Open meeting rules, ethics, and purchasing rules were among the topics at the Bradford Township Board of Supervisors meeting Monday.
The first issue came up just after the opening of the meeting. The agenda that stated two executive sessions had been held prior but only stated pending legal matters had been discussed. When asked whether these meetings, one on Nov. 3 and one just prior to the regular monthly meeting had been previously announced, Mark Cline, chairman, responded, “they just were.”
Another question posed by this reporter was what legal matters had been discussed during these meetings? Cline stated after being pressed, “not telling you, not allowed.”
After the reporter reminded the entire board about the Sunshine Law in regard to executive sessions, a resident asked what legal matter, citing something about what she just asked. And Cline said, “which one, Nov. 3 or tonight, it is bridge legal matters.”
The Sunshine Law states, essentially, that they are to be held “only for strictly limited purposes,” such as to “consult with the solicitor in connection with ongoing or pending litigation,” and are for discussion purposes only — no decision or official action can happen during an executive session, they must be made in a public meeting.
According to Cline, no actions had been taken as a result of the sessions in question.
It was asked if these questions were regarding agenda items. And, as the reporter pointed to the papers picked up at the beginning of the meeting, the word “AGENDA” is at the top of the page, “therefore, anything under that word would be an agenda item.”
Laree Sue Behan, vice chair of the board, asked “Why are you doing this?”
To which the reporter responded, “because I am allowed.”
The part that seemed to stir up the audience was in the new business section of the agenda. Still during the public comments time, were two items drawing fire — how the township has gone about purchasing a frontend loader and whether a labor contract was negotiated, as well as whether there is a conflict of interest with the contract.
Many residents in attendance pointed out that the township does not need this equipment and the funds should be spent on the roads. Steve Mascho, supervisor, said the same as he explained his “no” vote.
Federal stimulus and sewer funds will be used to purchase the equipment if the township doesn’t receive the grant funds from the Department of Community and Economic Development Statewide Local Shared Assessment grant. Kerry Roslinski, resident and business owner, was adamant the township should not be taking money from the sewer department for a piece of equipment the department will never use. He called for more transparency in the township’s operations.
Roslinski was asked how long he had been in the sewer business, “31 years” he responded, and he does not own a frontend loader.
It is not only the cost to the township that sparked questions. There has been no public discussion, said one resident. And, the agenda stated that the secretary would do a “Call-out Vote” to each supervisor to get their vote on how to proceed with the purchase of the loader. When asked what a call out vote is, Susan Gibiser, township secretary treasurer stated, “it is where the secretary, treasurer calls the three supervisors on a matter. When an action needs to be taken care of prior to a meeting because a vote needs to happen on a timeline.” The reporter also asked where in the code or other regulations that this form of voting, call out vote, is for reference. Flustered, Gibiser said, “Only done because of a timeline. It’s always been done this way.”
This sort of vote goes against the Sunshine Law which requires all public agencies to take all official actions and conduct all deliberations leading up to official actions at public meetings. This includes votes.
Then, in regards a motion to approve and accept the Non-Uniform Agreement between Bradford Township and Teamsters Local Union #110, a four-year contract, the supervisors were asked if this included the road crew, they said yes. They were asked if Frank Behan — supervisor Behan’s husband and roadmaster — is on the road crew currently and part of this agreement, they said yes. Behan was asked if she would abstain from voting, to which she stated, “The only thing I have to abstain from is his wages, and only if they are just his.” According to the Township Supervisor’s Handbook, “Township supervisors must carefully avoid conflicts between their personal and private interests and their role as township supervisors. Township officials are prohibited from using their office to financially benefit themselves The Ethics Act defines ‘immediate family’ as a ‘parent, spouse, child, brother, or sister.’ Alleged violations of the act should be referred to the State Ethics Commission for investigation.”
Mascho said he was not a part of the contract negotiations, and in fact, hadn’t been told when they were taking place. He also stated that there was nothing in the minutes or noted in any of the executive sessions about such matters. “That’s personnel so wouldn’t be on any minutes or listed on executive sessions,” according to Gibiser.
The East Warren Road Bridge was a topic on the agenda as well. The township supervisors could not give the total spent on the bridge nor could they give the amount that has been spent in litigation on this bridge.
Behan and Cline voted yes to paying contracts on materials for the bridge, despite audience objection. Residents said there are no final plans for the bridge, which Mascho confirmed.
However, the invoices, totaling more than $330,000, were approved at the meeting, with only Mascho opposed.
A group of Bradford Township residents, who have been attending the monthly meetings and asking questions, have come together to better inform township residents about what is happening. The group will meet at the Bradford Area Public Library at 7 p.m. Thursday, Nov. 17.
The proposed 2023 budget will be available for public review for twenty (20) days prior to adoption at the next meeting on Dec. 12; according to the supervisors, there are no property tax increases or rate increases for garbage or sewer; however, there is an increase in dumpster rentals and emptying fees.
The next monthly meeting of the Board of Supervisors will be held on the regular scheduled day of Monday, Dec.12 at 7 p.m.