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, Jack Borsch, Diane McGaughey, Thomas Ash and Kurt Morrison.
Also present: Mayor Scott Shields, Police Chief Brian Craig, G. Guy Smith, Esq., Ed McGaughey, Manager
Not Present: Mark King
MOTION by Jack Borsch, Second by Kurt Morrison, to approve the minutes as submitted for the Council Meetings of March 3, 2008, and April 7, 2008, and Work Sessions of March 24, 2008 and April 28, 2008. MOTION approved unanimously.
Public Comment: Paul Mecouch, 34 Linden Ave., inquired about actions the Borough is taking on cracked sidewalks, and stated that there are a lot in the Borough. Greg Lebold asked residents to report any hazardous conditions to the Borough, and that sidewalks are inspected during Use & Occupancy inspections when houses are sold. Mr. Morrison suggested that the issue be addressed in the Borough newsletter. Diane McGaughey stated that Council spent one hour discussing general maintenance of residences in the Borough at the last Work Session. Issues discussed were: sidewalks, trees, debris, trash, and what ways would be best to get the residents on board.
Tracey Mutz, 103 Sylvan Ave., stated that she had reported on the condition of her neighbor’s property at the April meeting, and nothing was done about it. Ms. Mutz is trying to sell her house, and had an open house on Sunday. The house did not sell, and feedback that she had gotten was about the poor condition of her neighbor’s property. People thought it was a rental property. Ms. Mutz pleaded with Council to have something done about the debris so that she can sell her house.. Ms. McGaughey stated that Council was giving the resident time to do the clean-up. Mayor Shields stated that there was only a box outside, and that his dogs were barking because Ms. Mutz’s children threw stones at them.. Ms. Mutz stated that the dogs can enter her yard because they have been pushing through the fence; she is concerned about the safety of her four small children. Mr. Lebold suggested that Ms. Mutz try conflict resolution with the County. Guy Smith asked Ms. Mutz to give a list of the problems to the Secretary, and he will check the Borough’s ordinances and file a complaint with the resident.
Dennis Myers, 210 President Ave., stated that his wife was at the Work Session to complain about the condition of 214 President Ave. They have been complaining about the condition of this property for five years. Mr. Myers stated that the rental properties in the Borough have been deteriorating year by year, and that Council is not holding the owners responsible, and the poor condition is affecting the property values and public safety. Mr. Lebold stated that Mr. Mirra has had at least 25 abandoned cars removed from the Borough, and has been doing everything that can legally be done to make homeowners take care of their properties. Mr. Myers stated that he was the Code Officer at one time, and he is not the only one seeing this. The Code Officer can condemn the property at the time of the apartment inspection.
Michelle Senior, 100 Rutledge Ave., stated that she read the Borough’s ordinances. She has to walk around trees and bushes hanging out into the sidewalks. The ordinances state that the Borough can hire someone, at the homeowners’ expense, to remove the branches. Mr. Lebold stated that enforcement of the Borough Code depends on legal advice received; there are private property issues. Ms. Senior stated that someone used to walk all the sidewalks and send notices for cracked sidewalks and overhanging trees, and sent notices to the homeowners. Ms. Senior stated that her neighbor wants to plant bushes on the property line, and is doing so out of spite. The neighbor needs to get the property surveyed to find the property line. Ms. Senior inquired about the Borough passing an ordinance that restricts planting on the property line. If her neighbor plants the bushes, they will hang five feet onto her property. Mr. Lebold stated that he has seen these issues at other municipalities, and there is nothing in any ordinances that regulate where residents can plant on private property. Guy Smith stated that there is no ordinance that any municipality can pass that regulates plantings on private property. The Borough can regulate lines of sight at intersections and the Borough’s rights of way.
Kathy Myers, 210 President Ave., stated that she spoke at the Work Session regarding the condition of 214 President Ave., and she agrees with her husband. Trees are growing past the sidewalks, and people will get hurt from theses hazardous conditions. The condition of sidewalks in the Borough are also safety issues; the Borough will be liable if someone gets hurt. Monitoring of these conditions was done in the past, and Ms. Myers wants to see it done again. Kurt Morrison stated that he walks the Borough every night, and takes pruners with him to snip overhanging, and the Borough is aware of repeat offenders.
Tax Collector’s Report: Leonard Michael reported that $7,045.90 was collected in April.
Treasurer’s Report – Gennifer Guiliano distributed the Cash Flow report for the month of April 2008.
Code Enforcement/Building Inspector Reports – Greg Lebold read Harry Mirra’s report for the month of April 2008:
Yearly apartment inspections were conducted
4 Correction notices issued: 2 Abandoned vehicles, 2 Debris in backyard and side yard.
5 Active Building Permits
Mayor’s Report – Scott Shields read the police report for April, 2008. 2 motor vehicle citations, 13 parking tickets, 14 police calls, 10 complaints, 1 assist to ambulance
Mayor Shields reported that construction on Rutledge Ave. unearthed bones that were later determined to belong to an animal. Mr. Shields also reported that there will be a Communications Committee Meeting on Tuesday, at 8:00 PM at 6 Rutledge Ave.
Correspondence:
1) CDCA- Submitted an amendment to the Supplemental Service Agreement signed previously. The Solicitor will address under his report.
2) PLGIT – 2007 Annual Report
3) Harry Mirra- List of code violations at 214 President Ave.
4) PECO Energy- Having a Delaware County Municipal Forum on 5/29/08 in Upper Darby to discuss new business services, emergency response processes, street & traffic light processes, vegetation management programs, damage prevention and safety.
5) Penn State Cooperative Extension- Delaware County is collecting mosquitoes in traps that are being placed in various locations in the County, and are part of an important control program, and ask that residents not disturb the traps.
6) PA Borough Councils Association – is accepting nominations for 2008 Outstanding Councilmembers of the Year Award – deadline – 05/16/08
7) Aqua PA – replacing sewer main on Swarthmore Ave. between MacDade Blvd. and 8th Ave., on 5th between Swarthmore and Rutledge Aves., and Rutledge Ave. between 4th Ave. and a point 150’ north of 5th Ave.- To begin 05/05/08, 7:30 AM- 4:00 PM daily.
8) PA State Association of Boroughs – proposed Constitution amendments
9) DELCO County Council – COSA announces assistance for seniors to maintain independence in the community. Residents 60 or older may be eligible for state or federal funds that will provide assistance in their homes such as personal care, minor home repairs, and housekeeping.
10) Delco County Council – Has started the federal urban county qualification process for participation in the Community Development Block Grant Program for Fiscal Years 2009-2011
Committee Reports:
Ordinance/ Trash – Nothing to report
Building – Nothing to report
Sewer– Jack Borsch reported that the sewer work is about to proceed, and there is a contractors meeting on May 8, 2008, at 10:00 AM.
CDCA amendment to the Supplemental Service Agreement- Guy Smith reported that Nether Providence submitted an amendment to the agreement that was reviewed by CDCA, and they are in favor of approving it, and are asking Member Municipalities to approve it. The letter from CDCA’s Solicitor states that it doesn’t alter any substantive terms; why change it then ? Mr. Smith would like some questions regarding how everyone should pay, and other sections be answered before he recommends that Rutledge Approve the amendment. Mr. Smith will contact CDCA’s Solicitor for more information. Ms. McGaughey asked Mr. Smith to explain the sewer issues the Borough is facing.
Mr. Smith stated that DEP is concerned with inflow and infiltration into the sewer system, and wants municipalities to aggressively pursue correcting I & I. Treating sewage is expensive, and unnecessary flow into the system results in higher treatment costs to everyone. Meters have been checked after heavy rainstorms, and the flows go up 400%, which shows that storm water is getting into the sanitary sewer system. Jack Borsch stated that DELCORA has 2 flow meters in Rutledge, and sewer bills are based on this information, and residents’ bills will keep going up until I&I such as illegal sump pumps are corrected.
Highway – Thomas Ash reported that he has gotten complaints that people can’t see the Borough’s stop signs at night. A new State unfounded mandate requires that high reflective signs be put in place. The signs cost $142.49 each. Mr. Ash asked residents not to put grass clippings in the street, because they end up in the sewer mains.
Recreation – Kurt Morrison thanked the Girls Scouts for the cleanup work they did at the Triangle Park. The Scouts want to do more work. The Borough received a $500 grant from the Delaware County Conservation District for an educational sign for the proposed Rain Garden at the Triangle Park. Liz Feinberg are to submit a final proposal for the rain garden to put out for bids. PortaPotties are in place at the park for the softball season. The rehab of the infield has been completed.
Public Safety – Thomas Kopp stated that he does not yet have the monthly Fire Co. report for April. The hazard analysis report is on schedule. Greg Lebold stated that Chris Hanson, Swarthmore Fire Chief is very ill and is not expected to make it. There are support groups to help Chris and his family, that will hopefully be listed on the Borough’s website.
Finance – Diane McGaughey reported that the Borough needs to pay for a lot of projects, and she will be looking at financing options. The Borough received a proposal from the Fire Company to divert their downspouts from going into the sanitary sewer system, and into the street instead. The proposed work will cross over the Borough’s property. The Borough’s Engineer reviewed that plans, and responded that everything is in order.
MOTION by Diane McGaughey, Second by Kurt Morrison, to allow the Fire Co,’s drain to cross Borough property, and to allow the contractor to perform the necessary drainage work. MOTION approved with a majority vote of three (D. McGaughey, T. Ash, K. Morrison) G. Lebold and J. Borsch abstained from voting, and T. Kopp did not vote because he left for a fire alarm.
Solicitor’s Report: G. Guy Smith stated that he received a report from Harry Mirra regarding property maintenance violations at 214 President Ave, and he will send a letter to the estate this week.
Mr. Smith sent a letter to 1 Sylvan Ave. regarding payment of fines for false fire alarms.
Old Business : Nothing to report.
New Business: Nothing to report.
Public Comment: Kathy Myers, 210 President Ave., asked if she could have a copy of the violations at 214 President Ave. Yes, it’s a public record.
Bills for May 5, 2008:
MOTION by Thomas Ash, Second by Diane McGaughey, to approve payment of the bills for the month from the General Fund in the amount of $21,216.99. MOTION approved unanimously.
MOTION by Thomas Ash, Second by Diane McGaughey, to approve payment of the bills for the month from the Gas Fund in the amount of $1,035.14. MOTION approved unanimously.
MOTION by Thomas Ash, Second by Diane McGaughey, to approve payment of the bills for the month from the Sewer Fund in the amount of $31,106.86. MOTION approved unanimously.
Since there was no further business, the meeting was adjourned at 8:25 PM
Submitted by:
Gennifer Guiliano
Borough Secretary