COLWYN BOROUGH COUNCIL MEETING MINUTES

Colwyn Borough Hall – 221 Spruce Street –Colwyn, PA 19023 October 9, 2014 - 7:00 p.m.

CALL TO ORDER – 7:07 PM PLEDGE OF ALLEGIANCE – Moment of Silence

ROLL CALL:

Michael Blue, Mayor / X / John McBlain, Solicitor / X / Alex Rodriguez, Engineer / X
Patricia Williams / X / Martha Vanauken / X / Tonette Pray (left early) / X
Fred Lesher / X / Paul Meuser / X / Jesse Brundage / X
Massa Kamara / X / Paula Brown, Borough Manager / X

President Comments: President Williams made a brief report on Ebola. She indicated there is no cure right now, but the best prevention method is cleanliness - wash your hands frequently.

APPROVAL OF MINUTES:

·  Motion to approve the minutes for 8-14-14 and 9-11-14

MOTION TO APPROVE: Mr. Brundage SECOND: Mr. Meuser

TOTAL YES: / 5
TOTAL NO: / 2
Council Member: / Y / N / Council Member: / Y / N / Council Member: / Y / N
Mrs. Vanauken / X / Mrs. Pray / X / President Williams / X
Mr. Lesher / X / Mr. Meuser / X / Mr. Brundage / X
Mrs. Kamara / X / Mayor Blue (if tied)

Motion carried 5-2.

PUBLIC COMMENT (one half hour – 5 minutes per person) Comments should focus on issues on the agenda. To enable Council to get through its agenda, the Public Comment period will conclude after 30 minutes. If more time is needed, the Public Comment period will resume at the end of Council meeting.

PUBLIC COMMENTS

1. Speaker: Mrs. Ruth Meuser

Address: 214 Tribet Place Colwyn, PA 19023

Topic: Fire Company – Mrs. Meuser wanted to know why only President Williams, Councilpersons Fred Lesher and Massa Kamara were the only councilpersons allowed to attend a meeting with the Fire Company. Mrs. Meuser also stated that all bills and expenses should be given to council from the fire company.

Councilman Lesher explained the meeting with the fire company and that they were requiring the fire company to produce the bills and receipts. Mrs. Meuser did say that she likes the way council operates now – with the residents knowing what is happening, something she said has not taken place in the last 6 years. Mrs. Meuser had one last question – and she stated that when her husband was a member of the fire company, he was not allowed to vote on fire house issues as she said Mrs. Pray stated it was a conflict of interest. Mrs. Meuser then stated that Councilwoman Pray should not be allowed to vote on fire house issues as it would be considered a conflict of interest just as her husband was considered to have a conflict of interest. President Williams stated that it was only three members of council who attended the meeting so it was not a violation of the Sunshine Act as it was not a quorum.

Council Action, if Any: No action requested.

2. Speaker: Ms. Kim Brown

Address: 16 S. 2nd Street Colwyn, PA 19023

Topic: Crossing Guards / Police/ Councilwoman Massa Kamara

Crossing Guards – Kim Brown asked how many crossing guards we have. Mr. Lesher replied 11. Mr. Meuser replied that we used to have 12 then it was cut down to 6 and now we are up to 11. Much discussion took place. President Williams asked who hired the crossing guards and who approved their hiring. Borough Manager explained it was voted on at the last meeting and listed in the minutes. Crossing guards were hired on a temporary basis. It was explained that the Mayor and Chief of Police appointed the crossing guards as is authorized in the Pennsylvania Borough Code - § 1123.1. Mayor's powers concerning police. President Williams continued to read the Borough Code Section 1127.

§ 1127. School crossing guards.

(a) Appointment.--

(1) Upon request by the board of school directors of the school district in which a borough is wholly or partially located, the council may appoint school crossing guards who shall have the duty of controlling and directing traffic and pedestrians at or near schools and who shall be in suitable and distinctive uniform.

(2) While on duty, school crossing guards shall be under and subject to the direction of the mayor.

President Williams then asked who hired the crossing guards, as she has been asking that question, and now residents are asking as well. Kim Brown then questioned the Mayor as to why we have 11 crossing guards. The Mayor explained we have as many as possible because the safety of the children comes first. The Borough Manager explained that the Mayor and Chief appointed the crossing guards in compliance with the Borough Code – Section 1123.1 whereas the Mayor has the right to appoint special police during an emergency where the safety is endangered. Not having crossing guards on corners was deemed an emergency as the children needed the protection.

§ 1123.1. Mayor's powers concerning police.

(a) General rule.--The mayor shall have full charge and control of the chief of police and the police force.

(b) Direction.--The mayor shall direct the time during which, the place where and the manner in which the chief of police and the police force perform the duties of their rank.

(c) Delegation of duties.--The mayor may delegate to the chief of police or other officer supervision over and instruction to subordinate officers in the manner of performing their duties.

(d) Appointment of special police.--The mayor may appoint special police during an emergency in which the safety and welfare of the borough and the public is endangered.

(e) Auxiliary police.--The mayor may activate auxiliary police in accordance with general law and, notwithstanding any other provision of law, may activate auxiliary police for purposes of crowd and traffic control for limited periods during events if, in the mayor's discretion, public safety is promoted by the activation of the auxiliary police.

Councilwoman Pray interjected and stated the mayor only had power to appoint only when there is unrest. Councilwoman Pray then stated there is an Educational Board in Colwyn that hires, fires and oversees the Crossing Guards and they meet once a year in August. Councilwoman Pray stated the hiring of the crossing guards was “illegal”. Councilman Meuser interjected and stated if the hiring was illegal, then the firing of the crossing guards a few years ago was illegal.

Solicitor John McBlain restated his opinion that the Mayor was in compliance with the borough code by appointing special police as crossing guards for the safety of the children. The solicitor also referred to the Educational Service Agency that was created many years ago, would have to be active and appropriately appointed. Councilwoman Pray and Vanauken insisted the Educational Service Agency is active and has been active although there is no record in any minutes of council meetings from 2006 to the present that validates this agency was active or appointed. The solicitor issued his opinion that the crossing guards were appointed legitimately and then subsequently hired at the September council meeting on a temporary basis. Much discussion continued with Councilwoman Pray arguing that the mayor did not have the authority. Councilwoman Vanauken stated that the borough did not have money to pay 12 crossing guards. Much arguing and discussion continued with Councilwoman Vanauken slaming the desk and covering the camera that was taping the meeting.

Kim Brown then questioned how many police officers Colwyn had. Mayor Blue stated there were 6 officers. Kim Brown argued with the mayor over how many police officers there were and stated her displeasure with one officer. Mayor Blue stated the police department was doing a good job, Kim Brown disagreed.

Councilwoman Pray interjected and stated that the reason her administration went from 12 crossing guards, down to 6 crossing guards was because “it wasn’t in the budget”. Councilwoman Pray further stated there was a layoff of most all employees in 2008 because of budget constraints.

Councilman Lesher interjected and stated 10 percent of what Rochelle Bilal made, went to the crossing guards. Councilman Lesher further explained that the borough picked up 4 or 5 crossing guards and laid off one person who wasn’t doing anything – that’s where the money came from. Councilman Lesher further stated that people were hired that never should have been hired. Mayor Blue agreed and further stated that the costs of paying for these salaries etc., are being blamed on the new administration and they should not be blamed. Much arguing continued with resident Maurice Clark yelling out of order from the audience.

Councilwoman Pray continued to state that the crossing guard reimbursement was not correct and the borough lost money. The Borough Manager attempted to correct Councilwoman Pray’s statement about reimbursement but was not recognized.

Councilman Meuser interjected his thoughts on how well the police department is working. Councilman Meuser relayed a story about a loose pitbull running around and he and a resident and the police got the situation under control.

Kim Brown then questioned Councilwoman Kamara and asked her why she doesn’t answer her phone for her, after she stood out in the cold with her, but answers for the borough manager when she calls. Kim Brown then asked Councilwoman Kamara “What is you here for to do for the borough?” Councilwoman Kamara replied that she is here to do her best.

The Borough Manager asked to be recognized to justify the crossing guards salaries. The Borough manager explained there was the salary of Rochelle Bilal, the salary of Wanda Davis who was never officially hired by council and was paid over $17.00 per hour, the salary of Wendell Reed which was $101,000.00 as well as the enormous amounts of overtime accumulated by Officers Parham and Hayes. The savings was over $300,000.00 just in those salaries that can very well cover the costs of 12 crossing guards. The Borough Manager further explained in the last 6 years there has not been an accurate budget as no actual expenditures were ever submitted to determine the budget versus actual line items. Much arguing continued.

Mayor Blue reiterated the police are doing a good job with what little they have and what little they are paid. Kim Brown argued from the audience and did not agree that the police made low salaries. ($16.25 per hour)

Mayor Blue also referred to a resident who is working with kids, needs to bring their paperwork to the borough hall. The Mayor also reiterated that no one is working for the children – he indicated something must be done. Maurice Clark argued with the mayor from the audience.

NEW BUSINESS:

·  Motion to Approve the Facilities Use Agreement

President Williams announced the motion for the Facilities Use Agreement and asked if everyone had a copy. Councilwoman Pray stated she did not have a copy. Borough Manager informed President Williams that all were given a copy and had extra copies available – and distributed them to Councilwomen Pray and Vanauken. Councilwoman Pray stated that in 2008 Federal monies were given to Colwyn Borough for the “field” and because of that, the borough cannot give exclusive rights to anyone to use it. President Williams informed Councilwoman Pray that we were discussing a Facilities Use Agreement to be used for all borough facilities – not just the “field”. Councilwoman Pray then changed the discussion and stated no one is told anything anymore and she was told she can’t change her password on her email. Councilwoman Pray then stated she wanted to make a motion to table. Councilman Lesher reminded council that the Facilities Use Agreement was discussed at the committee workshop held the week before on October 2nd. Councilwoman Vanauken stated it was not discussed. Councilwoman Vanauken was reminded that she and Councilwoman Pray were not at the committee workshop. President Williams stated that it could not be discussed in Executive Session as it would violate the Sunshine Act. Councilwoman Pray then attempted to read the Open Records Act for exceptions to Open Meetings. Councilwoman Pray attempted to interpret the Sunshine Law to read that an exception can be made. The legitimate reasons for holding an executive session are listed in the Sunshine Law:

§ 708. Executive sessions.

(a) Purpose.--An agency may hold an executive session for one or more of the following reasons:

(1) To discuss any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of performance, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the agency, or former public officer or employee, provided, however, that the individual employees or appointees whose rights could be adversely affected may request, in writing, that the matter or matters be discussed at an open meeting. The agency's decision to discuss such matters in executive session shall not serve to adversely affect the due process rights granted by law, including those granted by Title 2 (relating to administrative law and procedure). The provisions of this paragraph shall not apply to any meeting involving the appointment or selection of any person to fill a vacancy in any elected office.

(2) To hold information, strategy and negotiation sessions related to the negotiation or arbitration of a collective bargaining agreement or, in the absence of a collective bargaining unit, related to labor relations and arbitration.

(3) To consider the purchase or lease of real property up to the time an option to purchase or lease the real property is obtained or up to the time an agreement to purchase or lease such property is obtained if the agreement is obtained directly without an option.