Gregory C. Lebold, Council President, opened the scheduled Borough Council Meeting at 7:30 PM, in the Council Meeting Room, 212 Unity Terrace, Rutledge, PA.
After the salute to the flag, the following Council members answered roll call: Greg Lebold Jack Borsch, Tom Kopp, Diane McGaughey and David Waltz
Also present: G. Guy Smith, Esq., Mayor Scott Shields, Police Chief Brian Craig
Not Present: Brian Costello, Kurt Morrison
Public Comment: Rita Kramer, 106 Rutledge Ave., stated that the 6th annual complaint about her property condition is coming up. She would like to know what the agenda is of the person filing the complaints. The inspector empowers him. She has been to a lot of meetings and cannot sort out the answers she has been given. Ms. Kramer inquired as to why the inspector was in her yard 3-4 times last summer, when he knows the complaint is invalid. Harry Mirra stated that he received a complaint, and responded to it. Mrs. Kramer stated that she has complained about Steven Smith’s property several times. There is a dumpster load of stuff backed up to the fence of the person on Council who complained about her property. Why is nothing done about his property? Council President Greg Lebold responded that the Borough has a property maintenance code and has a duty to respond to every complaint.
Mrs. Kramer stated that this person has complained about her property, and this year will be the 6th year. She has been here for 48 years and no one has complained about her property. The person who complained about her property needs to have a sense of power. Mr. Lebold asked if a citation had been issued to her. Mrs. Kramer responded no, but she has received notices to clear her property of debris, or it will be cleaned up and charged to her. The inspector went behind her garage, where bamboo and raspberry bushes are growing- she is allowed to have them. Mr. Lebold asked if she was told to cut them down. Mrs. Kramer stated that she was told to clear them. Mr. Lebold asked what her complaint is. Mrs. Kramer stated that an authority figure that is being paid by her taxes is picking on her. Her husband is an invalid, and she is being bullied.
Mr. Lebold asked Mr. Mirra when he was in Mrs. Kramer’s yard last. Mr. Mirra responded in July or August 2009. Mr. Lebold stated that a citation has not been issued to Mrs. Kramer this year, and if Mr. Mirra sees something that is in violation of the property maintenance code, he will leave a notice to correct it. The Solicitor is trying to resolve the issue at Seven Smith’s property in its entirety, and Mr. Smith is taking steps to comply. Mrs. Kramer stated that she was at the last meeting and reported that there was a trailer with lawn mowing equipment and advertising on it parked in front of her house in the afternoon. Mayor Scott Shields stated that trucks are allowed to park on the streets during the day – there is no overnight parking allowed.
Mrs. Kramer stated that there was a rat in Steven Smith’s trash, and asked why a woman would have to remove an Avon sign from her window. Mr. Lebold stated that he doesn’t know why the sign had to be removed- she is going back into ancient history. The Solicitor is addressing the problem vigorously.
Minutes: MOTION by Jack Borsch, Second by David Waltz, to approve the minutes as submitted for the Council Meeting of June 7, 2010. MOTION approved unanimously with noted change.
Tax Collector’s Report: No report.
Treasurer’s Report: Gennifer Guiliano distributed the Cash Flow report for the month of June 2010.
Code Enforcement Report: Harry Mirra read his report for June.
1 House Inspections/Sale – passed
4 Apartment Inspections
1 Building Permit – Completed
6 Correction Notices – Debris in side yard, debris on porch and side yard, debris along curb, front porch needs repairs, debris in front of and beside garage, debris in front yard.
1 Non-traffic citation issued
Mr. Mirra reported that Solicitor Guy Smith sent a letter regarding Steven Smith’s property at 112 Rutledge Ave., and asked Mr. Mirra to look at the property after July 9, 2010. Mr. Mirra gave Council pictures of the property – it is 70% cleared.
Solicitor Guy Smith stated that he sent a letter to Steven Smith, 112 Rutledge Ave., on June 30, 2010, that gave him until July 9, 2010 to clear his property. He also sent a letter to Harry Mirra to inspect the property after July 9, 2010. The letter addressed three issues:
1) Compressor going on and off – has stopped
2) Stuff everywhere – needs to be removed – some has been removed
3) Conducting business on a residential site
Mr. Mirra will have to go to the property a few times to report on the condition. Mr. Smith will follow up with a letter acknowledging partial compliance, and state that total compliance is still expected in a short period of time. The business issue needs to be addressed at some point in time.
Solicitor Smith stated that he went to Mrs. Kramer’s property and heard the compressor. It is very loud, and runs for 3-7 minutes, every 10-12 minutes. President Lebold authorized the Solicitor to write letters to the property owner until the issue is resolved.
Mayor’s Report: Mayor Scott Shields read the Police Report for June. There were: 11 Police Calls, 9 Motor Vehicle Citations, 15 Parking Tickets, 5 Complaints, 1 Missing Person Reported, 1 Missing Person Cancelled
6/4 Attempted vehicle break-in
6/19 Group of kids on corner of Melrose Terrace & Sylvan Ave. – report that one boy had no pants on
6/25 Report of juveniles in Triangle Park smoking pot
6/27 100 block Rutledge Ave. 2 raccoons in rear yard
Mayor Shields reported that there was a car accident on Friday, July 9 on the corner of Swarthmore Ave. and Unity Terrace. Mayor Shields authorized Knights Tree service to remove a damaged tree, and the bill will be sent to the driver’s insurance company.
Mayor Shields reported that the ball field at the triangle Park was dedicated To Edward McGaughey during the 4th of July festivities.
Correspondence: None
4th of July: Nothing to report
Communication: Nothing to report.
Ordinance: Nothing to report
Trash: Nothing to report.
Building: Nothing to report.
Sewer: Jack Borsch reported that General Sewer Service will give a price to televise the Borough’s sewer lines. Catania Engineering will get the names of other contractors to get more estimates for the work.
Shade Tree Commission: Jack Borsch reported that three of the trees that were planted last fall are almost dead. The trees are guaranteed for 1 year, and have to be totally dead for the merchant to take them back. Karl Eilinsfeld purchased and installed watering bags for the trees. Another tree planting is scheduled for the fall. The Borough budgeted a $1,000.00 donation to the Tree Committee
Highway: David Waltz stated that Karl Eilinsfeld asked if he could purchase a gas edger for approximately $300.00. Mr. Waltz has a meeting with people from the County to discuss funding for road repair.
Recreation -Nothing to report.
Public Safety: Tom Kopp reported that there were: 21 alarms, with time in service of 10 hours, 15 minutes, and 3 drills with time in service of 5 hours, 50 minutes in June 2010.
Manpower response – Full Compliment-16, Undermanned – 3, Scratched -1,Highest Manpower Response – 21, Lowest Manpower Response – 1, Late Response – 0.
Mr. Kopp reminded residents that vacation season is upon us. When leaving your home unattended for a period of time, notify your neighbors and the Police Dept. and also unplug any electronic appliance that needs not to be plugged in while you are away.
The Morton-Rutledge Fire Co. gave rides at the 4th of July celebration, and joined Morton Borough’s parade after. The Fire Co. assisted with Prospect Park’s fireworks.
Finance: Diane McGaughey reported that she looked at four sections of the proposed road repairs, and took out the price for curbing, for a total of $95,815.00. The proposed bank loan is for $150,000.00 at 6.25%. Ms. McGaughey would like to move forward with road repairs. She understands the rationale behind installing curbing, but it is very expensive, and in some cases, costs more than the road repair. Kurt Morrison had stated at the Work Session that we could repair the roads twice for the price of one repair with curbing. If the Borough borrows $150,000.00, the monthly payment will be $1,684.20, $20,210.00/yearly. The budget would have to be increased by $4,700.00, and $1,700.00 for loan fees(one-time cost). Jack Borsch suggested that Council wait until after David Waltz’s meeting. President Lebold stated that the issue will be addressed at the Work Session.
Diane McGaughey requested that Council go into Executive Session to discuss a personnel matter at 8:02 PM. Council President Gregory Lebold approved it.
The Council Meeting resumed at 8:12 PM.
Solicitor’s Report – Solicitor Guy Smith reported that he spoke with Morton Borough’s Solicitor, Jay Wills, regarding the 25-75 % split of Morton-Rutledge Fire Co.’s expenses. Morton Borough does not want to have to pay its Solicitor to make up a document. It is important that there be a written agreement between the Boroughs.
Solicitor Smith stated that he sent information to Council regarding vacating streets. The issue will be discussed at the Work Session.
Old Business: Greg Lebold stated that he received the resignation of Randall Poe, Tax Collector. The books were turned over to David Waltz. MOTION by Jack Borsch, Second by David Waltz, to accept the resignation of Randall Poe, Tax Collector. MOTION approved unanimously.
Three candidates were interviewed for the Tax Collector position: Thomas L. Heron, Juli Kroon, Amanda Pellis. MOTION by Jack Borsch, Second by Thomas Kopp, to appoint Thomas L. Heron, 228 Rutledge Ave., as Rutledge Borough’s Tax Collector. MOTION approved unanimously.
Solicitor Guy Smith stated that he checked Mr. Heron’s background, and he is qualified to be the Tax Collector.
Thomas L. Heron was sworn in by Mayor Scott Shields as Rutledge Borough’s Tax Collector.
Mr. Heron needs to be bonded and the County Bureau of Elections needs to be notified. Former Tax Collector Len Michael offered to review Randall Poe’s paperwork. Diane McGaughey stated that Mr. Michael should be reimbursed for his time, not to exceed $100.00. MOTION by Diane McGaughey, Second by Jack Borsch, to reimburse Len Michael for his assistance in reviewing the Tax Collector’s paperwork, not to exceed $100.00. MOTION approved unanimously.
MOTION by Jack Borsch, Second by Diane McGaughey, to pass a resolution for Rutledge Borough to continue with the mortgage for the Borough building with the Morton-Rutledge Fire Co. at 6.25%.
Solicitor Guy Smith stated that there is a current mortgage with the Rutledge Fire Co. signed on February 3, 1994. Herb Jackson can execute the mortgage satisfaction piece. It will be filed with the new mortgage- 10 years, 120 payments of $653.94/month, 1st payment due August 1, 2010. The mortgage will continue to be a first lien. The Borough can pay off the mortgage at any time with no penalty. MOTION approved unanimously.
New Business: David Waltz reported that Karl Eilinsfeld will purchase a gas hedge trimmer, cost not to exceed $300.00.
Public Comment: None
Bills for July 12, 2010:
MOTION by Diane McGaughey, Second by Jack Borsch, to approve payment of the bills for the month from the General Fund in the amount of $48,507.20. MOTON approved unanimously.
MOTION by Diane McGaughey , Second by Jack Borsch, to approve payment of the bills for the month from the Gas Fund in the amount of $868.64. MOTION approved unanimously.
MOTION by Diane McGaughey , Second by Jack Borsch, to approve payment of the bills for the month from the Sewer Fund in the amount of $29,831.25. MOTION approved unanimously.
Since there was no further business, the meeting was adjourned at 8:38PM.
Submitted by:
Gennifer Guiliano
Secretary