David Waltz, 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: David Waltz, , Tom Kopp, James Jones; M. Diane McGaughey, Marlaina Kloepfer
Also present: Mayor Kevin Cunningham, Robert Hunt, Jr., Esq., Police Chief Brian Craig
Not Present: Daniel Werner, Marie Govannicci
Minutes:Â MOTION by Tom Kopp, Second by James Jones, to approve the minutes as submitted for the Council Meeting of June 2, 2014 and the Work Session of June 23, 2014. MOTION approved unanimously.
Public Comment: Sarah Hill, 12 Rutledge Ave., reported that there was an incident three weeks ago where she was having a recreational fire in her backyard in a pit that is 10 inches deep and surrounded by flagstone that makes it 18 inches deep all together, and is about 40 feet from the back of her property. It is set in the middle of five houses and is a safe distance from any other building. There is no hazard in burning dry trees.
Daniel Werner went to Ms. Hill’s and instructed her to put out the fire or she would be cited and he would call the police. Ms. Hill invited him to do so. Mayor Kevin Cunningham came to her house. The Police came and thought it was ridiculous. Ms. Hill stated that Mr. Werner could have handled the situation differently. Ms. Hill would like to know how she can have a safe fire without bringing all of this down on her in the future. Diane McGaughey asked Ms. Hill if she had read the ordinance regarding open fires, to which Ms. Hill replied “Yes, many timesâ€, and that she does not understand the part about open fires. “Open fire- A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.†Ms. Hill stated that she has an incinerator, and does not burn refuse or putrescible animal and vegetable matter. Ms. Hill’s fire was cold by the time Mr. Werner got there, but her citronella candles had an open flame. Ms. Hill stated that the ordinance is unclear and contradictory, and would like to know what to do to be safe. Council President David Waltz stated that the Planning Commission is looking at the ordinance for open fires to see if it can be improved and made easier to understand. The meetings are open to the public, and are on the second Monday of each month.
Ms. Hill stated that her neighbor at 14 Rutledge Ave. put in a concrete patio that is close to one-half of the footprint of his entire house that is four feet from her property. She is not complaining, but bringing it to Council’s attention. Her neighbor has a large pool. There is a calculation of property coverage that is allowed. Ms. Hill thinks that a mistake was made in the calculation of building coverage of the patio. Ms. Hill is concerned about the water runoff onto her property, and is not adding to the property value of any of our houses. Ms. Hill invited Council to go to her driveway to look at it. The Secretary reported that the homeowner applied for a permit, which was approved by the Chairperson of the Building committee. Ms. Hill thinks that a mistake was made, and wanted to bring it to Council’s attention so that it doesn’t happen again.
What happened on that Friday evening was unfortunate. Ms. Hill suggested that Council have some sort of identification.
Paige Hill, 12 Rutledge Ave., asked if the meeting room was available to have workshops on such topics as canning, composting, raising chickens, and if there was a cost. David Waltz instructed Ms. Hill to see the Borough Secretary for availability.
Diane McGaughey stated that the Environmental Action Committee and the Rutledge Shade Tree Commission are looking for volunteers.
Treasurer’s Report: Gennifer Guiliano distributed the Treasurer’s Report for the month of June 2014. MOTION by Diane McGaughey, Second by James Jones, to approve the Treasurer’s Reports as submitted. MOTION approved unanimously.
Correspondence:
1)Â Â Â Â Â DEP- County Act 537 Plan Revision was not approved and there are four pages of questions/comments
2)Â Â Â Â William T. Neill, III, Esq.- Zoning Hearing, 132 President Ave., continued to August 20, 2014
3)Â Â Â Â Â 2013 Audit is almost completed
Tax Collector’s Report: Thomas Heron reported that $454,532.39 has been collected as of June 30, 2014. Accounts receivable as of June 30, 2014 is $27,451.64- 10 Real Estate, 9 Sewer, 42 Per Capita. $481,984.03 should be collected as of 12/31/2014. David Waltz noted that a property on Linden Ave. is up for Sheriff sale.
Code Enforcement Report: Harry Mirra read his report for June.
18 Apartment Inspections- 9 failed/ 9 passed
Notice regarding a hanging electrical unit
A garage that was leaning was removed
Debris on the side and back yard of a property has been cleaned up
A trailer that was parked in front of a property was removed
Notices to ask residents to clean the grass along the curb lines were delivered to residents
1 Active zoning permit
Mayor’s Report: Mayor Kevin Cunningham read the Police Report for June 2014. There were 36 Parking Tickets, 8 Traffic Citations 8 Traffic Warnings.
Mayor Cunningham reported that the July 4th celebration went well. It rained for 10 minutes. Mayor Cunningham thanked Harry Mirra, David Waltz, and Officer Aloi for their help.
Mayor Cunningham received a complaint about parking at the corner of Unity Terrace and Swarthmore Ave. Employees of the group home are parking on Unity Terrace and blocking the driveway of the resident. The group home is in Ridley Twp. The question is: if you have a business, must you provide parking for employees?
Public Safety:Â Tom Kopp stated that he has not received the monthly report from the Fire Co. The July 4th parades in Morton and Rutledge Boroughs went well. The Fire Co. will have fundraisers in September.
Mr. Kopp reported that four children were killed in the eight row house fires in Philadelphia. A New York City fire company lost a firefighter on duty, the first in three years.
Property/Building Maintenance: Diane McGaughey stated that she presented information to Council, and she is waiting to hear what Council would like to do. Ms. McGaughey received another estimate for roof replacement in the amount of $13,685.00, and it does not include the same work as the first estimate.
Recreation: Nothing to report.
Rutledge Girls’ Club– Nothing to report.
Communication: Marlaina Kloepfer reported that the Committee will have a meeting on Thursday, July 10, 2014 at 7:30 PM. Ms. Kloepfer asked Mr. Kopp and Mayor Cunningham to attend the meeting so that the CodeRed procedures can be discussed.
Ordinance: Marliana Kloepfer reported that the Committee will look at the open fire ordinance.
Trash: Nothing to report.
Building: Nothing to report.
Sewer: Jim Jones reported that Rutledge will get four loaner, temporary flow meters from CDCA. Dye tests were completed at 32 President Ave. to determine if the sinkholes on the property are caused by the lateral or the Borough main. We are waiting for quotes for repair work from General Sewer Services.
Shade Tree Commission: Marlaina Kloepfer reported that an email was received from someone interested in the Chairman position.
Finance: Nothing to report.
Streets: David Waltz reported that he spoke with Aqua PA regarding replacement of the water main. There will be no digging on Swarthmore Ave. The main on Melrose Terrace from Sylvan Ave. to Linden Ave. will be replaced and will tie into Sutton and Folsom Avenues. Aqua PA will repave one half of Melrose Terrace.
Solicitor’s Report: An issue had been raised regarding cats running loose in the Borough. There is an ordinance, Chapter 2, Section 2-202, that states that it is unlawful to permit fowl, domestic animals or pets to run at large within the Borough; such animals shall at all times be kept within the confines of the property of the owner. The owner is subject to fines ranging from $10.00 to $1,000.00 and imprisonment of up to 30 days.
Senate Bill 733- PA State Association of Boroughs passed Resolution 2014-11 in support of the Bill that allows the advertising of ordinances online.
Bill 1340 is in the House for approval that would allow local police officers to use radar for speed enforcement.
Diane McGaughey reported that the Delaware County Association of Boroughs stated that a new Borough Code will be available in September that has a better presentation than the last one.
Old Business: Tom Kopp thanked David Waltz for contacting Joe Hackett to clarify whether police officers and firefighters may serve on Council. They may, if they are volunteers and not paid.
New Business:
Diane McGaughey reported that the Borough has not paid for the April banquet tickets. The Secretary stated that a check was sent.
Ms. McGaughey asked that an agenda be prepared for the meetings.
Ms . McGaughey stated that the preparation of the 2015 budget will begin soon, and asked that Brian Costello be included in the discussion, as he is a Wharton School graduate and has expertise in finances.
Ms. McGaughey asked if ordinances can be developed to recognize the 4th of July and the Rutledge Girls’ Club so the Borough can directly fund them. The Shade Tree Commission has its own ordinance. Section B 2709 was added to Act 43.
Ms. McGaughey would like a meeting with the Zoning Hearing Board so that the members can explain what their jobs are and are not. Council is not to talk to the ZHB members about zoning matters or pending hearings.
Ms. McGaughey asked if the Auditors would present a report after the 2013 Financial Audit is completed and let Council know how a better job can be done when it comes to managing our money.
Donations to the Borough have not been acknowledged by the organization that has received the money. Ms. McGaughey is asking Council to take over that aspect and monitor the money that is coming in to make sure it is spent the way it is supposed to be spent. There are several plaques that have never been acknowledged.
Ms. McGaughey stated that the April 28, 2014 minutes reflect that she would like the Chase Credit Card closed because it was compromised. That is not the case- it was a different credit card in her name.
Ms. McGaughey stated that there are crates available to capture animals. The animals would be released at another location. The homeowner would have to pay for the trap.
Ms. McGaughey would like to see minutes from the Planning Commission meetings to see what was discussed.
The Community Yard Sale will be on Saturday, September 6, 2014, from 8:00 AM-1:00 PM. There will be no electronic recycling event that day. Ms. McGaughey would like to sell spaces for a Craft Fair at the Triangle Park, to benefit the Borough.
Ms. McGaughey would like to increase the revenue from rentals and will talk to the Solicitor.
Public Comment: None
Bills for July 7, 2014:Â
MOTION by Marlaina Kloepfer, Second by Tom Kopp, to approve payment of the bills for the month from the General Fund in the amount of $36,778.23. MOTION approved unanimously.
MOTION by Marlaina Kloepfer, Second by Tom Kopp, to approve payment of the bills for the month from the Gas Fund in the amount of $965.64. MOTION approved unanimously.
MOTION by Marlaina Kloepfer, Second by Tom Kopp, to approve payment of the bills for the month from the Sewer Fund in the amount of $970.38. MOTION approved unanimously.
Since there was no further business, the meeting was adjourned at 8:15 PM.
Submitted by:
Gennifer Guiliano
Secretary