Diane McGaughey, 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: Diane McGaughey, Tom Kopp, Jack Borsch, Kurt Morrison, Brian Costello, David Waltz, and Marlaina Geffers
Also present: Mayor Gregory C. Lebold G. Guy Smith, Esq.
Diane McGaughey stated the all Council Members, Mayor, and Borough employees should have identification badges. The Secretary will look into the matter.
Jack Borsch reported that the televising and flushing of the Borough’s sewer mains has been completed. Mr. Borsch received reports and DVDs from the contractor that have to be reviewed. Two manholes need to be raised because they are buried, and one has to be repaired because bricks are missing. Ridley Excavating gave a price of $2,680.00 for the three repairs. One manhole is buried under a fence behind 118 Sylvan Ave. The fence has to be removed to do the repair. One manhole needs to be repaired on Unity Terrace between President Ave. & Linden Ave. Another manhole at Triangle Park near the kids’ lot has to be raised.
MOTION by Jack Borsch, Second by Kurt Morrison, to authorize Ridley Excavating to repair and raise three manholes at a cost of $2,680.00. MOTION approved unanimously.
The trash contract with Suburban Waste Services, Inc. expires this year. The Borough should look at going out three years rather than two.
Mr. Borsch reported that Karl Eilinsfeld put water bags on the trees at the Borough building for the summer. The Tree Tenders class planted a tree at the Seniors’ house at Unity Terr. and Rutledge Ave. The pine tree was removed from the front of the Community Center. The other tree needs to be pruned.
Kurt Morrison reported that there have been complaints about foul language used at the basketball court at the Triangle Park. Mr. Morrison stated that the nets and rims should be removed, with a sign posted as to why they were removed. Solicitor Smith stated that Diane McGaughey, as Council President, has a right to take action on an issue like this without Council approval.
Mr. Morrison reported that he received one estimate for electricity at the triangle Park for $3,200.00. Another bid should be coming in.
David Waltz reported that he is going to bid for street signs and posts, and Council agreed that the posts should be 8 feet high.
Mr. Waltz stated that Catania Engineers gave prices to repair three streets:
Waverly Terrace- Rutledge Ave. to Sylvan Ave. – $33,450.00
Unity Terrace – Rutledge Ave. to Sylvan Ave. – $38,500.00
Waverly Terrace – Sylvan Ave. to President Ave. – $40,450.00
Mr. Waltz had requested an estimate to fix a portion of the intersection of Unity Terrace and President Ave., but has not received it. Total for listed repairs is $112,000.00, not including bid advertising, and engineering costs.
Municipalities are not permitted to piggyback with each other as they had in the past.
Solicitor Smith stated that he has been meeting with Tom Killion to propose a bill to change the prevailing wage act limit from $25,000.00 to $155,000.oo, to be adjusted annually.
Rose Brown, 202 Waverly Terrace, had been told that the Borough would replace asphalt at the end of her driveway to repair damage that she claims was done by the Borough when the streets were snow plowed, when the Borough had street repairs done. This should be included in the road repair work.
Mr. Waltz stated that he spoke with two township commissioners, and they are going to go to the County together to try to get some funds to repair Swarthmore Ave.
Diane McGaughey reported that there are some street lights that are on during the day, and gave the information to David Waltz.
A report has to be filed with the State before loan documents can be signed. The Borough budgeted, in 2011, for loan payments for a $54,000.00 loan. Since no payments have been made, that money can be used to pay a loan for $110,000.00. The payments would probably not start until September or so. The proper amounts for loan payments would be included in the 2012 Budget.
Solicitor Smith will contact Tom Killion regarding the prevailing wage act, David Waltz will contact Bryn Mawr Trust regarding the loan, and the secretary will contact TD Bank regarding the increase in the loan amount.
Tom Kopp reported that he has a report on the President Ave. fire. There is no information regarding the truck sale. There will be an ad in the June Borough Association magazine.
Brian Costello reported on applications received at the Building Committee Meeting on May 16, 2011.
127 Rutledge Ave. wants to erect a new deck, relocate the hot tub, and demolish a pool. Mr. Costello recommended that Council approve the proposed deck. MOTION by Brian Costello, Second by David Waltz, to approve the proposed deck, as presented, at 118 Rutledge Ave. MOTION approved unanimously.
118 Rutledge Ave., Ben O’Neal, has erected a structure in which to store wood, which some have considered to be a second shed. The use of this structure is not consistent with the definitions of a shed in the Rutledge Borough Zoning Ordinance. Council discussed sheds. Anything with a footing system is considered an accessory use structure. This structure is raised off the ground. The owner does not have to remove the structure, but does have to apply for a permit.
201 Sylvan Ave., Behmke, replaced the shed that burnt down, and did not get a permit. They replaced the shed with one that was the same size as the old one, the size of which is in violation of the current ordinance.
The secretary will send a letter to 118 Rutledge Ave., and 201 Sylvan Ave., stating that the owners must apply for zoning permits, and include plot plans, and send the letters via registered mail.
205 Sylvan Ave., H. Morall, applied to erect a two-car garage. The ordinance requires that the garage must be 20 feet further back from the rear most of the property. The owners are unable to do this because their sewer lateral is under there.
A resident wants to erect a fence on the corner of Waverly Terrace and Linden Ave.
Diane McGaughey stated that the Borough is doing well with hall rentals; most are downstairs.
Ms. McGaughey stated that the signs at the Community Center and Triangle Park can be refurbished by Roe Morrall at a cost of $225.00.
Ms. McGaughey asked that Greg Lebold and Marlaina Geffers get in touch with the Communications Committee to work on the website.
Mayor Greg Lebold stated that he has gotten many complaints about property maintenance issues at 7 Rutledge Ave. There appear to be code violations.
After the code officer has inspected the property for violations, the Solicitor will send a letter to the homeowner.
Mayor Lebold stated that there are two dogs at 115 President Ave. that constantly bark.
Jack Borsch stated that a house on the corner of President Ave. and Waverly Terrace appears to have a dogsitting service because there are a number of barking dogs there during the day.
Mayor Lebold reported that the SCPA will no longer take animals from municipalities. The County is trying to create a facility.
David Waltz questioned whether bamboo is classified as an invasive or nuisance plant. He cuts down, every week, bamboo on his property that is coming from his rear neighbor’s property. Solicitor Smith stated that it is an invasive plant that spreads. Mayor Lebold stated that the Borough could amend the property maintenance code to include invasive plants. Mr. Lebold suggested that Roger Latham be contacted for a list of invasive plants.
An anonymous compliant was received regarding the sign on the fence at 136 Swarthmore Ave. that says “One Nation Under God” The person stated that the sign is in violation of the Borough’s ordinance. This was an issue in the past, and Council voted to leave the sign up. Solicitor Smith stated that it is a 1st Amendment issue. Council will not address the letter because it is not signed.
A letter was received from a Ridley Township resident regarding 24 Linden Ave. Construction/renovations have been going on for years, and the homeowner has a bee hive. Mayor Lebold will respond to the complaint.
Jack Borsch stated that he will retire as Rutledge Borough’s Emergency Management Coordinator as of July 1, 2011, and recommended that Tom Kopp be appointed. Mr. Borsch’s resignation letter must be accepted at a Council Meeting and be recorded in the minutes.
Mayor Lebold stated that he and Diane McGaughey attended a meeting with Joe Hackett. Police Chiefs were there, also. Topics discussed were; Right to Know Law – contractors are using this as a way to get business; State Auditor for Labor & Industry- cannot be understood when he speaks, performs unannounced audits. Ms. McGaughey stated that all municipalities at the meeting were experiencing the same problems.
Mr. Kopp inquired as to committee assignments. Ms. McGaughey stated that she is looking into it and has changes to make.
David Waltz stated that Council needs to start work on increasing the transfer tax to 1 ½ %.
Mr. Waltz would like Council to enact an Earned Income Tax. It will help with the loans and can lower the tax base. Council needs to act before the end of the year. Solicitor Smith stated that the tax will be paid to the home base where the taxpayers live, unless they work in Philadelphia, and recommended that Council look at the PA Lawsource Book, page 59. Brian Costello suggested that someone be appointed to look into and report to Council. Solicitor Smith stated that there are tax collections firms online that have explanations of the tax. The County will appoint a separate collector for this. Council needs to know the cost of collecting the tax, and what the net money received will be. The School Board can take some of the money.
The Borough needs to pass a Flood Plain Ordinance. The information was referred to Brian Costello.
A tree was removed from a Swarthmore Ave. property last July due to a car accident. The tree removal company contacted the Borough because the bill is not paid. The Secretary will contact the driver’s insurance company.
The residents of 218 President Ave. need a property reinspection in order to renew their apartment rental license. They do not want to pay the reinspection fee of $50.00. The secretary will send a letter stating that the apartment license will be revoked if the fee is not paid.
Since there was no further business, the meeting was adjourned at 9:32 PM.
Submitted by: Gennifer Guiliano
Secretary