Greg 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, Tom Kopp, Thomas Ash, Jack Borsch, Diane McGaughey and Kurt Morrison.
Not present: Mark King
Also present: Mayor Scott Shields, G. Guy Smith, Esq., Police Chief Brian Craig, Ed McGaughey, Manager
MOTION by Jack Borsch, Second by Kurt Morrison, to approve the minutes as submitted for the Council Meeting of October 1, 2007, Continued Council Meeting October 15, 2007 and Work Session of October 22, 2007. MOTION approved unanimously.
Diane McGaughey noted that, in the October 1, 2007 minutes, 2nd page, the Halloween Parade is on October 27, not September 27. MOTION by Diane McGaughey, Second by Kurt Morrison, to approve the minutes of October 1, 2007 as amended. MOTION approved unanimously.
Public Comment: Will Stanton, 214 E. Sylvan Ave., followed up with the questions he has asked at the October 1, 2007 Council Meeting regarding the cell tower ordinance. Mr. Stanton stated that the didn’t understand how the section regarding the cell tower survived for nine years without the review of any Borough lawyer or the Board even when Don Petrosa left the Zoning hearing Board, and he came here as TMobile and stood up at the hearing and told us what the law was and he was going to court and the only reason he didn’t in that case was because the Fire Co. didn’t want to. Then he got a client that would go to court, and he went to court and he won and after he told us that, you did nothing. Mr. Stanton feels betrayed , as someone who worked hard to stop these towers , didn’t get any help from Council and then found out that the Borough’s own ordinance was enabling TMobile to win the case. They never won on the merits; nobody wants the tower- it’s not needed, and yet they won because of this exclusionary zoning. Mr. Stanton wants an explanation as to how this got on and survived for nine years.
Greg Lebold stated that he could give the same answers as before – the ordinance was reviewed by the Delaware County Planning Department. Mr. Stanton asked if it was reviewed by the Borough Solicitor, and if the Solicitor is required to review ordinances coming before the Board. Mr. Lebold stated that perhaps the Solicitor reviewed the ordinance. Mr. Stanton asked if the Solicitor made any comments that the ordinance was exclusionary zoning and unconstitutional, and if not, the Solicitor didn’t do his job and shouldn’t have been paid. Mr. Lebold stated no. Mr. Stanton asked how the Zoning Hearing Board Solicitor can do his job if he’s not familiar with the Rutledge Zoning Code. The Zoning Hearing Board Solicitor in that nine years must’ve known what the code said. It’s incredible that nobody noticed this; why wasn’t anything done after that hearing when Don Petrosa made it clear that he was going to court. All the Board had to do was repeal that and there would’ve been no court case. If you had repealed it at that point, you wouldn’t have had a basis for a second case.
Guy Smith stated that what Mr. Stanton said is not true. It doesn’t matter what you do after the fact; the law that was in place at the time the action was taken is the law that the court considers. Mr. Stanton stated that he was talking about after the Fire Co. one where Mr. Petrosa said that it was exclusionary zoning and he was going to court and he didn’t because the Fire Co. didn’t approve it, then 10 months later, when he got a new client he did go to court. Mr. Smith stated that he was not here for the Fire Co. hearing- he became Solicitor after. As of the time Mr. Petrosa took the appeal to the Court of Common Pleas, the law that existed at that time is the law that was challenged, and because it’s a zoning law, it wouldn’t have been possible to change that law with any impact on the Court of Common Pleas. Mr. Stanton said that was not the question he asked. Mr. Smith stated that he could not answer questions from the previous hearing.
Bill Morris, 215 Linden Ave., stated that on July 6, 2007, his basement was flooded with sewer backup, and went around the Council table and asked if each member was aware of it. Mrs. Morris made calls to try to find out what they, as homeowners needed to do. Mayor Scott Shields stated that he did not get a call or a message.
Mr. Morris said that the August 2007 minutes say that the homeowners weren’t willing to talk to the Borough’s insurance adjuster, Terry Murphy; that isn’t true – he made every attempt to talk to Terry Murphy before he hired an attorney at that point. It took 11 days to hear from the Borough to find out what kind of help they were going to get from such a small Borough to try to settle the claim. On July 6, they made it very clear that Mrs. Morris had to make a call to her insurance carrier. Mr. Morris wanted to know when the Borough insurance carrier was contacted- was it on July 6 specifically or was it days after. Mr. Morris asked if anyone was aware that Terry Murphy went through his house for an inspection. Every content in his basement was destroyed and the family was out of their home for 45 days. Mr. Morris has a report from the environmental hygienist that stated they were not allowed back in their house until it was cleared. The Borough insurance carrier denied Mr. Morris’s claim. Mr. Morris asked what the Borough of Rutledge is willing to do for a community member who has put $100,000 into his house, just to see it go down the drain. Mr. Morris asked if anyone had noticed 215 Linden Ave. and the work he’d done to his property.
Greg Lebold stated that it is very unfortunate and unpredictable what happened to Mr. Morris’s property, and the Borough did everything that it could.
Mr. Morris stated that he has not been contacted by one Council member, not once. He received an email from
the Borough stating that there was a health officer- did the health officer know that there was 2 tons of raw sewage in his basement. Mr. Lebold stated that he thought Mark King had spoken to Mr. Morris several times. Mr. Morris said that he was never contacted by one person from the Borough, and would like to see phone records if someone did. Mr. Morris contacted Jack Borsch to get the Borough phone number, and Mr. Borsch was the only person in contact with Mr. Morris, after Mr. Morris made the initial contact.
Mr. Lebold stated that Mr. Borsch is the Sewer Committee Chairman.
Mr. Morris asked if a small Borough would take into consideration a Borough member that has an unfortunate occurrence, not caused by the homeowner, but was caused by the Borough’s main backing up at a certain location. If it were a Council Member’s home, he/she would want it paid for. Mr. & Mrs. Morris are in their mid-30s and have two children, and don’t make salaries to come up with the money to replace the things they lost. Mr. Morris questioned where they would come up with $10,000 to replace the items ruined in their basement. Mr. Morris stated that the week before the incident, he got approval to put on a deck, and then the backup happened, and not one person from the community wanted to get in contact with him to find out if they were all right, other than his grateful neighbors, the Myers and Fairmans. Mr. Morris stated that he waited 11 days for someone in the community to contact him. He was out of his home for 45 days. As soon as he got back in the house, every family member came down with an intestinal virus; the environmental hygienist was called and told the Morris family that they couldn’t go into the basement. The hygienist suggested certain things that could be done, but the Morrises don’t have the money for it. Mr. Morris asked what the Borough was willing to do- is he supposed to put this down on the Borough table and ask if they will pay for his losses. Mr. Morris stated that he had plenty of cases where cities, townships, and boroughs approached homeowners to see what they could do to help the homeowner remediate some of the costs. Not one time has anyone suggested that the Borough of Rutledge is willing to help Mr. Morris with his losses. Mr. Morris stated that there is not one case that a homeowner has lost when it’s gone to a jury when it was the Borough’s main. The Borough has an outdated sewer system that requires general maintenance probably more than every two years. All you have to do is look at the meeting minutes and it comes up time and time again. There are sections of the Borough main that at one point, Catania Engineers said can’t be fixed. There is plenty of information stating that the sewer system and the Borough main aren’t perfect and they require maintenance, and unfortunately in the area that requires maintenance the most, it backed up and went into his basement. Mr. Morris stated that he is disappointed that not one person came over and asked if they could help. Mayor Scott Shields stated that once the insurance company got involved, you can’t get any official action from Council. If Council were to come to you with a checkbook, Council would have been spending everybody’s money. Mr. Morris stated that he didn’t ask for money at first- he waited 11 days for someone on Council to say they would do everything they could for them.
Jack Borsch stated that he was at the Morris house the day it happened. Mr. Morris said that Mr. Borsch told him it couldn’t be the Borough’s fault. Mr. Borsch stated that General Sewer flushed it out and opened up the blockage that day. Mr. Morris stated that when he got there the level of the soil rose. The man from General Sewer said he would find out whose fault it was. He flushed the main and cleared it. Mr. Morris said that Mr. Borsch kept pointing to a pipe in his basement; he’s had numerous plumbing issues done to his home. If anyone has been in his home, it was Harry Mirra. The entire house is new from top to bottom other than a couple of walls. He hasn’t touched the plumbing and hasn’t touched any of the walls in his home. Mr. Borden was amazing at what he could accomplish in that home. Mr. Morris made some changes- code was there to make inspections in the home. If they thought there was a problem, why didn’t they detect it then. If he has an upgrade in his home, it has to be signed off on by an inspector. Mr. Morris hasn’t sued anyone yet.
Mayor Shields stated that Council has to answer to the insurance company. Mr. Morris stated that Council has to answer the homeowner because Council is elected by them. Mayor Shields stated that no one on Council can go to him and say that we can help and this is how we can help. Mr. Morris said he was referring to 11 days prior to that. Mayor Shields stated that he didn’t know about the situation for three weeks. Mr. Morris stated that he was in the office on Monday and Tuesday and told the secretary.
Greg Lebold asked what Mr. Morris would like to accomplish tonight.
Mr. Morris wants the record changed to reflect the honest account of his working with Terry Murphy and the company he worked for. He came through the Morris house. It was not reflected in the minutes that the Morrises had done everything they could as homeowners. The point is common decency to come see your neighbor.
Mr. Lebold stated that Council could not make any promises to Mr. Morris. Mr. Morris didn’t ask for any promises. Mr. Morris and Mr. Lebold went back and forth about the duties of neighbors. Mr. Lebold stated that the Borough’s insurance carrier contacted Mr. Morris.
Mayor Shields stated that an individual Council member cannot go to him and say that it is a Borough problem and the Borough will take care of it. Council cannot saddle all of the other taxpayers with a big bill to repair Mr. Morris’s problem. Mayor Shields stated that the community is old, and Council aggressively spends a lot of time fixing and cleaning the sewers using taxpayers’ money. Everyone is in the same position as far as sewer issues. Mr. Shields found out about the problem when he saw the letter from Integrated Risk Management.
Mr. Borsch stated that he was at the Morris home for half a day on July 6 while the line was cleared. The next day he brought the fire truck and equipment to set up fans to help get the fumes out; that took the whole day. Mr. Borsch went back the next day to remove the fans. Mr. Morris asked Mr. Borsch to explain what he saw in the basement. Mr. Borsch stated the basement was full of sewage. Mayor Shields again stated that he wasn’t informed about the sewer problem; his cell phone number is available to anyone who wants to call him with a problem. Mr. Morris stated that he couldn’t believe that the Secretary didn’t call the Mayor and tell him that there was a major sewer backup. Mr. Borsch stated that Mr. Morris says that no one from Council called him, but Mr. Borsch was at the home for hours each day. Mr. Borsch instructed the Morrises to contact their insurance company.
Mr. Lebold stated that Council understands Mr. Morris’s frustration, and the situation was handled the same way it would’ve been done for anyone else, and if he had any other questions, to put them in writing. Will Stanton stated that he put a question in writing and never got an answer. Mr .Lebold asked Mr. Stanton to refrain from his disruptive behavior, or Chief Craig would remove him.
Danielle Morris, 215 Linden Ave., stated that she doesn’t want the community misled as to why they hired an attorney. They were not out for money, they just wanted help. The secretary said the Mayor was in California. Kurt Morrison stated that by the time he knew about it, the family was out of the house. The lights were out in the house when he walked by it nightly.
Diane McGaughey stated that when a person is on Council, each member has a specific job, and whoever is in charge of that specific domain is responsible for it, and the other Council Members are told to stay out of it so that there is no conflict or misinterpretations. The Chair of each committee is the contact person. Mrs. McGaughey stated that Council understands the Morrises position. Council tries hard to say that residents should not have toilets in their basement- this area is very watery. At the point that the insurance company steps in, Council must step out.
Jodine Maybery, 415 Unity Terrace, congratulated Council on the 2008-2009 trash contract. Ms. Mayberry asked if the Borough would explore doing more recycling, and perhaps joining another Borough in this endeavor. Mr. Lebold stated that Council has looked at plastic recycling in the past, and the cost has been exclusionary. Kurt Morrison stated that when plastic recycling was looked into previously, no companies wanted to do it because the Borough is so small. Jack Borsch stated that the Fire Co. recycles aluminum can, and there are igloos for glass. Guy Smith stated that Swarthmore’s highway department handles its recycling, and is not part of the trash bids.
Cathy Myers, 210 President Ave., stated that she is glad the work at the park is finished. The Devinney property continues to have problems, and rats were seen there. Mr. Lebold stated that Mr. Mirra has to investigate and report back to Council. Guy Smith stated that he is working on it, and has been slowed down because Mr. Devinney is deceased, and they have to go through the estate process.
Ms. Myers stated that on Saturday, there were kids riding around soliciting aluminum siding business in the Borough. She told them soliciting was not allowed in the Borough, she would call the Police if they went to another home. She called the Police, who came, and discovered that the driver had a suspended license, and the officer let him drive away. She wasn’t happy with the way the officer handled the situation.
Ms. Myers stated that, as a neighbor of the Morrises, she didn’t expect members of Council to accept responsibility for the sewage in the basement. She did expect them to ask the Morrises if they could do something to help them, say they were sorry for what happened, and ask if they could get the kids a happy meal; this is what she expects from this town.
Arthur Weisfeld, Director of Senior Community Services, stated that SCS celebrated its 30th Anniversary, and thanked Rutledge Borough for its continued support. Rutledge Borough was the first Borough to provide support. Mr. Weisfeld is involved with Rutledge softball, and requested that portable toilets be places at the Triangle Park during softball season. Kurt Morrison stated that he would look into it.
Bob Hunt, 209 Linden Ave., represents the Rutledge Girls’ Club, and thinks the portable toilets would be a good idea. Mr. Hunt is concerned that someone’s foot may get stuck in the grating installed at the park. Mr. Lebold stated that something will be done with landscaping to cover the grate. Kurt Morrison stated that he is considering a perforated rubber mat that will help keep debris out of the outlet and protect it. Mr. Hunt suggested a batting cage to warm up, or a home run fence. Diane McGaughey stated that the recreation budget has been increased, and the work at the park is not finished. Mr. Hunt stated that he would like something to protect the kids before the April season starts. Mr. Morrison stated that he would look into seasonal, temporary fencing.
Tax Collector’s Report: Leonard Michael reported that $16.50 was collected in October 2007.
Treasurer’s Report – Cash Flow report for the month of October, 2007 was reviewed.
Code Enforcement/Building Inspector Reports – Harry Mirra read his report for the month of October, 2007:
2 Correction Notices Issued – Weeds/Overhanging Tree Limbs
Both were corrected.
8 Active Building Permits
Mayor’s Report – Scott Shields read the police report for October, 2007. 2 motor vehicle citations, 5 parking tickets, 15 police calls, 4 complaints, and 5 assist to ambulance.
There was one vandalism on Morton Ave., Minor theft on Halloween. There were no incidents on mischief night.
Mayor Shields instructed residents to call him on his cell phone with any issues they might have.
Mayor Shields asked residents to get a car description and license plate number of any cars that go through stop signs in the Borough, and he’ll go after them.
Brian Craig asked residents to contact the station with concerns about any procedure. Chief Craig was called at home on the weekend about the incident Ms. Myers brought up. The Officer wasn’t confident enough in the violation of the ordinance to issue a citation, and the Police need to clarify the ordinance with Council. Guy Smith stated that the solicitation of private homes is a very complicated problem, and people will take you to court. Municipalities cannot speak on a blanket ordinance for all of its residents, but it can set standards for residents to meet in order for residents to have the right to stop solicitations at their homes. Swarthmore has addressed this with a new ordinance. Homeowners have taken affirmative action on their properties.
Committee Reports:
Ordinance/ Trash – Nothing to report
Building – Application for subdivision at 232 Sylvan Ave. Suspended the matter to discuss later.
Sewer– Jack Borsch stated that sewer work will be required at 3 or 4 locations in the Borough, to go out for bids in December or January.
Recreation – Kurt Morrison reported that a second grant has been received for Phase 2 of the Triangle Park Stormwater Project for a rain garden. Catania Engineering is working on a design for it. Phase 1 is completed.
Public Safety – Tom Kopp read the Rutledge Fire Company’s October 2007 Report. There were: 4 fire calls with time in service of 1 hour and 24 minutes, and 5 drills with time in service of 12 hours and 10 minutes. There were no local alarms.
Fire prevention month is over, but fire prevention needs to be practiced all year long. Have a home fire escape plan and practice it at least twice a year. Mr. Kopp thanked the Borough for flying the flag at Half-mast for Firefighter Mike Reagan of Sharon Hill.
Finance – Diane McGaughey reported that 2008 budget information has been distributed to Council, and would like the meeting suspended to discuss the budget changes at the Work Session on November 26. Mrs. McGaughey and the Borough Manager met with the new trash company to discuss the contract. There will be a .15 reduction in trash fees.
MOTION by Diane McGaughey, Second by Jack Borsch, to advertise the 2008 Budget. MOTION approved unanimously.
Highway – Thomas Ash reported that it is leaf time, and the Borough has no leaf pickup. Residents are to bag the leaves and place them curbside for trash pickup. Landscapers are not to blow the leaves in the streets or sewers.
Solicitor – Guy Smith distributed a draft of the intergovernmental cooperation agreement to Council that is a part of the implementation of the Multi-Municipal Comprehensive Plan. The agreement needs to be approved by all municipal members, and we are waiting for input from Nether Providence. Nether Providence won’t address it until after the election. Council Members are to contact Mr. Smith or Mr. Lebold with any changes or concerns. Without the agreement, Rutledge won’t be in line to apply for grants, and the agreement will help the zoning code.
Mr. Smith asked for a 2-minute executive session to discuss the Verizon Franchise Agreement. It has been worked on for several months, and they insist that it’s a proprietary agreement and cannot be disclosed under the PA Right To Know Act until we reach the state where we’ll go public with it. W e need an executive session to discuss it
Old Business :
Trash Contract – Greg Lebold reported that the lowest bid received was from Suburban Waste Services, at a cost of $40,900 for 2008, and $41,000 for 2009.
MOTION by Jack Borsch, Second by Diane McGaughey, to accept the low bid of Suburban Waste Services, Inc. for trash removal for 2008 and 2009, at a cost of $40,900 and $41,000, respectively. MOTION approved unanimously.
Diane McGaughey stated that she and the Borough Manager met with the manager of Suburban Waste to review the terms of the contract. There will twice weekly collection from May to September, once weekly from October to April. Newspapers will be collected every two weeks. They will collect between the hours of 7:00 AM & 5:00 PM. Maximum for cans is 50 lbs. No building materials will be collected. Wood in 4 ft segments must be bundled. Items containing freon will be removed for a $25 charge, and Suburban must be notified in advance.
New Business: None
Public Comment: Len Michael, 209 E. Sylvan Ave. stated that the Halloween Parade was cancelled due to rain. Information will be mailed out about the tree lighting and luminaries. Thanks to Jack Borsch for the use of his greenhouse to fill the luminaries. Volunteers are needed to help fill the bags.
Bills for November 5, 2007:
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 $18,696.13. MOTION 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 $987.76. MOTION approved unanimously.
MOTION by Diane McGaughey, Second by Jack Borsch, to approve payment of the bills for the month from the Grant Fund in the amount of $1,143.00. MOTION approved unanimously.
Since there was no further business, the meeting was suspended at 8:54 PM, until November 26, 2007, a meeting of Council as a Whole Committee Meeting.
Submitted by:
Martha Preston
Recording Secretary