City Council

The Regular Monthly meeting of Dupont Borough Council was called to order at 7:00pm on Tuesday, December 13, 2022 by President of Council, Stanley Knick. Jr. A 6:00pm Executive Session was held as advertised for legal matters. Pledge of Allegiance Roll Call: Mr. Knick – Present Mr. Kowalczyk – Present Mr. Karkut – Present Mr. Price – Present Mr. Jones – Present Mayor Elaine Lello – Present Introduce Father Thomas Petro, Sacred Heart of Jesus Church Good evening everyone, my name is Father Thomas Petro , Pastor of Sacred Heart of Jesus Church in Dupont. This is our 120 year anniversary as a parish of the Diocese of Scranton. With that long history I know many of you have had involvement with our school, our church building and even our cemetery. The reason I come here tonight is you may have noticed we have been doing some expansion of the cemetery and trying to beautify the area up there, especially for mausoleums on the corner of Oak Street and Wyoming Avenue. In the development of our cemetery and the beautification of it, we noticed there are some areas around there that can be further beautified. My request this evening is two things, and they both have the same goal, the beautification of our town. The bridge that used to cross 81 and go over to Langan’s is gone. That area where the road intersected with Oak Street is still open and there is a flagpole there. It is somewhat like scrap land. What I was thinking of was to request from the Borough to find out who actually owns that land there. Is it the state or the Borough or whoever. Then if we can get volunteer effort from the community and the Parish and try to clean it up. Plant some things, get some gravel, make it a nice little park area. Maybe have a monument there in honor or memory of the coal miners, many of whom are ancestors came to this area to work in the coal mines. I know Pittston City has something like that near the Fort Jenkins Bridge. I thought that would be something historical for us to have in that area where the flagpole is now. Of course, that is contingent on so many things, getting volunteers together, raising funds. Getting permission to move forward. There is also the fear of that land not being available in the future should there be some type of development of 81, the northeast expansion. I just want to put that out there to be investigated for now. The second aim or question of beautification is in that area of our cemetery there are a few properties that have had accumulation of abandoned vehicles on them. One of them I believe the address is 600 Oak Street and the other is 507 Wyoming Avenue that have junk cars on them. They have been there for some time. The one on Oak has junk cars across the street from the house along the fence that divides the road from 81. I just wanted to know if we have a Borough zoning officer or code enforcement officer, or can we look into that land to see who owns it and if it is the Borough land, can we ask that person to remove those vehicles or in some way look at our whole town together. I noticed there are other properties in town that have these junk vehicles. You drive from Avoca to Dupont and you are greeted with the sign Welcome to Dupont and what do you see, big junk yard or collection of junk vehicles. That gives our town, at least from visual esthetic point of view, a black mark. I would like to encourage the council and others to see if we can do something about the collection of the junk vehicles. Especially over by our cemeteries because it is beautifying the area for everyone, not just us. We are trying to sell mausoleums to people and they want to have their final resting place looking nice and not having to go up thee and see a human graveyard but a car graveyard as well. That is our aim. To beautify what we can. We cannot change everything for the better, but if we can focus on those small areas in our life we have involvement with and make this a better town and more attractive. Father Petro asked if anyone had questions. Mr. Knick responded that he believes it is Dupont’s property but we will look into it. He further added that we are hiring a company that will help the Borough deal with blighted properties and junk vehicles. We did put a board in place for appeals. Stan talked about meeting with the county and the county sending a notice. Erik Dingle suggested Father Petro contact the county in this regard. Mark commented that his concern for the section with the monument is that it was in the paper about a month ago that the turnpike is delaying releasing their final project. Mark would love to see the area beautified and probably looked at it as much as Father Petro has. You don’t want to go through all that effort and then the Turnpike rips it out. Hopefully we will get more information. Stan stated as soon as we get more information we will be in touch with Father Petro. Patty stated she did reach out to the Turnpike Commission and read their response as follows: Thank you for reaching out regarding Scranton Beltway project. Portions of the area are planned to be part of the Scranton Beltway project. However, we do not see our project precluding what Father Petro would like to do in this area. Our intent is to coordinate this area with the public officials after we receive the necessary agency approvals. We’d want to coordinate with Father Petro as well as he moves forward with his plans to clean up the area. As requested, please find the attached drawing topography and right of way in this area. (Patty provided a copy to Father Petro). Father Petro was thanked for his attendance this evening. At this time, Mr. Knick asked for Wally Janesko to come forward to receive an Appreciation Award for Eastern Produce for the yearly donations to the Childrens events in the Borough. Wally accepted the award and commented it was not necessary. At this time Council and Mayor joined Wally for pictures. Thank you Bob Naegele for the photo taking. Mayor Elaine spoke with Wally afterwards with regard to the monthly food drive and any donations would be appreciated. Wally thanked everyone for their thoughtfulness. MOTION TO ADOPT MINUTES OF THE NOVEMBER 15, 2022 REGULAR MEETING AND PLACE ON FILE. Motion: Mr. Kowalczyk Second: Mr. Jones Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO ACCEPT CORRESPONDENCE. Motion: Mr. Jones Second: Mr. Karkut Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO APPROVE THE BILLS FOR PAYMENT. Motion: Mr. Jones Second: Mr. Kowalczyk Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO ACCEPT THE RESIGNATION OF FULL TIME POLICE OFFICER THOMAS RUSCHAK EFFECTIVE JANUARY 1, 2023. HE WILL REMAIN AS A PART TIME OFFICER. Motion: Mr. Kowalczyk Second: Mr. Price Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO APPOINT THE PART TIME POLICE OFFICERS FROM DECEMBER 11, 2022 TO THE NEXT REGULAR MEETING OF COUNCIL WITH NO GUARANTEE OF WORK: Bryan Besecker, Duane Saunders, Jennifer Polemitis, Christopher Fargione, Robert Avvisato, Michael Sniscak, Gilbert Diaz, Thomas Ruschak Motion: Mr. Jones Second: Mr. Kowalczyk Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. REPORTS: Treasurer’s Report: Submitted by Albert B. Melone, CPA , Business Consultants General Fund - $125,283.73 Payroll Fund - $ 7,838.85 ARPA Fund - $ 104,557.43 Admin Debit Card - $ 236.29 Police Debit Card - $ 261.93 Community Development Fund - $63.18 Refuse Fund - $ 97,590.13 Sewer Maintenance Fund - $ 305,182.96 Liquid Fuels Fund - $ 197,630.51 Police Pension Fund - $ 1,023,734.34 Town Clock - $87.19 Special Fund - $ 178,710.03 Tax Collector Report: Submitted by Susan Gregory, Tax Collector Balance Collectable – Beginning of Month - $16,857.74 Less Face Collections for the month - $499.40 Plus Penalties - $ 49.07 Check deposited into General Fund - $ 548.47 Mayor’s Report: Elaine wished everyone a Blessed Christmas and Happy New Year. Reminder the food drive is the 22nd. Police Report: Chief Doran read the statistical report for November. Criminal arrests-11; traffic citations issued-31; appearances in county court-7; appearances in magisterial court-12; motor vehicle accidents-8; assist to ems/fire-10; assist to other police dept.-11; alarms-4; thefts-2; disorderly conduct-3; PFA violations-1; Domestic reports-5; Suspicious Activity-2; assault/harassment-1; drug offense-6; miscellaneous calls-26; building checks-65; code enforcement-8; Mileage: F150 at dealer transmission repair(warranty); #2 Explorer 11, 219; Car #3- 9,531. Magistrate Fines - $2,097.95. Solicitor’s Report: None Engineer’s Report: Bob Naegele updated on the following: (1) ADA Ramp Project is substantially complete. There is a punch list items that they have to come back and address. (2) Stormwater project, same contractor, that is also substantially complete. They will be back to address the punch list items in the Spring. Very minor. Due to weather they cannot seal the joints, etc. (3) Contractor, Multiscape is still working on the flood channel. They will continue as long as they can doing concrete flat work. They are using blankets to cover concrete. They made pretty good progress after starting out slow. That project is about 65% complete. (4) We are getting prepped to bid out the other projects for spring opening. Stan did advise we are looking forward to getting those other projects out to bid with the hope of getting good pricing. Crime Watch Report: Bob Price reported the meeting in November was basically to cover the tree lighting event which was held Saturday. It was a good party for the kids. Everyone enjoyed themselves. Thanked council and everyone from Lions Club and Community for helping out with the event. Fire Department brought Santa over. There is no meeting in December. The next meeting is January 31 st at 7pm. Code Enforcement: No Report Council President’s Report: Stan reported 8.17 tons of paper recycled, 68.68 tons of trash to landfill. Mileage: 550 – 43,346 needs 6 tires; C3500 – 1,643; C6500 – 474; Green GMC – 4,699; Mack – 4,295; Bucket Truck – 854; Recycler – 37,095; Packer – 67,704; Backhoe – 7,413. In addition, Stan updated on the following: (1) new packer is pushed back to April deliver of 2023. We will look at the grant to see what the expiration data is. (2) Compost Facility is closed for the season. We will still be accepting Christmas trees and ashes. (3) PP&L is in town cutting trees around power lines. (4) Quail Hill development may be sold. There is a hearing scheduled tomorrow. (5) Land behind highrise was purchased. We will move forward with that. MOTION TO ACCEPT THE REPORTS. Motion: Mr. Karkut Second: Mr. Jones Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO PRESENT THE PROPOSED 2023 BUDGET AND 2023 TAX ORDINANCE FOR APPROVAL. Motion: Mr. Price Second: Mr. Jones Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. Patty read the tax ordinance summary and 2023 budget as follows: Milage rate 1.725 no increase Refuse Fund – no increase $125 family; $95 senior; Commercial $160; Commercial with glass disposal $360 Parking Ticket Fee $25.00 $100 pave cut fee Increase in sewer maintenance fund from $30 to $40 The full tax ordinance is available in the office for review. Budget: General Fund - $817,380.00 Refuse Fund - $ 143,800.00 Liquid Fuels - $ 97,000.00 Sewer Maintenance Fund - $ 70,730.00 What did change since the first and second readings is the ARPA Fund Budget since we purchased the land behind the school ARPA Fund Budget - $103,981.50 Special Fund – $ 178,583.78 Total for all operating budgets for 2023 is $1.411.475.28 Are there any questions? Full budget available in the office for review. MOTION TO APPROVE THE 2023 BUDGET AND TAX ORDINANCE. Motion: Mr. Jones Second: Mr. Karkut Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO PAY ALL BILLS VERIFIED THROUGH DECEMBER 31, 2022 Motion: Mr. Jones Second: Mr. Price Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO ABSOLVE THE TAX COLLECTOR FOR THE 2022 DUPLICATE Motion: Mr. Jones Second: Mr. Kowalczyk Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO CLOSE ALL BOOKS AND RECORDS OF DUPONT BOROUGH FOR CALENDAR AND FISCAL YEAR 2022 AS OF DECEMBER 31, 2022 Motion: Mr. Kowalczyk Second: Mr. Jones Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO RETAIN FNCB BANK AS DEPOSITORY FOR ALL BOROUGH ACCOUNTS AND PNC FOR COMPOST Motion: Mr. Kowalczyk Second: Mr. Jones Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO RETAIN ALBERT B MELONE AS BUSINESS CONSULTANTS FOR 2023 Motion: Mr. Karkut Second: Mr. Kowalczyk Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO RETAIN MICHAEL FIORELLI ASSOCIATES FOR 2022 AUDIT. Motion: Mr. Jones Second: Mr. Kowalczyk Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO RETAIN ERIK DINGLE, SOLICITOR, FOR 2023 Motion: Mr. Jones Second: Mr. Kowalczyk Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO ISSUE THE 2023 REFUSE BILLS ON DECEMBER 12, 2022 AND SET HOURS FOR COLLECTION Motion: Mr. Jones Second: Mr. Price Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO TABLE APPROVAL RENTAL PROPERTY MAINTENANCE ORDINANCE UNTIL APPOINTMENT AND REVIEW BY INSPECTOR BHW Motion: Mr. Kowalczyk Second: Mr. Price Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO APPROVE ACT 57 OF 2022 RESOLUTION Erik explained the Resolution which involves penalties and fees for property owners being waived. Motion: Mr. Jones Second: Mr. Karkut Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO APPROVE REVISED RECYCLING ORDINANCE FOR COLLECTION OF COMINGLE RECYCABLES FOR 2023 Motion: Mr. Price Second: Mr. Jones Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO APPROVE AGREEMENT WTH ASTOUND CABLE COMPANY Motion: Mr. Kowalczyk Second: Mr. Jones Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO APPOINT BHW Construction Consultation Inc. INSPECTOR FOR RENTAL PROPERTY ORDINANCE Patty questioned how can you hire an inspector if you do not have an ordinance in place. Erik stated it seems backwards but we need him in place to review the ordinance for approval so as to not have to make changes after it is passed. Motion: Mr. Kowalczyk Second: Mr. Jones Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. MOTION TO APPROVE GRANT OF RIGHT OF WAY EASEMENT FOR PP&L FOR TAX PARCEL 15E1200A09A001 AND 15E1200A09B000 Bob Naegele explained the correspondence received. Stan added a conversation he had with regard to security gate for the compost facility. Motion: Mr. Jones Second: Mr. Price Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. Mr. Posly asked for the Decoration to be turned off, he is having trouble hearing the council speaking. Santa was unplugged. MOTION TO APPROVE JOINING THE LANDBANK AUTHORITY FOR 1 YEAR AGREEMENT Mr. Cigan asked for explanation. Stan explained and Mr. Cigan talked about an article he read on it. It has to do with getting rid of blighted properties and green space or beautifying the areas. Lou Posly doesn’t have a problem with the land being bought out, but what if the property owner doesn’t want to sell. Stan talked about Landbank program and the Code Enforcement program which will force property owners to clean up the properties. Mark added that Erik stated there is no loss that we can get from this, but the question is what is the gain. Erik stated this is repository, there are properties that cannot be built on or are not zoning. Rather than sitting there, these properties are bought and made into green space. Or maybe they can sell to neighbor properties and that money goes into a fund to buy more. Stan also added information on problems in town, blighted properties and trying to clean up the town areas that are neglected. Motion: Mr. Jones Second: Mr. Kowalczyk Roll Call Vote: Mr. Knick, yes; Mr. Kowalczyk, yes; Mr. Karkut, yes; Mr. Price, yes; Mr. Jones, yes. Motion Carried 5/0. Matters from Residents: Mrs. Pina Hansen – Quail Hill Development sale, is it portion or the entire development. Can anyone go to the hearing. Erik stated he believes it is open to the public. On the third floor at 9 am. In front of Judge Hughes. No one gets to do anything except for the two lawyers because it is just oral argument. It is a very narrow legal issue that has to be decided by Judge Hughes. Pina asked if Comitz had said something about the property on corner of Pittston Avenue and Ivy Lane. Since it is not buildable he would give to the borough for $1.00. Erik stated that fell through. Stan stated we have to look into cleaning up the pump station and change the fence. Pina agreed it would be nice for access to the pump station. Erik stated we have to get a survey of the area. Comitz wont do anything to mess with this sale. Pina then asked if it is the whole development or section behind Whitman is being sold. Erik stated he is getting rid of everything that he is trustee for. Stan will attend the hearing along with oe Karkut. Pina asked if this will hurt the grant for the road paving. Mr. Cigan asked if the sale will affect the town negatively or positively in any way. Stan stated it might be a positive. Right now nothing is being done. A new owner may do work and beautify area. There are parts that can be developed. Mr. Cigan asked if the develop would be responsible for sewers and roads. Stan said yes. Developer has to bring roads up to specs before the town can take them over. Mr. Joe Lokuta - Can you have chickens or ducks in Dupont. He had to put a rain garden in 20 x 20 in the corner of the land and is thinking about having ducks. Stan is not sure about ponds or ducks. Joe said he had to do it for Conservation District. Stan will look at the ordinance. Stan talked about a goose on a lesh and if not on a lesh borough can sell for the fine. Everyone laughed. Stan stated there are some very old ordinances. Mrs. Joan Posly – Truck and trailer parked on Hill and Highland near stop sign. The person that bought the home on the corner of Lidy and Hill. Chief will check this. Mr. Lou Posly – Questioned closed door meeting held in October. Asked Mr. Karkut, Mr. Price, Mr. Jones of what was the general description of the meeting. All responded it was personnel or legal matters. Lou said he is 86 years old and he can remember. Mr. Price said if it was legal or personnel it cannot be discussed. Lou again asked. Lou asked if the taping of meetings was brought up at that meeting. Mr. Karkut said all that is discussed at executive sessions is legal, litigation, personnel. Lou then asked Joe Jones. Joe Jones asked what date. Lou has a copy of the minutes. Patty provided a copy of the minutes from the October meeting to Stan. Lou again asked was anything brought up about recording. Mark was there in October. Lou stated after that meeting, Mr. Dingle said taping is illegal at meetings by anybody. Erik stated what we said was we were going to refer it to the DA’s office to find out. We then went to the DA’s office and their initial report was exactly what we said. You cannot tape unless you have permission. Then they said we looked at this again, they changed it and you can do it. Stan came out and stated apparently you can do it. Stan stated he did apologize that he was wrong, but that is the information he had. You can tape the meeting. Stan stated years ago you could not tape meetings. Years ago Mr. Zielinski was taken out for taping and recording the meeting. Stan then stated he forgot to bring up tonights executive session was for litigation legal matters. Mr. Joe Cigan – Commented on legal matters, executive session, and not public information. He watched an interview with a defense attorney. He said in a lawsuit anything concerning the case should not be discussed in public. Stan stated if it is brought out, the town can get sued. Mrs. Hansen, commented about council being pointed at for whats legal, whats not legal, etc. and Pina suggested Mr. Posly run for council. Stan called for order. Mrs. Posly – With regard to Suscon Road closure and the detour route. Stan stated the 81 bridge is being replaced. There will be detours in place. There will be access for those living on bear creek road and we are talking to Penn DOT about closing it off completely and detouring through walnut street so no trucks try to get through the closure and get stuck. Joan asked about those that work in Suscon. They have to use the alternate route, Navy Way to Commerce or Centerpoint, Armstrong Road. Work has to be done. Mayor Elaine stated that is Penn DOT project. Matters from Council and the Mayor: Mr. Jones – Merry Christmas and Happy New Year. His 4th year on Council, enjoy working with Dupont Police, Council, and loves this town. We will be out plowing on Thursday. He sees what other towns are like, and no other town does so much for the people, Patty, Police, Council, We s pend so much time here. I like working with everyone here. It should be a good year in 2023. Mr. Kowalczyk – Merry Christmas and Happy New Year. Lived in Dupont all his life, Love every minute of it. Enjoy the holidays and I’ll ssee you in January. Mr. Karkut – Merry Christmas Happy New Year. Covid still around, Sanitize, stay safe. Mr. Price – Merry Christmas Happy New Year. Great Town. Great people to work with. We try to do our best. Lets see what 2023 brings. Mayor Elaine Lello – She is from Lackawanna County. She is a transplant. Wished everyone a Merry Christmas and Happy, Healthy New Year. Lets see what happens next year. Mr. Knick – Merry Christmas, Happy New Year. Im not always perfect and I do make mistakes. I do try to do what is best for the residents along with council. Cannot do it without everyone on this board. Everyone has their own opinion. Sometimes we don’t all agree. But we do work it out. Ms. Alberta Warunek – Complemented council and thanked them for their knowledge and background which helps get the towns projects done right. You have background information and knowledge to know what these contractors are doing, the materials, the supplies, etc. Complimented each and everyone for input and knowledge to help the town. Mr. Joe Cigan – Many communities and townships cannot find people to run for public office. Applauds the efforts of the council and mayor. For one square mile and a town of 2400 people, there is much progress. Last weeks paper, the progress, the refuse fees for seniors $95, and Family $125 includes trash, yard waste and recycling. Other towns are $225 etc. We have police coverage, streets plowed, town running well. You are doing projects. It happens because of a lot of work. Much appreciated the work and thought to make town successful. Mayor Elaine Lello – Thanked Patty also for her work. She knows everybody and everything and what is going on, she needs to be applauded. Patty thanked all council and mayor, engineer and solicitor and everyone for working together to get things done. Stan agreed it is a group effort. With no further business, the meeting adjourned at 8:05pm. Respectfully submitted, Adopted and Approved Patricia McDonald Stanley Knick Jr. Secretary Council President