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Darby Borough Council Meeting Minutes
Minutes of the Darby Borough Council Meetings
Minutes for the December 4th, 2002 Council Meeting
Public Comment
Kathy Spano of Lawrence Avenue - The road is blocked on Lawrence Avenue? Mr. Powers explained that there was a collapse of a retaining wall at S & S Auto and that until it is reparied the road must remain closed.
Jim Horan - of South 6th Street - Why was there no trash pick up on Friday? Why did the borough not put a notice in the newspaper? Main Street is in bad condition as far as pot holes. When will the traffic survey be done at BVM Church for a left turn signal?
Mr. Earl Dexter - 500 Block of Main Street - Main Street is terrible as far as businesses are concerned. Kids loitering, cars stolen, windows broken, trash being thrown on the street. In addition he is not happy that people must now pay to park on Main Street in the one parking lot.
Harry's Check Cashing - 500 Block of Main Street - Opposed to charging people to park on Main Street.
George Koudis, attorney for Eileen Sidlow, he is at the meeting representing Ms. Sidlow who owns part of the property that is now being used as a parking lot. It is his clients right to use the property however she feels. Mr. Pierce reiterated that it is private property but what Mr. Kourdis's client may not realize is that it would be considered earned income and subject to both Earned Income Tax and Business Priflige Tax and also the issue of zoning violations could become an issue.
Borough Administrator's Report
Mr. Possenti reported that next Thursday, December 12, 2002 the final budget meeting will be held prior to adopting the budget. All bills are paid and current. Mr. Possenti met with Chief Smythe and Judge Lacey regarding fines that are due to the Borough of Darby, many of them repeat offenders. The totaled owed to the borough is 1.1 million dollars. This will be a juge source of revenue once it is received.
Recreation Committee
No report
Finance Committee
No report
Ordinance /Zoning Committee
One non-residential occupancy permit - Christina Tolbert - 515 Fern Street to open a Beauty Supply Store trading as Christina's Beauty Supply located at 303 Main Street in Darby.
Motion was made by Janice Davis, Second by Helen Thomas
Motion carries 9-0
Police Committee
Report is attached. In addition, Mr. Coghlan reported that a turkey dinner was sent to Ms. Barbara Pankey's house and flowers were sent by the borough. ( Barbara Pankey is a crossing guard who was on duty at MacDade and Ridge Avenue when she was hit by an oncoming car and hospitalized.)
Grant's Committee
Mayor Brown reported that the Weed and Seed Program is still in effect. She met with the Southwest CTC Board and the Assistant District Attorney of Philadelphia who would like to work on a collaborative effort to develop the program through MacDade Blvd.
Mayor's Report
Parking restrictions have been strictly enforced especially around Park Lane Elementary School . Any vehicles that enter a Do Not Enter area will be ticketed or car will be impounded. There is a shortage of crossing guards. The computers have been down in the Police Department because of a problem with the server. Santa Claus will be on every street in the Borough of Darby on Christmas Eve riding on the fire truck. Applications for Toys for Tots and Christmas Baskets can be picked up at the Darby Police Station. Residency requirements are being strictly enforced. Last year over 1,000 children were provided with toys.
Municipal Services Report
Mr. Mawhinney asked Mr. Possenti to please include funding for a new sewer truck in the 2003 budget. He feels that if we can by new police cars that we should be able to take care of the Highway Department as well. The highway department is ready for the snow.
President's Report
Ms. Maskart asked Mr. Possenti to send a letter to Darby Fire Company #1 and ask them to attend the December 18, 2002 meeting to speak about fire safety. The cold weather and the holidays always seem to have a higher percentage of fires. On another note, Ms. Maskart reported that Fitzgerald Mercy Hopsital held a poster contest for all the elementary schools and the Girl Scouts to submit a piture ot be entered for a calendar. One of the winners, Reanne Maskart will be the month of January. Any other winners who are from Darby will be brought in at another time to be recognized with a Certificate of Merit. Ms. Maskart wanted to acknowledge that Mrs. Rita Tucker has put a lot of time, energy, and money into making the Council Room and the newly painted offices look nice. Ms. Maskart would like Rita to be recognized with a Certificate of Appreciation at the next meeting. She also thanked Mr. Possenti for buying the Christmas Tree and the ornaments that are now being displayed in the Council Room.
Solicitor's Report
Reviewed Contract and Bid specs for trash collection, I would suggest a meeting with Municipal Services Committee and Borough Administrator to discuss the various options.
We are preparing the letter to be sent to the borough residents with outstanding sewer and trash fees for the year 2000. This letter will detail the fees to be collected for outstanding balances including the penalties, interest and additional assessments that will be added to the base fee in the event the liens will be field approximately 30 days after the letters. In addition, please review the memo I provided last month concerning sewer and trash issues. There are still a few outstanding inquires that will be addressed shortly.
There are multiple matters of litigation that can be updated at an executive session. There is no action that needs to take place immediately
All other matters are in order.
Minutes for the February 7th, 2001 Council Meeting
Listed below are the Official Minutes downloaded from the Borough Office Secretary's computer. (Not responsible for content or typographical errors.)
MINUTES OF THE REGULAR COUNCIL MEETING, WEDNESDAY FEBRUARY 7,2001
President Maskart Called to Order the meeting of February 07,2001 at 7:30 p.m. Roll call followed by Pledge of allegiance.
PRESENT:
Mayor: Paula Brown
President: Angel Maskart
Council: Ms. Davis , Mr. Mawhinney (Arrived 7:55) Mr. Robinson, Mr. Rogers, Ms. Stewart,
Ms. Townes, Ms. Thomas and Mr. Davish
Secretary: Kathleen Gamble
Solicitor: Michael Pierce
Engineer: Nikki Roberts
Code Enforcer: Thomas Powers
Police Chief: Robert Smythe
Public Comment
Dorothy Natale 201 Hamilton Ave has a question she lives across the street from Abel Converting who is moving, is she still eligible for a tax abatement? Councilwoman Maskart states that she is not aware of anything at this point. There is nothing concrete that Council is aware of.
Jim Horan 112 S. 6th Street that trailer is still down on New Walnut Street. I want a letter sent to Mr. Cassidy to remove that trailer immediately he is not working in that building let him pay some rent for storage here no one has been in or out of that trailer for over a month and I've been watching it everyday. Next when the trash men miss a day for pick up are they penalized anything? January 16th on my side of the street they missed are they penalized for missing a day? Mr. Davish states no
Mr. Horan asks why not? What is their excuse? Mr. Davish states he is unaware of the situation. Mr. Horan states well find out. Next the company Able what are those antenna's on top of that water tower? Does anyone know? Ms. Maskart states Cell Phones. Mr. Horan asks is the Borough getting any money out of it? Councilwoman Maskart states yes. Mayor Brown states we are supposed to be able to collect the business privilege tax. We collect the 1-% earned income tax.
February 7,2001
Mr. Horan asks the tax statements that were sent out whose idea was it to change the form from past years? Because people think that their taxes were cut. I already asked four people they said my taxes go down. What is not going down is the sewer rental and trash collection. Whose idea was it to change the tax form? Michael Piece states it has to be separated. Mr. Horan asks why does it have to be separated? Michael Piece states that just because every other year it has been done that way does not mean that it has been done correctly. Whose idea was it to change that are you trying to fool the people? Mayor Brown states that Council voted to separate the sewer and trash in several meetings. They discussed it in December prior to the adoption of the budget because of residents having problems paying the sewer and the trash they thought it would be easier for the residents to be able to pay it quarterly installment instead of one big chunk.
Mr. Horan asks how are we making out on delinquent taxes? Mr. Pierce states apart from the $127,000.00 that we have collected since we instituted the sewer and trash funds we have not collected anything.
Mr. Horan states one other thing he would like to bring up that in 1986 when One million dollars was given to this Borough to help them out and that was given by Fitz-Gerald Mercy Hospital at the time. You mean they could not help themselves out. Now we are back in debt. Mayor Brown states that she was just going on Council at that time and it was not a Million Dollars. Back in 1984 they were going to institute the 1% earned income tax and Fitz-Gerald Mercy optioned to pay the Borough $150,000.00 every year instead of taxes. So that was a donation Fitz-Gerald gave to the Borough so we would not collect the 1-% earned income tax. They continued it for several years and we did not put the 1-% earned income tax in effect at that time. They had to stop because they could not give us anymore money.
Freeman Cox 9 Claredon Drive states he is getting tired of the news paper reports about these school kids. He stated discipline started at home.
February 7,2001
Borough Secretary's Report
Kathleen Gamble states that she does not have a report, but wanted Council to be aware that I put the Tax Collector's report for December, January and February in your files. This is a summary the detail report is available in the Borough office in a Tax Book located next to the Minute Book.
Municipal Services Report
Councilman Davish reports that in January we had two sanitary call outs one of them was the 27th of January at Hill Top Field. There was also one at the 900 block of Ridge. On the big yellow truck the piston on the plow is broken. I don't know if it can be repaired or has to be replaced. The salt spreader for the smaller yellow truck when it comes in it will take two days for the truck to have the spreader installed.
Motion made by Councilman Rogers Seconded by Councilman Davish to remove Aaron Ockimey as foreman and replace with John Kalin as acting foreman at this time.
Motion by Councilman Robinson seconded by Councilwoman Stewart to Table the Motion to remove Aaron Ockimey as foreman and replace with John Kalin as acting foreman.
MOTION TIED 4-4-1 (NO-ROGERS, DAVIS, DAVISH AND MASKART-ABSTENTION THOMAS).
MOTION CARRIED BY MAYOR BROWN'S TIE BREAKING VOTE NO.
Roll call on current motion on floor made by Councilman Rogers seconded by Councilman Davish.
MOTION TIED 4-4-1 (NO- ROBINSON, STEWART, TOWNES & MAWHINNEY ABSTENTION-THOMAS)
MOTION CARRIED BY MAYOR BROWN'S TIE BREAKING VOTE YES.
Motion made by Councilman Davish seconded by Councilman Rogers to replace John Kalin with Jesse Lites as actin assist foreman in the absence of John Graci.
MOTION CARRIED 7-1-1 (NO-MAWHINNEY-ABSTENTION-THOMAS).
February 7,2001
Councilman Davish read a letter from Philadelphia Suburban Water Company concerning work they are starting the week of February 5,2001 in the borough. This will be a four-week project.
(see attached).
Engineer's Report (see attached)
Nikki Roberts reported on Storm drainage Restoration work is completed and final payment is recommended at this time.
Nikki reported on the Borough participating in a federal/state acquisition program to acquire and demolish 31 more homes that were damaged by Hurricane Floyd.
Motion made by Councilman Davish seconded by Councilwoman Townes to pay $16,700 to A.J. Jurich, Inc. for completed work on the Storm Drainage Restoration, Certificate #1-Final Payment.
MOTION CARRIED 8-0-0 (DAVIS NOT PRESENT FOR VOTE).
Finance Committee Report
Motion made by Councilwoman Townes seconded by Councilman Davish to pay the Vouchers that are approved by Mr. Possenti.
MOTION CARRIED 9-0-0.
Motion made by Councilwoman Townes seconded by Councilwoman Stewart to obtain the services of Jones, Hayward and Lenzi to perform out 2000 audit.
MOTION CARRIED 9-0-0.
Solicitor Report
Mr. Pierce reports that on the Tax assessment appeals we filed the answer to the Alberici Tax assessment appeal. On 1/25/2001 we filed the answer to the tax assessment appeal for Jones.
February 7,2001
There are multiple matters of litigation that we will discuss in executive session concerning cases that are currently in court for the Borough. In addition as promised the Sewer and Trash liens for the years 1997-2000 have been filed in the Court of Common Pleas they are on record, therefore any settlements that go forward for properties that have delinquent Sewer and Trash will hopefully be addressed at the time of settlement. As those funds come in we will have to pay-off the filing fees and the satisfaction fees that is the arrangement we have with the County.
Ordinance Committee (report attached)
Councilman Rogers reports that the Committee meant on January 24,2001 to discuss two non-residential occupancy permits. The Borough Solicitor will be prepared to discuss the proposed ordinance submitted by the Darby Borough Historical Society at the next Committee Meeting concerning the creation of a Historical Commission.
Code Enforcement report read by Tom Powers see attached.
Recreation Committee
Councilman Robinson reports that the activities of PAL is growing. I have surveyed some of the children as to what they like. Stated that more volunteers are needed for different activities.
Mayor Brown asks Councilman Robinson if he did do a survey of the playgrounds. Councilman Robinson stated that he did do that, but there was a lot of snow on the ground last week.
Councilwoman Davis stated that as Co-Chairman of Recreation I took time out to check those playgrounds and I have a list of Playgrounds that are in need of equipment and repair. (List attached)
Councilwoman suggested that the Chairman locate playground equipment companies and submit a price list at the next committee meeting.
February 7,2001
Grants Committee
Mayor Brown reports on the Cops More 2000 we are still waiting to here from the department of Justice they received the signed award and now they just have to let us know just when exactly we can draw down the funds for the police clerks.
Public Safety Committee
Councilwoman Thomas reads a letter that she has submitted to be placed in the Spotlight.
(letter attached).
Police Committee
Councilman Mawhinney reported crimes for the month of January 2001. (See attached)
Chief Smythe comments on the situation in the schools. Just today there was a kid reporting a gun was pulled on him. All week long we are over there at the school. We just can't afford to have the manpower over there.
Councilman Rogers states that instead of one or two Council members grand standing with the news media we have to address this problem collectively as a whole Council.
President's Report
Councilwoman Maskart states that the awards for outstanding women in our community will be given out at the next Committee Meeting. You may still submit nominations.
Mayor's Report
Mayor Brown reads a Proclamation concerning Carter G. Woodson as the father of Black History. Woodson chose the second week of February because two persons he felt had dramatically affected the lives of Black Americans were born during that month Abraham Lincoln and Frederick Douglass. (Proclamation attached).
Mayor Brown read a letter from the attorneys for the William Penn School District concerning her being quoted in the January 21st 2001 edition of the Delaware County Times, as stating "if we get a
February 7,2001
Call for a disturbance fight or juvenile problem we are not going to remove the student from the school anymore." School district officials also have been advised that Darby Borough Police will not respond unless it involves a weapon. The Attorneys are requesting clarifications concerning the issues. (see attached)
Mayor Brown Responded with a letter stating that it is not advisable to take quotes from news papers. Also who advised the Officials. (See attached)
Directive given to Darby Borough Police Department read by Mayor Brown. (see attached)
Mayor Brown states that the Police Department is called on a daily bases to the schools.
Additional Public Comment
Robert Tyler 759 Fern Street asks each person to come to school board meeting. Help together as a group. We need all your help the kids are hurting.
Dorothy Natale 201 Hamilton Avenue speaking on the home and school association's do they still have them. Councilwoman Maskart states yes, but with a lack of volunteers it is hard.
John Mackery 341 Mulberry states that he feels the problem is inside the school not so much out side. He feels that the rules are being broken and nothing is being done about the small things the kids are doing wrong.
Julia Parrish 210 Wright Ave. as far as the school problem it begins at home. She feels that the homes that are being rented out through the Government funds Section 8 it is the people renting these places that don't care for their children and feel as though it is the responsibility of the school to raise there kids and teach them how to act.
Julia Parrish addresses the problem with the amnesty on the delinquent taxes. Review tax issue again.
Someone needs to find the parents of these kids and make them act right.
February 7,2001
Tommy Robinson 410 S. 7th Street states he has taken his "A" student out of Upper Darby High School and placed him in William Penn School District to get C's and D's his child states that there is to much detraction.
Bernice Dickerson talking as a resident we can do this collectively. We had neighbors that called our parents when we did some thing wrong. We have to change we need volunteers. We need people for town watch. We are trying to communicate to residents.
Carla Jones 528 Pine Street My question to you concerning the girls that jumped the girl what was done to them? Mayor Brown states that it is currently under investigation.
Tom Blair Chestnut Street is Chairman of Darby Little League it is the anniversary if anyone has any old memories or trophies that we can borrow for the parade.
Motion Made by Councilman Davish seconded by Councilwoman Townes to adjourn the meeting.
MOTION CARRIED ALL AYES.
MEETING ADJORNED
MINUTES OF REGULAR COUNCIL MEETING, WEDNESDAY JANUARY 3,2000
President Maskart Called to Order the meeting of January 3,2001 at 7:30 p.m. Roll Call followed by Pledge of Allegiance.
PRESENT:
Mayor: Paula Brown
President: Angel Maskart
Council: Ms. Davis, Mr. Mawhinney (arrived 8:00), Mr. Robinson, Mr. Rogers,
Ms. Stewart, Ms. Thomas, Ms. Townes and Mr. Davish.
Secretary: Kathleen Gamble
Solicitor: Michael Pierce
Engineer: Nikki Roberts
Code Enforcer: Thomas Powers
Police Chief: Robert Smythe (arrived 8:00)
Financial Advisor: Joseph Possenti (in audience)
Public Comment
Jim Horan 112 S. 6th Street all I want to know that trailer down on New Walnut Street. I have not seen anyone in or out of it for two months. When is it gonna be removed? It's an eyesore.
Councilwoman Maskart ask is that the trailer could it be from the work on 896 Main Street the contractor down there? Tom Powers states that there is a contractor working on those stores on Main Street.
Approval of Minutes
Motion made by Councilwoman Townes seconded by Councilman Davish to approve the minutes of the December 2000 Council meeting.
Mayor Brown has a correction on the minutes on page 3,2nd paragraph under the Borough Secretary Report the third sentence should be what we do now and not know. In addition to that on page five the minutes should reflect that there was an ordinance committee report given and it should state that there were no non-residential occupancy permits to be approved. On page 7 under public safety it should reflect that a report was given and a brief summary should be under the heading.
MOTION CARRIED ALL AYES.
January 03,2001
Minutes for the June 7th, 2000 Council Meeting. These minutes have not been adopted or approved as of yet. They will be submitted for approval at the July Council meeting.
MINUTES OF REGULAR COUNCIL MEETING, WEDNESDAY, JUNE 07, 2000
President Robinson opened the meeting a 7:30 p.m. Roll call was followed by the Pledge of Allegiance.
Present:
Mayor: Paula Brown (left 8:30)
President: Alfred Robinson, Jr.
Council: Mr. Mawhinney, Mr. Rogers, Ms. Stewart, Mr. Siles, Ms. Thomas (left 9:00), Ms.
Townes, Mr. Davish.
Solicitor: Mr. Fincourt Shelton, Esq.
Engineer: Nikki Roberts
Police Chief: Robert Smythe
Borough Sec.: Kathleen Gamble
Ms. Harris a Darby Borough Resident speaks about concerns do to flood damage to her home and other homes on her block. Ms. Harris is questioning guidelines for the consideration for a buyout. Mayor Paula Brown quoted Ron Killian from PEMA as to saying the reason for a buyout of a home is not just structural damage. Another reason would be the ice cube theory if you put an ice cube in a full class of water the glass would over flow. Works the same with houses in a flood zone. Nikki Roberts the Borough's Engineer explains that it is PEMA's decision to choose which homes are eligible for a buyout and is not up to the Borough Officials.
Chief Smythe presented the Award of Merit and Commendation to Lts. Guy and Della Vecchio, Sgt. Gibney, Officers Della Barba, Quatapella, Sminkey, O'Donnell, Trigg, Colucci, Dawson and Pitts also two Darby Township Police Officer's Michael Jay and Lenny Mc Devitt for a job well done in the drug arrest of 23 people on May 11, 2000.
Chief Smythe presented the Award of Merit and Commendation to Officer Dawson, Sminkey and Colucci for the quick thinking on May 21st 2000. Which enabled them to rescue two women trapped on a burning house roof at 327 Berbo Street.
Mayor Paula Brown presented Police Chief Robert Smythe with a plaque for 30 years of dedicated service to the Darby Borough Police Department.
JUNE 7,2000
APPROVAL OF MINUTES
Motion made by Councilwomen Townes Second by Councilman Davish to approve May's Council Meeting Minutes.
MOTION CARRIED ALL AYES.
COMMUNICATION
Councilman Davish read a letter concerning West Nile Virus, which is caused by mosquitoes. Attached is information to help prevent Mosquitoes infestation.
Councilman Davish informed residents that Villanova University will be conducting field surveys along the stream's mainstem and tributaries over the next several months. DCPD staff may also be accompanying the consultants on occasion. (attached)
The 6th Annual Darby Borough Community Day will be held July 22nd, 2000 at 11am to 6pm at the Penn Wood West Jr. High Field "Moose Field". (flyer attached)
MUNICIPAL SERVICE
Residents expressed concern as to when the missing street signs are going to be replaced. Councilwomen Townes suggested that a one way sign on 9th street near the resource center is needed. Councilman Davish stated that they are in the process of ordering and installing all replacement signs that are needed.
OUT OF ORDER MAYOR PAULA BROWN WAS LEAVING MEETING EARLY.
Councilwoman Thomas made a motion to promote Sgt. Raymond Blythe to Lieutenant second by Councilman Rogers. Councilman Mawhinney Motion to Table seconded by Councilwoman Townes.
TABLE CARRIED 5-3-0 (NO-ROGERS, SILES & THOMAS).
JUNE 7,2000
ENGINEERS REPORT
Motion made by Councilwomen Davish seconded by Councilman Mawhinney to pay Shultz Demolition Balance of $930.00 for demolition of 201 Damons Lane.
MOTION CARRIED 8-0-0.
Motion made by Councilwoman Davish second by Councilman Rogers to approve Pennoni Assoc. to perform a topographic survey of the stream in the vicinity of Bartram Park.
MOTION CARRIED 8-0-0.
Motion made by Councilwomen Davish seconded by Councilman Mawhinney to award the contract to A. Garguile & Son, Inc. of Brookhaven in the amount of $8,400.00. The project consists of repairs to three inlets, two at Front and Main Streets. And one at 2nd and Main Street.
MOTION CARRIED 8-0-0.
Motion made by Councilwoman Townes seconded by Councilman Mawhinney to accept Municipal Services Report.
ALL AYES
FINANCE
Motion made by Councilwoman Townes seconded by Councilman Davish to approve the Vouchers.
MOTION CARRIED 8-0-0.
Motion made by Councilwoman Townes seconded by Councilman Mawhinney to donate $250.00 to BVM Senior Citizens Club.
MOTION CARRIED 8-0-0.
Motion made by Councilwoman Townes seconded by Councilwoman Stewart to donate $250.00 to Darby Track Team club check payable to PAL.
MOTION CARRIED 8-0-0
JUNE 7,2000
Motion made by Councilwoman Townes seconded by Councilman Mawhinney to cancel the service to Mayor Paula Brown's Cell Phone due to the State of Emergency being over and excessive use.
Motion to Tabled by Councilman Siles seconded by Councilman Rogers.
TABLED DEFEATED 3-5-0 (YES-ROGERS, SILES, THOMAS)
Motion reentered by Councilwomen Townes seconded by Councilman Mawhinney.
MOTION CARRIED 5-3-0 (NO-ROGERS, SILES AND THOMAS).
Survey on cell phone usage attached.
Motion made by Councilwoman Townes seconded by Councilman Mawhinney to remove the office in the Borough Hall building from Mayor Paula Brown.
Motion to Tabled by Councilman Siles seconded by Councilwoman Thomas.
TABLE DEFEATED 3-5-0. (YES-ROGERS, SILES AND THOMAS)
HELEN THOMAS LEFT THE MEETING.
Motion reentered by Councilwoman Townes seconded by Councilman Mawhinney.
MOTION CARRIED 5-2-0 (NO-ROGERS AND SILES).
CHANGE ALL LOCKS IN THE BOROUGH HALL, BECAUSE OF SECURITY RISKS.
Motion made by Councilwoman Townes seconded by Councilman Mawhinney to remove Mayor Paula Brown as community action coordinator and assign Alfred Robinson, Jr.
Motion to Tabled by Councilman Siles seconded by Councilman Rogers.
TABLE DEFEATED 5-2-0. (YES- ROGERS AND SILES)
Motion reentered by Councilwoman Townes seconded by Councilman Mawhinney.
MOTION CARRIED 5-2-0. (NO-ROGERS AND SILES).
JUNE 7,2000
SOLICITOR'S REPORT
Motion made by Councilman Davish seconded by Councilwoman Stewart to Sustain action to Safety Partnership between Darby CSXT and FRA.
MOTION CARRIED 6-0-0 (ABSENT FOR VOTE ROGERS)
Motion made by Councilwoman Townes seconded by Councilman Davish to sustain action through it's Borough's President in approving and signing the RCN Cable Contract on May 3.
MOTION CARRIED 5-0-1( ABSENT FOR VOTE ROGERS. ABSTAIN SILES).
Motion made by Councilman Davish seconded by Councilwoman Townes To pass resolution that Council of the Borough of Darby Delaware County, Pa Hereby authorize its Solicitor to execute a Stipulation to settle and resolve the 2000 real estate tax assessment of Lawrence C. Cipolla and Anita Cipolla respect to premises designated as; 307 Fern Street Darby Pa 19023 Folio #14-00-00-859-00 Docket #99-14998 By fixing the total assessment for the property at $25,000.00.
MOTION CARRIED7-0-0.
Motion made by Councilman Davish seconded by Councilman Mawhinney to pass resolution that Council of the Borough of Darby Delaware County, PA, hereby authorizes its Solicitor to execute a Stipulation to settle asnd resolve the 2000 real estate tax assessment appeal of Lawrence C. Cipolla and Anita Cipolla respect to premises designated as; 103 Greenway Avenue, Darby, pA Folio No.14-00-01435-00, Docket No.99-14996 by fixing the total assessment for the property at $26,000.00
MOTION CARRIED 7-0-0.
JUNE 07, 2000
Motion made by Councilwoman Townes seconded by Councilman Mawhinney to approve the acceptance of the Quick Claim Deed by allowing the President to sign the Deed.
Quick Claim Deed is for property originally taken about under the environmental protection agency. Part of the Radon Superfund that was called the Austin Avenue. Sites 107,108,109,110 at 7th and Pine and 619 Pine Street
MOTION CARRIED 7-0-0.
Motion made by Councilwoman Townes seconded by Councilwoman Stewart to sustain the action of the Solicitor in signing the Sipulation of the Reiber settlement from 1999 assessment lowering from $50,000.00 assessment to $42,000.00.
MOTION DEFEATED 3-1-3 (NO-MAWHINNEY. ABSTAIN-ROGERS, SILES & DAVISH)
Motion made by Councilman Davish seconded by Councilman Mawhinney for payment to Nick Di Gregorio for 10 days. Offer given to Fincourt Shelton Esq. by Nick's lawyer in return for 10 days pay, Nick will sign a general release in any case regarding employment at Darby Borough.
MOTION CARRIED 5-2-0 (NO-ROGERS, STEWART).
CHECK NOT TO BE ISSUEDUNTIL RELEASE IS SIGNED BY NICK DI GREGORIO.
Mr. Shelton advised Council that President Robinson was nominated for the year 2000 Honorable Leadership Award. Awarded by the Walmart Foundation Fund 1st Place 10,000.00 awarded to the Borough.
The shopping carts issue; documented in the crime code: the use of carts in the streets is a crime and is considered stolen merchandise. (Section 6712 of crime code)
Motion made by Councilwomen Townes Seconded by Councilman Mawhinney to make Rose Bramble office manager and increase her pay from $9.45 an hour to $10.50 an hour.
MOTION CARRIED 7-0-0.
JUNE 7,2000
Motion made by Councilman Davish seconded by Councilman Mawhinney to accept the Finance Committee Report.
ALL AYES.
GRANTS
Mr. Robinson appointed Councilwoman Helen Thomas as Grants Committee Chairman.
Motion made by Councilman Rogers seconded by Councilman Davish to allow Pennoni to do a survey of Creek Bank at $10,000.00 to be paid for out of WRAP GRANT FUNDS.
MOTION CARRIED 7-0-0.
Motion made by Councilman Rogers seconded by Councilwoman Townes to purchase supplies to store for Bartram Memorial Park. (INVOICES RE-IMBURSABLE THROUGH WRAP GRANT).
MOTION CARRIED 7-0-0
Motion made by Councilman Davish seconded by Councilwoman Stewart to accept the Grants Committee Report.
ALL AYES.
ORDINANCE
Motion made by Councilwoman Stewart seconded by Councilman Davish to extend the permit for First Baptist Construction of New Church.
MOTION CARRIED 7-0-0.
Motion Made by Councilwoman Stewart seconded by Councilwoman Townes to accept the change of ownership at 11-13 Main Street.
MOTION CARRIED 7-0-0.
JUNE 7, 2000
Motion made by Councilwoman Stewart seconded by Councilwoman Townes to issue a Non-Residential occupancy permit to Susan Dennis to operate a Daycare at 320 S.7th Street.
MOTION CARRIED 7-0-0.
Motion made by Councilwoman Stewart seconded by Councilman Davish to increase Bill Pitts's
pay from $9.45 an hour to $11.00 an hour.
MOTION CARRIED 7-0-0.
Motion made by Councilman Mawhinney seconded by Councilman Davish to give Tom Powers a direct order to attend all meetings.
MOTION CARRIED 6-1-0. (NO-ROGERS).
Motion made by Councilman Rogers seconded by Councilman Siles to increase Tom Powers's salary to $36,000.00.
MOTION DEFEATED 2-4-1. (YES-ROGERS, SILES. ABSTAIN-STEWART).
Motion made by Councilman Davish Seconded by Councilman Mawhinney to accept the Ordinance Report.
ALL AYES.
PUBLIC SAFETY
Motion made by Councilwoman Townes seconded by Councilman Mawhinney to accept the resignation of Officer John Reilly.
MOTION CARRIED 7-0-0.
Police Chief Robert Smythe reported that he is combining the bike patrol with the foot patrol. For safety reasons there will be two Officers at a time on foot and bike patrol.
JUNE 7,2000
Motion made by Councilwoman Townes seconded by Councilman Davish to accept the Public Safety Report.
ALL AYES.
RECREATION
Motion made by Councilwoman Townes seconded by Councilwoman Stewart to donate $500.00 to Darby Community Day.
MOTION CARRIED 7-0-0.
There is a car wash this Saturday June 10,2000 at 10:00am in the Borough of Darby parking lot. The cost is $5.00 a car.
Motion made by Councilman Davish seconded by Councilman Mawhinney to accept the Recreation Report.
ALL AYES.
Motion made by Councilman Davish seconded by councilman Mawhinney to Adjourned the meeting.
ALL AYES
Meeting Adjourned at 10:30 p.m.
Minutes for July 7th 1999
This is the latest copy of minutes that I have downloaded.......check back in the near future for updates.....
MINUTES OF THE REGULAR COUNCIL MEETING, WEDNESDAY, JULY 7TH, 1999.
The meeting was called to order by council President Robinson at 7:40 PM. roll call was taken and followed by the Pledge of Allegiance.
PRESENT: Mayor Paula Brown
Council President Alfred Robinson Council: Janice Davis, Stephen Davish, Angela Maskart, Charles Sanders, Wilbur Smith, Sandra Stewart, Jacqueline Townes
Robert Mawhinney did not attend
Borough Manager Nicholas DiGregorio
Borough Engineer did not attend
Borough Solicitor Fincourt Shelton
Police Chief Robert Smythe
Chief Code Official Dennis McErlean
PRESENTATIONS Chief Smythe presented commendations for diligent police work to the following officers: Dawson, Stewart, Gibney, Quartapella, Ray and Della Barba.
APPROVAL OF MINUTES
Motion to approve minutes of the June 2, 1999 meeting made by Councilman Smith second by Councilman Davish. All Voted Aye. UNANIMOUSLY APPROVED.
COMMUNICATIONS: Letters were read including: a reception invitations from the Yeadon Borough Council, Senior Community Serbices requesting a donation, Marcus Hook Borough regarding the traveling Vietnam Wall Memorial and Darby Court Associates advertising their new housing units.
ORDINANCE COMMITTEE REPORT
Councilwoman Stewart made a motion, secont by Councilman Davish to approve the Non residential Occupancy Permit application of Specialty Hospital of Pennsylvania of Pennsylvania Inc. for a health care facility on the 6th Floor of Mercy Fitzgerald Hospital at 1500 Lansdowne Avenue, Darby. ROLL CALL VOTE All Voted Aye MOTION UNANIMOUSLY APPROVED.
Councilwoman Stewart made a motion, second by Councilman Davish to approve the planning application of the Delaware Conty Housing Authority No. PC99-001 for a reverse subdivision at 201 Damons Lane. ROLL CALL VOTE All voted Aye MOTION UNANIMOUSLY APPROVED.
Councilwoman Stewart made a motion, second by Councilman Davish to approve the planning application of Darby Bazaar, Inc. No PC99-002 contingent upon full zoning approval for a Welfare Office at 845 Main Stret. ROLL CALL VOTE All voted Aye MOTION UNANIMOUSLY APPROVED
Councilman Davish made a motion second by Councilman Sanders to table Agenda Item #4 regarding the request of Main Street Discount Store for sidewalk sale of merchandise on a regular basis. All Voted Aye MOTION UNANIMOUSLY APPROVED
COUNCILMAN SANDERS MADE A MOTION, SECOND BY COUNCILWOMAN DAVIS TO ADOPT THE SEXUAL HARRASMENT POLICY SUBMITTED BY MAYOR BROWN. QUESTION ON THE MOTION: MR. SMITH ASKED IF ALL EMPLOYEES HAD A COPY OF THE POLICY. THE MAYOR SAID COPIES HAVE BEEN AVAILABLE. COUNCILMAN DAVISH MADE A MOTION TO TABLE THIS MOTION, SECOND BY COUNCILWOMAN TOWNES. ROLL CALL VOTE (3 NO VOTES, DAVIS, SANDERS, & SMITH, 5 YES VOTES) MOTION TO TABLE APPROVED.
Councilman Smith made a motion second by Councilman Davish to accept the Ordinance Committee Report. All Voted Aye. MOTION UNANIMOUSLY APPROVED
FINANCE COMMITTEE REPORT
Councilwoman Townes made a motion, second by Councilman Davish to authorized the Borough Manager to negotiate with Philadelphia Suburban Water Company for the future collection of current year sewer rent. Question on the motion: Mr. Sanders asked what was the benefit to the Borough? Mr. DiGregorio said it would reduce the delinquency rate by 20% and collections would be made on a regular basis. ROLL CALL VOTE ( 2 no votes, Davis & Sanders - 6 yes votes) MOTION APPROVED.
Councilwoman Townes made a motion, second by Councilwoman Stewart to authorize the Borough Manager to authorize the Philadelphia Suburban Water Company to SHUT OFF ATER SERVICE TO DELINQUENT SEWER ACCOUNTS! Question on the Motion: Mr. Sanders questioned senior citizens water being shut off. He said the Borough should do that not the Water Company. Mr. DiGregorio said a list of delinquencies would be provided to Council for approval before sending the list to the PSWCo. Mrs. Davis asked if water shut off's were legal. Mr. McErlean said the Borough had the right to do so if the properties were condemned. Mr. Smith said why put this burden on the Borough. The Mayor said even if you pay your water bill and the sewer bill is delinquent, your water could be shut off. Mr. DiGregorio siad there was $250,000 in delinquent sewer bills last year. Why should others be required to pay if no repercussion for nonpayment. Councilman Davish made a motion to table this motion until further details could be reviewed, second by councilwoman Stewart. ROLL CALL VOTE, ALL VOTED AYE, MOTION TO TABLE APPROVED.
Counciwoman Townes amde a motion, second by Councilman Davish to sustain the action of the Borough Manager to hire five part time clerk typists for al departments at $7.50 per hour. Lisa J. Baldwin, Michelle A. Coghlan, Shannon L. Dickerson, Dawn M. Fry, and Dana A Vitullo. Question on the Motion: Mr. Sanders questioned the authority of the Borough Manager to hire prior to Council's approval. Mr. Robinson said previous hiring sessions produced poor attendance and he urged all members of Council to get involved. Mrs. Davis asked why Council did not vote before these employees started working. The Mayor asked if all five clerks were working today? Mr. DiGregorio said Yes. Shannon Dickerson spoke up from the audience and stated that she was fired by Mr. DiGregorio and the Chief and that she was not working. The Solicitor said that the Borough Code also provides the Borough Manager the authority to take action on personnel matters and report at the next meeting of council. The Mayor read the Actual Darby Borough Code that states "With the PRIOR approval of Council, then the Borough Manager may hire employees. This process was not done. These employees were working for weeks before council was even notified or had the chance to vote! ROLL CALL VOTE (Davis and Sanders NO, 6 yes votes MOTION APPROVED.
Councilwoman Townes made a motion , second by councilman Davish to authorize the Borough Solicitor to negotiate with the William Penn School District Solicitor for easement rights to share parking in the Borough Administration lot. Question on the motion: Mr. Sanders asked if there had been any negotiations yet. No negotiations yet and the Borough Solictor will report back before any decisions can be made. The mayor asked who approached first and will any trees be removed? Mr. DiGregorio said both parties are interested and no tree removal has been discussed. The Solicitor said no costs or fees have been discussed. ROLL CALL VOTE (Davis NO, 7 es votes) MOTION APPROVED.
Councilwoman Townes made a motion, second by councilman Davish to authorize the borough Manager to award the 1999-2000 tax anticipation line of credit at 6% to Sharon Bank. the Mayor asked the credit line limit. Mr. DiGregorio said $900,000.00. $585,00 was used last year and paid back. The Mayor asked about the accuracy of reporting. (Actual figure used was never reported by Councilwoman Townes during meetings, always under the actual figure) The Solictor said all usage was reported in the minutes. ROLL CALL VOTE, ALL VOTED AYE, MOTION APPROVED UNANIMOUSLY.
Councilwoman Townes made a motion, second by councilman Davish to authorize the Borough Manager to award a 3 year automobile loan approximately $70,000 at 6% to Sharon Bank. Questions on the motion: The Mayor questioned what vehicles were purchased. Mrs Townes said 2 police and 1 code vehicle (Sport Utility Vehicle for Mr. McErlean). These vehicles have already been purchased. Mr. Sanders asked if other banks were solicited for rates. Mr. DiGregorio said Sovereign Bank gave no response in writing and First Federal did not respond. Mr. Sanders questioned the increase cost of insurance and upkeep due to the number of vehicles the Borough owns. He said expenses should be reduced. ROLL CALL VOTE (Davis and Sanders NO, 6 yes votes) MOTION APPROVED.
Councilwoman Townes made a motion, second by Councilwoman Maskart to sustain the action of the Borough Manager to suspend Annette Brown, witht he intent to terminate her employment. Question on the motion: Mr. Sanders said he received verbal information only. Mrs. Townes said folders with letters were shown. Mr. Smith said personnel matters should be discussed in Executive Session. the Mayor siad the Borough Manager does not have the authority to hire and fire. (Annette Brown was discharged on June 11, 1999. Council was not notified and did not have the opportunity to vote on this matter until July7th! No documents or paperwork or dates of incidents were ever given to Council to support the Borough manager's claim) ROLE CALL VOTE (Davis and Sanders NO, 6 yes votes) MOTION APPROVED.
Councilwoman Townes made a motion, second by councilman Smith to pay the vouchers. ROLL CALL VOTE (Davis and Sanders NO, 6 yes votes) MOTION APPROVED.
Solicitor Report - Donation of a vacant lot at 200 N. 2nd Street will be discussed in Committee. The Solicitor will report on the US Court of Appeals decision for zoning of cellular towers. Fire Department Grant Funding information will be given to Mr. Sanders. The Mayor requested the Solicitor's opinion of the Ordinance prepared for the Council of Governments. Councilman Smith made a motion, second by Councilman Davish to authorize the solicitor to resolve the 1997 Real Estate Assessment Appeals regarding Fifth Street, 414 main Street, 416 main Street, and 423 Chestnut Street. ROLL CALL VOTE, ALL VOTED AYE, MOTION APPROVED.
Councilman Smith made a motion, second by Councilman Davish to authorize the solicitor to settle and resolve the 1999 Real Estate Assessment Appeal of Robert M. Reber, regarding 104 North Third Street by fixing the assessment for the property at $1,155.00 Question on the motion: Mr. Davish asked about the appraisals. The Solicitor said both the owner and William Penn School Deistrict appraisors evaluated the property and this is a figure between the two. The mayor asked if this is a private home. Mr. McErlean said he believed it was. ROLL CALL VOTE, ALL VOTED AYE, MOTION APPROVED.
Councilman Sanders made a motion, second by Councilwoman Davis to study the possiblity of sewer rental rebates. Councilwoman Maskart made a motion to table with no second. ROLL CALL VOTE, ALL VOTED AYE, MOTION APPROVED TO STUDY THE POSSIBILITY OF SEWER RENTAL REBATES.
Councilman Davish made a motion , second by Counciman Smith to accept the Finance Report. All Voted Aye, MOTION UNANIMOUSLY APPROVED.
PUBLIC SAFETY COMMITTEE REPORT
Mrs. Maskart reported the program for Operation America Buckles Up Children will be expanded and conducted on November 27, 1999. The National Town Watch Association National Night Out will be in August. Prizes will be awarded to children who submit the best theme on crime prevention. The remaining money collected for Safety Day was used to purchase 25 child bike helmets. If officers see children without helmets they will talk to them and enter their name into a drawing for the helmets. Any resident in Darby may also enter the drawing which will be held at the August Council meeting. Five helmets will be given away at the Community Day Picnic.
A discussion was held regarding freight trains. Mr. Robinson suggested a top official of the company e invited to a Special Council meeting. Mrs. Maskart will contact them. Mr. Sanders suggested asking our congressmen to help. Councilmand Smith made a motion, second by councilman Davish to accept the Public Safety Report. All voted Aye. MOTION APPROVED UNANIMOUSLY.
The Solicitor suggested that Council should nominate one of their peers for the American Hometown Leadership Award sponsored by Walmart which will be awarded in Washington, DC on September 8th and 9th, 1999.
POLICE COMMITTEE REPORT
Councilwoman maskart made a motion, second by Councilwoman Townes to convert the currently unused police van into a 15 passenger van for the Darby PAL to use. Question on the motion: Mr. Sanders asked if the Borough will maintain ownership and insurance. Mr. DiGregorio said yes. ROLL CALL VOTE. ALL VOTED AYE MOTION CARRIED.
Councilwoman Maskart made a motion, second by councilman Davish to sustain the action of the Chief of Police to appoint Mark DellaVecchio and Darryl Guy as acting Lieutenants. Question on the Motion: Mr. Sanders asked why not include Sgt. Blythe? Mr. Davish said this in an Executive Session Question. The Mayor asked if the shift commander isin charge until the acting lieutenant is chosen. Mrs. Maskart said all personnel matters should be kept in Executive Session to protect the rights of all. The mayor asked that Sgt. Ray Blythe, with almost 30 years of dedicated unblemished service be promoted to Acting Lieutenant also. ROLL CALL VOTE ON THE ORIGINAL MOTION OF SGT. GUY AND DELLAVECCHIO (Davis and Sanders NO, 6 yes votes) MOTION CARRIED.
Councilwoman Davis made a motion, second by Councilman Sanders to appoint Sgt. Ray Blythe as acting Lieutenant. Councilman Davish made a motion, second by councilwoman Maskart to table this motion. ROLL CALL VOTE (Davis and Sanders NO, 6 yes votes) MOTION CARRIED.
Councilwoman Maskart made a motion, second by Councilman Davish to hire the following part time police officers sworn in on July 1, 1999: Stephen Trombetti, Nicholas Nawn, Michael Givens, LeRoy Foster, Anthony Yip, Sean Cassidy, Vernon Garner. comment: Gregory Speck was hired at another municipality and will be asked to reimburse the Borough for the cost of testing. ROLL CALL VOTE ALL VOTED AYE MOTION CARRIED.
A letter from the Civil Service Commission was discussed. Oral interviews will be held for full time police officers on July6th and July 8th at 6:00 PM.
There was a brief Executive Session at 9:15 PM. the meeting resumed at 9:35 PM
Police Chief's Report - Chief Smythe reported 1315 total calls for June.
Code Enforcement Report - as submitted
fire Chief Report - 8 total calls in June.
Councilman Sanders made a motion, second by Councilman Davish to remove abandoned vehicles with no current inspection or liscense from the streets in Darby. ROLL CALL VOTE ALL VOTED AYE MOTION CARRIED.
Councilman Davish made a motion, second by councilwoman Townes to accept the Police Committee Report. All voted Aye. Motion Unanimously carried.
MUNICIPAL SERVICES COMMITTEE REPORT
Councilman Davish made a motion to nominate Al Robinson, Wilbur Smith and Charles Sanders for the Leadership Award. Question on the Motion: The Mayor asked if the required documentation was available. Documentation on successful projects must be submitted in order to qualify for the award. The Solicitor said if the motion passed, the application would be completed????? After further discussion, Mr. Davish withdrew the motion.
A letter from Jeffrey Haste, Director of Bureau of Municipal Services PA DOT was read regarding the completion of the liquid fuel tax fund account audit.
Borough Engineer Report
Councilman Davish made a motion, second by councilman Smith to recommend to Delaware County Payment #5 of $2,044.07 to Total Construction, Inc. for Contract #44, Main Street Improvement Program. ROLL CALL VOTE ALL VOTED AYE MOTION CARRIED.
Councilman Davish made a motion, second by Councilman Smith to recommend to Delaware County Payment #3 of $6,527.64 to Main Line Paving for Contract #D-20, Building Demolition at 918 Maple Terrace. ROLL CALL VOTE ALL VOTED AYE MOTION CARRIED.
Motion was made by councilman Smith, second by councilwoman Maskart to accept the Municipal Services Report. ALL VOTED AYE MOTION CARRIED.
RECREATION BOARD
A recreation meeting will be held on July 8th 1999 at 7:30 PM.
The part time Darby Borough Recreation Coordinator is Darlene Hill. Ms. Hill will begin her tasks on July 15, 1999 and will be paid with funding from United Way.
Councilman Smith made a motion, second by Councilwoman Townes to donate $350.00 to the Silver Stars Organization. ROLL CALL VOTE ALL VOTED AYE MOTION CARIED.
Mrs. Townes urged all residents to volunteer to serve as block captains and she announced that the 5th Annual Community Day will be on Saturday July 24, 1999 from 12 PM to 6:00 PM
Councilman Davish made a motion, second by councilwoman Townes to accept the Recreation Board Report All Voted Aye. Motion Carried.
GRANTS COMMITTEE REPORT
Mr. Sanders requested a public hearing for September 22, 1999 to discuss the CBDG application which has a deadline for submission of December 18, 1999.
The committee intends to seek funding in the year 2000 CBDG for historic preservation of the Bunting Friendship Freedom house at 1205 main Street, the Darby Friends Meeting House at 1017 Main Street and the Darby Friends Burial Ground and 1000 Main Street, a station on the underground railroad. Mr. Sanders requested a detailed list of expenditures for the $40,175 Grant received from the USJD.
The Solicitor asked the progress on the Police Vest Grant. mr. Sanders said the mayor is working on it.
Councilman Sanders made a motion, second by Councilwoman Davis to ask the Darby Borough Task Force if they would be willing to open the meetings to the public. Question on the Motion: Mr.s Maskart asked if Council could dictate to this group? ROLL CALL VOTE ( Maskart NO 7 yes Motion Carried.
Councilman Sanders made a motion, second by Councilwoman Davis to appoint a member of the Darby Borough historic Preservation Society to the Darby Borough Task Force. A discussion followed about appointing versus asking them to include certain organizations. ROLL CALL VOTE (Davis and Sanders Yes, 6 no votes. ) Motion failed to Carry.
Councilman Davish made a motion, second by Councilman Smith to accept the Grants Committee Report. All voted Aye, Motion carried unanimously.
MAYOR'S REPORT
Due to the late time, the Mayor's report was not able to be read but submitted to the public in writing.
The Mayor commended the Police Officers who received awards at the beginning of the meeting for their outstanding service. Flyers were distributed to the community making residents aware of the burglaries in the area. The Mayor reminded everyone about the 10:30 PM durfew from Sunday to Thursday and 11:00 PM on Friday and Saturday. She asked that the Sexual Harrassment Police be entertained by Council and requested that full time olice officers be hired. A welcome was extended to the newly hired part time officers, block party regulations were restated, a request for record access was made, and she requested that the detective detail be canceled.
To read the full report click here:Monthly Mayor's Report
PUBLIC COMMENT
Mr. Tyler asked Council to work together. Mr. parks asked Council to repect each other's opinion, mr. Stiles requested meeting rules be placed on the agenda, a request was made for speed signs on Commerce Street, and ms. Hill, Recreation Coordinator assured everyone that she wants to work for the Borough and the Community.
Mr. Smith said Committee Meetings were held on the Third Wednesday of each month and public comment is accepted. Committee meetings are for discussion. There should be no public comment made on Motions made by Council at the regularly scheduled Council Meeting on the first Wednesday of each month (This is a direct violation of the State Sunshine Law).
ADJOURNMENT
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PaulaBO23
