Colwyn Borough Council Meeting

COLWYN BOROUGH COUNCIL MEETING

221 Spruce Street, Colwyn PA August 14,2014 - 7:00 p.m.

CALL TO ORDER - PLEDGE OFALLEGIANCE – Moment of Silence

President Williams called the Colwyn Borough Council Meeting to order at 7:00 PM

ROLL CALL – Present: Council: Patricia Williams

Martha Vanauken

Tonette Pray

Fred Lesher

Paul Meuser

Jesse Brundage

MayorMichael Blue

SolicitorJohn McBlain

EngineerAlex Rodriguez

Borough ManagerPaula Brown

Absent:Council:Massa Kamara

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

President Williams distributed her agenda to council members only. Borough Manager entered for the record, the Borough Manager prepares and sets the agenda, not the Council President. President Williams countered that she is the President and sets the agenda, the Borough Manager is the employee and is under her direction. If the Borough Manager wants something on the agenda, she can contact the President. President Williams did not follow the prepared agenda that was distributed to the audience, she followed her own.

“PRESIDENTIAL REPORT” given by President Williams

“I have been on Council for almost three years and the most that I have seen is a bunch of negativity. How is Colwyn ever to move forward if all we can come to the table with is negativity. The day that the people stop targeting people and make this about the taxpayers of Colwyn we will move forward. Every time someone says something that someone doesn’t like they bring residents to the meeting to start to slander people even if they don’t have the correct information. Don’t come here to embarrass people. Come here with a solution. The entire borough is being made a disgrace. There is no other community that airs all their dirty laundry other than Colwyn. I take pride where I live. This is one of the reasons why I became a council person to try and make a difference in the community. Several council people are only on council to benefit themselves. Taxpayers, just look around and you can see for yourself, who is really here to move Colwyn forward. Most of the people that are representing you are only here for their own financial gain. You should come into the borough and ask questions. Ask why council people are exempt from following the rules. The residents have to abide by the law why not council. Ask why we pay employees and they are not working the hours they are getting paid for. This is your tax dollars, my suggestion would be if you are not trying to move this borough forward, you should think about resigning. And that is MY report.”

Councilman Brundage requested to be recognized. President Williams recognized Councilman Brundage.

Councilman Brundage made a motion to appoint Paul Meuser as Council President. Motion seconded by Meuser. President Williams did not recognize the motion and did not allow it on the floor. President Williams stated this was a Committee Meeting and the motion was not on the agenda. The meeting was publicly advertised as a Council Meeting, not a Committee meeting. The Borough Manager reminded President Williams this was a publicly advertised Council Meeting – there was a motion made and seconded. President Williams stated she is not recognizing the motion. Councilman Brundage asked for a roll call vote. Much arguing followed. Borough Manager reminded the President again, the meeting was publicly advertised for 7 PM – there was a motion and a second on the floor – a vote needs to be taken. President Williams stated: “Mrs. Brown, you are the Borough Manager. Tonight you are the Borough Secretary.” President Williams called on Councilman Lesher for his report. Councilman Brundage reminded the President there is a motion and a second on the floor. Borough Manager began to call the vote – Voting yes – Brundage, Meuser - Councilwoman Pray interrupted and made a motion to table the motion. Motion was not seconded. President Williams stated “we’re tabling it”. Motion failed for lack of a second.

Councilwoman Pray continued to state the Borough Manager cannot call the vote. Councilwoman Pray stated only the President can call the roll to vote. The Borough Manager explained to Councilwoman Pray that the President of Council does not call the roll and does not call the vote, the Borough Manager does. Borough Manager reminded President Williams and council that there is a motion and a second on the floor at a publicly advertised Council meeting, and if it is not recognized, they are in violation of the Sunshine Law. President Williams ignored the motion and continued to call on Councilman Lesher for his Finance Report. President Williams then stated it was a Committee Workshop meeting that was being held.

Chairman Lesher proceeded to give his report for Finance & Ordinance with the account balances of all bank accounts. Chairman Lesher had a question about the $81,000.00 that is owed to the Liquid Fuels Account. Borough Manager explained that $81,000.00 from prior years was misappropriated or misspent and it now has to be paid back to the Liquid Fuels account according to the Liquid Fuels Audit. Councilwoman Pray disagreed and stated she sat in on the Liquid Fuels Audit and the money was not misspent. Councilwoman Pray stated she has asked to see the actual audit and was denied. The Borough Manager tried to explain but was not recognized by the President. Councilwoman Pray continued and stated “Government don’t start cause ya’ll came in. Government was working before ya’ll got here.” President Williams interrupted and stated the public can speak if Chairman Lesher is finished his report. Councilwoman Pray then started to ask the Engineer questions pertaining to Liquid Fuels Money. President Williams then stated: As of this moment, I am the President of Colwyn. You need to be recognized in order to speak. The Finance and Ordinance report continued for approximately thirty five minutes with much arguing.President Williams then called on the Municipal Services Chair to give his report. Much discussion followed. President Williams then called on the Public Safety Chair to give his report. Councilman Brundage did not give his report in protest of the illegal meeting. Much discussion and arguing continued. President Williams adjourned the meeting without a vote and called for a 5 minute recess.

At 8:15 PM, President Williams started the Council meeting. The distributed agenda prepared by the Borough Manager was not followed.

PUBLIC COMMENT

Solicitor advised that we do have to afford the public to comment at the outset of the meeting and continue to move through our business.

Mrs. Meuser – stated concerns that Councilwoman Pray and Williams did not file their Statement of Financial of Interest Forms by May 1st. Mrs. Meuser stated that a councilmember cannot hold a position on council until they file their Financial Interest Forms. Councilwoman Pray stated her financial report is in. Solicitor explained there was a complaint made to the State Ethics that the forms were not filed and the State Ethics will handle it. President Williams stated that her daughter would bring a copy of her financial statement and said she wanted a public apology from Mrs. Meuser and Ms. Brown.

Councilman Brundage asked to be recognized. President Williams did not recognize Councilman Brundage. Councilman Brundage made a motion to nominate Paul Meuser as President of Council. President Williams refused to recognize the motion. Councilman Brundage took offense – President Williams told Councilman Brundage that he bought “stuff” from the borough because he is a Councilman. Councilman Brundage responded that her accusation was an urban myth, untrue. Much arguing followed with President Williams calling Councilman Brundage an idiot. President Williams continued with her comments addressed to the audience and one side of council, stating she was 54 years old and has never in her life seen so many racist people. President Williams stated it was 2014 and to respect her because she is a black female. President Williams stated that Councilman Meuser received respect when he was President of Council. Councilman Fred Lesher responded that Councilman Meuser never received respect when he was President of Council. Councilman Brundage, Meuser and the Mayor agreed with much discussion and arguing. Councilman Lesher reminded President Williams that not only did Councilman Meuser not receive respect, they illegally threw Meuser, Brundage and Lesher off Council in January and had to go to court. Councilwoman Pray stated that Meuser, Brundage and Lesher didn’t take an oath of office and did not file their oaths of office with the borough. Much discussion and arguing followed with Councilwoman Pray laughing and stating the oaths were not turned in. Brundage, Lesher and Meuser disagreed with Brundage and Meuser calling the take-over move as a “North Philly set up”. Councilwoman Pray responded that she was proud to be from North Philly.

President Williams then stated she needed to make a statement: “On July 15th,2014 at 5 PM, I had an executive session with 4 members of council. In that session there were 4 council people. (Councilwoman Pray corrected President Williams and stated it was 5 members of council.). President Williams continued…5 including myself. In that session were Paul Meuser, Tonette Pray, Fred Lesher, Martha Vanauken and the special solicitor Ken Shuster. At the meeting we discussed human resources. Council came up with ideals how to cut spending without many layoffs. But the senses were offering $125.00 per day for a part time office manager at 30 horus a week with no contract or benefits. Also we came up with 25 hours a week for a part time code person at $12.00 per hour and no benefits. That was what our executive session pertained.”

Councilwoman Pray then said her husband wanted to speak. President Williams then asked Mr. Pray if he had anything to say – Councilwoman Pray informed her husband that he could not be heard. Mr. Pray responded and said there was no need to repeat – Paul Meuser heard what he said.

President Williams then stated she needed a motion to terminate Paula Brown’s contract as Borough Manager, Borough Secretary, Right To Know Officer and Treasurer and any position she holds in the borough. Councilwoman Vanauken made the motion to terminate the contract. Councilwoman Pray seconded the motion and further explained that the contract ended on July 16th and council would be voting to accept the end of the contract. President Williams asked for a roll call vote. Voting to terminate the contract – Vanauken, Pray, President Williams deferred her vote until Councilman Lesher voted. Voting against terminating the contract – Councilman Lesher, Brundage and Meuser. When Councilman Lesher cast his vote not to end the contract, Kim Brown, in the audience voiced her displeasure at Councilman Lesher. President Williams cast her vote to terminate the contract. Motion ended in a tie vote 3-3. Mayor Blue cast the deciding vote not to end the contract. Motion failed 4-3.

Councilman Meuser asked to make a motion. President Williams did not recognize Councilman Meuser. President Williams announced there was another motion on the floor then asked if she could make a motion. Councilman Brundage informed President Williams that Councilman Meuser asked to be recognized. President Williams refused to recognize Councilman Brundage or Meuser.

President Williams continued to make a motion to terminate the contract of Daniel Rutland as Codes Director, part time interim borough manager and any and all other positions held within the borough. Councilwoman Pray made the motion. Councilwoman Vanauken seconded the motion. President Williams asked for a roll call vote. Voting to terminate the contract of Daniel Rutland – Councilwomen Vanauken, Pray, Williams. Voting not to terminate the contract – Councilmen Lesher, Brundage and Meuser. Tie vote – Mayor Blue cast the deciding vote not to terminate the contract. Motion failed 4-3.

Councilman Meuser asked to make a motion. President Williams did not recognize Councilman Meuser’s request. President Williams stated that Mr. Rutland was making $20.00 an hour to be a “codes guy”. Borough Manager informed President Williams that was not true. Borough Manager then stated that she was offering to work for the borough at the same salary, same hours, same duties with health benefits included that she would pay for. President Williams then asked Councilman Lesher what Daniel Rutland’s hourly salary is. Borough manager reminded President Williams that Mr. Rutland does not have an hourly salary – he works approximately 70 to 80 hours per week, nights and weekends and averages about $7.00 per hour. He inspects houses filled with trash, bed bugs, does all his own work, he is his own secretary. Much discussion and arguing continued.

Councilman Brundage made a motion to remove Patricia Williams as Council President and appoint Paul Meuser as Council President. Councilman Meuser seconded the motion. Motion was ignored. Mayor Blue, Councilmen Brundage and Meuser informed President Williams there was a motion and a second on the floor. President Williams refused to recognize the motion and stated there was no motion on the floor. Borough manager started to call the roll with Councilmen Brundage and Meuser voting for the motion. President Williams repeated she did not recognize the motion. Much arguing continued. Councilwoman Pray made a motion to adjourn. No second to the motion was heard. President Williams then adjourned the meeting without a vote or a second to the motion.

Councilwoman Pray then told resident Angel Rimel to shut up. Councilwoman Pray then told the borough manager to put the entire meeting on youtube. The Borough Manager then requested Councilwoman Pray to return the video camera her husband is using to tape the meetings, back to the borough who bought the camera. Councilwoman Pray refused. Councilwoman Pray was then requested to return her laptop and cell phone to the borough. Councilwoman Pray stated she did not have the laptop, it was in the possession of Swartz and Campbell. Borough Manager then requested Councilwoman Pray to return her cell phone that was purchased by Colwyn taxpayers and reimburse the borough for her cell phone bills that were paid for by taxpayers. Councilwoman Pray stated she did not have to return it or pay for her cell phone bills because it was voted on that she could keep it and have the bills paid. Borough Manager informed Councilwoman Pray it was not voted on. Councilwoman Pray then approached the Borough Manager Councilwoman Pray stated: “Don’t hate me because I am tall, dark and beautiful and can turn more men, including your man.”….

The meeting ended at 8:31 PM.

Motions on the set agenda that were not discussed or brought up for a vote:

Engineers Report -

3rd & Chestnut – Sinkhole – Motion to solicit repair quotes to repair sinkhole and sanitary sewer.
204 Walnut Street – Demolition application
127 Chestnut – Demolition application
Motion to Accept Engineer’s report
Motion to approve August Bills

Highway and Police Contract

Discussion - Highway Contract and Police Contract are in need of a meeting to negotiate the submitted proposals. Set a date for negotiation.

Old Business

Motion to Approve Resolution 2014-01 – Rules for Council Meetings
Motion to Approve the Minutes of 6-12-14
Motion to Approve the Bills
Motion to appoint Delaware County Animal Control – located in Colwyn as the Official Colwyn Animal Control company. Contract is for $200.00 per month - $45.00 per call from Borough Officials ONLY. Cats will NOT be picked up unless Borough Officials have determined that they are a nuisance. If determined to be a nuisance, cats will be picked up and taken to foster homes, rescue or the Humane Society.
Motion to approve and sign off on tax assessment appeal Stipulation of 415 Colwyn Avenue
Motion to retain Daniel Rutland as Director of Code Enforcement at a salary of $1400.00 per month.
Motion to retain Paula Brown as Borough Manager at the same rate of pay at present, and the same duties assigned. Health Benefit premiums to be paid by Paula Brown.