COLWYN BOROUGH COUNCIL MEETING MINUTES September 11,2014 - 7:00 p.m.

Colwyn Borough Hall – 221 Spruce Street

CALL TO ORDER - President Williams opened the meeting with the PLEDGE OFALLEGIANCE and a Moment of Silence for all the sick and deceased residents of Colwyn.

President Williams announced Council met in Executive Session on Tuesday September 9, 2014 at 6:30 PM to discuss pending litigation with the Bryan Hills, John Cizmarik and Aaron Ockimey matter.

PUBLIC COMMENT - President Williams opened up the floor for Public Comment (one half hour – 5 minutes per person)

Monique Boykins – William Penn School Board representative for Colwyn. Invited all to attend a Q&A session with Senator Anthony Williams at the Yeadon Borough Hall on September 30, 2014 at 7 PM

Ruth Meuser – questioned Council about the large lawsuits with Darby Creek Joint Authority and NDI as well as other lawsuits. Mrs. Meuser asked Council how many lawsuits have been filed. Mrs. Meuser also commented that NDI supplied administrative services and employees to the Borough without Council approval.

ROLL CALL

Present

Mayor Michael BlueSolicitor John McBlain

Paula Brown – Borough Mgr.Engineer Alex Rodriguez

Councilmembers Present:

Paul MeuserPatricia Williams

Frederick LesherJesse Brundage

Massa Kamara (arrived late)Martha Van Auken

Tonette Pray

President Williams went out of order and asked to open the floor for a motion if any councilmember wanted to present a new council president or put forth a motion to appoint a new president. No comments.

  • Motion to adoptResolution 2014-16 authorizing participation and application to the Early Intervention Program. Motion made by Councilman Brundage, seconded by Councilman Meuser. Voting for said motion: Vanauken, Williams, Meuser, Brundage, Lesher. Voting against said motion: Pray Motion carried 5-1
  • Motion to advertise a proposed ordinance upon the review of the Solicitor to renew the RCN Cable Franchise. Motion made by Councilwoman Vanauken. Seconded by Councilman Brundage. Motion passed by unanimous vote.
  • Minimum Municipal Obligation (MMO’s) 2015 Budgetwas discussed with Councilwoman Pray recommending to table the motion that was not made. President Williams asked if there was a second to the motion. Councilwoman seconded the motion that was not made. No vote was taken. Councilman Lesher then made the motion to approve the MMO 2015 Budget and elect Line 13. Councilwoman Kamara asked what would happen if the Pension Plan representatives did not come out prior to September 30th. Solicitor McBlain gave several scenarios of what may happen if we did not comply. President Williams stated there were two motions on the floor. Motion to table takes precedence. Voting to table the motion: Pray, Vanauken. Voting not to table the motion – Williams, Kamara, Lesher, Brundage, Meuser. Motion failed 5-2. Second motion was reintroduced. Motion to elect line 13 of the 2015 MMO Budget – with a stipulation that the Pension Plan representatives come to a meeting to discuss the MMO by September 30th
  • President Williams requested a motion be made to cut Daniel Rutland – Code Enforcement director to $12.00 per hour – 25 hours – duties to include issue citations. President Williams announced the Code Enforcement Officer is now under the direction of her, the Council President. ***NOTE*** - Conflicts with current Colwyn Borough Code - Colwyn Borough Code – Chapter 6 – Section 3 – Code Enforcement Officer is under the direction and authority of the Borough Manager. Councilman Brundage reminded the President that the motion to approve Resolution 2014-17 was not voted upon. President Williams then returned back to the 2015 MMO Budget Discussion.
  • . Motion to approve Resolution 2014-17 – Chief Administrative Officer of the Pension Plans and elect and utilize Line 13 of the 2015 Financial Requirement and Minimum Municipal Obligation Budget for 2015. $109,010.00 for the Police Pension Plan and $18,488.00 for the Non-Uniform Pension Plan. Motion made by Councilman Brundage, seconded by Councilman Lesher. Voting for the said Motion: Vanauken,

Williams,Lesher,Brundage, Kamara, Meuser. Voting against said motion: Pray - Motion carried 6 to 1.

(Councilwoman Pray left the meeting)

Colwyn Comets – Lease Renewal

  • Motion to renew the Lease between Colwyn Comets and the Borough of Colwyn for the price of $1.00 per year for five (5) years. Much discussion and arguing followed. Stipulation to include reference to Section 10 of the Lease and to insert a space for the Council President to sign. Motion passed unanimously.
  • Engineers Report - Site visit with a vendor to determine the structural capability of the garage floor.

3rd & Chestnut – Sinkhole – Repair quotes were sought from the following contractors:

  1. Progressive Pipeline Management, LLC
  2. Tri-State Grouting
  3. All State Power VAC
  4. S.W.E.R.P., Inc.

Only one quote was received – S.W.E.R.P., Inc. responded with a price of $11,250.00 for 250 linear foot of 8” C.I.P.P.

  • Motion to award 3rd & Chestnut Street sewer repair contract to S.W.E.R.P. Inc., of Bristol PA in the amount of $11,250.00 – Motion made by Councilman Brundage. Seconded by Councilman Meuser. Motion carried. Motion was unanimous.

Councilman Brundage requested President Williams to go back on the Agenda and address the Crossing Guard Motion. President Williams said there was no need for the motion as she had to speak to the Mayor about it first. Much discussion and arguing took place. Mayor Blue requested the Crossing Guards be voted on. President Williams refused. Much discussion and arguing took place again.

  • President Williams asked for a motion to hire Sarita Jackson as Borough Secretary. Councilwoman Vanauken made the motion. Councilman Lesher seconded it. Voting for the said motion: Vanauken, Williams, Lesher. Voting against the motion – Brundage, Kamara, Meuser. Tie vote 3-3. Mayor Blue broke the tie and voted against the motion. Motion failed 4-3.

Much arguing followed –Solicitor McBlain intervened and recommended to hire the Crossing Guards on a temporary basis until President Williams meets with Mayor Blue to address her concerns and then hire on a permanent basis at a later date.

  • Councilman Lesher made the motion to hire the Crossing Guards. Councilman Brundage seconded the motion. Much arguing again followed. Motion passed 6-0

Water Street – William Penn School District Bus Depot – Delinquent Sewer fees - WPSD has two (2) occurrences of delinquent taxes listed on the Portnoff list for 2011 and 2012. The total amount is $19,083.35. William Penn School District never received the tax bills and there has been no activity or usage at this site during those years. The property is tax exempt. William Penn School District and Portnoff are both asking for a resolution to this error and a financial agreement.

  • Motion to approve a waiver of the fees owed for the above years on Property ID 12-00-00893-09 and Property ID 12-00-00375-00 – Water Street - Motion made by Councilman Brundage – seconded by Councilman Meuser - Motion approved unanimously

President Williams then went out of order and asked for a motion to accept the Engineers Report which was previously given.

  • Councilman Brundage made the motion, seconded by Councilman Meuser. Motion passed unanimously.

President Williams then went out of order of the Agenda and directed Mayor Blue to swear in Maurice Clark to the Vacancy Board to which he was appointed to in January of 2014. Mayor refused to swear in the position as he was already appointed and serves as the Vacancy Chair if needed. Mayor Blue explained there is no need to swear in a person to a position that never gets used. President Williams then called resident Angie Smith to swear in Maurice Clark as she is a notary. Angie Smith swore Maurice Clark.

  • Motion to Approve Resolution 2014-01 – Rules for Council Meetings – Motion made by Councilman Brundage, seconded by Councilman Meuser. Voting against the motion, Vanauken. Voting for the motion, Williams, Brundage, Lesher, Kamara, Meuser. Motion passed 5-1
  • Motion to Approve the Minutes of 6-12-14- made by Councilman Meuser, seconded by Councilman Brundage. Voting against said motion – Vanauken, Williams. Councilwoman Kamara then asked a question after President Williams cast her vote. Councilman Kamara asked President Williams why she voted no. President Williams stated the minutes were inaccurate. Borough Manager explained that President Williams states the minutes are inaccurate so they were then transcribed word for word from the video and audio tapes of the meeting. Minutes are accurate. President Williams continued to state the minutes are inaccurate and not transcribed word for word. Borough Manager said the transcription was added to the minutes and has been posted on the borough website since June. President Williams then called the Borough Manager a liar. Voting for the said motion – Lesher, Meuser, Brundage and Kamara. Motion passed 4-2
  • 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. Much discussion and arguing from President Williams on this subject. The extreme need for Animal Control was explained. Motion made by Councilman Brundage, seconded by Councilman Meuser. Voting for the motion, Lesher, Brundage, Meuser. Voting against the motion – Williams, Vanauken and Kamara. Motion tied 3-3. Mayor Blue broke the tie in favor of the said motion. Motion passed 4-3. Arguing continued with President Williams stating that nepotism occurred as John Cizmarik’s wife and mother-in-law work for Delaware County Animal Control. Councilwoman Vanauken stated Delaware County Animal Control picks up animals from Pusey Avenue and charged Colwyn. Arguing continued.
  • Motion to advertise for bids for the sale of the Colwyn Borough 1984 Hahn Fire Truck – Motion made by Councilman Brundage, seconded by Councilman Meuser. Voting against the said motion – Vanauken. Voting for said motion – Williams, Lesher, Brundage, Meuser, Kamara. Motion passed 5-1
  • Motion to appoint Mayor Michael Blue to conduct an investigation into possible financial discrepancies and incidents of Colwyn Borough Fire Company Station 92 and suspend Station 92 from operating as the designated fire company for Colwyn Borough for a period of up to 90 days or until the conclusion of the investigation. All fire emergencies will be handled the same as usual, from responding fire companies in District 4. Motion made by Councilman Meuser, seconded by Councilwoman Kamara. Much discussion and arguing followed. President Williams stated that she thought this motion was illegal and further stated that Mrs. Brown sent the District Attorney’s Office to the Firehouse on a Saturday morning to investigate the fire house. President Williams then stated for the record that she felt the Borough Manager was running the investigation. Mayor Blue then stated that the fire house does not fight fires. Arguing continued. The Borough Manager explained that Colwyn Borough dispensed $33,000.00 to the fire company and the borough needs an explanation as to where the money went. A borough owned vehicle was given to a 19 year old teen, checks were written to themselves, an investigation needs to commence. Arguing escalated with Gary Brice the fire chief, yelling. Councilwoman Kamara made a motion to table, with Councilwoman Vanauken seconding the motion. Voting in favor of the motion to table – Vanauken, Williams, Kamara, Lesher. Voting against said motion – Meuser, Brundage. Motion to table passed 4-2
  • Motion to Accept Solicitor’s Report –Motion made by Councilman Meuser, seconded by Councilwoman Kamara – Motion passed unanimously.

Public Safety Report – distributed to audience

Councilman Brundage distributed the crime reports - reported on equipment repair and is actively seeking grants to purchase police vehicles as the fleet is very old and many need extensive repair.

  • Motion to accept Public Safety Report – Motion made by Councilman Meuser – seconded by Councilman Brundage. Voting in favor of said motion – Williams, Lesher, Meuser, Brundage, Kamara. Voting against said motion –Vanauken. Motion passed 5-1

Finance and Ordinance Report – distributed to audience.

Councilman Lesher reported that 24 borough bank accounts were trimmed down to 5 or 6 which will be better able to manage. President Williams stated she wanted Mr. Rutland to come off the bank accounts as he is Code Enforcement. Councilman Lesher asked for the Solicitor’s opinion. The Solicitor explained it is borough council’s decision to appoint signatories. President Williams then stated she wanted her name added. Arguing continued.

  • Motion to accept Finance and Ordinance Report – Motion made by Councilman Meuser, seconded by Councilman Brundage. Motion passed unanimously.

Borough Manager’s Report

Requested Council to reconsider their motion not to suspend Fire Company #92. Reported requests have been made for financial reports – none received. Reported that many vendors are contacting the borough for bills that have not been paid by Station 92. Reported that the borough was contacted to pay a gasoline bill for several thousand dollars when fire trucks do not take gasoline, they take diesel fuel. Reported that a fire company member ordered approximately $1200.00 in C- Rations ordered to his home, in the name of Colwyn Borough Fire Company; reported a vehicle the borough insures was driven recklessly by the chief, lay wheels and go through stop signs; tons of complaints from residents, fights outside the firehouse, a borough owned vehicle was given to a 19 year old – John Corcoran who was just arrested for setting fires in Folcroft and Darby Township. Our vehicle was in his possession while these crimes were committed and could possibly have been used in the commission of a crime.

  • Motion to sustain the action of the Borough Manager in transferring the payroll process from ADP to Paychex at a monthly savings of 9.5% and an annual savings of 51%. (Motion not brought to the floor)
  • Motion to authorize the Borough Manager to upgrade the current RCN phone system to the RCN web based Hosted Voice system with auto attendant. (Motion not brought to the floor)
  • Motion to approve the report. Motion made by Councilman Lesher, seconded by Councilman Meuser. Motion passed 4-1 with Williams and Vanauken dissenting.
  • Motion to approve August Bills – Made by Councilman Lesher, seconded by Councilman Meuser. Voting against the motion to pay the bills – Vanauken, Williams. Voting for said motion to pay the bills – Lesher, Meuser, Brundage, Kamara. President Williams interrupted Councilwoman Kamara and stated the motion was not to pay the bills, it was to accept the Borough Managers report. Councilman Lesher then made a motion to accept the report. Seconded by Councilman Meuser. President Williams then stated that Councilman Meuser should run the meeting because he keeps putting daggone motions on the floor. Borough Manager then clarified the prior motion was to pay the bills. Current motion is to accept the report. Voting for said motion – Lesher, Meuser, Kamara, Brundage. Voting against said motion – Vanauken, Williams. Motion carries 4-2.
  • Borough Manager asked if the vote to pay the bills was going to be retaken as President Williams said the motion was not made. President Williams then questions who elected the Borough Manger to make decisions. Borough Manager explained she was performing her job duties. President Williams then stated as far as the bills go, she is not putting that motion on the floor and went into Public Comment. (Record reflects the motion was duly made, seconded and voted on – passed 4-2.)

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

President Williams addressed resident Ruth Meuser and stated she had information for her from her request of the last meeting in August as to who signed TonettePray’s monthly stipend check. President Williams stated that Paul Meuser, Jesse Brundage, Dan Rutland and Paula Brown signed Councilwoman Pray’s check. Records reflect Brundage, Brown and Rutland signed the check, not Meuser as Williams stated)

.MOTION TO ADJOURN made by Councilman Meuser – Motion not recognized.

PUBLIC COMMENT cont’d

Betty Cellini addressed Council and requested to know why Ms. Brown is in Colwyn Fire Company’s business by checking into the bills. Betty Cellini directed her comments to the Solicitor who in turn, informed the fire company that since they receive tax dollars to fund their operation, they are obligated to give a financial accounting to the borough.

Meeting ended abruptly without a full vote to adjourn.

Respectfully submitted,

______

Paula M. Brown, Borough Manager – Borough of Colwyn

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