Special Meeting of Council, California Borough, Nov. 5, 2009, Californiamunicipalbuilding

Special Meeting of Council, California Borough, Nov. 5, 2009, CaliforniaMunicipalBuilding, 225 Third Street, 6:30 P.M.

President Bittner called the meeting to order at 6:00 pm

PRESENT: Mr. Difilippo, Mr. Bittner, Miss Roberts, Mrs. Chambers, Mr. Kurilko

ABSENT : Mr. Weld, Mrs. Gallo, Mr. Mariscotti, Mayor Durdines

PUBLI COMMENT:

No public comments

Chambers/Roberts motion to go into an executive session at 6:12 pm duly carried with all members present stating aye

Council re-convened at 6:58 pm

President Bittner reported that executive session was concerning a personnel matter.

MRS. CHAMBERS

Motion by Chambers/Difilippo to reinstate Officer Robert Dorcon immediately with full benefits duly carried with Mr. Bittner, Mrs. Chambers, Mr. Difilippo voting yes, Miss Roberts voting no. President Bittner asked Solicitor Melenyzer if a majority vote of the quorum present was needed or a majority vote of all council was needed. Solicitor Melenyzer stated that a majority vote of Council is needed for personnel matters and the meeting is over and the motion failed. After discussion, those council members present decided to call an absent member of council on speaker phone and take a vote via telephone. Mr. Weld was reached via speaker phone during the public meeting. Mr. Weld was read the motion by Miss Pfrogner. Mr. Weld asked if Officer Dorcon has filed a grievance and President Bittner responded yes he had. Solicitor Melenyzer added that the contract calls for a probationary period of 180 days that you can terminate a police officer from the date of hire, consecutive days from the date of hire. On misinformation that was given to me and council the 180 day would have been the day after our October meeting. So we terminated him as a temporary employee 2 or 3 days after the 180 days. We received a grievance from the union stating we were in violation of the contract and the contract in fact states that it has to be done within the 180 day period. Solicitor Melenyzer stated that it is his recommendation that council does not spend the money on litigation to doing something we’re going to lose. We violated the written contract. Mr. Weld voted yes via speaker phone to reinstate Officer Dorcon.

RECOGNITION OF CITIZENS

MR. MADDIEX

State he believes that Mrs. Urick has something to say to him. Mrs. Urick asked for permission to be on the agenda for Councils monthly meeting of November to discuss the Zoning Hearing Board. Mrs. Roberts stated that she will put that under her agenda. Solicitor Melenyzer asked what the agenda with the Zoning Hearing Board is if I might ask. You are separate in part from Council , we are not to advise you or direct you, we’re not to make suggestions how you vote, and we’re not to do any of that. You have a solicitor and I think when I got the phone call I directed you contact the Solicitor that council pays for and he will advise you what needs to be done. We will not advise you, that is a violation of law. So I don’t know what you want on the agenda. Mr. Melenyzer added that he is not trying to be difficult. Mrs. Roberts stated that what she thinks Mrs. Urick is asking is do they, the zoning hearing board, need councils approval to contact the zoning hearing board solicitor because that is a fee and I don’t’ think Mrs. Urick would want to contact the attorney, and then we get a bill. Mr. Melenyzer stated you will get a bill, she can contact him everyday of the week and council will be billed for everyday of the week and according to statute we have to pay for everyday of the week. Mrs. Urick stated that she is unclear of the procedures there are no officers in place yet and she needed permission to have a meeting. Solicitor Melenyzer stated we do not give you permission to do anything. Miss Roberts added you have permission to call Mr. Walsh and set this up, but council cannot give you permission you have that right as a zoning hearing board member. Mr. Melenyzer added that you can call the zoning hearing board solicitor and he is going to want to have a reorganization meeting because he gets paid a fee. Now you can wait until you get an application that comes before the Zoning Hearing Board and do the usual advertising for a hearing and five minutes prior to the beginning of the hearing and reorganize. Then there is only one fee paid to that attorney. The Zoning Hearing Board does not need approval from council before you spend money, the statute is clear.

Mr. Maddiex asked if this is the first time that council has taken a vote over the phone. Solicitor Melenyzer says he doesn’t think so but he doesn’t remember. Mr. Maddiex asked if they could narrow it down to a yes or a no.

Chambers/Roberts motion to adjourn the meeting at 7:10 pm duly carried with all members presents stating aye.