City Council

The Regular Monthly Meeting of Dupont Borough Council was called to order at 7:00 pm on Tuesday evening, June 14, 2022 by Mark Kowalczyk, Acting President of Council. Pledge of Allegiance. Moment of Silence for Mayor Dan Lello who has lost his very courageous battle with ALS last month. We pause to pay our respects to Mayor Lello. ROLL CALL: Mr. Kowalczyk, Present; Mr. Karkut, Present ; Mr. Price, Present ; Mr. Jones, Present. Acting Mayor Stanley Knick, Present . Mr. Kowalczyk introduced William McAndrew, Fidelity Bank, Police Pension Plan Update. $740,000 when they took over. It is now $1,003,998.00. Annual average annual rate of return 4.16 % over that period of time. Currently the way the market has been, it has been a little chopy. Year to date the investment account is down 13%. Last year it was up over 12%. Our goal and mission has been to maintain the principal of the plan as well as cover any expenses or payouts coming out of it. We have added to the account value over that time in the neighborhood of over $200,000. It has been a tough market over the past few months. We repositioned the portfolio to be, bond are considered more safer assets, but since we are administrative environment, experience 40 years where interest rates are going to be rising, the bonds how we invest them is important, short term bonds, securities. We have 50% investment in stocks in the United States and nothing international. We pulled out of international about a year ago. We also pulled out of the longer term bonds over a year ago. Once inflation is under control, the higher interest rates, in a year from now we will see a much more certainty. Bill continued his presentation and took questions from the audience. Questions were asked by Mr. Cigan. (The tape is static due to the air conditioning). After air conditioner shut off - Mr. McAndrew stated the benchmark over the last fifteen or seven years the S&P 500 has done over 11% a year, the bond market has done 1.27%. We would like to be somewhere in between. We are not going to take the risk of taking 100% into the S&P 500 that is just not the right thing to do. We need to keep that money safe. We are looking for 3-5% yield a year. Mr. Cigan asked about Conrad Siegel. Bill McAndrew stated he is the actuary for the Borough. He works with the state. Mr. Cigan asked what is the cost. Bill stated it is 75 base points. (.75, less than 1%). Mr. Kowalczyk called for any other questions, with no other questions, he thanked Mr. McAndrew for coming this evening. MOTION TO ADOPT THE MINUTES OF THE MAY 10, 2022 REGULAR MEETING OF COUNCIL AND PLACE ON FILE. Motion: Mr. Karkut Second: Mr. Jones Roll Call Vote: Mr. Kowalczyk, yes; Mr. Karkut, yes ; Mr. Price, yes; Mr. Jones, yes . Motion Carried 4/0. MOTION TO ACCEPT THE CORRESPONDENCE PRESENTED. Motion: Mr. Price Second: Mr. Karkut Roll Call Vote: Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes ; Mr. Jones,yes . Motion Carried 4/0. MOTION TO APPROVE THE BILLS FOR PAYMENT. Motion: Mr. Jones Second: Mr. Price Roll Call Vote: Mr. Kowalczyk ,yes; Mr. Karkut, yes ; Mr. Price, yes ; Mr. Jones, yes . Motion Carried 4/0. MOTION TO APPOINT THE PART TIME POLICE OFFICERS FROM JUNE 14, 2022 TO THE NEXT REGULAR MEETING OF COUNCIL WITH NO GUARANTEE OF WORK: Duane Saunders, Jennifer Polemitis, Christopher Fargione, Robert Avvisato, Michael Sniscak, Robert Bartolemei. New Hire: Angelika Matuszelanski Motion: Mr. Price Second: Mr. Jones Roll Call: Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price,yes ; Mr. Jones, yes. Motion Carried 4/0. REPORTS: Treasurer’s Report: Submitted by Albert B. Melone, Business Consultants Balances as of May 31, 2022 unless otherwise noted. General Fund - $230,741.61 (6-1-22) Payroll Fund - $6,120.05 (6-1-22) ARPA FNCB Cash - $120,014.22 Admin 4249 Debit Card - $120.57 Police 2121 Debit Card - $396.18 Community Development Fund - $63.18 Refuse Fund - $119,923.78 Sewer Maintenance Fund - $343,188.28 Liquid Fuels - $210,217.49 Police Pension Fund - $1,109,295.74 Town Clock - $87.19 Special Fund - $178,544.65 Tax Collector’s Report: Susan Gregory submitted the following report: Report for May 2022 Balance Collectable Beginning of Month - $ 34,567.06 Less Face Collections for the Month - $ 2936.31 Balance Collectable End of Month - $31,630.75 Less Diiscounts: $4.53 Check deposited into General Fund - $2931.78 Acting Mayor’s Report: Stan Knick began by stating it is a sad day sitting here in Dan’s spot. He is well missed. Danny loved this town, loved his family, and loved hjs country. Stan did not know every Mayor in this borough, but Dan was the best Mayor he ever met and he worked well with this Council. I want to say I’m very sorry for sitting here, but with all respect to Danny. Stan added that he, Martha Doran and Patty are working on the old time Party in the Park. There is no date set yet. There will be fireworks, bands and free food for the residents. It will be in Memory of Danny. Mr. Kowalczyk thanked Stanley and stated keep us informed. It usually was in August. We can post on social media. Watch for the date. Police Report: Chief Doran read the monthly statistical report for May as follows: traffic citations issued-58; non traffic citations issued-1; appearances in county court-4; appearances in magisterial court-32; motor vehicle accidents-14; assist to EMS/Fire-9; Assist to other police depts.-7; alarms-1; thefts-1; disorderly conduct-2; domestic reports-8; suspicious activity-6; dui arrest-1; miscellaneous calls-42; building checks-89; Mileage F150 – 37,304; Explorer Car 2 – 4.012; Explorer Car 3 – 2,275. Magistrate Fines - $2,734.49. Solicitor’s Report: Erik stated we will be voting on an Ordinance tonight to accept the streets in Quail Hill before the streets are paved. We signed a contract to accept those roads. The monies involved were approved. This is the next step which requires to accept the roads by Ordinance. The deeds will be delivered to my office in the next few days and then we will record them. Pittston Township has already done it. Mark asked when the project will be put out for bid. Bob Naegele stated we have to go through PennDOT’s process. Mark asked if there is an approximate time line. Bob stated probably winter bidding, spring construction. Engineer’s Report: (1) Quail Hill was covered. (2) There are several grant applications that the borough is involved in. (3) Main Street inlet by PNC Bank, New Enterprise did the paving restoration so Pioneer has not submitted a bill yet, but we will be looking for a credit for the pavement they did not have to do because New Enterprise paved the street (4) Pioneer has been given two contracts. We have not been getting a lot of progress from them as far as schedule. We returned their shop drawings. They are saying they are waiting on lead times on materials. While that may be true, they had contracts since March and it is now June they should have an idea when they will be starting. (5) Met with Patty to go over the grants and we talked about Pioneer. If Council wants to have solicitor write letters looking at liquidated damages or performance bond issues at this point. Bob’s office has been emailing, with little or no response. Mark questioned if there is a time limit on the project, for instance, the ADA project. Once the project is started how long would that project take. Bob responded sixty days, dig out, set foundation, footers, masonry, set, pour grade and pave. Then railing and door. Sixty days is not unreasonable but it could take 45. Bob hopes to have an answer in the next couple weeks. It could be they are trying to finish up work from last year or shortage on materials, staff, etc. Mark agreed it would be good to have an answer. MOTION TO HAVE THE SOLICITOR DRAFT A LETTER TO PIONEER TO PROVIDE A START DATE. Motion: Mr. Karkut Second: Mr. Price Roll Call Vote: Mr. Kowalcyzk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 4/0. Bob Naegele will get with the solicitor on the dates and this tactic usually generates a decent response without contacting the bonding company and going after them. (6) Paperwork for MultiScape for the Flood Control Project is on the desk. Everything is in order and needs to be signed and executed. They are ready to start. Lou Posly asked the engineer about the projector slides. Bob stated that would be through Patty. She did ask us for materials. Lou has been asking about this to show us where these projects are taking place. Stan stated Patty is working with Dave on setting it up for the TV. Lou asked when it will be ready. Mark stated a few people have to work on it to make it understandable. Bob Naegele also added there are three projects that are currently awarded (1) ADA Ramp at the Council Chambers (2) Walnut Street Stormwater from culvert to intersection stormwater, sidewalks and paving. Lou Posly asked about Grove Street, he noticed it was paved. Bob Naegele stated he knows nothing about Grove Street. Mark stated he was contacted by Patty because our street department contacted Patty that Petro was paving it. We had no idea it was being paved. There was a lot of details. They had a meeting with representatives from the truck stop and they hired a paving contractor to come in and pave the road. I’m sure you saw it, they milled it out completely and put several layers of asphalt in. From what I saw they seemed to do a good job. They just did not go through the right procedure to do it and it did not cost the Borough anything. Mark does not disagree with what they did. It is not our people from Lidy Road with small car or pickup truck causing damage to that road. Lou said about 1% of traffic coming from Lidy and 99% coming from trucks. Mark agreed that is their main access. Stan Knick talked with Erik and maybe next month we are discussing turning that road up to their entrance over to Petro so we don’t have to plow it or maintain it. There are some legal issues that we have to look into. The State would be notified and we would not get liquid fuels monies. But if they are willing to take it over Council would have to agree. Mr. Cigan asked who owns the road. Mark stated Grove Street is the Borough. Where they paved is our road. From 315 to entrance is our road. Mr. Cigan asked if that would change in the future. Stan responded that is what we will be discussing. There are legal issues. Turn it over from 315 to their entrance and then they are liable for all maintenance, snow plowing, salting etc. We get little liquid fuels from that area of road. It will become a private driveway. Mr. Cigan asked who would own the road. The response was truck stop. Mark added that if they take the road over they can close it off. That would be another downfall. It becomes their property so there would be no access from Lidy out to 315. They can block it. Lou Posly said the other access will be the gates at the end of Lidy Road. Mark stated that is a whole other can of worms. Stan stated this is just an option we are looking at all what is involved. Stan stated it would need certain wording in there. Mr. Cigan added if they go bankrupt it goes back to the town for instance. Mark stated that is a good thought. That is reasonable. Lou said whoever owns the road or whoever buys it will get it. Mr. Cigan said unless it reverts back to the town. Mark added unless it is in the agreement from the beginning, there is a lot of issues. Mark agreed there is a lot to think about. We don’t want to jump the gun and forget something. Good thoughts. Erik stated right now we have a free pave job on a road we own. Maybe six years from now we can figure all that out. Mark said they did a good job. Its about time Mr. Posly agrees. Bob Naegele continued his report with the third awarded project being the channel replacement project is from Suscon Road upstream toward Pittston Township. A lot of the concrete will be replaced in that channel. It is in rough shape. Mostly t he bottom, but also some side panels. They will also do some cleanup work and other stuff from Suscon down to this section of town. Finally we were alerted to some found manholes while doing this paving project on Ziegler. Bob’s best guess is it was the old sewer when it was combined sanitary and storm. He suggested to Patty to have New Enterprise raise them up grade. They were about 2.5 inches under the pave so we did not know they were there. We did not have time to investigate. Raise them up to grade and pave to them so we have access should we ever need. Rather than spend $3-5,000 for camera work, or dye testing, just raise and pave. We haven’t accessed them in the last 15 years. Stan Knick asked the status of paving streets in town. Bob said that is also Penn DOT and is the same process as Quail Hill. We were informed by PennDOT that we have to design the ADA Ramps. We will have to redo 80% of those intersections with ADA corners. Bob noted the ada ramp to nowhere by the culvert crossing over. Lou Posly asked about the Quail Hill project and what it cost. Bob stated it is not out to bid yet. Lou asked what is the estimate. Mark and Bob estimated about $750,000-$800,000. Lou asked about how many properties and what was the talk about the deeds. Bob explained the roads are still in the developer’s name, or estate of the developer. Part of the agreement to get the grant was that Dupont and Pittston Township will take over the roads over because they do not own the roads. Penn DOT and the two municipalities entered into an agreement that they would accept the roads for the funding. Lou asked how many properties does that involve. Bob and Mark estimate at about 50. Lou asked how is the sewer pump working now. Bob talked about normal stuff, unfortunately people using flushable wipes are a problem. And that is all over. Bob talked about the wipes causing the pumps to work , energy surcharge , kicks the pump into overload. It is not three phase power, it is a converter. Lou said then you need a bigger converter. Code Enforcement: Nothing Crime Watch: Bob Price noted they held a meeting in May and most of the discussions was on skimmers at the gas pumps and scam calls from FEMA, IRS. We discussed what to do and not to do. The next meeting is June 28th at 7pm in the council chambers. Council President: Mark noted we received an email that we were awarded grants. Stan stated $239,000 for the basketball court/pocket park. The second one was for the hose company for the roof and air conditioning. Mark stated it was an excellent idea especially with the housing doing great there. It is all local people and to create an area where they can enjoy themselves on a day like today rather than a parking lot or open field. It is Dupont property. Stan stated it will be all new fencing, a park next to the basketball court. Mark stated it will be something not only for the kids, but for adults to enjoy. Stan also received a call about the field behind the school and that will be brought up next meeting to buy the field back and a grant in for recreation complex. Housing is willing to wait for us as long as they know we want to purchase the field back. MOTION TO ACCEPT REPORTS: Motion: Mr. Karkut Second: Mr. Price Roll Call Vote: Mr. Kowalczyk, yes ; Mr. Karkut, yes ; Mr. Price, yes ; Mr. Jones, yes . Motion Carried 4/0. MOTION APPROVING ORDINANCE No. 2 of 2022 RE: DEDICATION OF ROADS IN QUAIL HILL DEVELOPMENT TO DUPONT BOROUGH INCLUDING QUAIL HILL DRIVE, IVY LANE, WHITMAN DRIVE, AND WATERFORD DRIVE Motion: Mr. Jones Second: Mr. Price Roll Call Vote: Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes ; Mr. Jones, yes. Motion Carried 4/0. MOTION TO ADOPT RESOLUTION No. 4 of 2022 APPOINTING ELAINE LELLO TO FILL THE VACANCY IN THE MAYORS OFFICE. OATH OF OFFICE TO BE ADMINISTERED 6-16-22 at 5:00PM by DISTRICT MAGISTRATE ALEXANDRA KOKURA KRAVITZ Motion: Mr. Jones Second: Mr. Karkut Roll Call Vote: Mr. Kowalczyk, yes; Mr. Karkut, yes ; Mr. Price, yes ; Mr. Jones, yes . Motion Carried 4/0. MOTION TO SIGN TRANSFER AGREEMENT FOR DEP CHAPTER 105 PERMIT FOR MAINTENANCE OF THE CHANNEL Bob Naegele explained this is the permit for the creek channel, the maintenance agreement, it was still in the State’s name. They did not catch it last time we did work, but this time they did so it needs to be changed. Motion: Mr. Price Second: Mr. Jones Roll Call Vote: Mr. Kowalcyzk, yes; Mr. Karkut, yes ; Mr. Price, yes ; Mr. Jones, yes . Motion Carried 4/0. Public Comment: Mr. Joe Cigan, 210 Gill Street - Questioned paving of Gill Street and the paving to be done in the Spring 2023. What can be done about potholes, ruts, drainage issues as a temporary fix until it is paved. Can we patch using a roller. Mark stated obviously we don’t want to spend a tremendous amount of money if it is going to be paved next year. Mark addressed Mr. Jones to give a report on and Mark will stop by. Joey said he will have the DPW work on that. Stan Knick talked about cold patch, but there are several areas that need fixing, and they are making asphalt and can use the roller. Mark asked where the roller is stored. It is here at the building. Secondly Mr. Cigan asked about the drain corner of Spruce and Gill put in about 20-25 years ago that was put half way down alongside my house. I talked to you about 6 or 7 years ago, and talked to Stan. That pipe needs to be run the pipe down to the creek. His property is like a swamp. Stan stated he spoke with the engineer who is looking at that and a couple new drains before the paving. It is taking longer than I thought. Mr. Battista said he is concerned that it needs to be done prior to paving and there was talk that the engineer was going to look at it but do they actually have a game plan. Bob stated there are a few areas up there along the corridor of Walnut Street, that there is some drainage piping issues we looked at. It is all related, once we get the survey back and design the ada ramps it will all be taken into consideration. Mr. Battista asked what type of pipe. Bob explained plastic unless there is a reason to use concrete. We are waiting for surveys to come back and take a better look at it. Mark said there is also a problem down lower with drainage across the road especially in the winter time. It comes down on the even side and comes diagonal ends up on the odd side by Mr. Lizaks. That is the stuff that has to be worked out before paving. We are a little early on that. Mark stated keep the water to the sides of the road and not create problems to affect the new pavement. Bob is always great at reviewing check items. We are just premature before we get to that point. Mark stated it is all marked down in pencil right now. Bob also stated before everything is final he will be willing to sit with residents to make sure nothing is missed. Residents live with it everyday. If we need to be there during rain, or talk to residents it is definitely beneficial. Mr. Cigan said let us know. Bob stated late summer or in the fall. Joan Posly, 243 Lidy - Is there anything on the agenda to fix the potholes on Lidy Road by the stop sign. Mark stated Mr. Jones is in charge of the DPW and he puts out an email every week that includes pothole patching. He can put it on the agenda. Winter plays havoc on roads. Lou stated it has to be done properly. Mark stated if we are doing Gill we can go to Lidy. Lou said it has to be dug out and filled with 2A. Its not done right that is the problem. Lou Posly, 243 Lidy Road - Pump station and did you ever look at 220 single phase and use a bigger motor. Bob noted that he knows pump, but not the electrical capacity. Lou offered suggestions and Bob will talk to the pump specialist on that. Stan talked with the company working on the pump station and they are working on a cost estimate for us to fixing the problems up there. Matters from Acting Mayor and Council. Mr. Knick – Elaine will be sworn in Thursday. I’m glad Council went this way. Mayor Dan cannot be replaced, but Elaine will make him proud. Mr. Price - Welcome aboard Elaine. All the organizations Dan was involved in, he will be missed. Mr. Karkut – Welcome aboard and have a safe 4th. Mr. Jones – It was a pleasure serving with the Mayor and I remember when I was a little kid, when he was first elected, walking around with him and going to the Lions Club stuff. Welcome aboard. He is greatly missed. Mr. Kowalczyk – I reflect everything they are saying, he had great community spirit and I know you will continue that. I look forward to working with you and I know you will do a great job. I look forward to being here Thursday 5 pm when you are sworn in and thank you for being here tonight. MOTION TO ADJOURN. Adopted & Approved this Patricia McDonald, Secretary Mark Kowalczyk, Council