Diane McGaughey, Council Vice 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:, Tom Kopp, Jack Borsch, Kurt Morrison, and Diane McGaughey
Also present: G. Guy Smith, Esq., Police Chief Brian Craig, Mayor Scott Shields
Not present: Mark King, Thomas Ash, Greg Lebold
Minutes : MOTION by Jack Borsch, Second by Kurt Morrison, to approve the minutes as submitted for the Council Meeting of August 8, and Work Session of August 24, 2009. MOTION approved unanimously.
Public Comment: Mary O’Neill, 118 Rutledge Ave., stated that her neighbor, Dan O’Neill at 120 Rutledge Ave. has an unsightly garage that she has taken pictures of. Harry Mirra has been there. Mr. Dan O’Neill has a Sunoco truck that he goes up and down the driveway and on her pavement and has cracked it. Mrs. Mary O’Neill called community dispute, and a letter was sent to Dan O’Neill, but he will not respond. He runs his truck for a while at 5:30 AM in the driveway and the gas fumes go into her house. He is still harassing her and using foul language. She has called the police about it. When he bought the house 5 years ago, he should have had to have it fixed then. Mrs. O’Neill stated the Mr. Mirra had an agreement in 2001 with a consulting outfit, and the neighbors said then that they would fix the garage. The whole garage is siding, except for her side, and a 2 ½ foot square part is down and looks bad. Solicitor Smith stated that the law permits the Borough to deal with specific nuisances. Private property disputes can be unhappy but difficult for the Borough to enforce. The Borough will look into it. Mr. Ben O’Neill stated that the garage is termite infested and has code violations. Mrs. O’Neill reported that Dan O’Neill almost hit her husband with his truck on the day of the yard sale. Mr. Smith will look into the harassment issue. Chief Brian Craig advised Mrs. O’Neill to call 911 when the truck is idling in the driveway for an extended period of time. The police need a paper trail, and a compilation of complaints can add up to a violation.
Rita Kramer, 106 Rutledge Ave. asked how complaints are addressed, and whether they are held for Council to review first and then to the Code Enforcement Officer. They go to the Code Enforcement Officer.
Mrs. Kramer recently made two complaints about piles of trash on her neighbor’s property, and then complaints were filed about her property. When the inspector showed up at her property, he went right to her garage, and when she asked him what he was doing, he was non-committal. Mrs. Kramer went to the Borough and looked up ordinances. Mrs. Kramer cut down some bamboo and berry bushes. She showed the inspector the trash piles on her neighbor’s property. The inspector pointed out some flower pots and saucers in her yard that had water in them. Mrs. Kramer’s daughter was present during one of the inspector’s visits, and asked him to sign a paper, which he didn’t. Mrs. Kramer stated that the inspector feels he has the right to go onto her property whenever he wants. She is uncomfortable going into her backyard for fear that he might be there. Mrs. Kramer feels that she is being harassed by the inspector. She is living next to a city dump, and her neighbor power washes at 8AM on Sunday mornings.
Tax Collector’s Report: Leonard Michael reported that $841.18 was collected in August. Solicitor Guy Smith reported that e received an email from a title company stating that the tax collector didn’t send tax certifications. The tax collector is an independent elected official who has the tax bills. Rutledge Borough Council has no control over the tax information. Mr. Michael reported that he is not holding any tax certifications.
Treasurer’s Report: Gennifer Guiliano distributed the Cash Flow report for the month of August 2009.
Code Enforcement Report: Harry Mirra read his report for August.
1 House Inspections – rental 217 Sylvan Ave.
1 Zoning permits for fence 210 President Ave.
4 Correction Notices were issued for: Debris, twigs, shrubbery in back yard
Shrubbery in side and back yard
Parking on front lawn
Grass over 6″ high
Mr. Mirra stated that this is a good time to clean yards and basements before the twice weekly trash collection ends on September 30.
Mr. Mirra inspected 208 Linden Ave. with the Health Officer and two police officers. The house in in horrible condition with trash everywhere. Photos were taken. Mr. Mirra could not get in touch with the homeowner. The door is still opened. Solicitor Smith suggested that the issue be discussed at Executive Session.
Mayor’s Report: Mayor Scott Shields read the Police Report for August. There were: 1 Accident, 5 M.V. Citations, 20 Parking Tickets, 21 Police Calls, 12 Complaints, 1 Assist Ambulance
8/8 DUI arrest
8/17 Unity & President Ave. -attempted bicycle theft
8/27 DUI arrest
8/28 Tree fell across Sylvan Ave. – Mayor Shields commended the Police Dept. for a good job
The Mayor, Greg Lebold, Diane and Ed McGaughey attended a ceremony at the Morton Fire House to celebrate the Fire Co. merger.
Correspondence:
1) Delaware County Association of Boroughs – September Shindig, Wed., September 23, 6-9PM.
2) DVRPC – Regional Municipal Resource Guide
3) Delaware County Treasurer- Having an organizational meeting to establish an Act 32 Tax Collection Committee
4) Warren Thomas Video Productions- Proposal to videotape Council Meetings – $3,863.00 for 2010
5) Health Officer Dr. David Teachey- report of inspection of 208 Linden Ave.
4th of July: Nothing to report
Communication: Nothing to report
Ordinance/Trash: Nothing to report
Building: Nothing to report
Sewer: Jack Borsch reported that he is to give a deposition for the sewer backup at 215 Linden Ave. Mr. Borsch attended a meeting at DELCORA on August 25 regarding residents’ lateral inspections. DELCORA received a $400,000 grant for educational information regarding lateral inspections. They are running tests in different places and will have literature on laterals. The Borough needs to keep water from sump pumps and downspouts out of the sanitary sewer system. A graph on flows shows that flows are 100 times greater during rain events, and the municipalities and DELCORA are being charged to treat rain water. Solicitor Smith stated that municipalities will face major costs in the next few years to control inflow and infiltration. Mr. Smith attended a meeting with the Multi-Municipal Comprehensive Plan members to discuss surface water in the sewers – all of the things that are going in must come out. The cost of sewer treatment will go up dramatically.
Mr. Borsch stated that the sewer vents in the back of properties have slotted tops, and rainwater gets in. Harry Mirra checks the vents and for illegal sump pumps when he inspects for use and occupancy permits when houses are sold. Mr. Mirra stated that the Borough needs an ordinance or letter to go out to residents requiring that the sewer vents be raised 6″ from the ground, and that the tops be rounded, not have slits. Mr. Borsch stated that some of the inflow and infiltration is coming from cracked sewer joints.
Shade Tree Commission: Jack Borsch reported that the first planting of trees – Okami cherry trees- will be on October 10 at 9AM. Trees will be planted on the unit block of Sylvan Ave., and two on the Borough property. Karl Eilensfeld will send out an email to request volunteers.
Highway: Nothing to report
Recreation: Kurt Morrison reported that the informational sign for the rain garden has been received, and will be erected after a fence has been installed. Mr. Morrison is getting four estimates for fencing around the rain gardens, and should have numbers at the Work Session in September.
Public Safety: Tom Kopp reported that there were: 17 alarms, with time in service of 11 hours, 51 minutes, and 5 drills with time in service of 12 hours, 15 minutes, in August 2009.
Manpower response – Full Compliment- 11, Undermanned – 4, Scratched – 2, Late Response – 0.
There was one local alarm in the 200 block of Sylvan Ave.- tree across the highway.
Rutledge Fire Co. History – The June 1967 company meeting reported the truck committee was working on preliminary plans for as chassis purchase for the new pumper. That is the only new truck the company has had in existence.
Mr. Kopp reported that CO2 calls are the leading cause of death. Detectors should be placed at the lowest level, not high like smoke detectors.
The yard sale netted $500 for the Fire Co.
The horseshoe tournament is on September 19, with a September 20 rain date.
Milt Grime worked on the new Fire Co. budget, and will attend the September Work Session to answer any questions.
The gear racks and one fire truck were moved to the Morton Fire Company on September 5.
Finance – Diane McGaughey reported that she is working on the 2010 budget, and needs information from Council Members, 4th of July, and the Tree Committee as to what their financial needs are for 2010.
Solicitor’s Report – Trash bids are to be received on September 28 and will be opened at the Work Session.
Old Business: Nothing to report
New Business: The Fire Co. will match the interest rate that the bank offers to refinance the mortgage on the Borough building.
Diane McGaughey reported that 75-80 properties participated in the Community Yard Sale. Ms. McGaughey thanked the police for patrolling the area.
Public Comment: Christine Gradel, 121 President Ave., asked when the budget meetings are held. Ms. McGaughey stated at the September and October Work Sessions.
Rita Kramer, 106 Rutledge Ave., asked about the times of the yard sale. The newspaper said 8AM to 1PM, and a handout delivered to her home said 8AM – ?. Things die down around 12 or 1, and a definite time should be given. Ms. McGaughey stated that residents can go as long as they want.
Harry Mirra reported that the AMVETS Post 118 in Morton is having its installation of officers on Saturday, September 19, and the Rutledge and Morton Fire Companies are invited to attend.
Bills for September 14, 2009:
MOTION by Jack Borsch, Second by Tom Kopp, to approve payment of the bills for the month from the General Fund in the amount of $34,779.82. MOTON approved unanimously.
MOTION by Jack Borsch, Second by Kurt Morrison, to approve payment of the bills for the month from the Gas Fund in the amount of $375.96. MOTION approved unanimously.
MOTION by Tom Kopp, Second by Diane McGaughey, to end the Borough Council Meeting and go into Executive Session at 8:25 PM MOTION approved unanimously.
Submitted by:
Gennifer Guiliano
Secretary