER: Yeah. ATTY. RINALDI: You do have an easement from that Villa through : MR. HOOVER: Now, at the end of the street at Villa Drive, this map from the water company shows Villa Drive kind of - if you go down Villa Drive, it bears to the right, that alleyway that comes around, that's kind of like Villa Drive. I don't know if it's the truth, but the water map shows it that way. If that's : we could run a water line off of Villa Drive down that road and then go towards the stadium with it. We'11 have to look at it, get the 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 water main marked. MR. LOPATKA: Yeah. I mean, because you don't have water over there at all. MR. HOOVER: Maybe you're looking at about 200 feet, maybe 300 feet of water line. MR. NOTARI: Supposedly there's a spigot in center field behind the fence, but we wouldn't want to run it through center field because we'd have to dig up the outfield. MS. BARTOLETTI: Right. MR. NOTARI: We'd run it behind the fence along the fence line, which : MR. HOOVER: There's not going to be enough water there anyway. MR. NOTARI: Right. MR. HOOVER: Because that runs down from Humphrey Street. MR. LOPATKA: No. Plus you're going tor need controls somewhere. MR. NOTARI: Right. MR. LOPATKA: I would imagine inside that building that's there, you want to put controls sO that you could : MR. HOOVER: So, I mean MR. LOPATKA: Because you do need to 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 water sod quite a bit, especially once it's put down. MR. HOOVER: Right. And I don't know : MR. LOPATKA: Is there power there, too, or no? MR. SOKOLOWSKI: There's no power there either. MR. HOOVER: I - don't know if there's power there. MR. LOPATKA: Yeah, you need both. MR. NOTARI: Well, there's power to the scoreboard. MS. BARTOLETTI: Power to the scoreboard, yeah. I think that's : MR. NOTARI: Would we be able to run a - conduit along the fence line? MR. LOPATKA: You could get a trench right along the outside. It doesn't have to be deep for power. You could put a conduit in the ground. I don't know, you probably have to have somebody take a look at that, because if we tapped off that, you'd probably want some kind of breaker or something inside that 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 building where you're going to put the other sprinkler system. MR. NOTARI: Right. MR. RINALDI: Well, if we put it into the bid, whoever bids it is going to know that we need : we just have to tell them which way we want the water coming from. Like Councilman Notari said, we don't want it coming from the center field. MR. LOPATKA: Yeah, but we don't want to leave it, like, totally up to them. MR. RINALDI: No, no, no. No, no, that's not what I mean. You would be the one as the engineer to tell them where we want it coming from. show that. MR. LOPATKA: Yeah. We'17 have to MR. RINALDI: Right. That's what I mean. MR. LOPATKA: But I also -- I mean, if you guys look at it just for the controls : MR. RINALDI: Right. MR. LOPATKA: : and whatever else that we need. 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 MR. RINALDI: No, no, you tell them where, the direction we want. MR. LOPATKA: Yeah. You don't want to let just the contractor go free. We don't want that. MR. NOTARI: No. MR. RINALDI: Right. I agree. MR. NOTARI: Speaking of which, Coach DiMattia, Coach Tony DiMattia, also asked that we include in the bid that the sod is a bluegrass perennial rye mixture, 80/20. I'm just saying. He said it's a lot easier to take care of as opposed to the fescue-type sod. MR. LOPATKA: Bluegrass? MR. NOTARI: Bluegrass/perennial rye, 80/20 mixture, is what he told me. That the fescue is a good growing grass but it's not good to take care : it's not easily taken care of. MR. LOPATKA: Okay. MR. NOTARI: I'm just passing along the request. MR. RINALDI: He's the baseball coach. MR. NOTARI: Right. 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 MR. RINALDI: He takes care of all the fields down there. He knows. He definitely knows more than us. MR. NOTARI: On top of that, he also told us that they're going to restart the American Legion baseball program. I guess the three tri-Dorough towns. Well, he said 01d Forge and Taylor. IV would assume Moosic would be in with us, as well. So, that field will be getting more use throughout its lifetime. We did tell him that we wanted to start this project as soon as the high school season ended. He said that would be fine. They could use the field in Taylor for this year if they need to. MR. LOPATKA: Okay. Yeah, I'11 look into those items, the electrical, the water, and the specialty sod. MR. NOTARI: Yeah. That's all. Thanks, Dave. MR. RINALDI: David, anything else? MR. LOPATKA: No. MR. RINALDI: Any members have anything else for David? 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 (No response.) MR. RINALDI: Thank you, Dave. MR. LOPATKA: Yep. MR. RINALDI: Police Chief Jason Dubernas. Jay, anything for the meeting? CHIEF DUBERNAS: No. Just the traffic study I received, but MR. RINALDI: Any members have any questions for the Chief of police? MR. NOTARI: Chief. CHIEF DUBERNAS: Yes, sir? MR. NOTARI: A complaint, and I've seen complaints on Facebook, about trucks turning into 1st Street to go to King Koil, getting stuck there, not being able to make the turn, from Moosic Road to 1st Street coming up Moosic Road. CHIEF DUBERNAS: Oh, sO they're missing MR. HOOVER: They can't make the left. CHIEF DUBERNAS: - Maxson. MR. NOTARI: They're missing Maxson and they're trying to turn down 1st. I'm not sure what we can do. From what I was told 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 today, it seems to be the Road Scholar trucks are the ones that seem to be having trouble all the time with taking that route. CHIEF DUBERNAS: A1l right. I'11 go talk to the gentleman at King Koil, because that's who mostly comes in there, because they usually : MR. RINALDI: Road Scholar is the mattress factory. MR. NOTARI: Right. CHIEF DUBERNAS: They used to come around the back of the mattress factory the back of the football field to the mattress or factory. MR. NOTARI: So, then my other question would be can we make that a no truck entrance? Can we put signs up that would say, like, it's not a truck route? CHIEF DUBERNAS: Yeah. I - think if we MR. HOOVER: No left-hand turn. MR. NOTARI: That's not even a bad idea. CHIEF DUBERNAS: I think James, I think we should put : if that's the case, 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 we'11 put a sign on James, like outside of a pole that says all trucks would turn into James, because James comes right out on the little league field, which would make it easier for them. MR. HOOVER: That's the widest street. CHIEF DUBERNAS: And it's a wider street, yeah. MR. NOTARI: That's wider than Maxson Drive? MS. SHOTWELL: Yeah. Wider than 1st Street. MR. NOTARI: Because Maxson comes out to :- CHIEF DUBERNAS: Yeah, Maxson's wide, but I think James is wider. I'17 check. MR. NOTARI: Okay. CHIEF DUBERNAS: I think James is gonna be easier to make the turn off of. MR. NOTARI: Okay. MR. RINALDI: 1st Street isn't marked for no trucks right now? CHIEF DUBERNAS: No, because they use that : well, back in the day it used to be 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 PA Bedding, that used to be a designated route in and out of there. MR. HOOVER: Every night there's one truck that goes down there, and sometimes they can't turn because of cars. CHIEF DUBERNAS: Lately they've been coming out making the right and going around and going out James Street or Maxson, but I see more trucks go down James Street. MR. RINALDI: Bill, if we don't want to put any truck traffic on 1st Street, do we have to make an ordinance? ATTY. RINALDI: Yeah. MR. RINALDI: Okay. ATTY. RINALDI: Is it one already? I mean, I haven't looked. CHIEF DUBERNAS: I don't know. MR. RINALDI: If not, could we have it for next meeting, please? CHIEF DUBERNAS: I think that's why there was no parking on the east side of 1st Street because of the trucks used to use that by the park. MR. NOTARI: Well, I looked coming to the meeting and there's a fire engine there, 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 so you really can't park close to the corner, and it's :- but it's on the west side of the street. MR. KOMENSKY: On the left side when you turn, right, Ricky? The fire engine? MR. NOTARI: Yeah. MR. KOMENSKY: Yeah. MR. NOTARI: On the west side of the street, where I think there's problems. And to me, the problems are that everybody has a car these days; whereas, in the old days : MR. RINALDI: Right. A lot more traffic on the streets. MR. NOTARI: : the streets weren't as populated with cars, sO they were wider. CHIEF DUBERNAS: That's why I think if you use James Street, because you only have the apartment building, which only has, like, maybe one or two cars, it's actually for sale now : MR. NOTARI: Right. CHIEF DUBERNAS: : and then you have, across from Doc Matone's house, that little corner house, that maybe has a car, but the rest of the street's wide open there. 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. NOTARI: I have no problem with that. Just sO we could alleviate that truck traffic from going down 1st. MR. RINALDI: Chief, let me ask you a question, because I don't know how it works, these trucking companies, for instance, this Road Scholar, those are most, if not all the trucks that are always in the mattress factory, that's King Koil, the old King Koil - CHIEF DUBERNAS: Right. MR. RINALDI: : how are they designed to get from their pick up to their drop off? Do they get instructed by the company they work for or do they just use regular GPS? CHIEF DUBERNAS: Most of them use a commercial truck GPS because of the : it gives you the bridge requirements and road sizes. MR. RINALDI: So, even if you go down there and talk to the owner of the company and say, Could you instruct your drivers to go CHIEF DUBERNAS: Ask them not to use First Street. MR. RINALDI: : this way 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 although they do instruct them, let's say some guy or woman is just off course and GPS's it, it could still send them to 1st Street? CHIEF DUBERNAS: Well, that was what happened with Alicia Street and West Mary Street : MR. RINALDI: Right. CHIEF DUBERNAS: : when they were trying to go to Northeast Envelope, they kept on making the turns there, because technically, they're not a no truck street : MR. RINALDI: Right. CHIEF DUBERNAS: because :- MR. RINALDI: The GPS is taking them that way. Right. Okay. So, then I think if we make the ordinance for the next meeting, Bill, for no truck traffic on 1st Street, and then maybe if we get some signs on it, as well, and then, like you said : CHIEF DUBERNAS: Yeah. I think it would have to be James Street. MR. RINALDI: : another sign on James Street that says all truck traffic this way. CHIEF DUBERNAS: Truck route. 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 MR. RINALDI: A11 truck route this way. ATTY. RINALDI: On what street do you want it? MR. RINALDI: James. CHIEF DUBERNAS: James. The truck route will go to James. That'11 be the easiest way to get in. And they'11 just go around the back of the Maxson : MR. NOTARI: But we don't need an ordinance for that. MR. RINALDI: No, no, no. The ordinance we need, Bill, is no truck traffic on 1st Street. MR. NOTARI: What blocks would that be? (Inaudible crosstalk.) MR. RINALDI: That would go from MR. HOOVER: Two hundred block. MS. SHOTWELL: Two hundred block. CHIEF DUBERNAS: That's the 200. MR. RINALDI: That would go from Moosic Road to East Grace. CHIEF DUBERNAS: No, because you can't - - it has to go : 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 (Inaudible crosstalk.) MR. RINALDI: Or Moosic Road to Miles. Right. That's right, Moosic Road to Miles. MS. SHOTWELL: Right. CHIEF DUBERNAS: Two blocks by the park. MR. RINALDI: Right. Chief, anything else? CHIEF DUBERNAS: (Indicating no.) MR. RINALDI: Any other members have any questions for the Chief? CHIEF DUBERNAS: And, also, just one other thing, maybe we could put a sign, talk to the school, maybe put a sign, like : or right there on the sidewalk when they're coming out the driveway of PA Bedding that says, A11 trucks turn right. MR. RINALDI: In front of the field house? CHIEF DUBERNAS: Uh-huh. MR. RINALDI: Yeah. MS. SHOTWELL: Yeah. MR. RINALDI: Would that be you that contacts them, or do you want one of us 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 CHIEF DUBERNAS: I could reach out to the school. I would reach out to PA Bedding, see if we could put a sign right there on their fence that says, A1l trucks have to turn right. MR. RINALDI: Yeah. If you want to contact the school. MS. SHOTWELL: Yeah. That'17 help, too. MR. RINALDI: I mean, if it'1l keep traffic flowing, hopefully flowing one way. (Inaudible crosstalk.) CHIEF DUBERNAS: : go around East Grace and back to Maxson to James. MR. RINALDI: And then get back on Moosic Road and go right back to the highway that way. You want to contact the school and ask them? CHIEF DUBERNAS: (Indicating yes.) MR. RINALDI: A11 right. And then we'17 put the signs up. Any other members have any questions for the Chief? (No response.) MR. RINALDI: Thanks, Chief. Bill Stull, assistant fire chief, anything for the 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 meeting? MR. STULL: No, nothing at all. MR. RINALDI: Anybody have any questions, any members have any questions for Bill? (No response.) MR. RINALDI: Thank you, Bill. Attorney Rinaldi. ATTY. RINALDI: Do you want me to go what you have on your : MR. RINALDI: Please. ATTY. RINALDI: : agenda tonight? You have an ordinance to adopt the International Property Code for the Borough. So, it's the 2018 International Property Code with some changes that are recommended that it take out some of the detail in it. So, if you look at the ordinance in front of you, you'1l see the amendments are in the italic and bold. So, you're adopting the code as it exists right now, the 2018, because your BOCA code doesn't exist any longer. It's now everybody uses the International Property Maintenance Code. So, it's kind of fill in the blanks. 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 So, you know, insert Borough of 01d Forge. We don't have a fee schedule yet. I'm going to let Mike go through it, because I went through it and I didn't know what he wants to charge for different items, or if he'd want to even charge for them. You know, you see ten inches, that's because you already have an ordinance that your grass is ten inches high, sO I changed it to ten inches and just took out some of the broader terms with regards to, like, windows, cracks and things like that, which was recommended. So, that's basically the ordinance for the - I have a book. I - told Marylynn, she's going to get a bunch for Mike and for the office sO that you have them. They're not that expensive. The second ordinance is no parking on Oak Street, and that was after the discussion at the work session and the recommendation from the Chief, and it's going to be no parking on the south side of the 400 block of Oak Street for a distance of 90 feet from the intersection of Marion Street in the 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 Borough, okay? And the second one is going to be no parking on the west side of the 100 block of Marion Street for a distance of 50 feet from the intersection of Sussex Street. So, those are the two no parkings down at that intersection that the Chief recommended at the work session. You have the resolution in front of you to purchase a 2024 Chevrolet Silverado 2400 pick up truck from Bonner Chevrolet through the Costars program, which means you didn't have to ask for bids, and that's for $48,987. You have a resolution to appoint : you have a vacancy on the Zoning Hearing Board because Michael Komensky was elected to Council, sO you have - normally, you have the alternate that you move into his place, and then you're going to have to find an alternate. So, he would finish out Mike's term, which I believe goes to June of 20 -- I think it says it on the formal copy that you have. MR. RINALDI: June of 2025. ATTY. RINALDI: Yep. You also have approval tonight, approve the fee agreement 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 with the Cohen Law Group, okay? We've been using them now for 20 years, and they're also used by the Abington COG, sO the good news is there's now a total of : let's see, where's my latest e-mail here? We have enough people joined now into the COG, they got 12, I believe, sO that our fee now is down to 7,760. We get a 20 percent discount because there's 20 different municipalities participating in it now. MR. RINALDI: That's the figure we're approving tonight? ATTY. RINALDI: Yep. MR. RINALDI: Okay. ATTY. RINALDI: And I have the contract here. So, the other municipalities, if you want to know, there's Clarks Green Borough, Clarks Summit Borough, Clinton Township, Dalton Borough, Glenburn Township, Newton Township, Scott Township, South Abington Township, Waverly Township and us. Our contract is up in 2025. They'd like to come in and do an audit to make sure that we've been receiving all of the fees and revenue that we're entitled to under the 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 current contract, and then they negotiate the new contract on behalf of us and the other municipalities with Comcast, Comcast/Xrinity. So, - that's on the agenda tonight to approve that contract. You also have an acceptance of a resignation of a full-time police officer. And Ib believe that's it for this evening on the agenda. Oh, and we have the contract to be awarded for Josephine Street project. I think Dave has those bids. MR. RINALDI: Thank you, Bill. Do any members have any questions for the solicitor? (No response.) MR. RINALDI: Thanks, Bill. Borough manager, Marylynn Bartoletti. MS. BARTOLETTI: Okay. First, does anyone have any questions on my financial reports? Any explanations? (No response.) MS. BARTOLETTI: Nothing. The only other thing I wanted to bring up was the purchasing of the vehicle, but Bill already 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 discussed that, and I have some things to discuss with the sewer committee. So, we will be meeting next week, and then shortly after the sewer bills will be going out. And that is all I have. MR. RINALDI: Any of the members have any questions for Marylynn? MR. NOTARI: Marylynn, I received a request from the junior football organization today, they would like to put a 10 by 20 shed at lower Pagnotti. They would be removing the trailer that's there and they want to put a new shed in with a gravel base, no concrete. They're looking for our permission as they're going to apply for a grant from the County. MS. BARTOLETTI: To be able to pay for it? MR. NOTARI: To be able to pay for it. MS. BARTOLETTI: I wouldn't have a problem with that. MR. NOTARI: Okay. MS. BARTOLETTI: Yeah. MR. NOTARI: And I talked to Julia 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 Insalaco, and Julia said that she probably needs to put the Borough on the grant as a cosponsor, I think. So, can I have her call you? MS. BARTOLETTI: Yeah. Ask her to call me sO I could see what that is. MR. NOTARI: Okay. But, otherwise, we're good with it? You're good with it? MS. BARTOLETTI: Yeah, because the tractor trailer that's there is very dilapidated : MR. NOTARI: Right. MS. BARTOLETTI: -- and needs to go. So, - it'17 definitely be an improvement. MR. NOTARI: Right. MS. BARTOLETTI: So, yeah. MR. NOTARI: A11 right. Good. Thank you. MS. BARTOLETTI: You're welcome. MR. RINALDI: Any other members have any questions for Marylynn? (No response.) MR. RINALDI: Thank you, Mare. MS. BARTOLETTI: You're welcome. MR. RINALDI: Before we go into new 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 business, we'11 go into public comment. Robert Zukauskas. MR. ZUKAUSKAS: Good evening, Mr. Rinaldi. MR. RINALDI: Good evening, Robert. If you could just state your name for the stenographer? MR. ZUKAUSKAS: Robert Zukauskas, Z-U-K-A-U-S-K-A-S. MR. RINALDI: How are you, Rob? MR. ZUKAUSKAS: I'm just fine, Mr. Rinaldi. First day of spring, isn't it beautiful? MR. RINALDI: We got a little bit of snow, a little chilly weather. MR. ZUKAUSKAS: We haven't had a winter at all. I mean, nothing. Where's the winter? Where's the winter? Anyway, blessed spring. I have just two things. At each meeting, you know, the borough manager asks if there any questions about the budget or financial report, and I do have a question if I may. MR. RINALDI: Of course. 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 MR. ZUKAUSKAS: How much are we spending on the clock? MR. RINALDI: I'm sorry, you're : MR. ZUKAUSKAS: The clock. MR. RINALDI: No, no, you could leave it on. I just couldn't hear you at first. Go ahead. MR. ZUKAUSKAS: I'd like to know how much we're spending for the clock that you plan on putting in the front of the Borough building. MR. RINALDI: How much do we have budgeted for the clock? MR. ZUKAUSKAS: Yeah. How much do you have budgeted for the clock? MR. RINALDI: Marylynn? MS. BARTOLETTI: We don't have anything budgeted for it because we haven't gotten to that point yet. It's about the design of the clock, what type of clock it was going to be. We discussed that the starting spot was in the vicinity of $30,000. MR. ZUKAUSKAS: $30,000 for a clock? MS. BARTOLETTI: Absolutely. 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 MR. ZUKAUSKAS: Are you serious? MS. BARTOLETTI: Which is why it hasn't : MR. ZUKAUSKAS: Oh, my goodness gracious. There's a clock right across the street, it says 3:00 right now. It's never : there's clocks, I mean MR. NOTARI: And that's why we need one. MAYOR LEGG: Right. MR. ZUKAUSKAS: What is the : MS. BARTOLETTI: They begin at $30,000. MR. ZUKAUSKAS: $30,000? MS. BARTOLETTI: Yes. MR. ZUKAUSKAS: Now, is that, like, one of those -- I C don't know if you saw Back to the Future, you know that clock with the lighting, it's a free-standing clock. MS. BARTOLETTI: Yeah. MR. ZUKAUSKAS: Is it something like MS. BARTOLETTI: If you drive into that, $30,000? Moosic, do you know where the Moosic Municipal building is? 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 MR. ZUKAUSKAS: On the left-hand side where the insurance : Gallia is on the right and : okay. Yeah. MR. RINALDI: Yeah. Right before the train tracks. MR. ZUKAUSKAS: Okay. Yes. MS. BARTOLETTI: That's a small version of one of these type of clocks. MR. ZUKAUSKAS: So, that is a free standing -- I have to look at it. It's not attached to the building? MS. BARTOLETTI: No. It's standing on a post and the clock is on top of it. MR. ZUKAUSKAS: Right. MS. BARTOLETTI: That is the type of clock. I mean, that's probably the most basic model. MR. ZUKAUSKAS: And that is $30,000? MS. BARTOLETTI: Pretty much. MR. ZUKAUSKAS: Okay. MS. BARTOLETTI: Yeah. Now, if you go to Dunmore : MR. ZUKAUSKAS: Yeah. MS. - BARTOLETTI: and I believe 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 it's in front of the Dunmore Municipal Building, if you look at theirs, theirs is : where is it? MR. LOPATKA: It's on the way down Drinker Street where the split is. MS. BARTOLETTI: Okay. So, it's at the split : MR. ZUKAUSKAS: They probably spent about $50,000 in Dunmore. MS. BARTOLETTI: Exactly. MR. ZUKAUSKAS: Exactly. MS. BARTOLETTI: It's four-sided. MR. ZUKAUSKAS: Oh my God. Now, let me ask you one thing, I will bet you $20 that that clock has the wrong time. The clock, like this, 3:00, to whose responsibility is it to make sure that clock :- like, we have daylight savings time, who's going to change that clock? MS. BARTOLETTI: I don't know. MR. RINALDI: Wait. Who's going to change what clock, Mr. Zukauskas? MR. ZUKAUSKAS: The clock, the $30,000 clock you want : MR. RINALDI: Who's going to change 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 our clock : MR. ZUKAUSKAS: Yeah. MR. RINALDI: : or M&T's clock? MR. ZUKAUSKAS: No. Ours. When you put a clock in - MR. RINALDI: When we put a clock here? MR. ZUKAUSKAS: : and it's daylight savings time, who's going to change the clock? And who's going to -- MR. RINALDI: Who would be responsible to change it? MR. NOTARI: I'11 volunteer to change it. MR. ZUKAUSKAS: There. MR. NOTARI: There you go. MR. ZUKAUSKAS: Congratulations, Mr. Rinaldi. MR. RINALDI: No, no, not Mr. Rinaldi. Councilman Notari. I mean, I think any of us would, but our DPW manager, one of our staff members would do it. Our zoning officer, Mr. Komensky : or, I'm sorry, Mr. SOKOlowsk1, he would do it. I mean, we have staff who would do 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 it here. Who's going to change M&T's, you have to go ask them. MR. ZUKAUSKAS: Okay. Okay. Well, Ij just think the clock is a total waste of money. Can I just make a statement? I just want to just state maybe two sentences about this clock. MR. RINALDI: Absolutely. That's your opinion. State it. MR. ZUKAUSKAS: Okay. I just want tos say that the clock is very wasteful. I think the money would be better spent at least if we turn a bench of that slab we have in front. There used to be a bus stop, so if you just spend the money to return a bench to the slab we have there. I think that would be better. And, you know, there's elections coming in November, can't we put a local ballot, what do you want, a bus stop or a clock? Can't we do that? I mean :- UNKNOWN SPEAKER: Clock. MR. ZUKAUSKAS: Excuse me? UNKNOWN SPEAKER: Clock. MR. RINALDI: Could we put it on 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 (Inaudible crosstalk.) UNKNOWN SPEAKER: No. We do not need the bus stop. MR. ZUKAUSKAS: Okay. I don't agree with that : (Inaudible crosstalk.) UNKNOWN SPEAKER: Drop it then. Drop it. MR. RINALDI: Mr. Zukauskas. MR. ZUKAUSKAS: Yes? MR. RINALDI: Mr. Zukauskas, you asked the question. MR. ZUKAUSKAS: Yes. MR. RINALDI: Bill, could something like that go on a ballot? ATTY. RINALDI: I don't think so. MR. RINALDI: I ( don't think so, correct? MR. ZUKAUSKAS: You don't think so. Okay. Is there any way : do you mind if I check? MR. RINALDI: Would you like to look into PA law? Absolutely. Sure. You could. MR. ZUKAUSKAS: Okay. 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 MR. RINALDI: I mean, we'd look into it for you, as well. I'm just asking the solicitor off the top of his head. I mean, we could look into it for you. That's no problem. Im mean, I'17 entertain any request from a resident. MS. BARTOLETTI: It never was either one or the other. MR. RINALDI: Right. MS. BARTOLETTI: I think there's a little confusion, though. I don't think it ever was one or the other. MR. RINALDI: I'm just saying, depending on what the law is. (Inaudible crosstalk.) MR. ZUKAUSKAS: What is one or the other? MS. BARTOLETTI: It wasn't, Oh, there's either going to be a clock or a bus stop. MR. ZUKAUSKAS: Okay. MS. BARTOLETTI: It may be neither. MR. ZUKAUSKAS: Exactly. (Inaudible.) I know. You just : MS. BARTOLETTI: Yeah. 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 MR. ZUKAUSKAS: : a clock. I understand that completely. MS. BARTOLETTI: Yeah. It's not one or the other. MR. ZUKAUSKAS: No. It'11 be beautiful and all, but $30,000 for something that's all. So, we'17 just move off that. That gentleman wants me to move on and that's all. There's one last thing I want to ask you about. This Emlaw thing that the Borough has brought this gentleman to court and $500 a day he was gonna be fined for not complying with the ordinance, I'd like to know an update on that if I may. MR. RINALDI: You'd like to know the update on the case? MR. ZUKAUSKAS: Yes. MR. RINALDI: Bill, if you could give him an update? ATTY. RINALDI: He filed an appeal of the Magistrate's decision, the Borough filed a - complaint, sO it has to be heard in the Court of Common Pleas. MR. ZUKAUSKAS: So, no money has 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 been paid now, so it's still in appeal, so is there a date : how can I find the date to this appeal now? When is the new court date, in other words? When is he gonna pay ATTY. RINALDI: They haven't even answered the complaint yet. MR. ZUKAUSKAS: Oh, he hasn't answered the complaint? That's right, you had a hard time just handing him the thing before. Okay. So, no money has been : so, the case is still pending? ATTY. RINALDI: Right. MR. ZUKAUSKAS: Okay. Thank you. That's all I have, Mr. Rinaldi. Thank you very much. MR. RINALDI: Okay. You're very welcome. Thanks, Rob. Ann Monacelli. Ann, if you could just state your name and spell it for the stenographer. MS. MONACELLI: Ann Monacelli, -O-N-A-C-E-L-L-. Well, I see a little progress coming along around the bend. How far does Mr. C own? MR. SOKOLOWSKI: Where's this at 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 now? MS. MONACELLI: You know. When you're coming down Milwaukee around the bend, that's nice and clean there now up to sO far, and then all those logs are still there, and that is not the gas company's problem. MR. RINALDI: Mrs. Monacelli, are you talking about in the south and the Main Street between South Milwaukee and the car wash? MR. SOKOLOWSKI: Yes. MS. MONACELLI: Yeah. MR. RINALDI: On the same side as you but up further, correct? MS. MONACELLI: Uh-huh. MR. RINALDI: And you're talking that there's the logs across from the veterinarian hospital? MR. SOKOLOWSKI: Where the trees fell over. MR. RINALDI: Right. Okay. You could come forward. Come on. MR. SOKOLOWSKI: It's where the trees fell over. MS. MONACELLI: The trees, yeah. 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 MR. RINALDI: You could come forward. That's okay. MS. MONACELLI: Another one almost hit a car that was behind me. You know, insurance companies don't pay for logs that hit cars. Okay. What's the problem? I know : DPW, he's not here, right? MR. SOKOLOWSKI: He's not here, no. MS. MONACELLI: Good. I know they work hard, but this wouldn't be an everyday job. Just pick them up. What's the problem? MS. BARTOLETTI: They're on private property. MS. MONACELLI: Or they don't know where to put the logs. MS. BARTOLETTI: They're on private property, Ann. (Inaudible crosstalk.) MS. BARTOLETTI: Ann, it's private property. They're on private property. Those logs are on the private property. MS. MONACELLI: Yes. MS. BARTOLETTI: That belongs to the railroad company. That area that's near that bend is part of the railroad property, right? 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 Isn't that where we're talking about? MR. RINALDI: Well, right here MS. SHOTWELL: By the car wash? Like, this part? MR. RINALDI: On the map it says UGI Penn Natural Gas Company. MS. BARTOLETTI: Okay. MR. RINALDI: That's one section. MS. BARTOLETTI: Yep. MR. RINALDI: The other section is Mr. Chickey. MS. BARTOLETTI: Okay. MR. RINALDI: The other section is, it says, I could be - I'm only going off of a map, I don't know if it's updated, it belongs to another gentleman. I don't want to say his name publicly because I don't know if it's the correct name, but it's not Borough property. MS. MONACELLI: So, whose responsibility is it? MR. RINALDI: The responsibility of the property would be of the said owner. Now, we would have to ask Mike to find out if this is the current owner, according to this map that's only online. I ( don't know if it's 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 updated, sO I'm not sure. MR. SOKOLOWSKI: Yeah, we don't know how accurate it is. MS. MONACELLI: It's who I think it is. MR. RINALDI: Ann, I'm not going to say the name because I could have the wrong name, so I don't want to say it. That's all. But we could have Mike contact them and find out if they are the property owner, and it would be their responsibility to clean it up, and Mike would instruct them that their property has to be cleaned up to the ordinances and the codes of the Borough. MS. MONACELLI: I mean, if you don't : throw them behind my yard, it might stop somebody : MR. RINALDI: No, no. They would have to dispose of them. MR. SOKOLOWSKI: We can't do that. It's not up to us. MR. RINALDI: Ann, we : MS. MONACELLI: I mean, that's a mess. (Inaudible crosstalk.) 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 MR. RINALDI: Ann, legally, we can't trespass on somebody else's property. Although, we agree, if a property in the Borough is not maintained properly, we have to take the correct legal steps to have it done. MR. SOKOLOWSKI: But it's not their property. It's not on the road. When it was on the road and I picked it up that time : MS. MONACELLI: Yeah. MR. SOKOLOWSKI: : put it back on their property. MS. MONACELLI: So, do you know whose property that is? MR. SOKOLOWSKI: I'm not sure exactly. MS. MONACELLI: Is it who I think it is? MR. SOKOLOWSKI: I'm not sure. We don't know. UNKNOWN WOMAN: So, then that's the next step, to find out. MR. SOKOLOWSKI: We can't get a surveyor say, Is this your property? Is this your property? MR. RINALDI: The next step is for 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 us to find out according to the map and according to tax records who owns the property. MS. MONACELLI: So, I was in trouble when I sent my handy man over to clean right across the street so I could see what the cars are coming down. And then somebody cleaned it even nicer, but if they don't know where to throw them, they could throw them behind my yard. I don't care. MR. RINALDI: No. Ann, what we'11 do is we'1l have Mr. Sokolowsk1 get in contact with our tax collector, Mr. Propersi, he has the tax maps. He'17 have the map numbers, the pin numbers, and it'17 say who the property owner is. MS. MONACELLI: Okay. MR. SOKOLOWSKI: There's two of them that are very close together, sO exactly where the line is, I'm not sure. MS. MONACELLI: Yeah. What are those little flags? I think they're orange or yellow. MR. RINALDI: The state puts them down for plowing sO the plow trucks don't hit 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 the curbs. Is it the little flags :- MS. MONACELLI: There's a : MR. RINALDI: : that's stuck in right by the curb? MS. MONACELLI: Yeah. I called the gas company, they said they're not responsible for that. MR. RINALDI: No. I think the state puts those in alongside the curb so the plow trucks know where the distance from the street to the curb is. MS. MONACELLI: Oh, I thought they were going to do something. You see, you didn't even see them. MR. SOKOLOWSKI: No. MS. MONACELLI: Yeah. They're either orange or yellow. Okay. How about the house across the street? MR. SOKOLOWSKI: I'm still working on that. Ican't find nobody. There's no relatives, there's nobody left. went to the tax office and they were paid two years ago. I think Gary said that it takes two years for it to go into sheriff's sale. 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 MR. KOMENSKY: Tax sale. MR. SOKOLOWSKI: Tax sale. MR. RINALDI: Ann, is the house abandoned? MR. SOKOLOWSKI: Yes. MR. RINALDI: Is the house abandoned? MR. SOKOLOWSKI: Yeah. It's been condemned. MS. MONACELLI: My neighbor that lives close by on that side, he says that somebody's throwing their garbage in front of that house. MR. SOKOLOWSKI: I had it taken care of. I found out who it was. MS. MONACELLI: I hope it was nobody on our street. MR. SOKOLOWSKI: It's a couple houses down. They did clean it up, though. MS. MONACELLI: Yeah. So, what, you can't go to the court and see who owned that? mean : MR. SOKOLOWSKI: We have the people that owned it. They passed away. They died. There's no next of kin, nothing. I can't find, 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 I went, who paid the taxes last time, the lady that died, that's what Gary told me. MR. RINALDI: Mike, excuse me. Ann, let me ask the solicitor a quick question for you. We have a house down the end of south and the Main Street across from Mrs. Monacelli's, it's condemned. The family members, according to the court, are passed. If it's condemned, was it condemned by us? MR. SOKOLOWSKI: There's a sign on it from Chris. ATTY. RINALDI: Oh, then Chris condemned it. MR. SOKOLOWSKI: That's, like, three years ago. MR. RINALDI: So, if it's condemned, what could the Borough take action in demolishing it? could the Borough ATTY. RINALDI: If you can find somebody to give notice to. I know there's no estate open, there's nothing. MR. SOKOLOWSKI: Nothing. ATTY. RINALDI: It's just nothing there. MR. SOKOLOWSKI: Nothing. I went to 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 Bobby Gillette, the funeral home where the guy died, there's no next of kin. There's nobody left. That's what he told me. ATTY. RINALDI: So, just get it on the tax sale and let the County take care of it. MR. SOKOLOWSKI: That's what Gary said, it's gonna take another year. MS. BARTOLETTI: It just takes a little bit of time. ATTY. RINALDI: Yeah. MR. SOKOLOWSKI: Right. MR. RINALDI: So, Ann, according to the tax collector, legally it has to sit on the tax roll abandoned until the taxes become delinquent. Once the taxes are delinquent : MS. MONACELLI: Is Marie - Marie's in a nursing home. MR. SOKOLOWSKI: If you could find her, please help me. I can't find her. Somebody told me she passed away, also. MR. HOOVER: Do you know the house? MR. RINALDI: I don't know the exact house but I know the area. I know it's across from Mrs. Monacelli's house. 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. SOKOLOWSKI: 1136. MR. RINALDI: 1136 is the address? MR. SOKOLOWSKI: Yeah, 1136. And 1138 was the one they tore down, or I have it vice versa. E-Y-T. Irwin was the guy's name. Marie was the : MS. MONACELLI: What's the speed limit on Main Street? CHIEF DUBERNAS: Thirty-five. MS. MONACELLI: Thirty-five? Okay. CHIEF DUBERNAS: It's high there. We tried to get it changed, they wouldn't change it. MS. MONACELLI: I've seen cars going down 70 down Main Street. And always going to have all those tractor trailers coming down Main Street. MR. RINALDI: Mrs. Monacelli, do you have problems with you're noticing speeders by your house, people driving too fast? CHIEF DUBERNAS: Her daughter asked to see if we could get it changed probably four or five years ago. The state won't change it. MS. MONACELLI: Someone told me that small bridge is gonna close next year. 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 MR. RINALDI: The small bridge? MS. MONACELLI: Not the big bridge. MS. SHOTWELL: The one on : MS. MONACELLI: The one on Lonesome Road. The small one. MR. SOKOLOWSKI: Bridge Street. MS. MONACELLI: Yeah. Is that true? CHIEF DUBERNAS: Yeah. They're going to reservice it. MS. MONACELLI: Where's the traffic gonna go? MR. SOKOLOWSKI: They have a study. They were here : MR. KOMENSKY: Yeah, they were here a ( couple : CHIEF DUBERNAS: About a year ago. About a year ago PennDOT was here. The truck traffic is gonna go out Lonesome Road up Moosic Road to Main Street, and then the regular car traffic is either going to use the rest of Lonesome Road to Main Street or Bridge Street. MS. MONACELLI: Okay. That's it. MR. SOKOLOWSKI: Okay. Thank you. MR. RINALDI: Thanks, Ann. Miranda Pace. 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 MS. PACE: -I-R-A-N-D-A, P-A-C-E. Hey everybody. MR. RINALDI: Hi, Miranda. Good evening. MS. PACE: I'm super happy to be here. I'm sO glad to hear about Oak Street and Marion. That's actually what I came here to talk about, and you guys already got it done. So, that's awesome. Well, you will when you vote on it tonight. So, I just wanted to - I was following the conversation about that, and I know that you were mentioning about speed signs and painting high visibility crosswalks, sO I just wanted to let you guys know about some funding. I don't know if you guys have heard of ARLE, but it is - it's a PennDOT fund and it's for traffic enforcement, traffic signals, and the opening should be coming up in April, so that might be an opportunity to purchase another sign, if you wanted to do the words, the message board, or if you wanted to do a speed sign. So, that funding is coming up. And I love to hear that you guys are 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 interested in doing the high visibility crosswalks. I wanted to bring up that additional methods of reducing traffic there. So, you are able to use paint, as well, which is significantly less costly, and I love that the sight is going to be increasing for that area, but by putting some striped no parking zones within that area, that might help increase visibility, as well. For the ARLE funds, you're also able to apply for those flashing pedestrian beacons. So, - that's something to consider, as well. Also, I wanted to note, for that intersection, what is the purpose for the focus on that intersection? I'm just wondering, like, what caused the visibility? MR. RINALDI: What caused the need for us to try and make it more safe? MS. PACE: Yeah. MR. RINALDI: I mean, I'17 answer for all of us, I think. If I'm wrong, correct me. I want to say, number one, I mean, it's just pedestrian and traffic in general, but I think it was the school. MS. PACE: Yeah. 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 MR. RINALDI: We have a lot of children coming and going in the morning, we have buses, we have parents. I mean, we want it to be safe throughout the whole day, but at those really high rush hour times from 7:30 to 8:30 for school going into and then when they're exiting school. But we have a lot of children who cross over there, we have a lot of buses, we have a lot of parents driving, we have a lot of teenagers driving coming from school. MS. PACE: Yeah. MR. RINALDI: But still we're trying to keep that whole area as safe as possible because it's such a hard turn to make and it's always -- I mean, I'm in 01d Forge my whole life, as all of us are, it's always just been a hard turn. Plus, there's a lot of cars who travel pretty fast in that area. When you're coming up that way, it's a big straigntaway, sO the history of people have tend to just : MS. PACE: Yeah. MR. RINALDI: They think they're racing there. 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 MS. PACE: Yeah. So, are you saying, like, when people come off Keyser down Oak, they increase their speed? Is, like, that the direction? Or just from both ways? MR. RINALDI: I would say both ways, but I think going towards Main Street, because it's so hard to see coming out from Marion, if you're looking to the left. Even if you're trying to turn to the right, it's still difficult. MS. PACE: Yeah. MR. RINALDI: You know? I mean, that's just my personal driving experience there, but I think in general, I think that's just : that would be the take for everybody driving there. I mean, it's just, it's a pretty dangerous intersection. MS. PACE: Yeah. So, it sounds like a goal that you guys would have would be to reduce speed where people start to speed up. So, like, at the beginning of that straightaway leading up : MR. RINALDI: Well, that's why we put that message board there a few weeks ago, two weeks ago, and the Chief and our street 72 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 commissioner went down and they said to put it a little bit further sO the people could see it a little bit sooner before you come right onto that intersection sO you start to gradually slow down maybe an extra 100 feet before that crosswalk. MS. PACE: Yeah. MR. RINALDI: Now, I'm not sure, and I'm sorry if I interrupted you. MS. PACE: No, that's fine. MR. RINALDI: We had a traffic study done over there. We were trying to get a street light there, and Councilman Notari said tonight, I don't know if you heard him, we're not happy with the way the study came back, because we wanted the street light there. We figured a street light would be the best solution, but according to the traffic study, they didn't feel that that was the best solution. So, now we're trying to take whatever steps we could, like you just said and like we've been mentioning tonight, painting the crosswalks, maybe getting another pedestrian crossing sign, maybe getting one of 73 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 those, or two of those mobile speed limit signs where it shows your speed as you're traveling, it tells you at what speed you should be traveling, there's flashing lights. Just something to bring more awareness and more attention, not only to the intersection but just to regular traffic, you know, every minute going up and down. MS. PACE: Yeah. MR. HOOVER: And we originally thought that it's such a busy intersection and it's a PennDOT road, well PennDOT will do it. Well, we found out that they're not doing nothing. MS. PACE: Yeah. MR. HOOVER: It's all our respons1Dillty. MS. BARTOLETTI: I know you've been coming to our meetings, but two weeks ago we had representatives from PennDOT come MR. RINALDI: Yeah, they were here. MS. BARTOLETTI: : and actually give a presentation and go through a lot of it with us, and they were like pretty much that we were on our own with it because they didn't 74 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 feel like it warranted a traffic signal there. So, we did our own study. MS. PACE: Yeah. Awesome. Is that study available? Are we able to see that, or is that just for you guys? MS. BARTOLETTI: I think we could give a copy of that out. MR. RINALDI: No, no, it's public record. You could get a copy of that, yeah. MS. PACE: Awesome. MS. BARTOLETTI: Maybe tomorrow? MS. PACE: Yeah. Awesome. So : MR. LOPATKA: Marylynn, she could have my copy. MS. BARTOLETTI: Oh, okay. There you go. MS. PACE: Thank you. Awesome. I love reading plans. So, something additional that could be done to slow traffic down, like you guys were saying, visibility is the biggest thing for pedestrians, and there are multiple crosswalks along that section, so I think if we were able to paint more high visibility crosswalks as part of that whole project, it can look at the area more holistically instead 75 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 of just focusing on this one intersection and bringing it down more sO that speeders are encouraged to slow down where they speed up. So, things like that could all be applied through the ARLE program, but also Safe Routes to Schools has a legacy fund that is currently operated through PennDOT, and they have over 13 million in unspent funds. So, that might be an option, as well. k know you said that PennDOT was here, maybe you guys have some connections where you could talk about the Safe Routes to Schools legacy funds. That might be a good way to also build relationships with Safe Routes to Schools. They're really helpful in understanding how to, like, implement pedestrian safety measures. MR. HOOVER: That was a school legacy fund? MS. PACE: Safe Routes to Schools legacy funds. MR. RINALDI: If you don't mind me asking you, what's your profession? You seem to know a lot about this. MS. PACE: Yeah. I work in 76 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 community development. MR. RINALDI: Okay. MS. PACE: In west -- (Inaudible crosstalk.) MS. BARTOLETTI: You have her resume. MS. PACE: Oh, yeah. MS. BARTOLETTI: Because you had sent your resume and I sent it out to all you guys, so it's in your e-mail. MR. RINALDI: Okay. MS. PACE: I ( offered to volunteer however I can. MS. BARTOLETTI: Yeah. MR. RINALDI: Okay. I : appreciate that. MS. PACE: So, the next thing I wanted to ask about was I was wondering if the municipality has any funds for demolition, if that's, like, part of your budget? MS. BARTOLETTI: We don't have anything budgeted, no. MS. PACE: Okay. So, there's a property that looks like it was probably condemned due to a fire on Oak and Disamore. 77 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 (phonetic) Drive. CHIEF DUBERNAS: Disimome. MS. PACE: Disimome. MS. BARTOLETTI: That's part of a lawsuit right now. MS. PACE: Oh. MS. BARTOLETTI: So we can't touch it. MR. SOKOLOWSKI: Yes. MS. BARTOLETTI: Mike is very up on that. The owner of that property also owns the building next to it, and I guess there's a very large problem right now with the insurance company and it's in litigation right now. MS. PACE: Okay. Yeah. I was going to ask if you guys looked into the : if there were any Act 92 funds for the insurance and fire money, but it sounds like ya'11 are already working on that. Yeah. I think that's all. Thanks guys. MR. RINALDI: Thanks, Miranda. I appreciate it. MS. PACE: Thank you very much. MR. RINALDI: Have a good evening. 78 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. PACE: And thank you guys for doing what you do. I know it takes a lot to be able to try to keep the town working and all that. So, good job guys. ALL MEMBERS: Thank you. MR. RINALDI: Thank you. I appreciate that, as well. Fran Vutnoski. Did p pronounce that right, dear? MS. VUTNOSKI: Yes, you did. MR. RINALDI: Okay. MS. VUTNOSKI: V-U-T-N-0-S-K-1. Good evening, Council. MR. RINALDI: Good evening. MS. VUTNOSKI: This is my first time here. My husband and I purchased a home here two and a half years ago, and I want to say we love 01d Forge. And if anybody knows Scranton, we lived there 48 years, sO now you know why we love 01d Forge. We picked a wonderful street, Edith Street, and I will say, I think the whole town itself is really - I love it. I absolutely love it. wanted to be here 20 years ago, it didn't work out, sO : but there is a couple 79 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 things I do want to say, like, fresh eyes. I do want to say that, I don't know if I'11 pronounce this right, Lenape. MR. RINALDI: Lenape. MS. VUTNOSKI: Lenape. Okay. That street there has got little woods there, okay? Well, I noticed that there's a lot of garbage being thrown there. There's even beer cans there. And I know the DPW does an excellent job. I - have to commend them. They're very, very good at what they do, and also the recycling. I mean, I had three cans out there today of recycling and they take it. I mean, they don't drop a thing and they're wonderful. And picking up the twigs and that in the summer from the spring all the way through is like, I love it. But I'd like to see Lenape cleaned up. And there's another place over by the donut shop, also, in front of it, it's kind of very dirty there, and it's on a main street, sO it doesn't look good for the town. And there's one other thing that's really : I - didn't know I was going to have 80 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 this a few inches to a foot from my property line in my back yard, but I'd like the permission of the Council members to have the zoning officer come to my property and see where this humongous RV is parked. Now, the few neighbors that I've talked to, I have an elderly woman here, a young couple here, they're fairly new, and a few people in the back that I've talked to, they've said that that RV is parked there ten years. Ten. MR. SOKOLOWSKI: I was there : CHIEF DUBERNAS: Where is it at? MR. SOKOLOWSKI: I - don't want to interrupt you. It's on George Street. MS. VUTNOSKI: It's on George Street, but their back yard touches my back yard, and it's like here's their RV and here's my property, and I have to look at this mess every day. MR. RINALDI: Fran, quick question, not to interrupt you, but I have to just sO I could understand. First of all, is the RV on your property, do you think? MS. VUTNOSKI: No. It's on their 81 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 property. MR. RINALDI: Okay. So you know it's on their property. Okay. MS. VUTNOSKI: Because there's, like : the person that used to own my home, I don't know if you know him or not, Mike Manzo. MR. RINALDI: Yes. MS. VUTNOSKI: Mr. Manzo. Wonderful man. Is still talk to him. Well, that's the home that we purchased. It's a small home, very, very nice, and he's a wonderful person, but we have, like, two pipes, and that's, like, the property, where the property ends. So, this RV is, like -- I didn't measure it, because I hate going down there. I will say the most it is from my property line is one foot. Their property is a mess. They had their back porch ripped off, part of the ceiling. The whole property is a mess. And when I first moved in, and I used to go down to my back yard, I'd say to my husband all the time, there's an awful funny smell there. Now, it's not recreational marijuana or medical marijuana. I think most people have 82 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 smelled that. It's not that. It's what I would refer to as years ago when we were, some of us were kids, not looking at you, Chief, the smell of, like, airplane glue, you know, like a paint smell, like, a very odd smell. a asked the neighbor lady and she said to me, this is hearsay for you people, but she said to me there was a lot of maybe illegal things going on in that RV at one time. I can't say for sure now, I don't know, because I try to avoid going down there. t thought about putting a big fence there, but then I don't know if I'm allowed. It's still going to be sickening, you know? And I'd just like you to just come and look at it. MR. SOKOLOWSKI: To be honest with you, I've been there a while back, I know exactly where you mean. We've had trouble with the people before. MS. VUTNOSKI: People come to my house and stop and say, Oh, is your RV for sale? I go, It's not mine. But if I could sell it, I would. MR. RINALDI: Fran, we'11 send the 83 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 zoning officer back down. MR. SOKOLOWSKI: Yeah. I know the people, we've had trouble with them before. MS. VUTNOSKI: I would really appreciate that. And I know this is hearsay, also, but I have also been said : a neighbor said to me the family that I'm speaking about, the police know who they are. MR. SOKOLOWSKI: We've been there many times. MS. VUTNOSKI: George Street, yeah. MR. HOOVER: What's the address there? MR. NOTARI: 631. MS. VUTNOSKI: I'm on Edith; they're on George. MR. NOTARI: 631 George. (Inaudible crosstalk.) MS. VUTNOSKI: And it's bad. And they have two dogs, and they're pit bulls, and I'm not saying, because my son and daughter-in-law have a pit bull and they're a wonderful dog, but I yelled at the man one day because he was beating the dog. IV went outside, my husband, my son 84 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 was in the house, and they heard me. I yelled at him. I just screamed at the top of my lungs, Stop hurting that dog. And he turned around and he said to me, It's my property. I said, I don't care. Shut up. Stop hurting the dog. I'm calling the police. But in the meantime, I didn't call the police because I thought, Well, just let it go. Try to mind your own business. But I put up with the dog crying all summer, two of them crying. They leave them out from 8 in the morning until 9, 10 at night. Now there's neighbors next door to them, and I think those people are gonna get a dose of the medicine, too, because I've had it up to here. And if you could come out, I would love that. MR. SOKOLOWSKI: Yeah. MR. RINALDI: Yeah. We'11 send him out, Fran. MS. VUTNOSKI: I would really love it. I appreciate it very much. I want to say thank you very much for listening to me. I know it's a very tough job that you have, you know, working on Council trying to figure out 85 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 everybody's problems, but I would appreciate it. Like I said, I love the town. I have to compliment everything that I see here. MR. RINALDI: Well, thank you. We appreciate that. MS. VUTNOSKI: And everybody, all the small ousinesses, too, like the game store, the candy store, we've been in them, the people are sO nice, the T-shirt shop, everybody's sO nice. Thank you very much. MR. RINALDI: Thanks for the nice comments. ALL MEMBERS: Thank you. MR. SOKOLOWSKI: I just want to let you know that the guys are on spring cleanup. They're making their ways around, and I will tell them. MS. VUTNOSKI: Yeah. Well, they're always over there. This has gotten very bad lately. MS. BARTOLETTI: I wanted to just add in that Lenape Street, the portion that needs to be cleaned, it actually belongs to the County. MR. RINALDI: Right. 86 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: So, every day with the County, we have to call them and advise them : (Inaudible crosstalk.) MR. SOKOLOWSKI: That is the County. MS. BARTOLETTI: So, that strip is the County, sO I'17 make sure that we give them a call and let them know. MS. VUTNOSKI: It doesn't belong to 01d Forge? MR. RINALDI: No. That belongs to the housing that's over the hill. (Inaudible crosstalk.) MS. BARTOLETTI: It's just on the other side of the house. MS. VUTNOSKI: Oh, okay. MS. BARTOLETTI: So, that's part of their property. MS. VUTNOSKI: Well, somebody must be having little parties there or something. MS. BARTOLETTI: Yeah. MS. VUTNOSKI: And I have to say one more thing, you got to keep it clean. I have, like, five deer come in the yard. MR. RINALDI: But the County, we 87 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 call them, they come down, they cut the shrubs back, you know, in spring, they come and clean it. MS. VUTNOSKI: (Inaudible crosstalk.) MR. RINALDI: Yeah, they keep up on it. We just have to call them and tell them. Whenever we call them, they come down within a day or two. MS. VUTNOSKI: I know. They're terrific. My neighbor had, there was kind of a little hole or something in front of her house there, and she mentioned it to me, and I said, Well, they'11 fix it. Well, she called. They were there right then. They fixed it, boom, boom, boom. I said, Wow. It's not like that in Scranton. Thank you very much. ALL MEMBERS: Thanks. MR. NOTARI: Chief, when Mike goes to that property, would you go with him or send an officer with him maybe to check some things out? CHIEF DUBERNAS: Yeah. We're very familiar. MR. NOTARI: Yeah. Keep Mike safe, 88 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 too. MR. SOKOLOWSKI: Yeah. It is scary down there. MR. RINALDI: If there's no other members from the public that would like to speak, we'1l move into new business. Okay. First item under new business is an ordinance to adopt the International Property Code for the Borough. At this time the Chair is going to entertain a motion to approve an ordinance adopting the International Property Maintenance Code in the Borough of 01d Forge as the property maintenance code for the Borough of 01d Forge for regulating and governing the conditions of maintenance of all property, buildings and structures for the health, safety, general welfare, convenience, comfort and safety for the residents of the Borough of 01d Forge. MR. HOOVER: I'11 make that motion. MR. RINALDI: Motion on the floor by Councilman Hoover. MR. NOTARI: Second. MR. RINALDI: Second by Councilman 89 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 Notari. On the question? (No response.) MR. RINALDI: Public input? (No response.) MR. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwe11? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. Second item under new business is going to be a motion to approve an ordinance establishing no parking on the south side of the 400 block of Oak Street for a distance of 90 feet from the intersection of Marion Street in the Borough of 01d Forge. MR. NOTARI: I'17 make that motion, Mr. Chairman. MR. RINALDI: Motion on the floor by 90 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 Councilman Notari. MS. SHOTWELL: I'11 second. MR. RINALDI: Second by Councilwoman Jones Shotwell. On the question? (No response.) MR. RINALDI: Public input? (No response.) MR. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwel1? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. Third item, the Chair's going to entertain a motion to approve an ordinance establishing no parking on the west side of the 100 block of Marion Street for a distance of 50 feet from the intersection of Sussex Street in the Borough of 01d Forge. 91 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: I'11 make that motion, Mr. Chairman. MR. RINALDI: Motion on the floor by Councilman Notari. MS. SHOTWELL: I'11 second. MR. RINALDI: Second by Councilwoman Jones Shotwell. On the question? (No response.) MR. RINALDI: Public input? (No response.) MR. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwe11? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. Fourth item, the Chair would entertain a motion to approve a resolution authorizing the purchase of a 92 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 vehicle by the Borough of 01d Forge for use by the zoning department. The price of the vehicle is $48,987. MR. HOOVER: I'11 make that motion. MR. RINALDI: Motion on the floor by Councilman Hoover. MR. NOTARI: Second. MR. RINALDI: Second by Councilman Notari. On the question? (No response.) MR. RINALDI: Public input? (No response.) MR. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwell? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. Item number 93 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 five, the Chair's going to entertain a motion to approve a resolution for the appointment of a member to the Zoning Board for the Borough of 01d Forge in Lackawanna County, ennsylvania. MR. NOTARI: Mr. Chairman, I'd like to make a motion to name Mark Palma to the Zoning Board. He's currently an alternate to that board and I would like to see him elevated to the position. MR. RINALDI: Motion on the floor by Councilman Notari naming Mark Palma to the vacancy to the 01d Forge Zoning Board. MR. HOOVER: I'17 second that. MR. RINALDI: Second by Councilman Hoover. On the question? (No response.) MR. RINALDI: Public input? (No response.) MR. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwell? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. 94 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 Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. Sixth item under new business, the Chair's going to entertain a motion to approve the fee agreement with Cohen Law for work on the renewal of the Comcast/Xfinity cable agreement. Attorney Rinaldi, the price is $7,760? ATTY. RINALDI: Seven thousand -- I think it was : wait a second. Was it 620? Where did I put it? Sorry. MR. RINALDI: No. Take your time. ATTY. RINALDI: Let me find the e-mail. MS. BARTOLETTI: $7,760. ATTY. RINALDI: Yeah, that's it. 7,760. MR. NOTARI: I'17 make a motion. MR. RINALDI: Motion on the floor by Councilman Notari. MR. KOMENSKY: I'11 second. MR. RINALDI: Second by Councilman 95 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 Komensky. On the question? (No response.) MR. RINALDI: Public input? (No response.) MR. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwell? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. Seventh item under new business, the Chair is going to entertain a motion to accept the resignation of full-time police officer Dalton Boback. MR. KOMENSKY: I'11 make that motion. MR. RINALDI: Motion on the floor by Councilman Komensky. MR. HOOVER: I'11 second it. 96 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. RINALDI: Second by Councilman Hoover. On the question? Chief, Mr. Boback, he's going to continue as a part-time police officer? CHIEF DUBERNAS: Part time. MR. RINALDI: Okay. On the question? MR. NOTARI: Can I vote no? What if we don't accept his resignation? MR. RINALDI: I wouldn't like to either but it's at his request, sO I understand where you're coming from. CHIEF DUBERNAS: I second that. MR. RINALDI: On the question? (No response.) MR. RINALDI: Public input? (No response.) MR. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwel1? MS. SHOTWELL: Regretfully, yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Regretfully, yes. MS. BARTOLETTI: Councilman Notari? 97 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: Yes, with regret. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Same. Yes, with regret. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Regretfully, yes. Next item under new business is to award the contract to the low bidder for the Josephine Street project. Marylynn, if you want to take us through it real quick? MS. BARTOLETTI: Okay. So, the low bidder is Lindy Corporation, and the amount of their bid is $41,215. MR. RINALDI: The chair's going to entertain a motion to approve the Josephine Street project. MR. HOOVER: Mare, who was the second bidder? MS. BARTOLETTI: Second is Sikora Brothers. MR. HOOVER: Sikora? A17 right. MS. BARTOLETTI: And Sikora Brothers, their bid price was $57,408. MR. RINALDI: The Chair's going to entertain a motion to approve the Josephine 98 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 Street project to Lindy. They were the lowest bidder, and the amount was $41,215. MR. HOOVER: I'11 make that motion. MR. RINALDI: Motion on the floor by Councilman Hoover. MS. - SHOTWELL: I'11 second. MR. RINALDI: Second by Councilwoman Jones Shotwell. On the question? (No response.) MR. RINALDI: Public input? (No response.) MR. RINALDI: Roll call, please. MS. BARTOLETTI: Councilwoman Shotwell? MS. SHOTWELL: Yes. MS. BARTOLETTI: Councilman Komensky? MR. KOMENSKY: Yes. MS. BARTOLETTI: Councilman Notari? MR. NOTARI: Yes. MS. BARTOLETTI: Councilman Hoover? MR. HOOVER: Yes. MS. BARTOLETTI: Councilman Rinaldi? MR. RINALDI: Yes. If there's no items for new business by any of the members, 99 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 Chair will go down the table and see if anyone has anything before we adjourn. Major Legg? MAYOR LEGG: Thank you, Mr. Chairman. I have nothing. MR. RINALDI: You're welcome. Thank you, Mayor. Councilwoman Jones Shotwell? MS. SHOTWELL: I have nothing. Thank you. MR. RINALDI: You're welcome. Councilman Komensky? MR. KOMENSKY: Nothing at the current time. MR. RINALDI: Councilman Notari? MR. NOTARI: Mr. Chairman, I would like to congratulate Bob Beviglia, an 01d Forge native. He's the girls' basketball coach at Scranton Prep and tonight he led his team to a victory, and they will play for the state championsh1p on Saturday. The Beviglias are Tong-time friends and good family that we've had here in 01d Forge and nobody deserves it more than Bobby, and he does a good job and he works hard. So, I'd just like to acknowledge him tonight. 100 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 Thank you. MR. RINALDI: You're welcome. It was a good statement. Good luck to Mr. Beviglia and the Scranton Prep girls. Councilman Hoover? MR. HOOVER: Yeah. Two things. The first thing is tar sealing, Dave. Miridgy (phonetic) does tar sealing on : MR. RINALDI: Crack sealing. MR. HOOVER: Crack sealing? MR. LOPATKA: Oh, yeah. MR. HOOVER: Can we get the bidder that does the paving to do that, add that to our paving, or not? Do you think they - MR. LOPATKA: I don't know if : MR. HOOVER: They do it? MR. LOPATKA: See, a lot of those bigger paving companies don't do the sealing. MR. HOOVER: Yeah. They just tar the edge of the roads. MR. LOPATKA: They just tar the edges, they don't : MR. HOOVER: Curb lines. MR. LOPATKA: : do seal coating. MR. HOOVER: A11 right. Can you 101 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 call a couple of people and find out, get a couple prices? MR. LOPATKA: Sure. MR. HOOVER: Because I'm hearing two different ways they : MR. LOPATKA: For? MR. HOOVER: For doing some tar sealing on some roads, crack sealing : MR. LOPATKA: Okay. MR. HOOVER: : on some roads. Joe's got a list of roads that he asked about in our paving meeting last week and we'd like to get that going. MR. LOPATKA: So, you're looking for, like : MR. HOOVER: Joe said he's got about 15 streets that he can do. MR. RINALDI: I don't want to cut Councilman Hoover off, but we discussed it a few years ago : MR. LOPATKA: Yeah. MR. RINALDI: : many members brought it up, but Councilman Hoover is Chairman of our paving committee, and in the meeting last week, though, we discussed, and he 102 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 brought it up, I think what he's looking for is a maintenance program, not just a one-time thing. We're looking to do it yearly, every year : MR. HOOVER: Even a couple times a year. Like, how do they bill it? Is it per street? Is it per : MR. RINALDI: Per hour, per : MR. HOOVER: : hour? I - don't know. MR. LOPATKA: Let me find that out. MR. HOOVER: Find that out. MR. LOPATKA: Yeah. I'm assuming either by square foot or whatever. MR. HOOVER: Yeah. I C don't know how they bill it. MR. LOPATKA: I'17 figure it out. I'17 call them. MR. HOOVER: Yeah. MR. RINALDI: Well, like Councilman Hoover said, we got two answers last week, Joe had two answers from two different contractors, they said they bill it by the amount of supply they use : MR. HOOVER: Or by the day. MR. RINALDI: : and then they bill 103 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 by the day, sO : MR. LOPATKA: Well, yeah. I mean, naturally for most of them, quantity, you're going to get a lower price, typically. MR. RINALDI: Correct. But since we got two different answers to one question, it was --IV was a little confused myself. MR. HOOVER: Yeah. MR. LOPATKA: Yeah. Let me see. MR. HOOVER: If you would please get me a price on that. MR. LOPATKA: A11 right. MR. HOOVER: And the second thing is MR. LOPATKA: Now, are you looking for just crack sealing or are you :- MR. HOOVER: Crack sealing. MR. LOPATKA: looking for the seal coat :- MR. HOOVER: No. Just crack sealing. MR. LOPATKA: Just crack sealing. Okay. MR. HOOVER: The second thing is I was down at the DPW building the other day with 104 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 Joe, he asked me to go down and look at some things, and I asked Marylynn, the building was built in 1997, sO it's 27 years old, and we've gotten some newer vehicles in the past few years, we have a new leaf truck coming, we've gotten some one-ton dump trucks that are in pretty good condition, we still have the packers that we have, they're running out of parking space down there, rooms, room for these trucks. And if you look at the back of the building, from the salt, it's kind of eaten away at the aluminium on the back of the building in two spots. It think we have to think about doing some work down there at the DPW building, whether it's putting a little addition on the back or something. MS. BARTOLETTI: Possibly moving the salt shed. MR. HOOVER: Yeah. We have to get the salt shed away from the building, because that's, it's eating the whole side of the back of the building away. If we put the salt shed on the other 105 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 side where they use the packer for the recyclables, if we put it over there and cover it all by itself, but I think we do have to : we have to start looking into seeing what we could do maybe to get some grants to do some work down there to that building, maybe put an addition on the back. Mike had a suggestion of putting an addition on the back, maybe about 40 feet, but Idon't know how much property we own on the back of the side. We'd have to get it surveyed first, Dave, to see what we own. But in the back of the building it seems to be the more reasonable place to go. MR. LOPATKA: Do you want me to get a - survey? MR. HOOVER: Yeah. Get it surveyed and maybe extend the bid : MS. BARTOLETTI: There's plans. ATTY. RINALDI: There's a recorded plan. MR. HOOVER: Oh, is there? ATTY. RINALDI: Yeah. MR. HOOVER: Okay. Good. Well, I'd like to just start to get the ball rolling and 106 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 do something with this building. MR. LOPATKA: You said there's a recorded : ATTY. RINALDI: When they built the building, there was a subdivision and a recorded plan. MR. LOPATKA: Oh. Yeah. Maybe you don't need a survey. We could probably look at that : MR. HOOVER: Yeah. That'11 be perfect. MR. LOPATKA: : and determine where the corners would be. MR. HOOVER: Uh-huh. But I'd like to get the ball rolling on this before the winter comes. MR. NOTARI: It's still here. MR. RINALDI: Any other items? MR. HOOVER: No. That's it. That's all I have. Thank you. MR. RINALDI: I don't have any other items. I would just ask that Council stay for a brief executive just for a few minutes after we adjourn. At the time, the Chair would 107 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 entertain a motion to adjourn the meeting. MR. NOTARI: I'11 make that motion, Mr. Chairman. MR. RINALDI: Motion on the floor by Councilman Notari. A17 in favor? ALL MEMBERS: Aye. MR. RINALDI: Good night everyone. Thank you for coming. (Meeting adjourned.) 108 1 2 3 4 CERIIFICATE h hereby certify that the proceedings and evidence are contained fully and accurately in the 5 notes taken by me of the above-cause and that this copy 6 is a correct transcript of the same to the best of my 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ability. Michelle'Smolskis Official Court Reporter ORIGINAL (The foregoing certificate of this transcript does not 24 apply to any reproduction of the same by any means unless under the direct control and/or supervision of 25 the certifying reporter.)