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, Diane McGaughey, Thomas Ash, Jack Borsch and Kurt Morrison.
Also present: Mayor Scott Shields, Police Chief Brian Craig, G. Guy Smith, Esq., Ed McGaughey, Manager
Not Present: Mark King
Minutes: MOTION by Jack Borsch, Second by Diane McGaughey, to approve the minutes as submitted for the Council Meeting of September 8, 2008 and Work Session of September 22, 2008. MOTION approved unanimously.
Public Comment: Paul Mecouch, 34 Linden Ave., Rutledge’s representative to Central Delaware County Sewer Authority and its Treasurer, urged Council to sign the Amendment to the Supplemental Service Agreement. The document has been signed by ten other municipalities, and Rutledge is one of 3 that hasn’t signed. Rutledge will get $13,000 in buy-in costs. Solicitor Guy Smith stated that he had some questions about the agreement that were sent to CDCA’s Solicitor in May, and has not heard back. He stated that Council could approve the agreement if it wished. The Amendment proposed changes in language that do not substantively alter the Supplemental Service Agreement.
Tax Collector’s Report: Tax Collector was not present.
Treasurer’s Report – Gennifer Guiliano distributed the Cash Flow report for the month of September 2008.
Code Enforcement/Building Inspector Reports – Harry Mirra read his report for the month of September 2008:
2 Correction Notices Issued:
Abandoned car- not corrected
Weeds, tree blocking sidewalk and “No Parking†sign – corrected
3 Non-Traffic Citations Issued August 2008- Court case set for 2 citations, other citation pending
1 Active Permit – pool demolition 424 Unity Terrace
Greg Lebold asked that the Myers be notified of the hearing date for 214 President Ave.
Mayor’s Report – Scott Shields read the police report for September, 2008.
There were: 20 Parking Tickets, 12 Police Calls, 9 Complaints, and 3 Assist Ambulance.
Attempted bike theft on Sept. 20 in the unit block of Sylvan Ave.
Magazine solicitation on Sept. 29 Linden Ave. & Waverly Terrace
Mayor Shields stated that information for the 2009 budget is under review.
Correspondence:
1) PA State Association of Boroughs – Fall Leadership Conference 10/17-19 in Gettysburg
2) Phila. International Airport – Capacity Enhancement Program – Draft Environmental Impact Statement
3) Phila. International Airport – Capacity Enhancement Program – Public Meeting to discuss the program- Oct. 10-23 at various locations
4) SEPTA – 5-year strategic business plan- Public meetings to discuss- various dates at the end of October to the beginning of November
5) Comcast – Raising rates- will notify customers
6) PA Dept. of Community & Economic Development- Request for nominees for the Governor’s Award for Excellence
7) Dept. of Labor & Industry – 3-year Elevator test due
Committee Reports:
Ordinance/ Trash – Nothing to report
Building – Nothing to report.
Sewer– Jack Borsch reported that the Borough had withheld $2,000 from the payment to Video Pipe Services because of work that was not completed for repairs to the Borough’s sewer mains. Video Pipe Services was here 2 times and pressure checked the seams, so they need to be paid.
Rutledge’s representative to Central Delaware County Authority is Paul Mecouch; his term expires December 31, 2008.
MOTION by Jack Borsch, Second by Diane McGaughey, to appoint Paul Mecouch as Rutledge’s representative to CDCA for a 5-year term. MOTION approved unanimously.
Mr. Borsch reported that he and some Rutledge residents attended Tree Tenders Training. Rutledge would like to set up a Tree Committee; the 1st meeting will be on Wed., October 15, at 7:00 PM at the Community Center. All interested residents are encouraged to attend.
Mr. Borsch reported that RCN has gone digital, and was in the Borough last week replacing lines.
Highway – Greg Lebold stated that white lines were painted at the stop signs at the intersection of Sylvan Ave. & Unity Terrace. This is a test area to see if drivers will stop because of the white lines, rather than going through the stop signs.
Recreation – Nothing to report
Public Safety – Tom Kopp reported that there were 15 alarms, with time in service 7 hours, 54 minutes and 4 drills with time in service 9 hours, 30 minutes in September. There were no local alarms.
Mr. Kopp reported that this week is Fire Prevention Week, and packets will be delivered to residents. Mr. Kopp reminded residents to change the batteries in their smoke detectors. Fire never takes a break. Always practice fire safety in your home, office, school or wherever you may bee. For help installing a smoke detector, call the fire station at 610-543-7920.
Mr. Kopp reported that the Fire Co. made a profit of $373.20 in food sales at the Community Yard Sale. The Horseshoe Tournament was moved to Sunday because of the weather, and $2,032 was raised. $9,200 has been collected for the fund drive; there will be a 2nd mailing.
Finance – Diane McGaughey reported that she has received 2009 expenses from the July 4th Committee, and she needs input from Council for the 2009 Budget. Greg Lebold stated that the PA Uniform Construction Code rates are increasing, and the Borough needs to adjust the fee rate schedule. Guy Smith added that the Borough has to do a new fee schedule on an annual basis; we have no option.
Ms. McGaughey reported that she attended a PA Borough Association Meeting; the topic was the amended Open Records law, and provided a sample ordinance. Solicitor Smith suggested that the Borough look at it when the 3rd stage is completed.
Solicitor’s Report: Solicitor Guy Smith reported that CDCA had sent a letter in April, 2008 to consider an Amendment to the Supplemental Service Agreement that Rutledge had signed that allowed three municipalities to join CDCA. Mr. Smith wrote to CDCA’s Solicitor asking why an amendment was needed, because the accompanying letter stated that the amendment didn’t change anything substantively. Mr. Smith never received a response. Rutledge will not gain or lose anything by signing the agreement. Nether Providence Twp. will not sign the necessary joinder agreement to be submitted to the State to allow the 3 new members until all members have signed the Amendment. MOTION by Greg Lebold, Second by Diane McGaughey, to approve the Amendment to the Supplemental Service Agreement with CDCA. MOTION approved unanimously.
Mr. Smith received a letter regarding a duplex that was converted back to a single home in 1998. The residents stated that they notified the Borough Secretary in 1998, but they have been paying taxes and fees on 2 units since that time, and are asking for a refund of taxes and fees paid from 1998 to 2008. Len Michael, Tax Collector, refunded the 2008 taxes paid. Mr. Smith researched the matter, and assessment or fees, and not taxes may be refunded 2 years from payment. The residents, the Fairmans, are entitled to a refund of trash and sewer fees for 2007 and possibly 2006, but the Borough cannot go back any farther.
Mr. Smith also reported that a resident at 230 Linden Ave. installed a fence that does not comply with the Borough’s fence ordinance. The resident, Scott LeFante, stated that he was advised by the Zoning Hearing Board Chairman that a permit was not required. Mr. Smith advised that Mr. LeFante could apply for a fence permit, and Council can approve the exception to the ordinance, with conditions attached. Mr. Smith also advised that the Zoning Hearing Board be advised that these matters are matters to be brought before Council. If they are asked for advice from residents, they should refer the residents to the Borough Office. Council is a body of seven members, not one member, so one Council Member cannot act without the other 6 members’ votes.
The Comcast cable TV contract is expiring, and there are three issues that need to be addressed before a new one can be approved.
Mr. Smith reported that the property at 214 President Ave. never got an approved 2008 rental license because of the condition of the property. There is a hearing on October 16, 2008 regarding property maintenance issues. Mr. Smith will make a recommendation to Council after the hearing. The hearing is in the basement of the Crum Lynn Firehouse at 9:45 AM.
Old Business : Kurt Morrison reported that bids were opened for the Triangle Park Rain Garden Project, and they came in high. The low bid by JMC Contractors was for $36,000. Alex Rodriguez at Catania Engineers has some ideas on how to cut costs.
New Business:
MOTION by Greg Lebold, Second by Diane McGaughey, to authorize the Borough Solicitor to notify the Fairmans, 217 Linden Ave., regarding there request for a refund for taxes and fees paid from 1998 to 2008. MOTION approved unanimously.
Greg Lebold stated that he had spoken with Scott LeFante, 230 Linden Ave., regarding the fence that he had erected without a permit. The property borders the paper street/Right of Way, and there have been kids hanging out and using foul language. The fence is up, and even though it doesn’t comply with the current ordinance, Council would have an uphill battle trying to have the fence removed. The resident said that he was advised many times by the Zoning Hearing Board Chairman that a permit was not needed. Council could have the resident apply for a permit with conditions, and any other piece of fence that is erected will have to comply with the Borough’s fence ordinance.
MOTION by Kurt Morrison, Second by Jack Borsch, to authorize the Solicitor to send a letter to Scott LeFante, 230 Linden Ave., to require Mr. LeFante to apply for a fence permit with conditions. MOTION approved unanimously.
Mr. Lebold stated that Building Committee Meetings are held on the 3rd Monday of the month at 7:30 in the Borough Office.
The Delaware County Association of Boroughs is having its quarterly meeting on Tuesday, November 18, 2008 at 7:00 PM at the Darby Borough Building.
Diane McGaughey stated that she and the Code Enforcement Officer will be attending a seminar regarding apartment inspections. Ms. McGaughey reported that the Rutledge Fire Co. is entitled to a $100 tax credit.
Public Comment: Paul Mecouch, 34 Linden Ave., asked Council Members to speak louder.
Carolyn Crawford, 4 Rutledge Ave., stated that she has lived in the Borough for 50 years. Mrs. Crawford would like Council to consider adopting an ordinance that requires residents to keep their cats on leashes when outside. Cats have been coming onto her porch and urinating and climbing on her screens, and digging in her flowers. Mrs. Crawford also stated that for 42 years, there have not been many mosquitoes in Rutledge, but there has been an increase this year, and inquired whether the Borough would consider spraying. Greg Lebold stated that Council would look into it. Mrs. Crawford also stated that she’d like to plant trees in front of her property, but the space between the curb and sidewalk is too narrow, and asked for suggestions. Jack Borsch stated that Rutledge is in forming a tree committee, and will look at her property.
Bills for October 6, 2008:
MOTION by Thomas Ash, Second by Diane McGaughey, to approve payment of the bills for the month from the General Fund in the amount of $11,376.39. MOTION approved unanimously.
MOTION by Thomas Ash, Second by Diane McGaughey, to approve payment of the bills for the month from the Gas Fund in the amount of $947.14. MOTION approved unanimously.
MOTION by Thomas Ash, Second by Jack , to approve payment of the bills for the month from the Sewer Fund in the amount of $2,809.68. MOTION approved unanimously.
Since there was no further business, the meeting was adjourned at 8:25 PM
Submitted by:
Gennifer Guiliano
Borough Secretary