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, Diane McGaughey and Kurt Morrison.
Not present: Mark King, Jack Borsch
Also present: Mayor Scott Shields, G. Guy Smith, Esq., Police Chief Brian Craig
MOTION by Kurt Morrison, Second by Thomas Ash, to approve the minutes as submitted for the Council Meeting of August 6, 2007, and Work Session of August 27, 2007. MOTION approved unanimously.
Public Comment: Council President Greg Lebold reported that he had spoken with Representative Brian Lentz three times today regarding the cell tower, and explained the situation. Mr. Lentz now understands and agrees that there is nothing further legally that Borough Council can do to prevent the erection of the cell tower. If a group of residents is formed, they may pursue action on their own, but Council can’t give approval. Council can give the group encouragement. It’s a legal issue.
Dale Beckett, 15 Linden Ave., stated that T-Mobile sought and received an appeal on the Zoning Hearing Board’s denial on the cell tower on ordinance 27.614, setbacks for cell towers. There is also 27.615, that says no more than a 4†closed fence is allowed, and T-Mobile’s proposed fence is 8’. Mr. Beckett inquired as to whether T-Mobile applied for an exemption from 27.615. Mr. Lebold responded that he believed they did, but he’d have to check the documents. A woman in the audience interjected and stated that she checked the documents, and T-Mobile did not .
Mr. Lebold stated that he was not going to debate the cell tower issue; he would answer questions or refer the question to someone who can answer. Mr. Lebold stated that he understands and empathizes with everyone’s annoyance on the cell tower issue.
Mr. Beckett asked where he could get his specific question about Ordinance 27.615 answered. Mr. Lebold stated that he couldn’t answer the questions right then but would get an answer to Mr. Beckett. Mr. Beckett stated that this is the Council that should answer, and wanted to make sure the Borough Engineer finds out the solid answer before he grants the permit to build. Mr. Lebold stated that the Borough Engineer has already reviewed the plans, and Council relied on his review of the information and his approval or denial.
Mr. Beckett stated that the Engineer, who has a copy of the Borough ordinances, and he, who has no experience in this matter whatsoever can read the ordinances. Mr. Lebold stated that he will not debate the residents, and will get the answer to Mr. Beckett’s questions.
Suzanne Stewart, 42 Linden Ave., stated that everyone understands that Council feels under attack, and doesn’t want the cell tower either. It’s not an issue of Council doing anything at this point, its hands are tied. There is a Building Committee meeting next Monday, that residents want to attend. Ms. Stewart wanted to know if the plans could be put out so that the residents can look at them. Mr. Lebold stated that anyone can look at the plans during Borough Office hours. Ms. Stewart wanted to look at them tonight, since everyone is here.
Ms. Stewart stated that residents have met with Brian Lentz and his chief of staff, and they talked about different tactics dealing with the cell towers, and one is to refuse on certain ordinances and just keep making them come back and take more time. There are other tactics that can be used. Mr. Lebold spoke with Brian Lentz three times and he now understands what the situation is . We have done all that we can legally do to prevent the erection of a cell tower.
Ms. Stewart stated that she printed out the information on the health effects of cell towers and the state of Vermont is going to make it a national issue. The health effects are serious. There’s another tower that went up 4 blocks from Rutledge, and one in Ridley Twp. We are bombarded in this area, and it will hurt children, pregnant women and older people. Cell towers are called the largest land grab since the railroads and the whole country is up in arms over the issue that we’re not able to object health wise or our own zoning codes. A $44 billion corporation is doing it with the help of the Federal Government. We as a community are just a part of the outrage that is happening across the country. Legally, our hands are bound, but we can do other things to prevent it. As a group, we are meeting with Brian Lentz and his staff to discuss other avenues so we’re not going to talk about straight legalities because the corporations have bound that up. A law was passed in 1996 that is as thick as a phone book, and hidden in it is clause 107 that doesn’t allow communities to do anything and no one realized the impact this was going to have. Ms. Stewart would like to have a reaction from Council here that is not so defensive, but to say OK, let’s talk about it, because we have to talk about it.. The cell tower emits non-thermal radiation and human bodies are particularly affected by this kind of thing. The only scientific data up to this point is on thermal radiation. Non-thermal effects are not known yet and other countries have done a lot to study this and take care of it. In New Zealand, cell towers and phones are 10,000 times safer radiations than we have here. This country can do something and it’s waiting for public outrage. We need to join a larger group if possible and we need to do something and we are going to be bombarded, not just by our tower, but the tower that just went up. The radius of radiation from a cell tower is 2 ½ miles, so anyone who thinks he is safe in Rutledge is not. You have to cut it down and contain it, and if we don’t speak up, we have to speak up, and we have to feel the Board is not being defensive about it. We understand that as a Board, you did what you were able to do, but we need to feel that you’re not cutting us off.
Mr. Lebold stated that if that was the impression residents had, then he apologized. Council is in no way saying that it doesn’t support the residents’ position. All of Council is frustrated with the fact that a Borough that is 99% residential has to live with the effects of this decision by the courts.
Suzanne Stewart stated that a group will meet with Brian Lentz on Tuesday at 3:00 PM in his office. Mr. Lebold stated that Rutledge can provide a meeting area. Ms. Stewart stated that they were concerned that Mr. Lentz would not be allowed on Rutledge turf. Mr. Lebold responded that Council has nothing against Brian Lentz, and spoke with him three times today. Mr. Lentz was supposed to hold a meeting here on July 12, and then cancelled.
Ms. Stewart stated that Springfield Twp. has refused towers. Even if we need cell towers, they must be made safe. If New Zealand can do it, why can’t we ? We need to push the government to do it to make things safer for our children.
Linda Garrity, 109 Rutledge Ave., wanted to reiterate on a point made by Suzanne Stewart. She stated that she’s been to several different meetings here and has often felt like Council is offended that people are here, and asking questions. She stated that she didn’t know if Council meant to come off that way, but she finds it offensive because she feels that she is a taxpaying resident, and Council shouldn’t get upset that there is an unusual amount of residents at meetings. It comes off as a private club, and that the residents are not supposed to be here. Mr. Lebold responded that he wished the larger room was available to accommodate the residents at meetings, so there would be the ability to comfortably attend a Council Meeting. A crowd was anticipated at the August Meeting, so it was held in the larger room.
Mr. Lebold stated that he has given out his cell phone number, and his home number to any resident who has asked for it. If he can’t get information at the meeting, he will get the information after the meeting.
Ms. Garrity stated that a lot of residents feel that Council didn’t do enough to stop the cell tower, and that someone got paid off. It would be nice to have more communication with Council.
Greg Lebold stated that he was verbally attacked regarding the rat infestation issue by a person who was not a resident of the Borough. Council does all that it can and it becomes very frustrating, and he apologized if that’s the way Council appeared. Council encourages residents to attend the Council Meetings.
Sarah Hill, 12 Rutledge Ave., stated that it would be nice if Council would be accommodating to the residents and move the meeting next door. It’s not a big deal, everyone could carry the chairs. Ms. Hill told Tom Kopp that he could shake his head and do what he wanted. Mr. Kopp explained that it is 7:55 PM, and it takes the cameraman the afternoon to set up the camera equipment. Ms. Hill stated that that is what she’s talking about, in terms of being accommodating and putting a line between Council and the public as you’re doing it with your little blue table and this tiny room and your name tags and everything, and he could snigger all he wanted.
Ed Tambon, 17 Linden Ave., asked if, during the appeals, anyone represented Rutledge. Mr. Lebold responded that the Zoning Hearing Board Solicitor attended the proceedings. Mr. Tambon inquired whether there were any minutes from the hearing that the public could read. Guy Smith responded that a transcript could be ordered from the Court Reporter’s Office for a fee.
Suzanne Stewart asked if it was possible, from this meeting on, to hold the meetings in the larger room, regardless of how many audience members there are. Mr. Lebold apologized for the accommodations, and stated that in the 15 years he’s been on Council, with the exception of the last 2 meetings, there have been no more than 3 people in attendance. As long as it doesn’t conflict with any rentals, and Comcast is notified in advance, the meetings can be held there. Comcast records the meetings at no cost to the Borough.
Ed Tambon asked if Council was notified about the appeal hearings. Mr. Lebold replied that he, personally, wasn’t notified, but the Zoning Hearing Board Solicitor was. Mr. Tambon inquired why the Solicitor didn’t notify anyone about it. Guy Smith stated that once the appeal was filed to the court of common please it becomes a legal matter. The attendees are the judge and attorneys for the parties, and the meetings are held in judge’s chambers. Mr. Tambon interrupted, and inquired if the room was bigger than the Borough office, to which Mr. Smith answered 1/3 to 1/5 the size. Mr. Smith continued, stating that the lawyers and judge set time tables for legal documents and briefs to be submitted, in case law, and precedents, and present oral arguments if necessary on the subject. No testimony was taken in this case. There were legal issues that were decided on motions and on writings that were filed by the attorneys on the case. Mr. Tambon interrupted and wanted to know why T-Mobile, who went to Swarthmore first, and Swarthmore appealed it, and Rutledge appealed it after that, why Rutledge got leapfrogged after that and all of a sudden T-Mobile comes after Rutledge. Mr. Lebold stated that he would not debate the cell tower issue.
Carol Petraitis, 10 Sylvan Ave., stated that 2 issues are being confused. The first is the whole legal process unfolding. She works at the ACLU and they end up suing Boroughs all the time and people end up owing millions of dollars because city government takes on silly law suits and the whole Borough ends up paying for it. There is no legal solution to this problem. We need a political solution, and it is up to Borough residents to talk to Brian Lentz and getting editorials in newspapers like The Inquirer, that a huge corporation is ganging up on our little Borough. Ms Petraitis is against the cell tower, and feels badly that it’s an adversarial thing- why isn’t Council doing more. It’s not Council’s fault that we have the law, but it is the law, and we have to follow it. If we keep challenging things in court, then we’ll just keep paying more and more. There is no legal solution; the Borough’s stuck where it is now, but the residents need to meet with The Inquirer’s editorial board to look at the situation. Mr. Beckett interrupted and stated that Swarthmore doesn’t have a cell tower because they delayed. Mr. Tambon interjected that Swarthmore has better lawyers.
Sarah Hill stated that Council wants to roll over and play dead and is leaving it all on the community. Council doesn’t seem to know the facts, and why doesn’t it know what went on in those chambers so it can tell the residents, and why isn’t Council inviting the public to those meetings. As far as being attacked, that goes along with the territory; you signed up for this, so don’t complain. Why is Council not trying to create an atmosphere of working together and community ?Why are you saying it’s not your problem, you guys deal with it, and why don’t you have the answers as to what happened in that courtroom.
Greg Lebold stated that Council has done everything allowed, and it may not be satisfactory to the residents, and wishes that Council could do more.
Suzanne Stewart stated that a paper was being passed around for people who are interested in meeting to sign.
Ed Tambon stated that the Zoning Hearing Board lawyer should be fired.
Tax Collector’s Report: Leonard Michael reported that $893.02 was collected in August 2007.
Treasurer’s Report – Gennifer Guiliano distributed the Cash Flow report for the month of August, 2007.
Code Enforcement/Building Inspector Reports – Harry Mirra read his report for the month of August, 2007:
1 House Inspection
5 Citations issued – 4 abandoned cars, 1 weeds and overgrowth
10 Letters sent to residents regarding firewood stored on property
12 Active building permits
Diane McGaughey thanked Mr. Mirra for sending letters and following up.
Mayor’s Report – Scott Shields read the police report for August, 2007. There were two police calls- one for threatening phone calls, and one disturbance at the apartment house at Linden & Morton Aves.
3 motor vehicle citations, 12 parking tickets, 15 calls, 7 complaints, and 2 assist to ambulance
Mayor Shields reminded residents that school is in session and to be mindful of children.
Mayor Shields also commented on openness in government – it’s great that residents show up, and sad that they don’t attend other meetings. It’s sad that a negative thing such as the cell tower brings people together.
There are other things going on at the Council meetings that are of concern to the residents.
Political action regarding the cell tower starts at the Federal level, since the federal government preempts State government. Joe Sestack is the one to call if you want you want to effectuate change.
Residents have received flyers about an important meeting about the consolidation of the Fire Co. Residents need to participate at the meeting on September 26, 2007 at the Borough Hall. The Fire Co. is not a Borough agency, but residents own some of the apparatus in the firehouse. Residents have a stake and need to know what it’s going to cost and what the ultimate commitment will be.
Correspondence:
1) Delaware County Association of Boroughs is having its quarterly meeting on 9/12, 6:30 PM, at Eddystone Borough. There will be a fall dinner at the Heritage Ballroom on September 19 at 6:00 PM.
2) Delaware County Planning Department regarding the application from Michael Corcoran and Gary Hanser to subdivide the property at 232 Sylvan Ave., demolish the existing home, and build a new home. It is not approved and the owners need to apply for zoning variances.
3) PSAB- Fall Leadership Conference October 19-21 in State College, PA
4) Catania Engineering- the required annual backflow test can be done for $60 by one of its contractors.
5) Newsham Woodshop – the storage of wood 6†off of the ground will prevent rotting, but will not prevent rats from nesting under them.
Committee Reports:
Ordinance/ Trash – Nothing to report
Building – Nothing to report
Sewer– Nothing to report
Recreation – Kurt Morrison reported that there was a pre-construction meting with the contractor for the Triangle Park Project, which is to begin on 9/24, and completed in 3 weeks. Pre-notification letters were sent to residents in the area.
Public Safety – Tom Kopp read the Rutledge Fire Company’s August 2007 Report. There were: 4 fire calls with time in service of 6 hours and 22 minutes, and 4 drills with time in service of 9 hours and 5 minutes. There were no local alarms.
The Fire Co. is holding its Annual Horseshoe Tournament on Sept. 15 at the Triangle Park.
Food sales were down by $100 at the Yard Sale on Sept. 8- there was some competition.
There will be a town meeting regarding the consolidation of the Rutledge, Swarthmore, and Morton Fire Companies. Mr. Kopp urged residents to attend a meeting. The meeting dates are:
9/12 7:00 PM Morton Borough
9/18 7:00 PM Swarthmore Borough
9/26 7:00 PM Rutledge Borough
If anyone needs a ride or assistance in getting to the meeting, please contact the Fire Co. and someone will get you to the meeting and take you home.
Finance – Diane McGaughey stated that the 2008 budget is being prepared. Ms. McGaughey stated that 97 residents participated in the Community Yard Sale..
Highway – Thomas Ash reported that the stop signs need to be painted and would like to see white stripes painted across the intersections.
Solicitor – The Solicitor stated that he prepared bid documents for the trash removal contract for 2008. Bids will be due on Monday, October 15, 2007, and the contract will be awarded at the October 22, 2007 Meeting.
The 2nd part of the Multi-Municipal Comprehensive Plan is being worked on. The task force is trying to set up a meeting with representatives from each municipality to review the agreement.
Old Business : Greg Lebold reported that Mrs. Gober will not be able to continue as Health Officer, and the Borough is looking for a replacement. Interested Borough residents may submit resumes. Mr. Lebold will go over a list of requirements with the Solicitor.
Kurt Morrison reported that he forwarded Pennsylvania Economic Council’s contract for the Triangle Park Project to the Borough’s Solicitor for review. Diane McGaughey stated that she is concerned about expenditures for the project because the Borough has spent $7,000 of the $10,000 on engineering fees. Mr. Morrison stated that the draft agreement can be amended or agreed upon.
New Business: None
Public Comment:
Trina Coppick, 17 Sylvan Ave., President of 4th of July Committee stated concern for the safety of the children in the 4th of July parade. They were in danger of being hit by vehicles in the parade. Mrs. Coppick asked residents to make sure their children stay behind the parade vehicles. The Halloween Parade will be on Saturday, October 27, 2007 at 12:00 noon, and the Strath Haven Band will participate.
Paul Mecouch, 34 Linden Ave., asked if any street work is scheduled until the end of the year. Mr. Lebold stated that the Borough received an engineer’s estimate to repair the intersections, and the Borough only has funds to repair one intersection. Mr. me couch stated that the trash collectors are doing a good job- they take almost anything that is put at the curb. Mr. Morrison asked residents to be considerate of the trash collectors and bundle any yard debris.
Bills for September 10, 2007:
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 32,924.96. 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 $1,125.51. MOTION approved unanimously.
MOTION by Thomas Ash, Second by Diane McGaughey, to approve payment of the bills for the month from the Sewer Fund in the amount of $1,439.00. MOTION approved unanimously.
MOTION by Thomas Ash, Second by Diane McGaughey, to approve payment of the bills for the month from the Grant Fund in the amount of $7,820.22. MOTION approved unanimously.
Since there was no further business, the meeting was adjourned at 8:38 PM.
Submitted by:
Gennifer Guiliano
Borough Secretary