Rutledge Borough Work Session- August 25, 2014

David Waltz, Council President, opened the scheduled Work Session 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: David Waltz, Marlaina Kloepfer,  Daniel Werner, Marie Govannicci, James Jones

Also present: Mayor Kevin Cunningham, Robert Hunt, Jr., Esq., Jack Borsch

Not present: Tom Kopp,  Diane McGaughey

Building Permits – Daniel Werner reported that Anne Travis has continued her Zoning Hearing until September 17, 2014.

Public Safety – No report.

Recreation: Marie Govannicci reported that the trees, near the playground area, at the Triangle Park need to be trimmed. Ms. Govannicci called three landscapers, but only one responded- J. Jansen Landscaping. MOTION by Marie Govennicci, Second by Daniel Werner, to approve the expenditure of $1,675.00 to prune all trees inside the fence at the Triangle Park, playground area, get rid of dead growth over the picnic table area, and trim the tree at the Community  Center, work to be performed by J. Jansen Landscaping. MOTION approved unanimously.

Ms. Govannicci will ask the Tree Commission to maintain the area in the future.

Ms. Govannicci reported that Karl Eilinsfeld brought a bee/wasp that is swarming around the baseball infield. The creature lays eggs in the ground. The matter can be treated by the Borough. Mr. Eilinsfeld can go to Modern Exterminating on MacDade Blvd. to buy powder to put in the holes.

Tree Commission – No report.

Streets – David Waltz reported that the PAT, pothole assistance for taxpayers, reimbursement request for $438.45 has been approved by Delaware County Council.

The “No Parking” signs by the Triangle Park, Waverly Terrace, are faded and need to be replaced.

Harry Mirra is going to retire. Catania Engineering Associates has agreed to do the work at the same cost for the remainder of 2014.

MOTION by James Jones, Second by Daniel Werner, to hire Catania Engineering Associates to replace Harry Mirra as the Building Code Official, effective September 1, 2014. MOTION approved unanimously.

Sewer: Jim Jones thanked the resident at 32 President for her patience in waiting for the sewer repair to be completed on her property. Catania Engineering is waiting for videos from General Sewer Services from the sewer main on the 200 block of President Ave. There is s sinkhole at that location near the manhole. The Borough needs verification that the problem is a result of the Borough’s sewer main. In order to be prudent with the taxpayers’ funds, the two repairs would be done at the same time.

Mr. Jones inquired who was financially responsible if a resident’s tree roots cause a blockage in the Borough’s sewer main. The matter was referred to the Solicitor.

A request for temporary flow meters was sent to CDCA.

Communications –Marlaina Kloepfer reported that the Community Wide Yard Sale information is posted on the Borough’s website, and there will be a table with resources available to residents. The rain barrel sale has been moved to the spring.

CodeRed- going with COG and the upgraded package is not cheaper, so the Borough will probably renew the current contract.

Planning Commission – The Commission gave an official response regarding zoning of the former firehouse. Use & Occupancy information was sent to the Engineer.

Mayor’s Report – The Hometown Shoppe hair cuttery is having a first anniversary party. The Mayor will recognize the business. The shop has pictures of Rutledge on its walls.

There will be an electronic recycling and shredding event at Morton Borough Hall on October 11, 2014. More information to follow.

Solicitor’s Report – Solicitor Robert Hunt noted that Council went into Executive Session to discuss personnel matters at the August 4, 2014 Council meeting. Solicitor Hunt asked Council to read and review the Sunshine Laws. No decisions or discussions on opinions or how a Council Member will vote on an issue are to occur outside of an advertised pubic meeting.

Old Business– Firehouse zoning- The Planning Commission recommended that the zoning for the firehouse not be changed, and that the Solicitor report the potential liability to the Borough. The commission would like to have a public hearing for comments to see what the residents have to say about changing the uses of the building that are allowed

Solicitor Hunt stated that there is no liability to the Borough because the building is privately owned.

Dan Werner stated that it is wise for Council to take the recommendation of the Planning Commission and not change the current zoning of the firehouse. From what he has seen, one party has failed to own up to his/her responsibilities. Some Council Members have a conflict of interest because of their affiliations with the Fire Co. David Waltz stated that he is a member of the Fire Co. but is not a voting member and has not attended meetings for quite a while.

Mayor Cunningham stated that the resident who complained about the noise from the cheerleading is not willing to meet with the Fire Co. to discuss the problem.

Solicitor Hunt stated that there is a violation of the zoning ordinance and the resident is pushing for enforcement of that ordinance.

James Jones stated that the Fire Co. is vital to the community, and the community should allow the Fire Co. to rent the building to the cheerleading group. Mr. Jones is in favor of a change in the zoning of the building. The community should be asked for opinions on changing the zoning of the firehouse. One resident has a problem with the cheerleading.

Marlaina Kloepfer stated that right now, Council has to enforce the current zoning of the firehouse, and discuss what is practical for future uses.

David Waltz stated that the Police are investigating the last complaint and videos.

MOTION by Daniel Werner, Second by Marlaina Kloepfer, to accept the recommendation of the Planning Commission and not change the zoning of the firehouse, and in addition, to send a letter to the  Fire Co. to cease rentals at the property within thirty days. MOTION failed due to lack of a majority. Votes- 2 Yes( D. Werner, M. Kloepfer), 3 No (D. Waltz, M. Govannicci, J. Jones)

MOTION by Daniel Werner, Second by Marlaina Kloepfer, to accept the recommendation of the Planning Commission  and not change the zoning of the firehouse, and to send a letter to the Fire Co. to cease rentals at the former Rutledge fire house within 60 days. MOTION approved unanimously.

Council needs to enforce the ordinance or start the process of amending the zoning ordinance for the fire house property.

A public meeting should be scheduled to get comments from the residents. Marlaina Kloepfer suggested that that notice of the public meeting should include some options for the public to decide on. The Solicitor will help craft something to go out to the public.

Daniel Werner stated that Tom Kopp and David Waltz should recuse themselves from voting because they have a conflict. Council seems to be trying to rush this through to accommodate the Fire Co. so that there is no lapse in rental income. They should act as representatives of the Borough and not as representatives of the Fire Co. and be concerned with Rutledge residents’ complaints. David Waltz stated that Council is trying to resolve the issue quickly for the residents.

MOTION by Marie Govannicci, Second by Marlaina Kloepfer, to hold a public meeting to discuss the existing zoning ordinance regarding the old firehouse and get input from residents on Tuesday, September 23, 2014, at 7:30 PM. MOTION approved unanimously.

Marlain Kloepfer and Solicitor Robert Hunt will prepare an ad for the newspaper.

New Business – Marlaina Kloepfer asked if political parties in the Borough may have use of the Borough Building once per year, free of charge, to have a meeting to meet the residents. The Solicitor will look into the legality of it.

Council President Waltz stated that a resolution is needed for issuance of a credit card for the highwayman to use for gas and small purchases. The financial audits for the last two years are needed, as well.

MOTION by Marie Govannicci, Second by James Jones, to approve Resolution 2014-08-02, a resolution that authorizes that a credit card be issued for gas and other small purchase, amount not to exceed $100.00, without approval of the Council President. MOTION approved unanimously.

Council President Waltz reported that bids were opened this morning to repave Swarthmore Ave.

Results are:

Joseph E. Sucher & Sons                                                        $27,730.00

Charlestown Paving & Exc. Inc.                                            $28,207.50

A.F. Damon                                                                            $29,662.50

Kehoe Construction Inc.                                                         $47,995.00

It is Catania Engineering Associates’ recommendation that the contract be awarded to Joseph E. Sucher & Sons, Inc, the low bidder.

MOTION by Daniel Werner, Second by James Jones, to authorize, retroactively, the advertisement of bids for repairs to Swarthmore Ave. MOTION approved unanimously.

MOTION by Daniel Werner, Second by James Jones, to award the contract for Swarthmore Ave. road repairs to the low bidder, Joseph E. Sucher & Sons, Inc. at a cost not to exceed $27,730.00. MOTION approved unanimously.

Public: Kim Brown, 32 President Ave. reported that one member has resigned from the Planning Commission. Marlaina Kloepfer will put something on the website.

Ms. Brown will not be here for the September 23, 2014 meeting. David Waltz stated that residents will be informed that they may send letters to Council if they are not able to attend the meeting.

Jim Jones read a letter that was sent to Council from William T. Neill, III, Zoning Hearing Board Solicitor, regarding the efforts and great service provided by the Borough Secretary.

Jim Jones complimented Marlaina Kloepfer and all of her efforts on maintaining and updating the Borough website.

Since there was no further business, the meeting was adjourned at 9:13 PM.

Submitted by:
Gennifer Guiliano
Secretary

 

 


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