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The Ridley Park Borough Council met in regular session on the above date in the Community Room of the Ridley Park Borough Hall. Council President Joe Yorke called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
The meeting was opened with the Pledge of Allegiance led by President Joe Yorke.
ROLL CALL
Council members present: Mr. Yorke, Mrs. Smith, Mrs. Frantz, Mrs. Lamb, Mr. Berger, Mr. Miccarelli, Mr. Artese and Mayor Eberle. Also present was Police Chief Tom Byrne, Charles Catania, Jr./Engineer and Regina Mackenzie, Solicitor.
ACKNOWLEDGMENTS:
Mayor Eberle introduced Principal, MaryAnn DiTommaso and Science Coordinator, Catherine Kokoska to present Certificate of Achievement Awards to the winners of the recent Saint Madeline/Saint Rose 2008 School Science Fair. (COPY ATTACHED)
SUBMISSION MINUTES - COUNCIL MEETING JANUARY 22, 2008
Mrs. Smith made a motion to approve the January 22, 2008 Council Meeting, seconded by Mr. Berger.
No Comments from Council.
Carried by a vote of 7-0.
COMMITTEE REPORTS
FINANCE/PERSONNEL – COUNCILOR JEANNE FRANTZ (COPY ATTACHED)
Mrs. Lamb made a motion to accept the Finance/Personnel Report, seconded by Mr. Artese.
No Comments from Council.
Carried by a vote of 7-0.
PUBLIC SAFETY – COUNCILOR LINDA SMITH (COPY ATTACHED)
Fire Chief Ned Donkin presented the Fire Report for the month of January 2008. (Copy Attached)
Police Chief Tom Byrne presented the Police Report for the month of January 2008. (Copy Attached)
Mr. Berger made a motion to accept the Public Safety Report, seconded by Mrs. Frantz.
No Comments from Council.
Carried by a vote of 7-0
PARKS & PROPERTY – COUNCILOR DORIS LAMB (COPY ATTACHED)
Mrs. Lamb reported on the following:
Mrs. Lamb explained how the Road Program works. (Street List Attached)
New item for the trash contract, Leaf Pick Up: the 3rd Wednesday of every month. The following items would be collected: Pruning, leaves, shrubbery, general yard waste, garden residue and waste but no grass clippings. Grass clippings go into the trash. Information cards would be mailed to all residents this week and it is posted on the TV channel.
The Grass Cutting contract from 2007 included an option for 2008 which was accepted by T.S. Morris Landscaping. Mrs. Lamb stated that there is no need to bid out this year.
Anyone who has old paint left over can leave it at the Borough Garage. The Highway removed barbed wire that was along the fence on Constitution Avenue by Lakeview School. She stated that it was a hazard with school children. The Highway Department is going to go to safety training classes given by CRC in West Chester.
Central Delaware County Authority (CDCA) the Borough paid $133,000.00 which was overdue since November 2007. She explained that the Borough makes quarterly payments to the CDCA.
Mrs. Lamb reported on a recent gas leak on Seller Avenue and Chester Pike. She reported that a new gas line was installed and only one house had no gas service. Mrs. Lamb explained that PECO wanted our Borough employees to work for them as flag holders and cone tenders, which would have meant over time. She stated that the Borough Manager, Terry Bradley said No and they could use their own employees. Mrs. Lamb stated that the Borough has to save the taxpayers money at every opportunity.
Mrs. Lamb reported that she had the 2007 annual report from the Shade Tree Commission.
Mrs. Lamb announced that there would be an Arbor Day. She stated that no date has been set but it would be in early May. Mrs. Lamb reported that there was a hazardous tree taken down at the fire house.
Mrs. Lamb stated that she is the liaison to the Recreation Board and asks Mr. Berger if he would like to report on anything of interest the Athletic Club.
Mr. Burger announced important dates to remember. He announced Wednesday, February 20th Saturday, February 23rd and Wednesday, February 27th are the days to sign up for baseball and softball.
Mrs. Frantz made a motion to accept the Parks & Property Report, seconded by Mrs. Smith.
Comments from Council:
Mr. Artese asks should the bids come back lower can Council reconsider the street list?
Mr. Yorke responded that it was a good idea and we’ll see where the bids come in.
Carried by a vote of 7-0
HISTORIC COMM./COMMUNITY RESOURCES – COUNCILOR BOB BERGER (COPY ATTACHED)
Mr. Berger announced that he would have a recommendation later during the meeting to appoint Ms. Lou Anne Bulik to the Historic Commission.
Mrs. Lamb made a motion to accept the Historic Commission/Community Resources Report, seconded by Mr. Miccarelli.
Comments from Council:
Mr. Miccarelli asks about the figures.
Mr. Berger responded. (COPY ATTACHED)
Carried by a vote 7-0.
PUBLIC RELATIONS/LIBRARY – COUNCILOR NICHOLAS MICCARELLI (COPY ATTACHED)
Mr. Miccarelli mentioned to report an airplane flyover call the FAA hotline. He stated that flyers went out with the FAA hotline telephone number in the tax bills. (Copy Attached)
Mr. Berger made a motion to accept the Public Relations/Library Report, seconded by Mr. Artese.
No Comments from Council.
Carried by a vote of 7-0.
COMMUNICATIONS – COUNCILOR PERRY ARTESE (COPY ATTACHED)
Mrs. Frantz made a motion to accept the Communications Report, seconded by Mr. Berger.
No Comments from Council.
Carried by a vote of 7-0.
PRESIDENT’S REPORT – COUNCIL PRESIDENT JOSEPH YORKE
Mr. Yorke reported that the TSB Development at 307 Sellers Avenue the developer has submitted a set of plans to be reviewed by the Planning Commission. He explained that previously the plans for this area were denied by the Planning Commission and appealed at the County level. The judge remanded this development back to the Ridley Park Planning Commission. Mr. Yorke announced that the Planning Commission meets on the fourth Wednesday each month. The next meeting is Wednesday, February 28th.
Mr. Yorke reported on the Zoning revision to date that Borough Council has been given a copy of the latest revisions. He announced that a copy would be placed in the Borough Hall and the Library for public review. He stated that the first public comment discussion would be at the end of March.
Mr. Yorke reported on a new fee schedule. The Planning and Zoning Committee is gathering data from nearby townships and boroughs with the intent of updating our fee schedule.
Mr. Artese made a motion to accept the President’s Report, seconded by Mrs. Lamb.
No Comments from Council.
Carried by a vote of 7-0.
BOROUGH ACTIVITY
BOROUGH MANAGER’S REPORT – TERRY BRADLEY
Mrs. Bradley reported that when she was appointed as Borough Manager, Council specifically asks her to look into the financial status of the Borough. She explained that after a thorough review, made a report and consulted Council and asks for Barbacane and Thornton to send a representative to the office to discuss the preliminary figures. Barbacane and Thornton were asks to expedite the audit to be presented in March but as late as April. Mrs. Bradley stated that Council wants the residents of the Borough to know exactly what the state of the financial affairs at the Borough is. Council would then put together a comprehensive plan on how to proceed. Mrs. Bradley stated in reviewing all the auditor’s reports all the outstanding grants are research found several things:
The Liquid Fuels application for last year was past due. She stated that a Resolution would follow later during the meeting for this year’s Liquid Fuels.
Mrs. Bradley explained that she is conducting a thorough research on the status of the grants.
Mrs. Bradley stated that, at Council’s request, she will look into ways of defraying expenses, operating expenses in the Borough. She explained that the Borough has been doing payroll by hand and inputting everything into a DOS program and cutting checks using a DOS point matrix printer. Mrs. Bradley stated that the Borough had to hire a CPA to do the quarterly reports. She stated that it was expensive, time consuming and inefficient.
Mr. Yorke thanked Mrs. Bradley for a very extensive report and stated that she worked many long hours on the grants and to bring the Borough up to date as well as for the payroll services.
Mrs. Smith made a motion to accept the Borough Manager Report, seconded by Mrs. Lamb.
Comments from Council:
Mr. Yorke commented that going to a biweekly basis would free up time for the secretaries as well as to not have the auditors come quarterly.
Mr. Miccarelli asks Mr. Yorke if it was his intention to vote on this issue tonight.
Mr. Yorke responded yes.
Mr. Miccarelli stated that he did not see it on the agenda.
Mrs. Bradley stated it would be by motion.
Mr. Yorke called for a vote.
Report Carried: 6 Yea – 1 Opposed (Councilor Berger Opposed)
SOLICITOR’S REPORT – REGINA MACKENZIE
Mrs. Mackenzie stated that she had one item and that was to authorize the execution of the solid waste hauling contract with J.P. Mascaro & Sons. She stated that the contract was executed by J.P. Mascaro and returned with a bond.
Mrs. Bradley stated that the contract was resolved in December by the previous Council. She explained at this time Council only needs a motion to accept the contract.
Mr. Miccarelli made a motion to accept the Solicitor’s Report, seconded by Mr. Berger.
No Comments from Council.
Carried by a vote of 7-0.
ENGINEER’S REPORT – MR. CATANIA, JR. (COPY ATTACHED)
Mr. Catania stated that he recommends approval on Recommendations of a series of Payments, Certificates and Change Orders for the Ridley Park Police Station construction and the Firehouse addition.
Mr. Catania reported that a preconstruction meeting was conducted with Ellis Construction the contractor for the roof replacement project for the Athletic Club. He stated that the project would start within a week depending on the weather. He announced that the project is fully funded by the Community Block Grant program.
Mr. Miccarelli made a motion to accept the Engineer’s Report, seconded by Mrs. Lamb.
No Comments from Council.
Carried by a vote of 7-0.
MAYOR’S REPORT
Mayor Eberle announced the opening of a new store in the Business District, The Comfort Zone Massage, located at 119 N. Swarthmore Avenue.
Mayor Eberle read a letter from a former resident of Ridley Park requesting a plaque to honor Barry Murtaugh and James Moore who was killed in the Vietnam War. Mayor Eberle requested another name to be added to the plaque Tom Howell a helicopter pilot during the Vietnam War. He stated that Tom’s mother is a Gold Star Mother. Mayor Eberle asks Councilor Nick Miccarelli a member of the Army National Guard and a combat veteran of the Iraq War and also served in Kosovo to develop a plaque for Memorial Day ceremonies.
Councilor Nick Miccarelli stated he would be honored.
Mayor Eberle presented some past history of Ridley Park.
Mrs. Frantz made a motion to accept the Mayor’s Report, seconded by Mr. Berger.
No Comments from Council.
Carried by a vote of 7-0.
Mrs. Frantz commented that at the Trainer Farm circa 1765, in her deed it states that she is allowed to raise and have pigs on her property.
MOTIONS:
A motion was made to authorize the execution of J.P. Mascaro & Sons Solid Waste Hauling Contract.
Mrs. Smith made a motion to accept J.P. Mascaro & Sons as the Solid Waste Hauler, seconded by Mr. Miccarelli.
No Comments from Council.
Carried by a vote of 7-0.
A motion was made to retain PayChex to handle the automated payroll.
Mrs. Lamb made a motion to retain PayChex to handle the automated payroll, seconded by Mrs. Smith.
Mr. Miccarelli stated he would vote NO to the motion and he asks that it be tabled for a month. He stated that he understood the purpose and Mrs. Bradley has done diligence in ways to save money, but that there would be significant animosity against this if it is brought forward. Mr. Miccarelli explained that he and the other Councilors have received a letter from the attorney from the FOP expressing their unwillingness to go forward and they believe it is an unfair labor practice in their contract.
Mr. Yorke stated that there is a motion by Mr. Miccarelli to table the motion to have PayChex handle the automated payroll tabled. Seconded by Mr. Berger.
Comments from Council:
Mr. Yorke commented that the above motion was discussed thoroughly and he felt it was not necessary to table this motion but to take a vote. He didn’t see what difference a month would make. He stated that there may be some against it but it would move the Borough forward.
Mr. Miccarelli stated he understood the fiscal advantages of doing this but he feels the indication he is receiving from the FOP is they plan on taking this and pursuing legal action against the Borough. He stated that the Borough would be moving forward trying to save the Borough money but there would be no gain due to legal fees.
Discussion followed.
Motion to table was defeated by a vote of 4-3. Motion to approve Paychex for automated payroll was approved 4-3.
RECOMMENDATIONS: (COPY ATTACHED)
FINANCE & PERSONNELL – COUNCILOR JEANNE FRANTZ
- Accounts Payables for February
- Award Contract for Fireworks
- Approve payment certificates for Nasella & Sons, Alternative Controls, Metropolitan, Target, Lenni, Hampton.
Mrs. Frantz is the maker of motion, seconded by Mr. Berger. All recommendations ratified by a vote of 7-0.
PARKS & PROPERTY – COUNCILOR DORIS LAMB
- Authorization to publicly advertise and solicit bids for the 2008 Road Program.
Mrs. Lamb is the maker of motion, seconded by Mr. Berger. Recommendation ratified by a vote of 7-0.
HISTORIC COMMISSION/H.A.R.B. – COUNCILOR BOB BERGER
- Appointment of Lou Anne Bulik to HARB.
Mr. Berger is the maker of the motion, seconded Mr. Miccarelli. Recommendation ratified by a vote of 7-0.
COMMUNICATIONS – COUNCILOR PERRY ARTESE
- Authorization to award contract for 2008 Telecaster to Joseph Frantz.
Councilor Jeanne Frantz has requested a separate reading and vote of this recommendation.
Mr. Artese is the maker of the motion, seconded by Mrs. Smith.
Recommendation ratified by a vote of 6-0 (Frantz abstained due to conflict).
PUBLIC COMMENT
Carole Nasella, 202 Riverview Road
Mrs. Nasella asks several questions concerning the Highway Department.
Why have we started to outsource the grass cutting instead of doing it ourselves, as in the past?
Doris Lamb answered by stating that the equipment was expensive and hard to maintain. It was more cost efficient to have a contractor do it.
Carol Nasella also asked why we did not allow for PECO to use our police to stand guard at the site of the leak, since that is reimbursed by PECO.
Borough Manager explained that PECO asked for police coverage, but it was unnecessary. In any event, the Borough would have had to front the money, and we did not have it to front. They offered to have us charge it on a credit card, but the Borough does not have a credit card on which it could have been charged.
Corporal Mark Bascelli, Ridley Park Police, FOP Representative
Corp. Bascelli addressed Council on the issue of biweekly pay and direct deposit that Council voted on this evening. He stated to Council how they continue to violate their contract and created an unfair labor practice. There are issues with the figures that Mrs. Bradley presented earlier in the meeting. Corp. Bascelli along with the Ridley Park Police Department in the audience stated that they all oppose the biweekly pay and direct deposit. He explained that the non-uniform employees would be on the offence and will have a problem with violation of their contract. He expressed to Council that it would be costly and Council would be spending more money for arbitration. He stated that it was unfair and asked Council to reconsider. Corp. Bascelli assured Council that he will exercise the rights of the police and will file a grievance if Council pursues the issue. He asks if Council discussed this issue with the solicitor.
Mr. Yorke responded yes, and that’s what made Council come to this decision.
Corp. Bascelli asks has the solicitor investigated in anyway, with previous cases within the County and FOP.
Ms. Mackenzie responded that she did not; her review did not extend to that level.
Corp. Bascelli stated he did investigate and the FOP won two prior cases in the County. He stated that the recommendation should have been tabled.
Corp. Bascelli stated to Mrs. Bradley that he had about a ten minute discussion with her regarding this issue. He stated that Mrs. Bradley asked for his opinion and he responded that the police and non-uniform employees tried this in the past and the employees did not want it. He explained that Mrs. Bradley was going to have a presentation with three payroll companies. He stated in the best interest of the Borough the members of the police department and department heads be brought to the meeting to discuss what the options were or what it was going to cost.
Mrs. Bradley responded it was offered.
Corp. Bascelli stated that he had no knowledge of the meeting and he bet the Crossing Guards didn’t know either. He explained the Crossing Guards don’t make that much and some even depend on the check each week and Council is going to change their life style. He stated to Mrs. Bradley that she didn’t inform anyone and that she did this on her own.
Mrs. Bradley responded that she doesn’t do anything alone and that her job is to present it to Council who ultimately gives her orders. Mrs. Bradley stated that Corp. Bascelli did come to see her and explained to him the following:
That if it was going to difficult on his family and his wife is being paid the 2nd and 4th weeks of the month, she would make sure he was paid the 1st and 3rd weeks of the month.
Corp. Bascelli responded that she couldn’t accommodate all the officers that way, it’s impossible.
Mrs. Bradley stated to help bridge the gap the Borough would advance some money to
start and that Corp. Bascelli requested direct deposit.
Mrs. Bradley explained that one day ADP came to make a presentation. When they came to her office they said there was a big guy downstairs in uniform with a gun and he said direct deposit no biweekly payroll. She stated Councilors were there for the presentation and the Finance Committee was involved with all the presentation from the other payroll services. She stated that there were plenty of employees who said they wanted direct deposit, not just the police department. The Highway Department didn’t have one complaint along with several others. She stated that it’s physically responsibility to do something to decrease operating expenses and that there is other local municipality in the area pays on a weekly basic.
Discussion Followed
Corp. Bascelli stated he is totally disappointed and sorry Mrs. Bradley took the action she did and totally disappointed that Council is creating an unfair labor practice. He commented that he would be filing a grievance.
Mrs. Bradley commented it is his right.
Rich Wysocki, Comerford Avenue
Mr. Wysocki commented that there wasn’t anything under recommendation regarding the biweekly checks.
Mr. Yorke responded that it was under the Borough Manager’s Report, Payroll Services.
Mr. Wysocki criticized Council for not approaching the representative of the police department. He stated that Council should have reviewed the contract and reopened the contract. He explained that in the police contract it reads “as is” and that is what was negotiated. He stated that Council would be held liable and he hopes the residents of Ridley Park aren’t going to foot the bill.
Mr. Yorke responded that Council wanted to speak with the FOP but it was turned down.
Mr. Wysocki stated he stands behind the police officers and that they do a good job and that he was very disappointed with Council.
Corp. Bascelli commented that Council did not consult with the Borough Solicitor or FOP whether Council would be violating a contract.
Mr. Artese asked for clarification that the Finance Committee try to meet with the FOP.
Mrs. Bradley responded that she and the Finance Committee offered to make a presentation with the police department at their meeting and it was rejected.
Police Chief Byrne responded to Council and stated he had to speak up now because this wasn’t true. He stated Mrs. Smith asked him if Mrs. Bradley could attend the meeting and he said no. That meeting was to discuss police matters with the police officers and to introduce Mrs. Smith a Public Safety liaison and to discuss rumors that were circulating. Chief Byrne stated at no time was he asked to have Mrs. Bradley and Finance Committee to make a presentation on payroll.
Mrs. Smith responded that she was asked to attend the meeting to be introduced and because of the rumors. She asked if Mrs. Bradley could attend and Chief Byrne said no. Mrs. Smith explained when she attended the meeting she was side swiped and the issue of payroll was brought up and she had no figures. She stated that had Mrs. Bradley been there she would have been able to explain the issue.
Chief Byrne stated that Mrs. Smith was correct but the questions regarding the payroll weren’t asked by him. Mrs. Smith and Chief Byrne agreed that there was confusion.
Discussion Followed
Bill Applegate, 300 Trainor Street
Mr. Applegate asked Mrs. Bradley regarding the back up documentation on the grant applications would the Borough have lost a million dollars in grants.
Mrs. Bradley responded that every grant has an expiration date and yes, there would have been an expiration date for those grants. Mrs. Bradley explained the submission and procedures for grant applications. She stated that the Borough has received the money for the Parking Meters and Crash Investigation Team. Mrs. Bradley explained the Borough has to submit the documentation showing the DCED how the Borough spent the money and that it was appropriately used. She stated that is one of the reason why the Borough has to return $15,000.00 of the 59,000.00 that was received from Parking Meters. Those two grants because the back up documentation was not received have held up all the receipts and the review of other applications. The Borough must be in compliance before DCED will even review any grant application.
Dan Dunlap, 510 Haverford Road
Mr. Dunlap commented on an inlet culvert on his property causing water problems.
Mr. Catania explained that Mr. Dunlap was having issues at the end of Milmont and Haverford Road with water gushing down. He explained at Milmont Avenue the water runs down into his parking area and is causing problems.
Mr. Yorke asks Mr. Catania to send someone from his office to observe the situation. He commented that this would be expense for Council to consider.
Mr. Dunlap commented on the FAA and an odor that he thought was caused by fuel dumping.
Mrs. Smith stated that she walks everyday and she believes the odor is coming from the refineries in New Jersey.
Police Chief Byrne stated they receive calls constantly about gas odors.
Jim Glenn, 116 Kearney Place
Mr. Glenn commented to Council that he would like the wall reinforcement behind his house completed by spring. He stated that this project has been ongoing for three years and he may have to take legal action. He asks Council how much money is in the escrow fund. Mr. Glenn explained he tried to get information from the contractor but was told all information is privileged.
Mrs. Mackenzie responded that Mr. Glenn filed for a copy of the reports and she advised him that they are not public records and that he should obtain an attorney.
Mr. Glenn commented to Mrs. Lamb that in her report she stated something about closing one of the baseball fields at Recreation Park.
Mrs. Lamb responded that she didn’t recall specifying any field. She recalls a conversation with Bob Berger that he was planning to move athletic events to Catania Field.
Mr. Berger responded that the Athletic Club is 100% viable on its own and membership is growing.
Mr. Miccarelli commented that there wasn’t any plans to do away with any fields.
Discussion Followed.
Steve Keeney, 101 Baldwin Avenue
Mr. Keeney asks Mr. Yorke is 307 W. Sellers Avenue on the clock.
Mr. Yorke responded yes, it is on the clock it is in the process of going to the Planning Commission this month. He explained that everyone on the Planning Commission has a copy of the plan, the Borough Engineer will prepare his comments and the Borough Solicitor will review it to see if it’s a proper submission or possibly have to be resubmitted under a whole new title.
Discussion Followed
Mr. Catania stated to Mr. Keeney that he should attend the next Planning Meeting to make the presentation again.
OLD BUSINESS
Mr. Artese commented that there has been little discussion on the downtown revitalization project. He stated that it is a funded project and that this is time of year to be put out for bids.
Mr. Yorke responded that there hasn’t been discussion on Council’s part but he asks the Borough Engineer Charles Catania to make copies. Mr. Yorke stated that Council could discuss the issue at the next Workshop.
Mr. Artese asks if there was a time limit that the money had to be used.
Mr. Yorke responded that there is a time limit but he didn’t know what it was.
Mr. Catania stated that he though it is eighteen months from the date of the agreement and as the date becomes closer the Borough would have to file for an extension.
Discussion Followed.
Mrs. Smith asks Mr. Miccarelli if there was any update on Phase 3.
Mr. Miccarelli stated he would be following up with County Council. He stated that all talk with County Council is positive and that there would be some funding. Mr. Miccarelli stated that there was a misunderstanding about the letter then what it specifically stated. He explained that way the letter was written sounded like the Borough was not approved for the current Phase of funding. It is not to say that the Borough would not be approved for the 3rd Phase of construction to be done. Mr. Miccarelli stated the he would fight vigorously to insure that the Borough of Ridley Park collects the money form the County.
Mrs. Smith asks Mr. Catania if there are any plans for Phase 3.
Mr. Catania stated nothing more than the original plans.
NEW BUSINESS
None
ADJOURNMENT
Mr. Miccarelli made a motion to adjourn, seconded by Mrs. Smith.
Carried 7-0
Respectfully Submitted,
Terry Bradley, Secretary/Treasurer
Prepared by Christine Graham
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