|
The regular monthly meeting of the Council of the Borough of Baldwin was called to order by President Marian Joseph. The invocation was given by Councilman Mark Nix followed by the Pledge of Allegiance to the Flag. ROLL CALL The following members answered the roll call: Mr. David Depretis, Mr. Michael Ducker, Mrs. Joan Etzel, Mrs. Shirley Kuchta, Mr. Mark Nix, Mr. Michael Fetsko Jr. and Mrs. Marian Joseph. Also present were Mayor Alexander Bennett, Mr. Gregg Scott, Chester Engineers, Mr. W. Timothy Barry, Borough Solicitor, Mrs. Donna Politowski, Treasurer and Mr. Timothy Little, Borough Manager. **** Councilman David Depretis and Sgt. Matt Kearns presided over a special award being given to Officer Tracey Fails and Officer Ralph Miller by a representative of The Team Educators for Child Safety and the District Attorney’s office. The award was presented to the Baldwin Borough Police Department and to Ofc. Tracey Fails; Ofc. Ralph Miller and Sgt. Matt Kearns for their diligent efforts in providing a permanent fitting station for Child Passenger Safety. They represent the Borough and the Police Department in the inspections of Child Safety Seats. Mayor Bennett asked that a copy of the presentation be placed in their personnel file. AUDIENCE AGENDA – Agenda Items only. No one approached the podium. APPROVAL OF THE MINUTES M-1 Mr. Depretis made a motion to approve the minutes of the Agenda Meeting of February 21, 2007; second by Mrs. Etzel. Upon vote, motion carried unanimously. M-2 Mr. Depretis made the motion to approve the minutes of the regular council meeting of February 27, 2007; second by Mrs. Etzel. Upon vote, motion carried unanimously. ENGINEER’S REPORT Mr. Gregg Scott addressed Council with a very short report this evening. He updated Council on Phase III of the Sanitary Sewer Project by stating that the work was completed on March 7, 2007 by Robinson Pipe. This is the Tving work looking into the outstanding post-inspection work that was not completed by Nicassio. To date, the Borough has not received the DVD’s of the sewer work that was completed by Nicassio. Robinson has not asked for payment, as they have not delivered their tapes as of yet. When this occurs, copies of the information will be given to the Borough Manager and the Solicitor concerning the findings of the internal investigation. **** The other item mentioned under the consent order is the GIS Mapping. There was a kick-off meeting on March 15, 2007 and today the technician was out with the public works department inspecting manholes. This work must be completed by May 31, 2007 under the consent order. The Borough is on schedule to meet that date. **** Mr. Scott told council for their information that the sewer back-up on Streets Run Road was inspected by State Pipe who originally put in the liner. They performed by-pass pumping to make sure no sewage went into the creek. They were able to keep up with the flow, and the sewage was kept in the manholes themselves. The sewer was televised and the nature of the obstruction was debris. It appears to have been objects that fell into the sewer when they were stacked. The Borough is awaiting the tape and then the issue will be addressed. Mr. Ducker asked if Mr. Scott knew what the obstruction was and Mr. Scott said rocks. During the raising and stacking of the manholes, rocks must have fallen into the manhole. Mr. Nix noted that there was also a fire hose in the manhole. Mr. Stephenson noted that it was a discharge hose wrapped up in the manhole. Mr. Scott noted that once he has photographic proof he will get with the Borough Manager and Solicitor to determine a course of action. **** Mrs. Joseph told Mr. Scott that she had received a grant in the amount of $20,000.00 to cover the cost of the GIS Mapping. She also had a grant in the amount of $5,000.00 to cover the cost of the fireworks for Community Day. SOLICITOR’S REPORT Mr. Barry reported that during the last month, he is pleased to report that the Borough has successfully negotiated a 4 year collective bargaining agreement with Labors Union representing the Public Works Employees, Local Union 1058. Mr. Barry has prepared the draft of the agreement and anyone wishing to look at it can do so in Mr. Little’s office. The provisions are wage increases of 3.5% in each of the four (4) years. Mr. Barry felt these are fair and reasonable wage increases. The Public Works Union significantly agreed to change their health care plan from the current plan to a deductible plan, which is more consistent with what most people have today. This will save the Borough a fair amount of money each year and was one of the reasons for the 3.5% wage increase. The agreement has been approved by the Union, the employees and the Borough. **** Mr. Barry also wanted to recommend action this evening on a letter he received from the president of the Baldwin Police Association, Brian Henderson, concerning an issue affecting some of our retired police officers. Ofc. Henderson has confirmed that these officers are agreeable to the settlement that was discussed at the Work Session and Mr. Barry proposed a motion be passed. M-3 Mr. Fetsko made a motion that the Borough accept the settlement with the Baldwin Police Association concerning the retirees affected by the 33 1/3 health care by back whereby they will receive the applicable payment for six (6) months in 2006; second by Mr. Depretis. Upon vote, motion carried unanimously. MAYOR’S REPORT Mayor Bennett told council that the monthly police report for February, 2007 indicated complaints assigned for investigation – 784; public service calls – 4,210 for a total of 4994 calls. Mayor Bennett noted he had received a message earlier that evening with regards to the 6th Street stream and all the creeks in the area that have a large amount of debris in them. They will need to be cleared out for the coming summer season. Mayor Bennett congratulated Officers Fails and Miller on their professionalism and interaction in our community. Mrs. Joseph noted that Tracey Fails is quite an officer. She was commended 2 months prior on saving a woman’s life. She offered her congratulations as well. **** Mr. Nix asked the Mayor about the walk-thru of the Borough by Mr. Dan Cessna of Rep. Kortz’s Office to inspect the roads. He asked if he could be made part of that tour? Mayor Bennett instructed Mr. Nix to put all of his concerns through Mr. Little’s office and he will send the letter and when a response is received, Mr. Little will notify Mr. Nix. Council also felt the Mark Stephenson, Public Works Superintendent should also be on that tour. FINANCE Mr. Fetsko noted that all of Council had received the monthly financial report. M-4 Mr. Fetsko made a motion to accept the Treasurer’s Report; second by Mr. Depretis. Upon vote, motion carried Unanimously. M-5 Mr. Fetsko made a motion to ratify bills in the amount of $206,697.20 and approve bills in the amount of $168,244.55; second by Mr. Depretis. Upon vote, motion carried unanimously. PUBLIC WORKS Mr. Nix reported that the sewer problem on Streets Run Road has been corrected. The Public Works Crew are out locating Manholes for the GIS Mapping and he wanted to let the public know that Baldwin Borough is way ahead of any of the other Boroughs in doing this. All of the ball fields are being made ready for the summer, and Public Works is going to jam all of the salt buildings full taking advantage of the lower price right now. **** Mr. Nix read Sgt. Kearns report about the parking at Colewood Park and he appreciates his effort. Mr. Nix instructed Public Works to put signs at the park and Mr. Stephenson wanted some direction on what kind of signs. Council will discuss this further but noted that maybe the sign could say “no overnight parking”. **** Mayor Bennett noted again about the state highway department touring our Borough, and he wants any resident who has any concerns, to please notify the Mayor. PARKS AND RECREATION Mr. Ducker noted he had a lengthy agenda. M-6 Mr. Ducker made a motion to adopt the 2007 Field Permits Schedule for various fields and times; second by Mr. Depretis Upon vote, motion carried unanimously M-7 Mr. Ducker made a motion to approve the Baldwin/Whitehall Girls Youth Basketball use of the outdoor courts at Municipal Bldg from June 25 thru August 16, 2007- Monday – Thursday 5pm till 9:30 pm for summer league play; second by Mrs. Etzel. Upon vote, motion carried unanimously. Mr. Ducker then spoke of the request by the GBWAA for funds to make repairs on damage to fences at Colewood Field and Bleachers which were cracked. More bids will be needed for these safety repairs. Mr. Little noted that two (2) more phone quotes will be needed on these proposals for the concrete and fencing. It will be discussed at the next work session. Mr. Ducker asked if it was ok for residents to submit proposals on which the Borough would act. Mr. Barry felt that the Borough would need to verify any proposals received. Mr. Barry noted that the concrete work and the fencing work will probably be separate proposals. If they are more that $10,000.00 then the Borough must go through a bidding process. M-8 Mr. Ducker made a motion to approve Streets Run Water- Shed Association use of Leland Center on Saturday, June 9, 2007 from 9 am-2 pm for the purpose of an “Open House” and to Waive the Fee; second by Mr. Nix. Upon vote, motion carried unanimously. M-9 Mr. Ducker made a motion to permit the Baldwin-Whitehall Transportation Dept. use of Leland Center on December 8, 2007 from 6 pm till midnight for their annual Christmas Party at the regular fee of $250,00; second by Mr. Fetsko. Upon vote motion carried unanimously. M-10 Mr. Ducker made a motion to permit the Baldwin Kiwanis use Of Leland Center- Main Room, Kitchen, Lower Room and PA System on Saturday, April 28, 2007 from 4pm till midnight for a Monte Carlo Fund Raiser. And Permission to set up on Friday, April 27, 2007 from 6:30 pm till 10pm. and to waive the fee; second by Mr. Depretis. Upon vote, motion carried unanimously. M-11 Mr. Ducker made a motion to permit Baldwin Community Day Assoc. use of the Garden Room on June 2, 2007 for Health Care Prevention Services by the BEMS; second by Mr. Nix. Upon vote, motion carried unanimously. M-12 Mr. Ducker made a motion to permit Baldwin Community Day Assoc. use of Council Chambers on Saturday, June 2, 2007 for Community Day; second by Mr. Depretis. Upon vote, motion carried unanimously. M-13 Mr. Ducker made a motion to permit the Baldwin Community Day Assoc. use of the Auditorium on Saturday, June 2, 2007 for race registration, award presentation and Dance Studio Performances for Community Day; second by Mr. Nix. Upon vote, motion carried unanimously. ZONING AND PLANNING Mrs. Kuchta noted that there was no Zoning Hearing Board meeting this month due to no appeals being filed. The Planning Commission met on March 12, 2007 to review a site plan application at 5408 Clairton Blvd. Shanahan Transportation systems proposes the construction of an additional two story building. It will connect to the existing building by a breezeway. A Penndot highway occupancy permit would be required. There were numerous questions regarding the twenty (20) foot easement for the Sanitary Sewer as well as a sewer tap-in for the proposed building. The Application was tabled due to insufficient information. **** The Planning Commission at the request of the Borough reviewed and recommend the submission of a grant application to the DCNR for the re-hab of the Basketball Court area at Colewood Park and the grading at Leland Soccer Field. The grant amount is estimated at $61,000.00. The local share is $31,500.00 of which $15,000.00 is to be contributed by the Baldwin/Whitehall Soccer Association and the Borough will contribute the remaining $16,500.00. **** Discussion on a sample, minor sub-division ordinance was reviewed at the request of Council, however a final document is not ready for submission to Council for their approval. Mr. Nix asked about the demolished house on Melvina Street and if it was complete. Mr. Matscherz, Code Officer, noted that it was done. The lot will need to be re-seeded and re-graded and the Code Officer is in touch with the contractor. **** Mr. Barry asked Mrs. Kuchta if the applicant in the Shanahan Site Plan had agreed to an extension of time due to insufficient information needed by the Planning Commission and she replied verbally. **** Mrs. Kuchta told the public that there is a hearing before the Magistrate on the Dryer Property on Streets Run Road. **** Mayor Bennett wanted to know if the projected work in the area of the Merryheart Personal Care Home was going to be in the area of the Sanitary Sewer problem from before and he was told it would not interfere. PUBLIC SAFETY Mr. Depretis reported to Council that the BEMS responded to 417 calls in the Month of February with an average response time of 6.1 minutes. “Better Understanding Your Medications” will be the next topic of the “We Care” program offered by the BEMS. Any information, call 412-884-0666. **** Mr. Depretis read a letter from a resident thanking the BEMS on their response and treatment. Some of the BEMS personnel attended the EMS Conference in Baltimore, MD. There were 4,000 EMT and Paramedics in attendance from all 50 states and 22 countries. **** The 2006 BEMS Audit has been completed and everything appears to be in order. M-14 Mr. Deprestis made a motion to have Mr. Little keep track of all costs, direct and in direct, involved with moving to 911 and to give a report to Council each month; second by Mr. Ducker. Upon vote, motion carried unanimously. M-15 Mr. Depretis made a motion to advertise for a Borough Solicitor due to the letter of resignation handed in by Mr. Barry; second by Mr. Ducker. Mrs. Joseph pointed out that Council has not accepted Mr. Barry’s resignation as of yet and also, a motion is not necessary since this is professional services and would not need to be advertised. Upon roll call vote, Messers. Depretis and Ducker voted yes Messers. Nix, Fetsko and Mmes. Etzel, Kuchta and Joseph voted no. Motion was defeated 2 yes vote to 5 no votes. M-16 Mr. Depretis made a motion for the Borough to have legal Representation at the City Hearing on the Facchiano Dumping; second by Mr. Ducker. Mr. Barry noted that this has been discussed at length before. He stated that Judge James does usually try and mediate these kinds of cases. The problem is that the Borough has no standing with the court to be in attendance. The Borough is not a party to this proceeding. Mr. Depretis noted that our roads will be used if Mr. Facchiano gets the permit to dump, and Mr. Barry stated that was a separate issue and it is being addressed and this has nothing to do with the issue in front of Judge James. This issue is whether the City of Pittsburgh Council and Planning Commission properly issued a grading permit for a piece of property that is in the City of Pittsburgh and has nothing to do with our roads. Mayor Bennett noted that he would be attending that meeting because he thinks it is critical to the residents of Baldwin Borough. Mr. Facchiano is destroying one of our roads, and he is now taking another route, which will destroy that road. He has not even mentioned bonding for this road. The dumping has been going on for seven (7) years already and Mr. Facchiano is asking the City for a permit to dump for eight (8) more years. If this is not an inconvenience to our Borough, the Mayor doesn’t know what is. Mr. Barry noted that he would not be able to attend this meeting. If Council wanted the Solicitor to get involved in this lawsuit it should have been done a long time ago. Council gave Mr. Barry no such direction. He reiterated that the Borough has no standing to be at the meeting tomorrow. Mrs. Kuchta noted that Mr. Barry has indicated that it is not necessary for our Solicitor to attend, but Mr. Barry noted that there is a motion and second on the floor to direct him to do just that. Mr. Fetsko asked Mr. Barry if we did have legal representation at the hearing, would that person have an opportunity to give any testimony? Mr. Barry noted absolutely not! Mr. Barry noted that if he would attend this appeal the judge would acknowledge his presence and also tell him that he is not a party to these proceedings. There are resident’s from Baldwin Borough who have gotten involved in the entire process, who can speak, but who should have gotten their own representation as Council has given him no authority to intervene in these proceedings. Upon roll call vote, Messers. Depretis and Ducker voted yes, Messers. Nix Fetsko and Mmes. Etzel, Kuchta and Joseph Voted no. Motion was defeated 2 yes votes to 5 no votes. Mr. Depretis noted that the council was doing the resident’s a disservice by this vote. PERSONNEL M-17 Mrs. Etzel made a motion to accept the resignation of Len Sargo from the Zoning Hearing Board; second by Mr. Nix. Upon vote, motion carried unanimously. M-18 Mr. Etzel made a motion to appoint the four (4) 2007 Summer Road Crew at the salary of $8.00 per hr: · Vincent T. Edwards · Russell G. Evans · Michael T. Linart · Scott T. Miller Second by Mr. Depretis. Upon vote motion carried Unanimously. Letters of notification will be sent. M-19 Mrs. Etzel made a motion to accept the resignation of Lloyd Frederick as a custodian effective 4/1/2007; second by Mr. Fetsko. Upon vote, motion carried unanimously. M-20 Mrs. Etzel made a motion to appoint Brian Meador to the Zoning Hearing Board as full time until 1/1/2008; Mr. Ducker asked if it was proper procedure to open the floor for nominations. Mr. Barry noted that it was not necessary under Borough Code or State Law. Second By Mr. Nix. Upon vote, motion carried unanimously. Mr. Fetsko was given the gavel by Mrs. Joseph. M-21 Mrs. Etzel made a motion to appoint Mr. Frank Schrello an Alternate on the Zoning Hearing Board; second by Mr. Nix. Upon vote, motion carried unanimously. M-22 Mrs. Etzel made a motion to appoint Frank Pikutis as an Alternate on the Zoning Hearing Board; second by Mrs. Kuchta. Upon vote, motion carried unanimously. Mrs. Joseph noted that under personnel, Council had interviewed four (4) Sergeants and all were qualified. Council has decided to go with the chain of command: M-23 Mrs. Joseph made a motion to nominate Sgt. Dan Turner as Acting Chief for the duration of Chief Kelly’s absence; Second by Mr. Nix. Mayor Bennett had a question on the Motion. I feel that it is beyond the scope of Council to override me on my decision to choose the OIC. I gave Council a very capable individual, at no cost to the community, who has been doing the job for four (4) weeks. I feel that this council acts like a box of Crackerjacks being full of surprises at every meeting. I again feel that council is beyond their scope in this appointment and with that I will ask the Solicitor why they have that power in writing. I hate to do this to the taxpayers of this Borough, but I have the option to hire an attorney at the Borough’s cost to fight their decision, and I do think I have the right to do that and make my own appointment. Mr. Ducker asked the Mayor to clarify the comment to the Solicitor, as he did not understand it. Mayor Bennett noted that the Solicitor under the Borough Code if the Mayor disagrees with Council on their vote has to give the Mayor or any Council member a reason why he feels they have a right to act as they did, when they go against the desire of the Mayor as far a running the Police Department. And upon that written information, the Mayor has the option to hire and attorney at the Borough’s cost to fight that decision of their appointment. The Mayor thinks that there has been an excellent change in command, for a temporary amount of time and he asked this council why they want to change at this point in time when Sgt. Kearns has been doing an excellent job? Mr. Barry stated that he would be glad to give the Mayor an opinion in writing. He has already given Council and the Mayor an opinion on this several times, the Mayor knows his opinion, so don’t say I haven’t given you my opinion. My opinion is that under section 1121 of the Borough Code, and I will put this in writing to you tomorrow, is very clear that Borough Council makes appointments to all positions in the police department, and Borough Council decides the budgetary issues and the total hours of work. The rest of it is done by the Mayor. There is no question of that, and this falls under the category of an appointment and that is Mr. Barry’s opinion. Mayor Bennett stated that he disagrees with the Solicitor because there is nothing in the Borough Code that we would have an Acting Chief or an Assistant Chief or anything like that. We have established an OIC Officer and that is what he has been and I have the right to make that appointment and Council has the right to dictate their wages. There has been no increase in his salary, he is doing the job without additional compensation. Mr. Fetsko noted that there is a motion and a second on the floor for the appointment of Sgt. Dan Turner as the Acting Chief for the duration of Chief Kelly’s absence. Mr. Ducker asked if this is a new position Council has come up with? Mayor Bennett noted it is not in the book. Mr. Ducker asked again if this is a new position, Acting Chief? Mr. Fetsko stated that if nothing further the solicitor is going to give everyone their appropriate opinion but at this point in time there is a motion and a second on the floor and it is appropriate to have a roll call vote. Upon roll call vote, Messers. Depretis, Ducker and Fetsko Voted no, Messer. Nix, Mmes. Etzel, Kuchta and Joseph Voted yes. Motion carried, 4 yes votes to 3 no votes. Mrs. Joseph said it was to be effective at Midnight tonight. The Mayor stated pardon me and Mrs. Joseph reiterated Midnight tonight. Mrs. Joseph said for the benefit of the Mayor and Mr. Ducker she has a letter addressed to Council and the Mayor from “Acting Chief” Matt Kearns. Mr. Ducker asked if that is what he is? He thought he was OIC. The Mayor interrupted stating that it is a play on words. The Mayor asked if there is a pay increase to Sgt. Turner as he takes over the Department? Mrs. Joseph stated that she would imagine there would be. Mr. Ducker then asked how you can vote on something whenever you don’t know if there is a raise or not. Mrs. Joseph then stated that her advice to the Mayor is if he wants to have a vote he ought to run for Council. Mayor Bennett countered that if she wants to run the police department she should run for Mayor. Mrs. Joseph stated she doesn’t want to be Mayor. Mr. Ducker said he does have a vote on Council and he is a Council member and he wants to know how anyone votes on an issue and you don’t even know if there is money involved, if there is a raise, how can you vote on it? You just said you didn’t know. Mrs. Kuchta asked what they were paying Matt Kearns? Mrs. Joseph asked Matt if he was getting Acting Chief Wages, he should be. Mr.Ducker stated the President of Council just said she didn’t know. Mrs. Joseph said he should be getting Acting Chief wages and Matt said he is not. Mrs. Joseph said he should be because anybody should be getting Chief Kelly’s wages. Mr. Ducker asked that Sgt. Kearns be given those wages for the time he has been doing the job. Mr. Fetsko stated that this is a personnel issue that will need to be discussed other than within this forum. Mrs. Kuchta commented that as far as she knows the senior ranking Sergeant is Sgt. Dan Turner and that should be the next in line. She also has questioned as to why in the past we haven’t decided on having the Civil Service Commission do a promotion test for position of Lieutenant. Mrs. Joseph asked why she never had brought it up? M-24 Mrs. Kuchta made a motion to authorize the Civil Service Commission to begin the process of a promotion exam for the Position of Lieutenant; second by Mrs. Etzel. Upon roll call Vote, Messers. Depretis, Nix, Fetsko, and Mmes. Etzel, Kuchta, and Joseph voted yes. Mr. Ducker voted no, motion Passed 6 yes votes to 1 no vote. Mayor Bennett noted that he had received an agenda a week and a half ago, and he studies the agenda and goes over his notes. Tonight he got another agenda and that move is not on either agenda. Do you think that they would bring it up for discussion in front of the Mayor before they vote? I think this council is totally out of hand and not good for this community. Mrs. Etzel wanted to make a comment. She noted that she has a memo that was sent to Mr. Bennett and to Council Members by Chief Kelly. In it he said the position of OIC has never been selected strictly by seniority as I have stated at the agenda when knowledge and ability are equal to the task then and only then should seniority be the deciding factor. So we did interview all of them and as far as she is concerned, Mr. Turner has just as much qualifications as anybody else and he is the senior officer. Mayor Bennett wanted to make the comment that he agrees with Mr. Fetsko that this should have been discussed in an executive session before you made that decision. Mr. Ducker kind of agrees and disagrees with the Mayor. He wanted the public to know that we did have an executive session at the agenda meeting February 21st and after we came out of that meeting I made a motion to send Sgt. Kearns and Sgt. Turner to represent Baldwin Borough at a 911 meeting. It was second by Mrs. Etzel. The vote was carried unanimously. For your information, Mr. Barry asked who was going to notify Sgt. Turner and Mr. Nix state that he would take care of it. Mrs. Joseph stated that Mr. Turner had already known. Once again, Mrs. Joseph, I would like to know how Mr. Turner knew that he was going to a meeting before the motion was even put on the floor or ever even voted on. Apparently, there are some deals going on behind closed doors. Thank-you very much and I have no further comment. Mrs. Joseph expressed that that had happened in the past too. Mr. Ducker stated, “So you are saying that it is true. Thank-you.” Mrs. Joseph replied “no not with us, but with you”. Mr. Depretis asked if there is a position in the Civil Service Code for Acting Officer and a pay scale for that? Mrs. Joseph doesn’t have a Civil Service Code here. Mr. Barry noted that would be part of his written opinion and continued by saying we have a position for Chief of Police, that’s part of the Borough Ordinance and the Borough Code. This is council’s appointment for an Acting Chief which is part of the Borough Code, Part of our Ordinance. He will make that part of his written opinion. Council in my opinion still needs to decide what is Sgt. Turner going to get paid. Is he going to get paid, the question and we did talk about this, at least I talked about this and needs to be talked about in executive session and shouldn’t be discussed here, but the question is whether or not he is going to be treated as an exempt employee and given a salary or whether he is going to be treated as a non-exempt employee in which case he gets paid overtime if he works more than 40 hours a week. That is the question that needs to be decided and it is not going to be decided this evening. It is a separate issue. Mr. Depretis stated that maybe he is missing something. This all should have been done ahead of time. This is ridiculous. ADMINISTRATION Mr. Little told council that the only items on his agenda are the motions that were passed at the agenda meeting of March 13, 2007. · A motion for the Administrative employees to have the same health benefit plan as the Public Works Department. · A motion to increase the life insurance of the Administrative Employees from $15,000 to $25,000. · A motion to hire Michael Vaday to the Custodian B Position. However he has subsequently turned the position down to take a position at another firm. · A motion to permit the Paynter Elementary School to use the side parking lot of the Borough Building for shuttle buses on March 26, 2007 from 5:45-9:30pm. Mr. Depretis asked Mr. Little if we are going to need another custodian? Mr. Little stated that in light of Mr. Frederick’s resignation the answer is yes. Mr. Depretis asked if we need to advertise for that? Mr. Little stated that we have done that twice before and we can do it again. M-25 Mr. Depretis made a motion to advertise for a custodian B; Second by Mr. Ducker. Mr. Nix asked if we need to do this or can we use the list from before? Mrs. Joseph stated that we did weed some of them out when we offered the position to Mr. Vaday. Mr. Depretis stated that he had a motion. Mr. Fetsko had a question. Are the hours the same for Lloyd as they would be for the custodian that declined the position? Mr. Little answered yes. Mr. Fetsko thought it didn’t make any sense to advertise for a 30 hour versus a 26-hour custodian. Mrs. Joseph said that Lloyd had 18. Mr. Little stated that this would be a 24-hour position. Upon vote, motion carried unanimously. Mr. Ducker stated that he found it ironic that we advertise for a custodian at $8.00 an hour but we don’t advertise for a Solicitor at $150.00 an hour. AUDIENCE AGENDA · LaVerne Oberle of 4017 Willett Road spoke to Council about the two (2) vacancies on the Library Board. Two people were appointed about two months ago and they only attended one meeting and decided they did not have the time and resigned. She told council that in December, people who were serving on the Library Board had submitted letters to be re-appointed. Mrs. Joseph noted that Mr. Depretis had asked recently that these positions be advertised at the last agenda meeting to get some more names. The two letters that had been submitted previously are still valid and those people still wish to serve. Mrs. Oberle noted that the library board cannot conduct business with the shortage of members. M-26 Mr. Ducker made a motion to nominate Mrs. Janet Grgurich And Mrs. Irene Reid to the Library Board; second by Mrs. Etzel. Mrs. Kuchta noted that the list she has does not show any openings on the Library Board, but was told by Council that two of those people had resigned. Upon vote, motion carried unanimously. Mrs. Joseph stated that she didn’t remember getting a letter from Mrs. Grgurich, and Mrs. Oberle and Mr. Depretis noted that one was received in December, 2006. Mrs. Kuchta noted that it should have been on the agenda and Mrs. Joseph stated that it wasn’t and they needed the people so we put them on. · Mike Stelmasczyk of 133 Flora Road addressed Council by stating that he is sorry to see that the most qualified person should be in charge but instead it should be the longest-term officer. I would rather have the most qualified in Sgt. Kearns and he is sorry Sgt. Kearns that a couple of these people did that. He would also like to complain to this council that this was not on the agenda and as such and before you voted on this you should have asked for comments from the public before the vote. So what you did is against the Sunshine Law and you might be hearing from me further. Mr. Ducker asked for Mr. Barry’s opinion on that. As Mr. Barry had stepped out for a few minutes and then returned, Mrs. Joseph asked Mr. Stelmasczyk to step back to the podium. · Mr. Stelmasczyk noted that Mrs. Etzel should be aware of this as well because they both served on the School Board, if something is not on the Agenda, first if something is on the agenda you start the meeting be asking for audience comment on agenda items only. The vote to take Sgt. Kearns out and put council’s favorite in was not on the agenda so it should have gone to the public before it was voted to see what the public had to say and you did not. I say that is a violation of the Sunshine Law. He doesn’t expect anything to be done, but council will be hearing from him further on it. If you want to vote again, you can make it legal but what you did right now is illegal. Mr. Ducker asked if Mr. Barry concurs with him on that? Mr. Barry noted that the gentleman was correct in saying that if something is brought up that is not on the agenda you need to give the opportunity for public comment. He is correct in saying that. · Sgt. Matt Kearns stated that Officer Jim Jones was instrumental a capturing a gentlemen who later turned out to be a serial bank robber and he had written up a commendation and was under the impression that it was to be read at the meeting this evening. Mayor Bennett apologized to Sgt. Kearns noting that he was going to read that under his report and it was overlooked. Mayor Bennett noted that he would address that at the next meeting. Sgt. Kearns just wanted the officers to get their due. · Gail Dobson Mikush of Portia Drive wished to thank Matt Kearns for the outstanding job he has done in the last four (4) weeks because not only did he have to deal with no Chief, who I wish all the greatest of health here in what he is going through and hope it works for him, other than the comments I hear other people have been making; but also the fact that he has had to do this in the transition to 911. So she knows that it hasn’t been easy. Plus the fact, I know for a fact that Sgt. Turner put in his letter of retirement over a year ago. A resident asked how she knew that, and Mrs. Mikush retorted because he told me so. Mrs. Joseph noted that everyone tells her everything. Mrs. Mikush retorted that he told her himself not even four (4) weeks ago. The other thing is Mrs. Joseph as a resident of this Borough I demand to know when we are going 911 because it is my understanding again that they are not taking us on April 1st. Mrs. Joseph stated that Mr. Guerra is off sick with pneumonia and he would be able to fill us in, and she doesn’t have that information but she will get it for her tomorrow. Mrs. Mikush stated that she would appreciate it because of the fact that we now have three (3) dispatchers completely gone and that we are paying officers time and a half at $50.00 an hour approximately to do those positions because the majority of this council did not do their job in checking what the consequences were and how this was going to affect us. It is going to cost us a hugh amount of money that isn’t going to be an initial cost but this will be affecting us for years. You people were very bad. Mrs. Joseph reiterated that she would get the information to her tomorrow. · Pete Obringer, 3311 Churchview Avenue asked Council why they were only accepting the resignation of Len Sargo from the zoning hearing board when he resigned in December, 2006. Why is it only today that it is being brought up? Mrs. Joseph stated that council never got a letter from Mr. Sargo. Mr. Obringer noted that Mrs. Kuchta goes to all of the meetings and knew, we told her and he told her when he resigned. Mrs. Kuchta noted that they never got it in writing. It must be done by a letter in writing. Mr. Obringer noted that he got a letter and had to forward it to council, but stated that council is four months behind. Mrs. Joseph asked Mr. Little when he had received the letter from Mr. Sargo and Mr. Little stated only a month ago and Mrs. Joseph stated that is why Council acted tonight. Mrs. Joseph had to reiterate that a letter in writing is needed. She stated that when Mr. Obringer resigned he had to submit a letter and was informed that he did not resign, he was not re-appointed. · Mr. Obringer noted that Mrs. Joseph is doing a hell of a good job screwing up the Borough. Mrs. Joseph noted that he had done a great job too. · Sam McPherson, 4610 Gardenville Road addressed council to change the tone. Years ago, there was an Ordinance in the borough that the police department would be made up of a Captain, and three lieutenants. He has never heard in all these years that it has been done away with. Does anyone have any knowledge of this? Mrs. Joseph noted that the Ordinance was retired when Charlie Colosi passed away. Mr. McPherson noted that Charlie had retired and when he passed after that the ordinance was established and there was supposed to be three sergeants as well. The reason for that was that on each three shifts you would have a lieutenant and a sergeant and neither one of those two could take off at the same time so that the Borough was covered with an OIC getting paid for 24 hours around the clock. When was that changed? Mayor Bennett told Mr. McPherson that the position of Captain was taken out of the code but the positions for Lieutenants and Sergeants still remains. Mayor had asked Council a number of years ago to promote a lieutenant so that we would not be having the problem we are having now, where it is a political selection for Officer in Charge rather than a man that is suppose to do the job. The reason he mentioned that is due to the fact that Mrs. Kuchta made a motion about lieutenant and he didn’t feel it was necessary. Mr. McPherson also noted that if you are going to follow the protocol as the Mayor pointed out about following the agenda, Mr. McPherson has set through many, many meetings and he has heard Mr. Depretis say after his report that this is not on my Agenda. He doesn’t see anything wrong with that. The purpose of the meeting is to carry out the responsibilities of the Council. If you have a special meeting I believe you should talk about a special point. But even if the special meetings, he believes you are covered when you say or any other business that comes up before the Council. You can check the Sunshine law all you want but I believe that is the way it should be done. Thank-you. · Carmen Proviano, 41 Tush Drive addressed Council as a Baldwin Borough resident for 47 years. He asked Mrs. Joseph why she has a vengeance for the Baldwin Police Department? Matthew Kearns, I thank you from the bottom of my heart, you found my son on that desolate dirt road in Belmont Ohio and I thank you for everything you have done for me. And you, Mrs. Joseph, what you have said many times to many people, “what business was it of Chief Kelly to get involved with the Proviano’s”. You are an evil, evil, evil person and god will take care of you and take care of the other Borough council members that vote with you constantly. God will take care of you, Mrs. Joseph. Mrs. Joseph noted that he will take care of all of us including you, Mr. Proviano. When did you sell your soul to the devil? Recently, or ten years ago when Chief Kelly started to help me. And you said what business does Chief Kelly have to get involved with the Proviano’s? Mrs. Joseph noted that Mr. Proviano was out of Line. M-27 Mrs. Kuchta made a motion to adjourn; second by Mr. Nix. Upon vote, motion carried unanimously. Meeting adjourned at 8:53 p.m. Respectively Submitted BOROUGH OF BALDWIN Timothy J. Little Borough Manager |
Council Minutes 
