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, and Jack Borsch.
Not present: Mark King, Kurt Morrison, Diane McGaughey
Also present: Mayor Scott Shields, G. Guy Smith, Esq., Police Chief Brian Craig
MOTION by Jack Borsch, Second by Thomas Ash, to approve the minutes as submitted for the Council Meeting of July 2, 2007, Committee Meeting of July 16, 2007 and Work Session of July 23, 2007. MOTION approved unanimously.
Public Comment:
Dale Beckett, 15 Linden Ave., asked Council to explain why we have no appeals for the cell tower issue. Guy Smith responded that it is what the law says. The Rutledge Zoning Hearing Board gave its decision, T-Mobile appealed the decision to the Court of Common Pleas, and the judge entered a ruling. The Zoning Hearing Board has a right to ask for reconsideration. The Borough Council has no right to intervene. Borough Council asked the Zoning Hearing Board to request a reconsideration on an issue – setback requirements for that property, and we haven’t heard whether the judge has made a decision on it.
Dale Beckett asked if the motion to reconsider is approved on the fine points of the setback requirements, is the entire project reconsidered. Guy Smith said that he can’t answer that because he hasn’t seen the petition to reconsider and doesn’t know what the judge would grant. There are several issues within the possibility of reconsideration that the judge would have to decide. The judge can grant all, some or none. All the Zoning Hearing Board can do is ask the judge to reconsider.
Mr. Beckett asked if the Borough had heard from PECO regarding their easement on the property. Greg Lebold stated that the Borough has not heard from PECO.
Suzanne Stewart, 42 Linden Ave., stated that we can’t sit and wait for the law, that the Borough should be in an aggressive position, and should get a lawyer and sue Verizon. Guy Smith responded that it is a private property right action, and Council would like to take action, but it is not a public issue that the Borough can spend taxpayers’ dollars on. Borough Council must act within the guidelines of the law.
Dale Beckett asked if there was any entity that can appeal the judge’s decision. Guy Smith stated that a letter was sent to PECO regarding the cell tower and its easement. PECO hs a property right that Rutledge Borough does not have.
Judith Zeigler, 115 Rutledge Ave., stated that Swarthmore Borough went through six months of hearings and their cell tower application did not go through. Guy Smith responded that T-Moblie’s appeal was denied by a different judge in that case – he upheld the Zoning Hearing Board’s decision.
Jodine Mayberry, 415 Unity Terrace, asked if there could be an appeal beyond the court of common pleas. Guy Smith stated that Council can ask the Zoning Hearing Board to file for reconsideration on certain issues. If it is not granted, there is no further appeal by the Zoning Hearing Board or Borough Council.
Cheryl Gainer, 10 Linden Ave., stated that the letter sent to residents says that Judge Cronin struck down a portion of the Zoning Ordinance. Ms. Gainer asked if residents can contact the media – yes. Two sections of the cell tower ordinance were shot down. The judge’s order contains 7 paragraphs that explain why the judge made the ruling that he did.
Sally Morbeck, 28 President Ave., stated that on the July 4th, Brian Lentz came to the festivities prepared to speak, and was asked not to speak – why? Greg Lebold had spoken to Brian Lentz. There has never been a politician who spoke at the 4th of July festivities. It is an event for children, not a political event. Mr. Lentz was scheduled to speak at a meeting at the Borough Hall on July 12. Mayor Scott Shields stated that Brian Lentz’s representative had contacted the Borough and was told that he could not. Last year, Kurt Weldon wanted to speak, but was not allowed. Ms. Morbeck stated that Trina Coppick of the 4th of July Committee wanted Mr. Lentz to speak. Mayor Shields stated that he made the decision that morning for Mr. Lentz not to speak. He had been approached by Ms. Coppick days before. Mayor Shields acknowledged that Mr. Lentz was in attendance, had ridden in the parade, and helped with the judging. Ms. Morbeck asked Council to set a policy
Guy Smith stated that the Mayor acts independently of Council, and does not control what the Mayor does. It was not a decision voted on or acted upon by Council. Jennifer Fleming, 131 Linden Ave, Vice President of the 4th of July Committee, stated that Mayor Shields attended the 4th of July Committee Meeting and explained his actions.
Norma Pietrowsky from Folsom stated that she was invited to the meeting to address Council. Council President Greg Lebold granted her permission to address Council. Mrs. Pietrowsky stated that the rats from 117 Rutledge Ave. have relocated to Folsom and are on Swarthmore Ave., and her garage, and would like to know what Rutledge is going to do about it. Mr. Lebold explained that Rutledge has done everything it was allowed by law to exterminate the rats, upon the recommendation of the Health Officer and the pest control company.
Jean Lenke, 5 E. Sylvan Ave., stated that she had concerns regarding the misuse or the Borough weekly email to residents, such as unnecessary advertisements from Comcast, rude remarks about dog walkers, and an inflammatory email about Jane Fonda. The email should only contain Borough information, and not contain offensive language. Council should create a policy regarding what may be included in the weekly newsletter. Greg Lebold stated that the issue will be addressed when the Borough Manager returns, and asked if Mrs. Lenke would like to help with the policy.
Tax Collector’s Report: Leonard Michael reported that $246.09 was collected in July 2007.
Treasurer’s Report – Gennifer Guiliano distributed the Cash Flow report for the month of July, 2007.
Code Enforcement/Building Inspector Reports – Harry Mirra read his report for the month of July, 2007:
1 Inspection
Citation issued for debris and rodents resolved
Citation issued for abandoned vehicle and debris – awaiting trial
17 Correction notices issued since June 5 – 16 corrected
5 Verbal notices corrected
10 Letters sent to residents regarding firewood stored on property
11 Active building permits
Mr. Mirra asked residents who have firewood to store it on raised cinder blocks, minimum of 6†off the ground, to prevent the nesting of rodents.
Mayor’s Report – Scott Shields read the police report for July, 2007. There were 4 loitering/curfew violation incidents and 911 was called. One theft of an unlocked car, fireworks, one motor vehicle stop with a possession charge, 2 bicycles stolen, 1 recovered. Mayor Shields received a phone call from Jean Lenke regarding the Borough emails.
Correspondence:
1) Request fro Robert Crane, 1505 Melrose Terrace, requested an on-street Handicapped parking space.
2) Delaware County Association of Boroughs – Quarterly Meeting, September 12, 2007, Eddystone Lighthouse Hall, 6:30 P.M.
Committee Reports:
Ordinance/ Trash –
Building – Nothing to report
Sewer– Jack Borsch reported that General Sewer Service was called to remove roots from a section of the Borough’s sewer main, and will start the biannual cleaning and inspection of the Borough’s sewer mains.
Recreation – Nothing to report
Public Safety – Tom Kopp read the Rutledge Fire Company’s July 2007 Report. There were: 9 fire calls with time in service of 12 hour and 42 minutes, and 5 drills with time in service of 10 hours and 35 minutes. There was one local alarm – 07/06/07, service call to pump basement, 200 block of Linden Ave.
The Rutledge Fire Co. will sell hot dogs, pretzels, sodas and water at the Fire House during the Borough Yard Sale on September 8 from 9:00 AM – 2:00 PM.
The 4th Annual Horseshoe Tournament will be on Saturday, September 15, 2007.
Mr. Kopp reported that the hazardous analysis report is 1/3 completed. There will be a town meeting on September 26, 7:00 PM, at the Rutledge Borough Hall to discuss the tri-boro consolidation. Letters will be hand-delivered to residents.
Finance – Nothing to report
Highway – Nothing to report
Solicitor – Nothing to report.
Old Business : Greg Lebold reported that bids were received for the Triangle Park Stormwater Project:
JFC Contractors Broomall, PA $74,570.00
Ramos & Associates Philadelphia, PA $155,775.00
Premier Concrete, Inc. Ridley Park, PA $74,711.00
Cassidy & Son Construction Yeadon, PA $187,850.00
Carusone Construction Philadelphia, PA $124,735.00
MOTION by Jack Borsch, Second by Tom Kopp to accept the bid for the Triangle Park Stormwater Project to the lowest bidder, JFC Contractors, for $74,570.00. MOTION approved unanimously.
New Business: None
Public Comment:
Suzanne Stewart, 42 Linden Ave. asked if there was a schedule for the erection of the cell tower. They can start construction within 30 days. Greg Lebold stated that T-Mobile has submitted an application and has been reviewed by the Borough Engineer, and will go before the Building Committee.
Jodine Mayberry, 415 Unity Terrace, asked if PECO had to give a permit for the tower – no.
Ed Tambon, 17 Linden Ave., asked if T-Mobile was going to build a cell tower in Swarthmore Borough and it was turned down, what happened with the Rutledge application by T-Mobile. The appeal was denied by the judge. Guy Smith stated that the decision was made by the configuration in Rutledge Borough on the basis of the fact that in Rutledge, no matter where you look, our ordinance would deny anyone the opportunity to erect a cell tower in the Borough because of certain requirements in the ordinance. Those had to do with the fact that Rutledge is cut into parcels that are too small and the ordinance doesn’t accommodate the size. The judge struck down the ordinance, stating that it unconstitutional and an improper denial of the right to build a tower in Rutledge. The purpose of the ordinance was to keep a cell tower from going up anywhere. Mr. Tambon stated the tower should be built on Borough property so that the Borough benefits. Guy Smith stated that is not the issues before the court. Greg Lebold stated that T-Mobile has a contract with Walter Craig, the Borough doesn’t. Mr. Tambon asked if the property will be reassessed- yes, by the county.
Gerri Morrison, 207 Sylvan Ave., stated that she walks through the Borough every night, and requested that residents not place their trash cans in the middle of the sidewalk. Guy Smith asked for specific addresses.
Suzanne Stewart, 42 Linden Ave., spoke to a worker who was trimming tress for PECO, who said that Swarthmore does not allow them to touch the trees. Guy Smith responded that Swarthmore Borough ahs a Tree Committee, and all street tress are controlled by the Borough. It’s a very expensive proposition- the care, upkeep, trimming and removal of the trees.
Bills for August 6, 2007:
MOTION by Thomas Ash, Second by Jack Borsch, to approve payment of the bills for the month from the General Fund in the amount of $35,438.80. MOTION approved unanimously.
MOTION by Thomas Ash, Second by Jack Borsch, to approve payment of the bills for the month from the Gas Fund in the amount of $1,003.66. MOTION approved unanimously.
MOTION by Thomas Ash, Second by Jack Borsch, to approve payment of the bills for the month from the Sewer Fund in the amount of $1,421.00. MOTION approved unanimously.
Since there was no further business, the meeting was adjourned at 8:30 PM.
Submitted by:
Gennifer Guiliano
Borough Secretary