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, Marie Govannicci, Marlaina Kloepfer, Â David Waltz, Brian Costello, Daniel Werner
Also present: Mayor Kevin Cunningham, Robert Hunt, Jr., Esq., Kim Brown, Christopher Corcoran
Not Present: Tom Kopp
Building: Nothing to report.
Communication: Marlaina Kloepfer reported that the newsletter draft is done and was given to Diane McGaughey and Kevin Cunningham for review.
Finance: Brian Costello stated that there will be day meetings starting in September to discuss the 2014 budget.
Ordinance: The police contract ordinance was advertised and passed. The contract needs to be signed.
Property/Borough Building: Nothing to report.
Public Safety: Nothing to report.
Recreation: Marie Govannicci reported that the “Young Lungs at Play†signs have been have been installed. The handicapped swing has been ordered and is in transit.
Karl Eilinsfeld repaired the red sliding board.
Residents have complained that the balls get stuck in the basketball netting. Ms. Govannicci will get prices for new hoops.
4th of July Committee: Will meet in September.
Rutledge Girls’ Club: Finished for the season.
Trash: Daniel Werner encouraged residents to recycle to reduce the County trash disposal fee.
Sewer: Daniel Werner reported that the County submitted a draft of its Act 537 Sewage Plan for review and approval by resolution/ordinance. Approval of the plan would mean that the Borough agrees to pass a private lateral inspection at the time of sale ordinance. Realtors are against the ordinance.
Tree Commission: Marie Govannicci stated that the Committee has done a nice job of maintaining the flowers and shrubbery that was planted at the Triangle Park.
Highway: David Waltz reported that the road work has started on Unity Terrace to install curbing. Unity Terrace and Waverly Terrace will be shut down. Waverly Terrace needs to have 7 inches of road removed from the surface. Diane McGaughey stated that the school districts should be notified of the construction.
Code Enforcement Officer: Harry Mirra distributed a letter to Council that stated that the property maintenance issues at 7 Rutledge Ave. have been completed satisfactorily, and the court date of October 1, 2013 can be cancelled, if Council wishes.
The garage at 137 Sylvan Ave. will be taken down.
Mayor: Kevin Cunningham reported that parking permits will not be issued during road construction. The “No Parking†on the avenues will be suspended until road repairs arecompleted. Mr. Cunningham got complaints because there was no hazard tape put on the construction site, so he bought some and put it up.
There is an electronic recycling event on September 7, 2013, from 12PM to 2PM. A leaflet will be distributed to residents.
Mayor Cunningham will officiate his first wedding in September.
Solicitor’s Report: Solicitor Robert Hunt reported that the proposed ordinance for parking has been advertised and may be voted on at the September 9, 2013 Council Meeting.
Their was a hearing on August 14, 2013 regarding the property maintenance issues at 7 Rutledge Ave. that was continued. Harry Mirra inspected the property and is satisfied with the repairs/corrections. Solicitor Hunt will write a letter to the Judge to withdraw the citation. Solicitor Hunt stated that the Waltz family was instrumental in getting the issues corrected.
Barking dog issues-Mayor Kevin Cunningham got a report from the Swarthmore Police of animals complaints in the Borough from 1994 to the present. There is a total of 150 animal complaints, 15 regarding barking dogs, and 5 were on Sylvan Ave. Residents are encouraged to call 911 when the dogs are barking, so the Police can compile a list of incidents. 911 is the only way to contact the Police, and is not for emergencies only.
Old Business: The Community Wide Yard Sale is on Saturday, September 7, 2013. The electronic recycling event will be the same day from 12PM-2PM.
David Waltz reported that the Fire Company will not sell hot dogs at the yard sale this year. Marie Govannicci will see if the 4th of July Committee would like to sell hot dogs.
New Business: Nothing to report.
Public Comment: Scott Waltz, Morton PA, presented a letter to the Solicitor from Nancy Waltz of 7
Rutledge Ave., that states that he is authorized to act on her behalf. Â Mr. Waltz noted that he is listed as Fire Chief on the Borough website. He no longer holds that position.
Mr. Waltz stated that 90% of the requested repairs/remediation at 7 Rutledge Ave. was completed. At Court on August 14, 2013, Nancy Waltz’s public defender was handed a letter from Chili’s Inspection Services regarding the garage that states it must be “removed immediatelyâ€. The letter is dated 07/23/13. Mr. Waltz spoke with Tim Durham, who states he was told not to send the letter to the homeowner, but to send it to Council. Mr. Waltz stated that the notification process outlined in the ICC has not been followed. Former Solicitor Guy Smith stated in the past that the Code Enforcement Official has the right to go on properties without the homeowners’ consent. Ms. Waltz was not notified that someone was going to be on her property. Solicitor Hunt stated that no one was on her property; it was observed from a car in the street.
Tamara Waltz, Havertown, PA , daughter of Nancy Waltz, stated that her mother was not given notification that her garage was inspected, and was given a letter regarding it on August 14, 2013, after the fact. Ms. Waltz is disturbed about the process of the Borough. Ms. Waltz asked if the matter was brought before a Committee before it was acted upon. She has reviewed the Borough Meeting Minutes and has found no reference to the letter.
Scott Waltz called Chili’s Inspection Service and was told that Diane McGaughey wanted him to look at the garage, and drove through the Borough with Mr. Durham, and noted properties that needed work done. Mr. Waltz stated that he found 10 properties in the Borough that have property maintenance issues. Mr. Waltz stated that the Borough seems to be going after aesthetic issues rather than property maintenance issues.
Tamara Waltz asked why the garage does not have a condemned sign on it; she is questioning the process. Ms. Waltz stated that this is tantamount to harassment and stated this is unethical behavior because decisions are being made outside of a formal Council Meeting that should not be made. Solicitor Hunt explained that the Borough is trying to work with Nancy Waltz on the garage issue, and has addressed the property maintenance issues in steps. Diane McGaughey stated that business can be discussed and decisions made at a public meeting. The Work Sessions are usually not open for public comment.
Dorie Behmke, 2012 E. Sylvan Ave., stated that she would like clarification on barking dogs. She called the police, who told her that there was nothing they could do. Mayor Cunningham stated that he spoke with Chief Craig, who stated that the police be called if it is an ongoing event. The police office must hear the dogs barking. A history must be established so that a citation can be issued. Marie Govannicci stated that the police want residents to call 911. There is no other way to contact the police, and it is not for emergencies only. Council cannot address the issue unless the police are called. The Borough pays a lot of money to the police to deal with issues such as this. Ms. Behmke stated that she does not want the dog owners fined. She would like a warning letter sent to have the dogs stop barking.
David Waltz stated that 206 Linden Ave. is going up for sheriff sale on September 20, 2013. The Tax Collector should check to see if there are outstanding taxes and sewer and trash fees.
Brian Costello thanked the Waltz family for coming to the meeting. Situations like this can be difficult because of emotions and feelings, and the matter will not be pushed aside. Council needs to deal with perception and reality and will take their input as valid. Daniel Werner stated that he appreciates the Waltz family’s concern for their mother, and that they handled themselves well. Council needs to look at its procedures and if things were done that are perceived as unethical, they will be addressed. Mr. Waltz has a valid point about other properties’ conditions, and appreciates t+he family coming to the meeting.
Since there was no further business, the meeting was adjourned at 8:36 PM.
Submitted by: Gennifer Guiliano, Secretary