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The Ridley Park Borough Council met in regular session on the above date in the Community Room of the Ridley Park Borough Hall. Council President Joe Yorke called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
The meeting was opened with the Pledge of Allegiance led by President Joe Yorke.
ROLL CALL
Council members present: Mr. Artese, Mr. Berger, Mrs. Frantz, Mrs. Lamb, Mr. Miccarelli, Mrs. Smith, Mr. Yorke and Mayor Eberle. Also present was Mrs. Bradley, Borough Manager/Secretary. Police Chief Byrne, Engineer, Charles Catania, Jr., Solicitor, William Lincke were absent.
APPROVAL MINUTES
Mr. Miccarelli made a motion to approve the minutes from November 18, 2008, seconded by Mr. Berger.
Carried 7-0
Mr. Yorke stated that before the Committee Reports, Mrs. Bradley has an announcement.
Mrs. Bradley announced that late this afternoon she received information from the DCED that the Borough has received $886,000.00 for the RACP grant reimbursement.
COMMITTEE REPORTS
FINANCE/PERSONNEL – COUNCILOR JEANNE FRANTZ (COPY ATTACHED)
FINANCE/PERSONNEL
Account Payables
Solid Waste Authority/Letter in Support of DCAB
RECREATION
Barnstormers
Recreation Board
Vacancy
Tot Lot
Ice Maker
SCHOOL BOARD
Mrs. Smith made a motion to accept the Finance/Personnel Report, seconded by Mrs. Lamb.
Comments from Council:
Mr. Yorke commented that the budget is the main issue of the finance committee and that would be discussed later during the meeting.
Mr. Yorke commented that last week he was asked by Mr. Artese about Council Brief Newsletter,, specifically regarding the Borough’s one million dollar deficit occurring over the last seven years. Mr. Yorke responded that he received the information from the auditor’s report, and stated that the Borough has been in deficit spending for the last seven years. He stated that it included $192,000.00 last year and it also included $300,000.00 that was overspent last year but wasn’t included in the report because the Borough had a loan to do improvements in the Borough Hall the auditor’s only counted it as $192.000.00 deficit and not a 492,000.00 deficit. He stated that in addition there was another $70,000.00 worth of bills that were spent in December that was passed onto this years’ budget. He stated that the Capital Reserve maximum figure was $650,000.00 and it’s now down to approximately $24,000.00. He stated that there are different times throughout the years where money was budgeted and this budgeted money was to go to the Capital Reserve never went there and the Capital Reserve was depleted.
Carried: 7-0
PUBLIC SAFETY – COUNCILOR LINDA SMITH (COPY ATTACHED)
FIRE DEPARTMENT (COPY ATTAHED)
Chief Donkin’s Report
Chief Donkin reported that Jim Eckenrode is at home and doing very well. He stated that Jim has attended the teen dances and has gone Christmas shopping.
POLICE DEPARTMENT (COPY ATTACHED)
In the absence of Chief Byrne, Mrs. Smith presented his report.
Chief Byrne’s Report
Part-time Crossing Guards
BOARD OF HEALTH
Meeting held December 3rd, 2008
BUSINESS ASSOCIATION
Christmas Party – December 6, 2008 – Springhaven Country Club
Santa Comes to Town – Sunday, December 7th
SENIORS
Mr. Miccarelli made a motion to accept the Public Safety Report, seconded by Mrs. Frantz.
Comments from Council:
Carried: 7-0
PARKS & PROPERTY – COUNCILOR DORIS LAMB (COPY ATTACHED)
HIGHWAY
Mrs. Lamb stated that Mrs. Bradley received a letter at Borough Hall from Mr. Olander and her to read it. (COPY ATTACHED)
Leaf Collection
Salt Spreader
Holiday Decorations
Fountain Removed from Lake
Seminar – Lining of Sewers
SHADE TREE COMMISSION
Footpath
ATHLETIC CLUB
Update
PROPERTY
Borough Hall Renovations
PennDot – PA Community Transportation Initiative
CDBG Grant for Historic Preservation
ATHLETIC CLUB
Announcements to date
Mr. Berger made a motion to accept the Parks & Property Report, seconded by Mrs. Smith.
No Comments from Council.
Carried: 7-0
HISTORIC COMMISSION/COMMUNITY RESOURCES COUNCILOR BOB BERGER
COMMUNITY RESOURCES
Community Resource Committee - Update
Mr. Berger reported that there are vacancies on the Historical Commission that meet on the third Wednesday of every month.
H.A.R.B.
Mr. Berger announced that H.A.R.B. has completed the informational packet and is ready to be mailed.
HISTORICAL SOCIETY
Mr. Berger stated that the Holiday House Tour went very well and he thanked all the volunteers for their hard work.
Mrs. Smith made a motion to accept the Historic Commission/Community Resources report, seconded by Mrs. Frantz.
Comments from Council:
Mrs. Frantz asked if Mr. Berger was going to offer an update on the Community Resource Committee efforts.
Mr. Berger responded that the committee is working on the recycling bins. He stated that they are going to get 500 containers and should be available to residents on April 1st.
Carried: 7-0
COMMUNICATIONS – COUNCILOR PERRY ARTESE (COPY ATTACHED)
Franchise Fees
PA Museum & Historical Commission
Website
Mrs. Smith made a motion to accept the Communications Report, seconded by Mrs. Lamb.
No Comments from Council.
Carried: 7-0
PUBLIC RELATIONS/LIBRARY – COUNCILOR NICK MICCARELLI
Before giving his report, Mr. Miccarelli thanked Mr. Artese and Mr. Yorke for their kind words.
LIBRARY (COPY ATTACHED)
PUBLIC RELATIONS
Ridley United Soccer – Request of Delco to Split Cost of Application
FEDERAL AVIATION
Mr. Miccarelli reported that the FAA put a plan on the table which was discussed at last month’s meeting. He reiterated that the FAA was indicating that they would take the second ward of Tinicum and make runways and move the UPS facility. He read a quote from the Delaware County Times newspaper stating “in its present form the plan would displace a least 72 residents and 3,300 jobs from Tinicum and a relocation of the UPS facility.” Mr. Miccarelli stated that the meeting was held with Mayor Nutter and with representatives from Tinicum and the County. He stated that the city is very serious about moving this plan forward and that everyone understands the severity of this matter. What will happen if the FAA takes over an entire area of one of our neighboring municipalities? Mr. Miccarelli commented that the city of Philadelphia and their disinterest in having air traffic over the northeastern part of their city. He stated that the city of Philadelphia has the Northeast Philadelphia Airport which is largely undeveloped. There is an ordinance in place in the city that prevents commercial flights from landing at the Northeast Philadelphia Airport. The ordinance is the only reason that is standing in the way of developing the Northeast Philadelphia Airport. Mr. Miccarelli stated he believes that is the solution of another airport as opposed to the further expansion of the Philadelphia Airport. He stated that on all levels there is bipartisan opposition to this plan. Senator Spector is republican, Congressman Sestak is a democrat, Representative Lentz is also a democrat, are opposing this measure from both sides of the aisle and Borough Council are of different parties but the one issue that brings us to together is that we all understand what a major catastrophe this would be for our community. Mr. Miccarelli stated asked all elective officials to come to a meeting in January to sit down and form a working group together to come up with a comprehensive plan using all our resources to stop this plan.
Mr. Miccarelli commented on Mr. Orlander’s letter. He stated he was informed by Council President Yorke that the Borough has donated allocated funding for the pedestal for the memorial plaque. Mr. Miccarelli said he had the plaque in his possession and would deliver it to the Borough Hall within a few days.
Discussion Followed
Mrs. Smith made a motion to accept the Public Relations/Library report, seconded by Mrs. Frantz.
Comments from Council:
Mayor Eberle commented that when the FAA held the meeting in Tinicum he as the Mayor representing council and the residents of Ridley Park voiced our objections to removal of homes and jobs.
Mrs. Smith commented that a letter of support was sent from Ridley Park to Tinicum.
Mayor Eberle stated that airlines are trying to get more attention and they are trying to cut back on the number of flights. They have significantly reduced the number of flights throughout the US. They feel with the change and the drop in the cost of fuel that the airlines will continue to see that this is an effective way run the airlines and that it is profitable and that they will be scheduling fewer and fewer flights in the future. He stated that when the FAA talks about capacity enhancement, then why do they need to do this at all if there are going to be fewer and fewer flights?
Mr. Miccarelli commented that Resolution No 21-2008 requesting the granting of a proxy vote is misnumbered. It should be No. 22-2008.
Carried: 7-0
PLANNING AND ZONING – COUNCIL PRESIDENT JOE YORKE
PLANNING AND ZONING (COPY ATTACHED)
307 W. Sellers – Land Development
Mr. Yorke reported that the developer has granted 90 day extension so that the developers, engineer and solicitor could reply to the comments of the Borough’s Engineer concerning site plan and drainage plan revisions. He stated that Council would not act on these plans until these comments are satisfactory to the Borough’s Engineer and Solicitor. Borough Council has until the February Council meeting to vote of these plans unless an additional extension is granted by the developer.
Zoning Code Revision – Planning Commission to Meet 12/17/08
Mr. Yorke reported that proposed Zoning and Zoning Map Revisions were discussed at the Planning Commission meeting on November 26th. Comments made from the County Planning Commission were addressed. Electronic copies of the June 23rd revision were sent to Council and the Ridley Park Planning Commission, and will be discussed at the Planning Commission meeting tomorrow night Wednesday, 17th at 7:00 P.M. in the Borough Hall. He announced that the public is welcome to attend and comment on the revisions. Copies of the Zoning Code and Map are available at the Borough Hall.
Zoning Hearing Board
611 N. Swarthmore – December 11,2008
Mr. Yorke reported that the Board met on Thursday, December 4th to discuss the appeal of Geno Verone of current violations for operating an impound lot at 611 N. Swarthmore Avenue. The Board voted unanimously 5-0 to deny the use of the impoundment lot on the premises. He stated that Mr. Verone withdrew his other appeal for a special exception and variance. Mr. Yorke stated that he believed that the Borough is no longer impounding cars there but Ridley Township is impounding cars there.
Ridley United Soccer Club – January 8, 2009
Mr. Yorke reported that the Zoning Hearing Board will meet on January 8, 2009 at 7:00 P.M. to hear an application to put lights on Catania Field behind the new police station. He explained that the appeal is to provide lights 45 feet high and at a later date 70 feet high. He stated that the residents of Collier Circle were notified of the meeting.
Mr. Yorke thanked Elaine Hamilton for her many years of dedicated service on the Zoning Hearing Board for over 20 years. He stated that Elaine cannot make the meeting on regular basis.
Code Enforcement
Mr. Yorke reminded everyone that they need to obtain a permit before street trees are pruned or cut down. He stated that the permit would be reviewed by the Shade Tree Commission to insure that the proposed work on the trees is acceptable. Failure to obtain a permit may result in a fine. He announced that permit application can be obtained online.
Mrs. Smith made a motion to accept the Planning and Zoning report, seconded by Mrs. Frantz.
Comments from Council:
Mr. Berger commented in reference to the light project at Catania Park corrected Mr. Yorke stating that the lights are 35 feet high and not 45 feet high. Mr. Berger commented that the funding for the 75 foot lights is a long way down the road. Mr. Berger asked about the letters to the residents on Collier Circle.
Mr. Yorke responded that the letters were hand delivered.
Mr. Artese inquired as to where Ridley Park Police are presently impounding cars.
Mr. Yorke said he didn’t know but Mrs. Smith state she believed there is a person in Glenolden or Tinicum that tows the cars at the request of the Ridley Park Police.
Carried 7-0
BOROUGH ACTIVITY
BOROUGH MANAGER’S REPORT –TERRY BRADLEY (COPY ATTACHED)
Status of Grants and County/State Relief
Street Sweeper
RACP
Wood Burning Stove
Firehouse Roof
Resolution – Open Records Act
Recommendations – DVIT Group General Liab Insurance & Workers’ Comp
Letter to Scott MacNeil – Delaware County Association of Boroughs
Letter from Resident – Mr. Olander
Mrs. Bradley responded to Mr. Olander’s questions regarding not having the Borough Solicitor and Engineer at the Council meetings. She stated that over this past year the Engineer would have cost the Borough at each of the meetings $2,400.00 if the fee remained at $200.00 per meeting and the Borough Solicitor averaging 3 to 4 hour per meeting would have cost the Borough $7,200.00 for the year. Bring the total of both professionals to $9,600.00 which is a $10,000.00 savings over the year.
Mrs. Frantz made a motion to accept the Borough Manager’s report, seconded by Mrs. Smith.
Comments from Council:
Mr. Berger challenged Mrs. Bradley regarding the Borough Solicitor’s year to date cost. He stated that it cost $30,000.00 for the year and the Borough Solicitor only attended the January and February Council Meetings and the budget for the solicitor is $17,000.00. How did it double?
Mrs. Bradley stated it would have been $37,000.00 because it would have been an additional $7,000.00 at the meeting. Mrs. Bradley explained that every time there was a land development project the solicitor had to review those plans. If there was an issue on the Zoning Hearing Board and the solicitor was called to attend those meetings, there was a charge. There was a charge for the FOP grievance and every time the Zoning Board Code was reviewed there was a charge. She stated that the solicitor is not charging for attending the meetings. They are charging for legal opinions, drafting, property assessment, tax assessments and drafting letters.
Mr. Berger stated that is normal business, how is the Borough going to keep the cost at $17,000.00?
Discussion followed among the councilors
Mr. Artese asked Mrs. Bradley where we are with the new financial system and how is proceeding.
Mrs. Bradley stated that we are not on the new system yet it would begin of January 1st. She stated that there has been training on the payroll and accounts payable system. Final training will be December 22nd. Mrs. Bradley stated that at the end of the month we are going to run a tandem payroll with the PayChex Company because of January 1st the Borough would not be using them. She stated that January 2nd is the first pay period of the new year that would be the checks cut on the new system. Mrs. Bradley stated it is going very well.
Mr. Artese asked is the hardware installed.
Mrs. Bradley stated that the hardware is going to be installed next Monday. The main computer that is being used has the entire hardware program.
Mr. Yorke thanked Mrs. Bradley for looking into the insurance.
Carried: 7-0
ENGINEER’S REPORT – MR. CHARLES CATANIA, JR.
(COPY ATTACHED)
In the absence of Mr. Catania, Mrs. Bradley presented the Engineer’s Report.
Borough Hall, Athletic Club, Library Renovations
Payment Certificates – Recommendations
Ridley Park Lake Sediment Basin Maintenance
PA Dept. of Environmental Protection – Approval received.
PA Fish Commission Drawdown Permit – Approval received.
Pre-Construction Meeting
Street Restoration Standards
Updated Standards – Recommendation
Ridley Park Lake Dam
Annual inspection performed
Pennsylvania Community Transportation Initiative Grant
Application Deadline- December 15, 2008
Mr. Miccarelli made a motion to accept the report, seconded by Mrs. Smith.
Mrs. Lamb stated that the dredging of the lake would begin the Monday after Christmas and that the Borough saved money by waiting for cold weather.
Mr. Yorke commented that when the transportation grant is accepted for the reconfiguration of the streets at Hinckley and Swarthmore that it would make the intersection safer
Mr. Artese asked if this was a design that came from the Revitalization Plan.
Mr. Yorke stated that he believed it is and that Mr. Catania was instrumental by applying for the grant.
Discussion Followed
Carried: 7-0
MAYOR’S REPORT – MR. EBERLE
Mayor Eberle before presenting his report wanted to make a comment on the Capital Reserve. He stated that it sounded like the previous Council spent the money for no reason at all. He stated that he remembers it regarding the police station for construction purposes it was approximately 1.3 million dollars and the grant covered 1 million. He stated that the grant left the Borough 3 hundred dollars short. He explained that it was discussed at a Workshop meeting that left Council with two options. Either take the 3 hundred from Capital Reserve or borrow. He stated that Council decided to draw down on the Capital Reserve and it was voted upon at a public meeting. Mayor Eberle explained that if the Borough didn’t take this course then we couldn’t start construction on the new police station.
Discussion Followed
Mayor Eberle attended an Eagle Scout meeting in October where Luke Massa was inducted as an Eagle Scout. He stated that he presented with a Certificate of Achievement on behalf of Borough Council and the residents of Ridley Park. He explained to achieve the rank of Eagle Scout is a major achievement and requires a lot of work and dedication. Mayor Eberle congratulated Luke on his accomplishment. He noted that Luke Massa and Eric Emory were commended students of the 2009 National Merit Scholarship Program. They were in the top 5% of more than 1.5 million who entered the competition.
Mayor Eberle paid tribute and reflected on Charles Miller who was a police officer for 42 years and the Chief of Police for 22 years in Ridley Park before retiring in 1991. Mayor Eberle stated he moved into Ridley Park in 1951, and as Police Chief, made contributions to Ridley Park providing the residents with safety and security.
Mayor Eberle paid tribute and reflected on Tina Lincoln a crossing guard for Ridley Park. He stated that Tina stood on the corner of Ridley Avenue and Trainer Street for 12 years and retired in 2006. He stated Tina looked after all her children and always had a big smile.
Mayor Eberle paid tribute and reflected on Police Officer Mikalaycjzyk who was a police officer 21 years for Ridley Park.
Mayor Eberle acknowledged Marie Wissing celebrating her 68th wedding anniversary with her husband Albert. He also stated that Mrs. Wissing has been a volunteer at Taylor Hospital for 30 years and noted that is 3500 hours of volunteer service!
Mayor Eberle reported that he attended the Ridley Park Business and Professional Association Dinner. He stated it was very well organized and attended and that there were no speeches! He stated that it was a very enjoyable event.
Mayor Eberle reported that Santa’s arrival to Ridley Park has been a tradition of the Borough since 1961and it is a great success. He stated that the weather wasn’t cooperative but there was a good turnout.
Mayor Eberle reported that he went on the Holiday House Tour. He stated that the Holiday House Tour originally stated with the tour of the Barnstormers building. Mayor Eberle stated that he started at 3:30 p.m. and didn’t finish until 6:00 p.m. but it was a beautiful event. He commended the Ridley Park Historic Society did a wonderful job.
In closing, Mayor Eberle stated that he didn’t believe it is the holiday season. He believes in the fact that it is the Christmas Season. He stated that it is a difficult season for people because of the economic situation and unemployment but there is a positive side. He explained many people aren’t working but there are people that are working and receiving a pay check. He stated that there are articles in the newspapers regarding families who need help and receive help with contributions of gifts, clothing, food and monetary donations. He mentioned a great gift is spending time to listen to someone who is burdened. That is something positive for an individual by taking the time to listen. We should all remember the meaning of Christmas and that the greatest gift is free. On behalf of Council and himself wished all the residents a Merry Christmas and Happy, Health and Prosperous New Year!
Mr. Berger made a motion to accept the Mayor’s Report, seconded by Mr. Miccarelli.
No Comments from Council
Carried: 7-0
2009 BUDGET PRESENTATION – BOROUGH MANAGER (COPY ATTACHED)
Resolution – Tax Anticipation Note
Resolution – Sewer Charge
Resolution – Trash Collection Charge
Resolution – Millage 2009
Ordinance 1181 – Real Estate Property Tax 2009
Mrs. Frantz made a motion to accept the 2009 Budget Presentation, seconded by Mrs. Lamb.
No Comments from Council
Carried: 4-3
PUBLIC COMMENT
Bill Applegate, 300 Trainor Street
Mr. Applegate commented that the Council Chambers look great! Mr. Applegate asks Mr. Miccarelli if Philadelphia passed an ordinance, why can’t Delaware County do the same.
Mr. Miccarelli agreed and explained that the Judge would have to stop work at Philadelphia Airport.
Discussion Followed.
Mr. Applegate asked about Verone’s Collision application for a variance.
Mr. Yorke responded that a permit had been denied because it wasn’t zoned for that use. He explained it would be spot zoning to allow it. Mr. Verone had three different requests. When he was turned down on his appeal for citations, he withdrew all other applications. He does not presently have a request in for a variance.
Tim Devany, 328 Park Street
Mr. Devany commented that Mr. John Purcell’s presentation at last Council meeting was ridiculous and he proceeded to respond to Mr. Purcell’s comments.
Mr. Miccarelli interrupted Mr. Devany and asked as a point of order to Mr. Yorke, in some of the other public comments that Council has had there is generally a question being asked of Council. He stated that Mr. Purcell’s comments before were extensive and were formed in the matter of questions for Council and Mr. Applegate has also had questions. Mr. Miccarelli wanted to know the rules of public comment.
Mr. Yorke stated that since Mr. Purcell commented on Mr. Devany who is a member of the Shade Tree Commission and did not comment on the Commission but as an individual, he thought Mr. Devany had a right to defend himself.
Mr. Miccarelli stated that Council would have to give Mr. Purcell a rebuttal and that public comment should be in a form of a question to Council. He stated that he understood what Mr. Yorke was saying but request to make this the last one.
Discussion Followed
Mr. Yorke asks Mr. Devany to continue.
Brian Reilly, 121 Baldwin Street
Mr. Reilly asks if the solicitor for 307 Sellers Avenue has been reimbursed.
Mr. Yorke responded, yes and stated they have a recent submittal. The solicitor submitted bill and so did the Borough Engineer. Mr. Yorke stated that the last submittal has been paid.
Mr. Reilly had concerns regarding 307 Sellers Avenue. He stated 307 Sellers Avenue isn’t responsible for $30,000.00.
Mrs. Bradley explained that a traffic design specialist and the solicitor were reimbursed by the developer. She stated that the $30,000.00 reflects the entire amount without reflecting the deductions.
Mr. Reilly stated that he understood that 307 Sellers Avenue was given another extension and asked how many extensions were there in 2008. How many months were the extensions and who was the requester for those extensions.
Mr. Yorke stated approximately three extensions in 2008 and 90 days is the standard extension. The developer requested an extension and the Borough also requested one.
Mrs. Bradley explained that the developer wanted their engineer to respond to what the Borough engineer and the solicitor had commented on the most recently submitted plans. She stated that Mr. Yorke said that it was unacceptable that Council has to review a report that directly addresses what the Borough Engineer has said item by item.
Mr. Reilly asks what the deadline for submitting to the Planning Commission is.
Mr. Yorke explained the procedure for submitting to the Planning Commission.
Steve Keeney, 101 Baldwin
Mr. Keeney stated that he had a copy of the engineer’s report and there are 15 items that are under zoning for the 307 Sellers Avenue project. He asks does this mean he has to go through Zoning Hearing Board to answer these questions.
Mr. Yorke stated what he recalled that he said the Zoning Solicitor should review the plans and that was the area of someone else’s property. Mr. Yorke stated that the Borough’s Solicitor said that would not be a zoning issue.
Mr. Keeney presented an example that the person who purchased the property that had a backyard and now doesn’t do not have the proper setbacks. He stated that would go to zoning for the setbacks because that is a zoning issue.
Mr. Yorke stated that according to the Zoning Solicitor it wouldn’t go to Zoning.
Discussion Followed
Mr. Yorke stated he would look into the matter and let Mr. Keeney know what the solicitor opinion is.
Steve Valerio, 231 Henderson Avenue
Mr. Valerio stated that he understood that the Borough is hiring another person as an assistant for what position.
Mr. Yorke responded that it is in the budget to hire an assistant administrator.
Mr. Valerio wanted to know why the Borough would need an assistant administrator if there isn’t any money.
Mr. Yorke stated that it is a budgeted item.
Discussion Followed
Mrs. Frantz commented that she didn’t know when she came into the Borough to work and Mr. Poole commented to her that he didn’t have a secretary. She explained that Charlotte is consumed with doing payroll that are not directly assistant management and Chris does the accounts payable. Mrs. Frantz explained that it takes someone to investigate and check out many details before a decision can be made..
Mrs. Bradley stated that the staff works hard and that she is being paid less this year than the Borough Manager is slated to be paid and next year she has given up her increase in salary in large part to save the $10,000.00 and put it towards getting an administrative assistant. She explained it is an increase of $14,000.00 in salary in exchange for the increase she is giving up, an extra pair of hands to help supervise. Mrs. Bradley stated with the staff is around the corner with the possibility of retiring. What would the Borough do if both decided to retire at the same time?
John Purcell, 214 Rodgers Street
Mr. Purcell asks Mrs. Bradley for a final number of the millage increase.
Mrs. Bradley responded $74.00, a 0.74 increase and a percentage increase of 7.109. She stated that last year was 6.369.
Mr. Purcell asks Mr. Yorke questions regarding the million dollars. Mr. Purcell commented that it is a big round up to a million.
Mr. Yorke said that the figure is for last year and explained where the 1 million dollars is from.
Mr. Purcell was given a copy of the auditor’s report.
Discussion Followed
Mr. Purcell speaking as a resident stated the budget is a very complex and confusing and it is deceptive the way it was presented and the residents deserve a straight answer.
Mr. Yorke totally agreed.
Mr. Purcell was saddened of the passing of Tina Lincoln the crossing guard. He commented that at the intersection of Swarthmore and Dupont Street there are no crossing guards. Mr. Purcell requested that someone look into the matter.
Mrs. Smith responded and stated that she spoke to Mrs. Hyland who schedules the crossing guard. Mrs. Hyland had no idea that no one was on the corner at Swarthmore and Dupont.
Mr. Purcell suggested that someone check the corners in the morning but believes the crossing guards are on the corner at 7:30 A.M.
Mr. Purcell thanked Mrs. Lamb for having the fountain removed from the lake.
Mr. Purcell commented on the hiring of an office assistant at the cost of $24,000.00. He understood that the money is in the budget but all he heard during the Council meeting was regarding cutting cost. He stated by hiring an office assistant the Borough is adding cost. He stated that past Councils have cut positions and outsourced jobs. Example: Code Enforcement and Building Inspections.
Mr. Yorke stated that the Borough is not hiring another code enforcer but there are jobs in the Borough that need to be done. He stated that there was no one in the office to oversee the filing of the recycling grant was filed and the Borough lost $6,000.00.
Mrs. Bradley stated that a councilor should not be in the Borough Hall everyday having to do all the secretarial work.
Mr. Artese commented that it is time to move on regarding the files in the corner of an office and things that weren’t filed.
Discussion Followed
Mr. Purcell commented on reimbursement for land development money of $30,000.00. He stated that if it is not $30,000.00, then what is it?
Mr. Yorke explained by looking at the expenditures and look at the revenues. Mr. Yorke stated he would look into the issue.
Mr. Purcell commented on Mr. Artese’s comment on the intersection design at Swarthmore and Hinckley Avenue. He stated that the project was headed by Mr. Artese. Mr. Purcell wanted to know if Mr. Artese ever had the opportunity to see or what was being submitted by the Urban Partner’s Plan.
Mr. Yorke stated that everyone is getting the information and it’s all being shared with the different committees and discussed at Workshop.
Mr. Artese commented that the only thing that he received regarding any kind of redesign was all based on the continuation of the Revitalization Project. He stated that there was no discussion regarding the new scope of what he is hearing.
Mrs. Smith stated that Charles Catania, Jr. filled out the report but Mrs. Smith didn’t know what it was and called Mr. Catania. She wanted to know if it had anything to do with the Renaissance Program. Mr. Catania stated that it had to be filled out immediately because it had a date of December 15th.
Mr. Artese stated that Council as a whole is not informed and this is not the way to conduct business in Ridley Park. When major plans come up for design and consideration, Council should not be doing this at the last hour. Mr. Artese responded to Mr. Purcell and stated that some on Council was not informed about this project.
Discussion Followed
Mr. Purcell asked has Kearney Place been resolved.
Mr. Yorke explained Mr. Damon has looked at it and filed a report with the Borough. The Borough Manager, along with some Councilors, are to go over with the developer to see about the details to be completed in order to get the street dedicated.
Mrs. Bradley stated that it is scheduled for tomorrow. Mrs. Bradley would be going with zoning and the developer to figure out what has to be done in order to dedicate the street.
Discussion Followed
Mr. Purcell responded to the personal attack by Mr. Devaney.
Mr. Artese addressed Mr. Purcell and stated he had asked Mr. Yorke in the Ridley Park Borough report he stated that the Capital Reserve Fund exceed a million dollars seven years ago and that is what he was asking Mr. Yorke to clarify. Mr. Artese didn’t know how all the deficits got wrapped up altogether. We were talking specifically about the balance in Capital Projects/Reserve Fund. He stated seven years ago the balance was 639,000.00 not a million dollars as Mr. Yorke stated.
Mr. Yorke responded that it was budgeted to go into the Capital Reverse but never found its way in there.
Mr. Artese stated that he offered Mr. Yorke a chance to correct it and Mr. Yorke did make an attempt but it all got mixed together with the million dollar deficit.
Cindy Robertson, 100 Brandon Road
Mrs. Robertson commented that it was said her porch is illegal.
Mr. Yorke responded and said it was built illegally onto someone else property. He stated that was before Mrs. Robertson bought the house years ago. The porch didn’t have the correct set back.
Mrs. Robertson wanted to know how far over the property line is it?
Mr. Yorke stated he couldn’t remember but it is on the developer’s plans.
All of Mrs. Robertson’s questions and comments were concerning the porch that was built illegal. At the end Mrs. Robertson requested to see updated plans.
Mr. Yorke stated he would get her a copy.
RECOMMENDATIONS (COPY ATTACHED)
FINANCE & PERSONNEL – JEANNE FRANTZ
Approve payment of the accounts payable list as submitted for the month of December, 2008, totaling $285,688.13, including quarterly sewer payment of $196,240.70 to the DCDA for November payment due.
Mrs. Frantz is the maker of motion, seconded by Mr. Miccarelli.
No Comments from Council
Carried: 7-0
Approve repayment of Tax Anticipation Note 2008 to TD/Commerce Bank in the amount of $414,121.11, which represents $400,000 debt service principal and $14,121.11 debt service interest accrued over 12 months.
Mrs. Frantz is the maker of motion, seconded by Mr. Miccarelli.
No Comments from Council
Carried: 7-0
Approve acceptance of proposed membership into the Delaware Valley Insurance Trust and its proposal for coverage under the General Liability Insurance coverage, including but not limited to Automobile Liability Coverage, Professional Liability for all elected and appointed officials of the Borough, Criminal Liability for all crimes committed against the Borough, in the amount of $104,729.00
Mrs. Frantz is the maker of motion, seconded by Mrs. Smith.
No Comments from Council
Carried: 4-3
Approval acceptance of proposed membership into the Delaware Valley Worker’s Compensation Trust and its proposal for full coverage of all eligible Borough employees in the amount of $45,000.00.
Mrs. Frantz is the maker of the motion, seconded by Mrs. Smith.
Comments from Council:
Mr. Artese asks Mr. Yorke is it the same organization or different organization.
Mrs. Bradley stated it is a different trust within the same organization.
Carried: 4-3
Approve payment for medical, dental and vision benefits, coverage provided to all eligible employees in 2009 by IBX Blue Cross and Blue Shield, and United Concordia in the fully subscribed amount of $433,656.000, which represents a monthly installment of $36,138.00.
Mrs. Frantz is the maker of the motion, seconded by Mr. Miccarelli.
No Comments from Council.
Carried: 7-0
Approve appointment of Special Solicitor Robert Scott for special projects, primarily the review of documents from DVIT and the Worker’s Compensation Trust.
Mrs. Frantz is the maker of the motion, seconded by Mrs. Lamb.
Comments from Council:
Mr. Artese asks for Mr. Scott’s fees for billing the Borough.
Mrs. Bradley stated that he would be billing at $125.00 as opposed to the current Borough Solicitor and his assistant at $150.00. Mrs. Bradley stated that she has copies of resume if anyone would like to take a look at them.
Mr. Miccarelli commented that it would have been nice to see the resume ten minutes before the vote.
Mr. Artese stated that he had commented on this before, that it is a little unusual the order that things are being conducted. We’re getting ready to vote and we are just getting his resume. He stated that this not acceptable practice.
Carried: 4-3
Approve denial of customary 3% increase in salary by Borough Manager in exchange for 5 additional days of vacation, 1 additional week of severance in the case of separation, and delivery of 2 cords of wood.
Mrs. Frantz is the maker of the motion seconded by Mrs. Lamb.
Comments from Council:
Mr. Artese asks 5 additional pays and that brings the total amount of day to …
Mrs. Bradley responded 25 days
Mr. Artese commented 25 days of total of vacation and in addition are we going to see a revised employment contract.
Mr. Yorke responded, yes
Mrs. Bradley stated that the present contract doesn’t expire until January 22, 2009.
Mr. Berger commented that he has a major problem delivering 2 cords of wood outside of the Borough. He stated that he didn’t understand this type of need.
Mr. Yorke responded that Ms. Bradley was foregoing a raise two years in a row and requesting firewood, which is of no cost to the Borough, as payment in kind.
Ms. Lamb stated that this had already been discussed at workshop.
Mr. Berger responded that he did not like the idea then, and he still did not like it.
Discussion Followed
Mrs. Bradley asked Mr. Yorke to eliminate that portion of the recommendation, as I t was not worth it.
The recommendations reads: Approve denial of customary 3% increase in salary by Borough Manager in exchange for 5 additional days of vacation, 1 additional week of severance in the case of separation.
Mrs. Frantz is the maker of the motion, seconded by Mrs. Lamb.
Carried: 4-3
PARKS & PROPERTY – DORIS LAMB
Authorize adoption of the Ridley Park Street Restoration Standards Specification, as recommended by the Borough Engineer, with specific attention to the following:
Street opened within 8 years of being resurfaced must be completely resurfaced (no patching); and
Street opened after 8 years still need to be half-width resurfaced if certain conditions are met (street was in good condition with no patches);
A contribution by the utility in lieu of actual restoration is permissible.
Mrs. Lamb is the maker of the motion seconded, by Mr. Miccarelli.
No Comments from Council
Carried: 7-0
Mr. Miccarelli stated that as a point of order to vote on the payment certificates together up to and including the second to the last recommendation. Approve Final Payment Certificate ….
Approve Payment Certificate #4 in the amount of $26,514.00 from Ellis Construction, which represents general construction work completed to date, less the usual retainage.
Approve Payment Certificate #5 in the amount of $9,685.00 from Ellis Construction, which represents general construction work completed to date, less the usual retainage.
Approve Payment Certificate #3 in the amount of $40,375.00 from Ellis Construction, which represents electrical construction work completed to date, less the usual retainage.
Approve Payment Certificate #4 in the amount of $9,120.00 from Ellis Construction, which represents electrical construction work completed to date, less the usual retainage.
Approve Final Payment certificate in the amount of $6,865.00 from Ellis Construction, which represents release of retainage for electrical construction work completed to date.
Approve Payment Certificate #3 in the amount of $23,750.00 from Ellis Construction, which represents mechanical construction work completed to date, less the usual retainage.
Approve Final Payment Certificate in the amount of $2,865.00 from Cronin North America, which represents release of retainage for roofing work done at the Ridley Park Fire House.
Mrs. Lamb is the maker of the motion, seconded by Mr. Miccarelli.
No Comments from Council.
Carried: 7-0
Approve letter to Delaware County Association of Boroughs in support of their request for explanation, information, and supporting data as relates to the recently imposed surcharge of $15.90 per ton per household for the year 2009, and $23,90 as of 2010 by the Delaware County Solid Waste Authority.
Mrs. Lamb is the maker of the motion, seconded by Mrs. Smith.
Comments from Council:
Mr. Miccarelli commented that he thought after the discussion at the Workshop meeting Mrs. Bradley was going to draft a letter questioning County Council on these issues. He stated that there was a consensus. He stated that what is in front of Council is that there was going to be no specific support of any organization, due to the issues that Council has brought up with some of their claims of legal violations.
Mrs. Bradley stated that the letter is not drafted to County Council. It is drafted to Scott McNeil who is the President of the Delaware County Association of Boroughs, and it serves as a request for more information.
Mr. Miccarelli stated that this is a letter that is in support of the Borough’s Association is saying that they believe the Solid Waste Authority is in violation of the RICO Act.
Discussion Followed
Mrs. Frantz stated that she attended the meeting to which Mr. Travis, Vice President of the Borough’s Association. He was highly regarded and was allotted a lot of time to speak and did not mention anything regarding the RICO Act. She stated that County Council would with the Borough Association and the other municipalities try to iron out these problems.
Mr. Miccarelli stated that he would support a letter not in support of this organization but asking the questions on behalf of the residents of Ridley Park. He stated that is what is fair and that is what was agreed upon and he didn’t understand why things were changed since then.
Discussion Followed
Mrs. Smith made a motion to table the recommendation seconded, by Mr. Miccarelli.
Comments from Council:
Mayor Eberle stated that it is the right thing to do because he stated that there are only a few municipalities involved.
Mrs. Frantz stated that the majority of the representation on the Solid Waste Authority is all Townships. She stated that there are no Borough representatives on the Solid Waste Authority.
Mr. Artese was this being recorded or did it go off the air.
Carried 6-1
RESOLUTIONS
RESOLUTION No. 17-2008 (COPY ATTACHED)
Establishing Policies to Comply with the Requirements of the Pennsylvania Open Records Act.
Mr. Miccarelli made a motion to adopt Resolution No. 17-2008, seconded by Mr. Artese.
No Comments from Council.
Carried: 7-0
RESOLUTION No. 18-2008 (COPY ATTACHED)
Tax Anticipation Note.
Mrs. Smith made a motion to adopt Resolution No. 18-2008, seconded by Mrs. Frantz.
Comments from Council
Mrs. Lamb thought the entire resolution should be read.
Mr. Yorke assured Mrs. Lamb that the preamble is acceptable.
Mr. Artese asks did Council survey a number of banks to get this rate.
Mrs. Bradley stated five other banks were asked but only two responded. She stated that M&T came with 3.8 with $200.00 of fees and TD Bank came in at 3.55 with 0 fees.
Carried: 4-3
Mr. Yorke asks if there were a reason for the negative votes.
Mr. Miccarelli stated he would discuss it under discussion.
RESOLUTION No. 19-2008 (COPY ATTACED)
Refuse Collection Charge 2009
Mrs. Smith made a motion to adopt Resolution No. 19-2008, seconded by Mrs. Lamb
No Comments from Council
Carried 7-0
RESOLUTION No. 20-2008 (COPY ATTACHED)
Sewer Service Charge 2009
Mr. Miccarelli made a motion to adopt Resolution No. 2-2008, seconded by Mr. Artese.
No Comments Council
Carried: 7-0
ORDINANCE NO. 1181 (COPY ATTACHED)
Millage 2009
Mrs. Smith made a motion to adopt Ordinance No. 1181, seconded by Mrs. Frantz.
No Comments from Council
Carried: 4-3
Mayor Eberle commented wanted to sign (????something)
RESOLUTION No. 22-2008
Before reading the resolution, Mr. Yorke stated that there wasn’t enough time to review it.
Allowing a Proxy Vote for a member of the Borough Council being Deployed by Military Order.
Mr. Artese made a motion to adopt Resolution No. 22-08 Mr. Miccarelli.
Comments from Council:
Mrs. Lamb commented that a proxy vote is illegal of Borough Council. She stated that the Constitution of Pennsylvania requires a voice vote. Mrs. Lamb reference the book Guide to Borough Council Meetings.
Discussion Followed.
Mrs. Lamb made a motion to Table Resolution No. 22-2008, Mrs. Smith.
Comments from Council:
Mr. Miccarelli stated that the Guide to Borough Council Meeting book says “proxy votes are not allowed.” He stated that what it does not say is that someone cannot have their vote counted by something other than a voice vote. Mr. Miccarelli stated that the Borough needs a solicitor to tell us that there is no possible way under the State Constitution.
Carried: 7-0
UNFINISHED BUSINESS
None
NEW BUSINESS
Mrs. Frantz announced that the Recreation Board agreed to buy a new ice machine for the seniors.
ADJOURNMENT
Mr. Miccarelli made a motion to adjourn at 11:08 P.M., seconded by Mrs. Smith
Respectfully Submitted,
Terry Bradley, Secretary/Treasurer
Prepared by Christine Graham
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