CALL to ORDER - PLEDGE OFALLEGIANCE Moment of Silence

COLWYN BOROUGH COUNCIL MEETING MINUTES April 17,2014

7:00 p.m.

CALL TO ORDER - PLEDGE OFALLEGIANCE – Moment of Silence

ROLL CALL

Present

Mayor Michael BlueSolicitor John McBlain

Paula Brown – Borough Mgr.

Councilmembers Present:

Paul MeuserPatricia Williams

Frederick LesherJesse Brundage

Massa KamaraMartha Van Auken

Tonette Pray

Prior to the President opening the meeting – Councilmember Martha Vanauken called for a Point of Order. Point of Order was not recognized. As there was not a Motion on the floor, and no rules had been violated, there was no reason for a Point of Order. Point of Order was overruled. Meeting began:

PRESIDENT MEUSER’S COMMENTS:

“We are going to slightly go out of order tonight so we can get the business of Colwyn finished as it has been postponed for several months now.

“In order to get through our meeting smoothly, we will first have public comment as required by the Sunshine Act – only residents may comment at this time on matters that are before the board only.”

At this time, Councilmember Tonette Pray interrupted the meeting and stated that it wasn’t “true” that only residents could speak during the public comment portion. Mrs. Pray then continued to interrupt and state that the President was “stifling” her by not allowing her to speak during the public comment portion of the meeting for residents. President Meuser continued the meeting.

“We will then go into a series of Motions to vote on all pertinent matters first. After all motions are finished, we will then go into the Committee Reports. Council and audience – please do not divert away from the procedure as we MUST take care of business first. If you are ruled out of order, you will be given one warning and one warning only.

Mrs. Pray interrupted again and stated that it’s “3” warnings – that Resolution 12-1 states 3 warnings are given. No Resolution was produced or verified. President Meuser continued the meeting.

Mrs. Pray continued to interrupt and stated that “you cannot write a citation for Disorderly Conduct.” President Meuser continued the meeting and called for the Public Comment Portion of the meeting to continue. Mrs. Williams interrupted and stated that a solicitor was put in, and she pointed at Solicitor John McBlain and told him he needed to do his job, straighten out what’s going on and say what is right and what is wrong.

Solicitor McBlain explained that the President had called for Public Comment on Agenda Items only. Mrs. Pray interrupted again and stated that President Meuser’s call for public comment from residents only is wrong and he cannot “shut anybody up”. It was explained to Mrs. Pray that the agenda was being followed and she would have a chance at the specified time to give input.

Mrs. Pray would not accept the explanation and would not follow the agenda. She continued to address the solicitor even when told her comments are to be addressed to the President only. She refused to adhere. She continued to speak to the Solicitor and informed him that Freedom Of Speech allows her to speak. Mrs. Pray was again directed to follow the agenda.

Mrs. Pray refused to follow the agenda and stated she wanted to make an amendment to the agenda. The Solicitor referred her back to the agenda as it was the Public Comment portion for agenda items only. Mrs. Pray continued to interrupt the agenda and stated she did not have time to look at minutes. She then stated that the minutes have been posted on the website and have mistakes. Mrs. Pray was reminded that the minutes were distributed previously to council last week in their mailboxes but they did not pick them up. Mrs. Pray was also reminded that they are on the website as she stated in draft view until approved.

Mrs. Pray continued to interrupt the agenda and stated she was not consulted about the agenda and she wanted to put two items on the agenda. One to table the minutes until everyone read them and two – a personnel item. SolictorMcBlain reminded Mrs. Pray that we were in the Public Comment portion of the meeting.

PUBLIC COMMENT (one half hour – 5 minutes per person)

Mrs. Ruth Meuser spoke. She submitted a letter to Council (attached). She requested Council start an investigation on prior Borough Managers and NDI as they were doing jobs they were not appointed to do. Mrs. Meuser stated that the Borough is being sued because the company that performed the job of the borough manager, wants to be paid, but Borough Council never voted to hire a Borough Manager in 2013 through the company. Mrs. Meuser continued to state Council was not aware that the Engineering company was doing the office work and borough manager’s position. Mrs. Meuser then requested council to please follow the agenda and have a peaceful meeting without fighting. She also requested Mrs. Pray to turn off the light on Mrs. Pray’s video camera and stop pointing it at her as it was hurting her eyes. Mrs. Pray refused and kept shining the light from the video camera into Mrs. Meuser’s eyes.

President Meuser then began the Old Business section of the Council meeting and called for the following motions:

Motion to Approve the Minutes of 2-15-14 and 3-20-14 – Mrs. Pray interrupted and said she had a motion to amend the agenda. She then stated she wanted a motion to table the motion (the motion was not made yet). It was explained to Mrs. Pray that there was not a motion on the table yet so she could not call for a motion to table the motion if it wasn’t made. President Meuser then returned to the Agenda. Councilman Jesse Brundage made the motion to approve the minutes of 2-15-14 and 3-20-14. Councilwoman Massa Kamara seconded the motion. Councilwoman Pray made a motion to table, Councilwoman Vanauken seconded the motion to table. Voting to table the motion – Lesher, Kamara, Pray, Vanauken, Williams. Voting No – Brundage and Meuser. Motion carries 5-2
Motion to Approve the Bills - Tonette Pray interrupted the agenda again and said she had an additional motion which is a personnel matter which can only be an “up and down vote”. “Up and Down vote” is used in the US Senate to bring issues to the floor that have been stalled by a Filibuster. The President did not recognize her “up and down vote” – Mrs. Pray continued to argue. President Meuser then brought the meeting back to order and called for a Motion to Approve the bills. Mr. Brundage made the motion to approve the bills, seconded by Mr. Lesher. Mr. Meuser then called for questions on the motion. Mrs. Pray interrupted again and said she wanted to make a motion to table the bills because “nobody at this table has had an actual bill to see”. President Meuser then called for the roll call vote as there was not a second to Mrs. Pray’s motion. Mrs. Pray then nudged Mrs. Vanauken by the arm and Mrs. Vanauken then seconded the motion to table the bills. Motion to table takes precedence. Because of the confusion and arguing, Solicitor McBlain interjected and clarified that the motion is to table the bills and to call for a roll call vote. When Mrs. Kamara had a question for the President, Mrs. Pray disrupted the vote and would not keep quiet as the President ordered her to. Arguing continued and Mrs. Pray continued to ignore the President ruling her out of order. Mrs. Pray continued to argue causing much confusion. President continued to call for the vote - Voting to table the bills – Mrs. Pray, Mrs. Williams, Mrs. Vanauken, Mrs. Kamara. Voting against tabling the bills – Mr. Lesher, Mr. Brundage and Mr. Meuser. Motion to table the bills carried 4-3.

Borough Manager Brown reminded council that important bills, including court mandated would not be paid until the council meeting next month including the payroll for employees as well as the Indepence Blue Cross Health Insurance which is supposed to be paid 1 year in advance according to the Stipulation agreement because of Colwyn’s past irresponsibility with keeping health insurance premiums current for retired police officers. Mrs. Pray continued to interrupt. Borough Manager Brown asked Council to reconsider this vote so Colwyn would not be in contempt of court as well as paying the police officers. Mrs. Pray continued to disrupt.

Motion to Approve Colwyn Department housing prisoners at Sharon Hill Police Department made by Mr. Brundage, seconded by Mr. Lesher. Mrs. Pray put a motion to table on the floor seconded by Mrs. Vanauken. Arguments ensued with President Meuser bringing the meeting back to order. Voting for the Motion to table – Mrs. Williams, Mrs. Vanauken, Mrs. Pray. Voting against the motion to table – President Meuser, Mr. Brundage, Mrs. Kamara, Mr. Lesher. Motion failed 4-3. Motion to house prisoners at Sharon Hill Police Department was still on the floor – Mrs. Williams asked for discussion – she asked what the cost was. Borough Manager Brown reminded Council that information was given to Council at the last council meeting. Brown relayed the cost, Mrs. Pray interrupted and said she only wanted the answer from the President. President Meuser then deferred the answer to Borough Manager Brown again who had the figures. The figures were given again – Mrs. Pray continued to argue. Order was restored, motion continued. Voting for the motion to approve housing Colwyn prisoners in Sharon Hill – President Meuser, Mr. Brundage, Mrs. Kamara, Mr. Lesher. Voting against the motion – Mrs. Pray, Mrs. Vanauken, Mrs. Williams. Motion carried 4-3.

Motion to appoint Delaware County Animal Control – located in Colwyn as the Official Colwyn Animal Control company. – Mrs. Pray and Mrs. Vanauken questioned where is the contract. Council was reminded that they received the contract two months in February. Mr. Brundage made the motion, Mr. Lesher seconded the motion. Mrs. Pray started a discussion in the middle of the motion and attempted to interject that Council already had this service and it was called Delaware County Animal Protection Board. Solicitor McBlain explained this is a different service – that will transport animals. Discussion continued with Mrs. Pray stating “Government don’t start with ya’ll when ya’ll got sworn in. There was government gone on before ya’ll got here.” President Meuser reminded Mrs. Pray she was supposed to ask a question on the motion – not have a “discussion”. Mrs. Pray ignored President Meusers order to return to a question. President Meuser informed Mrs. Pray that he did not recognize a discussion to be held – he recognized her as she had a question on the motion. Mrs. Pray continued to disrupt and informed President Meuser he was violating her rights. She continued to disrupt the motion and directed her comments to Councilwoman Kamara. Solicitor McBlain then reminded Mrs. Pray that her comments are to be addressed to the President. Mrs. Pray did not follow that order and continued to disrupt. President Meuser stated she would be escorted out if she did not heed the order. Mrs. Pray became aggressive and continued putting her hand up at the solicitor in an angry manner. Mrs. Pray continued to disrupt. President Meuser directed the Borough Manager to explain the contract again. Borough Manager stated the contract was given to all of council in February – it is $125.00 per month to patrol the borough and transport animals. Cats will not be picked up unless requested. Fee for cats is $35.00. Mr. Brundage then called for his motion to be voted on. Mrs. Williams then had a question and wanted the solicitor to see if this was a good contract – Mrs. Vanauken then asked if it was “put out for bid”. Then Mrs. Williams asked the President why he is called the President when Mrs. Brown tells him everything. The Solicitor then restated that there is a motion on the floor to call the question and a second. Mr. Lesher then asked a question – he wanted to make sure the animal control person did not just go around and arbitrarily pick up raccoons without a complaint or something. Borough Manager explained that for example, the school called to have Animal Control pick up a raccoon that was holding the kids hostage inside the school. Solicitor McBlain then explained again, to continue with the vote to call the question – which means to cut off discussion and vote on the contract. Mrs. Pray continued to disrupt the meeting with her explanation of the contract. Mrs. Pray then went on to state that Delaware County Animal Control was previously going into Philadelphia to pick up cats and charged them to Colwyn, that was the reason Colwyn stopped using his service. Mrs. Pray continued to discuss without recognition from the President -

Voting to approve the motion to call the question – President Meuser, Jesse Brundage, Mrs. Kamara , Mr. Lesher. Voting against the motion to call the question – Mrs. Williams, Mrs. Vanauken and Mrs. Pray.Motion carried 4-3. Motion now to approve the contract of Delaware County Animal Control. (Contract attached). Voting in favor of the motion – President Meuser, Mr. Brundage, Mr. Lesher. Voting against the motion – Mrs. Williams, Mrs. Vanauken, Mrs. Pray, Mrs. Kamara. Motion failed 4-3.

Motion to re-appoint the Colwyn Borough Planning Commission members for a 4 year term: Frances Baker, Marilyn Nicolosi, Christopher Broach, Maurice Clark (vacancy) – Mr. Lesher made the motion – seconded by Mr. Brundage. Mrs. Pray disrupted the discussion – stated there is a 5th member named Kim from 3rd Street – she could not recall who she was. Mrs. Pray stated it was “against the law to have a Planning Commission with 4 members.”…Mrs. Pray continued to disrupt. Voting continued. Voting in favor of the motion – Mr. Lesher, Mrs. Kamara, Mr. Brundage, PresidentMeuser. Voting against the motion – Mrs. Pray, Mrs. Vanauken, Mrs. Williams. Motion passed 4-3.

Motion to re-appoint John Okane and David Steif to the Colwyn Borough Zoning Board – with one vacancy. Mr. Brundage made the motion to re-appoint. Mr. Lesher seconded the motion. Mrs. Pray nominated Mr. Vanauken to fill the vacancy. Mrs. Pray made the motion to amend the motion to include Mr. Vanauken in the vacancy. Mr. Lesher seconded the motion - Mr. Vanauken accepted the nomination. Mrs. Williams stated she was confused – it was explained to her the motion on the floor was to amend the motion to include Mr. Vanauken. Voting in favor of amending the motion – Mrs. Williams, Mrs. Vanauken, Mrs. Pray, Mr. Meuser, Mr. Brundage, Mrs. Kamara, Mr. Lesher. Motion to amend the motion to include Mr. Vanauken passed 7-0. Reverted back to original motion to re-appoint John Okane, David Steif, DaveVanauken to Colwyn Zoning Board. Motion passed unanimously 7-0.

Motion to Approve Resolution 2014-10 to appoint Dan Rutland as Code Enforcement Director – same position and salary – (just an added duty). Mr. Brundage made the motion – Mrs. Pray interrupted and said Mr. Brundage can’t make that motion because he is a “landlord”. Mrs. Pray continued to disrupt – motion continued – seconded by Mrs. Kamara. Mrs. Pray continued to disrupt yelling it was an “ethics violation”….voting continued despite the disruption – Mrs. Williams questioned the motion stating that “Mr. Rutland is landlord friendly and he will not cite certain landlords and make them get permits. President Meuser and Borough Manager informed Mrs. Williams that was not a true statement – Mrs. Williams argued that it was, stating that she “seen a man on a roof and he did not have a permit.” Mrs. Williams was informed that you do not need a permit to perform preventative maintenance on your roof by mucking or coating it. Mrs. Williams continued to argue then stated that “we are paying Mr. Rutland to sit down there in that office and do absolutely nothing! President Meuser then told Mrs. Williams she was out of line and her statement was not true. Mrs. Williams was then told again, that Mr. Rutland is putting in about 90 hours per week at a salaried pay – which amounts to about $5.00 per hour. Mrs. Pray continued to disrupt stating that she would be filing an “ethics violation” the next day. Voting in favor of the motion – Mr. Meuser, Mr. Brundage, Mrs. Kamara, Mr. Lesher. Voting against the motion – Mrs. Williams, Mrs. Vanauken, Mrs. Pray.

Disruption continued during the meeting …with Mrs. Pray stating there were ethics violations. Mrs. Kamara left the meeting during the disruption.

Motion to Approve Resolution 2014-11 to appoint Charles Catania Engineering Firm as the Building Code Officials until further notice.Motion made by Mr. Lesher, seconded by Mr. Brundage. Mrs. Pray interrupted and wanted to know where is the contract for Catania Engineering Firm. It was explained to Mrs. Pray that it was the same as when she hired NDI Engineering Firm – you hire the firm and all of their services – however it was never discussed that NDI Engineering would perform office duties, payroll or Borough Manager or Administration, Secretary or Treasurer. – Mrs. Pray continued to disrupt the meeting and voting – Voting continued. Voting for the motion – President Meuser, Mr. Brundage, Mr. Lesher. Not voting – Mrs. Williams, Mrs. Vanauken, Mrs. Pray. – then Mrs. Williams, Mrs. Vanauken and Mrs. Pray then stated no for their vote. Tie Vote – 3-3- Mayor Blue broke the tie – Motion passed 4-3. Mrs. Pray continued to disrupt the meeting.
Motion to Approve Resolution 2014-12 to adopt the Delaware County Sewage Facility Plan Update for the Eastern Service Area (Re approving – was passed in 2012 but Resolution has not been located.–It was explained that this is a motion that is being restated as the Resolution had already been approved in Colwyn – however there is no record of this Resolution. Therefore the need to re-approve. Mrs. Pray continued to disrupt. Mr. Brundage made the motion to approve the Resolution – Mr. Lesher seconded the motion – Roll Call vote began – Mrs. Williams stated she did not know what she was voting on. It was explained again to Mrs. Williams. Mrs. Pray continued to disrupt and stated that the Resolution was not written correctly – she argued that the correct approvers were not inserted. It was explained to Mrs. Pray that the County of Delaware drafted the Resolution and inserted the correct signatures. Mrs. Pray continued to disrupt stating that the Borough Secretary was not authorized to sign, only the Mayor and President are authorized. Voting continued – voting in favor of the Resolution – President Meuser, Mr. Brundage, Mr. Lesher, Mrs. Williams. Voting with a stipulation to remove the secretary’s signature was Mrs. Vanauken. Not voting was Mrs. Pray. Motion passed – 4 -1-1 – 4 in favor – 1 with a stipulation and 1 not voting.

Motion to approve the Cost of Living Adjustments and retroactive from January for former police officers William Garrity, James Hazelton and Frank Gentilini. Gentilini’s pension will rise $3.95. Garrity will rise $7.07. Hazelton will rise $6.57. Mrs. Pray disrupted, meeting continued through disruption. Mr. Brundage made the motion seconded by Mr. Lesher. Voting in favor – Mr. Brundage, Mr. Lesher, President Meuser. Voting against, Mrs. Williams, Mrs. Vanauken, Mrs. Pray – Tie vote 3-3 – Mayor Blue cast the deciding vote – voted in favor of said motion – Motion passed 4-3.