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Smyrna Town Gov't
 
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Two and a half cents
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 Posted: Sat Jun 6th, 2009 04:08 am
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Two Cents wrote: Kathy -- I don't know whether you are right or wrong about the provisions of 5.1.2 of the charter, but almost certainly the mayor and council have received the benefit of consultation with the town attorney on this matter and unless there are other legal considerations that tend to nullify or set aside this provision, would he not have advised the mayor and council to have the oath of office administered to Mr. DeFeo?

Two Cents does no one get it?   You have 3 members of council who have dug their heels in determined to undermine and veto as much as they can  (committees nominations, vice mayor, and the nomination for the empty seat) because it is coming from a mayor who is trying so hard not to appear weak (this time) that she will not move or compromise on any thing she says or does. I voted for Pat so I am one of the 37 that put her over the top but if I had it to do over again I would not vote her in again.  We have 3 committees sitting out there because none of the 6 (including the queen eh I mean mayor) can talk about and work out. As for DeFeo I have a question. When the mayor left him off the safety committees (which he served on last year) Thornton asked her to put him back on becausee he was qualified and had done a very good job. Why would Thornton care if DeFeo got back on the committee or not if he really doesn't want to be around the man as was suggested here on this blog?   It is plain and simple politics at it's worst both sides standing their ground waiting for the other to give in.  DeFeo could have come floating down to town hall on the wings of a snow white dove and he would still be playing "monkey in the middle"  It has nothing to do with the man. It all has to do with 6 adults acting like children to get their own way and as citizens  we should be d**n mad. This has gone on long enough.
Thornton said he needs to examine other candidates. THERE WERE NO OTHER CANDIDATES. 
  Something  is really starting to stink at town hall.  Once again backwards Smyrna can't get it right.

Two Cents
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 Posted: Sat Jun 6th, 2009 12:48 am
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In my view --- I am not a lawyer --- This section would be the applicable and controlling section of the charter in the instant circumstances, where there is a vacancy created by resignation prior to the end of one's elected term.   In other words, the mayor and council would select a person to fill the unexpired term until the next regular town election, not administer the oath of office to the second highest vote-getter for an at-large seat.

6.5 Filling Vacancies on the Town Council.   

6.5.1 Council-members. In case of a vacancy among the council-members, the remaining members of the Town Council may elect another qualified person to fill that vacant seat until the next ensuing regular municipal election. At such election, the qualified voters of the Town shall elect a qualified candidate to fill the seat for the remainder of the original term. Each such vacancy shall be separate and distinct from any other such vacancy and from the full-term seats to be filled at such election; and shall be so designated on the ballot. The written notice of candidacy for election to fill a vacancy under this section shall specify the vacant seat for which the notice of intention to run is made, and no candidate shall file a notice of intention to run for more than one seat. The candidate receiving the highest number of votes for each such vacant seat shall be declared the winner.

 

Two Cents
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 Posted: Sat Jun 6th, 2009 12:36 am
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Kathy -- I don't know whether you are right or wrong about the provisions of 5.1.2 of the charter, but almost certainly the mayor and council have received the benefit of consultation with the town attorney on this matter and unless there are other legal considerations that tend to nullify or set aside this provision, would he not have advised the mayor and council to have the oath of office administered to Mr. DeFeo?

Passing Time
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 Posted: Fri Jun 5th, 2009 09:29 pm
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Good Job Kathy!

tspong
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 Posted: Fri Jun 5th, 2009 09:23 pm
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Copied below is a letter to the editor submitted to the Delaware State News. You can post your opinions by clicking on "Reply."

Editor’s note: this is an open letter to Smyrna Town Councilmembers Larry Thornton, Valerie White, and Memphis Evans.


For the past three council meetings, when Tony DeFeo was nominated to fill the existing council vacancy, you have voted NO (except Mr. Evans, who chose to not attend the last council meeting — perhaps so he didn’t have to vote?). In each instance, there was not any reason given for the no vote. It is my firm belief that the public has a right to know the reasons why you three have deemed that he is not suitable to serve the town. Even though he has demonstrated that he has a strong interest in working on behalf of the town of Smyrna, and you were presented with petitions with hundreds of names endorsing Mr. DeFeo, you have chosen to play obstructionist politics. If you think that you are doing the town a favor, please think again. You have disenfranchised hundreds of your constituents — and in my opinion, have violated the public’s trust.


I would like to provide some language taken directly from the town’s charter and code of conduct:


Smyrna Town Charter — Section 5.1.2


"In the event that no qualified candidate files a timely notice of candidacy under section 5.3, such seat shall be filled for that term of office by the "at-large" candidate receiving the second-highest number of votes for the at-large seat."


Since Mr. Pressley did not resign his seat in time for candidates to file a "timely" notice, the seat should be filled by Mr. DeFeo under the terms of the charter, since he had the second highest vote count for the at-large seat. This, in itself should be enough to seat Mr. DeFeo.


From the Code of Conduct – Sec. 2-200 (b)


"Statement of policy. The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people ... and that the public has confidence in the integrity of its government."


I submit that you three have not acted independently — you seemed to have formed a trifold alliance; you have not acted impartially — you are doing everything in your power to shoot down any of the ideas/nominations of the Mayor and other councilmembers; and, you have totally shot down my confidence in your integrity as agents of the Town of Smyrna.


Mr. Thornton was recently quoted as stating that he did not have to give the Mayor reasons for his NO votes — however, he did state that he would give reasons to the people who he represents. He represents everyone in the town since he has an at-large seat. We’re all waiting to hear the reasons. How about Ms. White and Mr. Evans — you have a duty to represent the wishes of your constituency as well. It appears that the people have spoken loudly and clearly ... do the RIGHT thing Mr. Thornton, Mr. Evans, and Ms. White — and vote to seat Mr. DeFeo on the council.


Kathy Melvin


Smyrna

Barney Rubble
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 Posted: Wed Jun 3rd, 2009 08:50 pm
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Maybe that's who the mayor is seeking information about?  She was not very specific as to what she was searching for.

Barney Rubble
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 Posted: Wed Jun 3rd, 2009 08:24 pm
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Journeyman wrote: Ethics? You people expect ethics? Anybody hear the one about the councilman who had an affair with his secretary and left his wife for her? :D

That's interesting, but some of us did not hear about it.  Who is the councilman?

Journeyman
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 Posted: Wed Jun 3rd, 2009 06:38 pm
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Ethics? You people expect ethics? Anybody hear the one about the councilman who had an affair with his secretary and left his wife for her? :D

Last edited on Wed Jun 3rd, 2009 06:40 pm by Journeyman

Ourtown
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 Posted: Wed Jun 3rd, 2009 06:33 pm
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cottoncandy wrote: 6.5.1   Council-members. In case of a vacancy among the council-members, the remaining members of the town council may elect another qualified person to fill that vacant seat until the next ensuing regular municipal election. At such election, the qualified voters of the town shall elect a qualified candidate to fill the seat for the remainder of the original term. Each such vacancy shall be separate and distinct from any other such vacancy and from the full-term seats to be filled at such election; and shall be so designated on the ballot.....
 
Perhaps the Charter Review Committee (if it gets confirmed) should consider changing "may" to "shall" so that we have an uneven number of Council people.  With the way the Council is now configured, it appears that nothing will get accomplished for the next year.  Wow! Maybe this is a good idea.  Unnecessary spending will be curbed since the Mayor, Councilman Raynor, and Councilman Riddagh are fiscal conservatives, and we will be in a better financial position for the future.

There seems to be some questions about what is the charter saying.  Refer to Sec. 5 Town council - 5.1.1 Governing body. The government of the town and the exercise of all powers conferred by this Charter, except as otherwise provided herein, shall be vested in and exercised by a town council composed of a mayor and six council-members to be chosen as hereinafter provided.

 5.1.2 (b) Where no district candidate files to run.  In the event that no qualified candidate files a timely "notice of candidacy" under section 5.3, such seat shall be filled for that term of office by the "at-large" candidate receiving the second-highest number of votes for the at-large seat. 

 

I would think 5.1.2 would apply due to the fact there was not "a timely notice"

Who makes the determination which section should be used.  Let me guess - Council - with their 3 to 3 vote.  I see some serious issues with our town charter.



 


 

yun1095
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 Posted: Wed Jun 3rd, 2009 06:09 pm
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Barney Rubble wrote: Yun -- I read that in the sun-times, too.   Have you ever met a person that you immediately knew that you didn't want to spend any time with?  Esp a couple of monday nights a month?  It could be that simple.  I neither know or care -- every council person has a right and a duty to vote on issues in the manner they see fit.  If the residents don't like that, maybe Mr. Thornton will not be reelected.
Actually not, I'll give that person the time and ask him/her where he/she's coming from, then if i have any doubts then i turn them away. No just because... IT'S THAT SIMPLE...

Barney Rubble
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 Posted: Wed Jun 3rd, 2009 02:59 pm
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Yun -- I read that in the sun-times, too.   Have you ever met a person that you immediately knew that you didn't want to spend any time with?  Esp a couple of monday nights a month?  It could be that simple.  I neither know or care -- every council person has a right and a duty to vote on issues in the manner they see fit.  If the residents don't like that, maybe Mr. Thornton will not be reelected.

yun1095
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 Posted: Wed Jun 3rd, 2009 02:38 pm
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Barney Rubble wrote: Maybe Thornton does not perceive Mr. DeFeo as having the qualifications that Thornton deems best suited for a council member.  Unlike having to work with whoever the voters elect, a sitting council member can exercize his judgement on a nominee for appointment.  You and I probably don't know what Thornton knows or thinks about DeFeo.  Whether he is right or wrong, he is entitled to vote as he sees fit, for whatever reason he sees it that way.  He really doesn't need to explain it.


Barney, let me quote this for you:



"I don’t have to explain anything to you, madam mayor," Thornton shot back. "I have to explain to my constituents and I’ll be glad to do that."
Im not asking for an explanation, HE OFFERED and explanation and we deserve one :P

Tracker
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 Posted: Wed Jun 3rd, 2009 02:25 pm
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Barney Rubble wrote: Maybe Thornton does not perceive Mr. DeFeo as having the qualifications that Thornton deems best suited for a council member.  Unlike having to work with whoever the voters elect, a sitting council member can exercize his judgement on a nominee for appointment.  You and I probably don't know what Thornton knows or thinks about DeFeo.  Whether he is right or wrong, he is entitled to vote as he sees fit, for whatever reason he sees it that way.  He really doesn't need to explain it.
Except for the fact that he was elected to vote the will of the people and ignore his personal feelings (he took an oath to that effect).  Several petitions have been circulated and signed by the people asking that Mr. DeFeo be seated on Council.  Besides, it has been reported that Thornton, White, and Evans have no objection to DeFeo other than the fact that Mayor Stombaugh nominated him.

cottoncandy
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 Posted: Wed Jun 3rd, 2009 02:15 pm
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6.5.1   Council-members. In case of a vacancy among the council-members, the remaining members of the town council may elect another qualified person to fill that vacant seat until the next ensuing regular municipal election. At such election, the qualified voters of the town shall elect a qualified candidate to fill the seat for the remainder of the original term. Each such vacancy shall be separate and distinct from any other such vacancy and from the full-term seats to be filled at such election; and shall be so designated on the ballot.....
 
Perhaps the Charter Review Committee (if it gets confirmed) should consider changing "may" to "shall" so that we have an uneven number of Council people.  With the way the Council is now configured, it appears that nothing will get accomplished for the next year.  Wow! Maybe this is a good idea.  Unnecessary spending will be curbed since the Mayor, Councilman Raynor, and Councilman Riddagh are fiscal conservatives, and we will be in a better financial position for the future.

Barney Rubble
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 Posted: Wed Jun 3rd, 2009 02:07 pm
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Maybe Thornton does not perceive Mr. DeFeo as having the qualifications that Thornton deems best suited for a council member.  Unlike having to work with whoever the voters elect, a sitting council member can exercize his judgement on a nominee for appointment.  You and I probably don't know what Thornton knows or thinks about DeFeo.  Whether he is right or wrong, he is entitled to vote as he sees fit, for whatever reason he sees it that way.  He really doesn't need to explain it.

yun1095
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 Posted: Wed Jun 3rd, 2009 01:51 pm
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Barney, you are correct in stating that he does not have to answer to the Mayor, but for sure he does need to answer and explain to his constituents, and quit playing the game that he will answer when he's ready :P.

Barney Rubble
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 Posted: Wed Jun 3rd, 2009 01:23 pm
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Tracker wrote: I believe the Mayor is referring to the 3 councilmen/woman who continually vote "no" without an explanation and without offering an option. 

If you are correct, the mayor is showing her ineptitude.  Mr. Thornton had it right when he responded to her request for an explanation of his "no" vote.  No councilperson is required to explain themselves to the mayor.  Neither is it incumbent upon the mayor or any council person to nominate somebody for the vacant seat.  This is politics, and people in those positions sometimes do things, the reasons for which are unclear to anyone else.

 

Tracker
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 Posted: Wed Jun 3rd, 2009 01:07 pm
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I believe the Mayor is referring to the 3 councilmen/woman who continually vote "no" without an explanation and without offering an option.  I understand that Thornton has been approached by some of his constituents to ask why he is voting "no" (since he is quoted in the newspaper that he owes the mayor no explanation but will tell his constituents), and his answer is that he is not prepared to discuss it.  IMO, that is unethical behavior.  Thornton prides himself in bringing forth the Ethics Commission for the Town, and then violates his own principles. 

smyrnaproud
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 Posted: Wed Jun 3rd, 2009 05:09 am
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Reading carefully... I have serious discontent with White, Thorton, and Evans continuously voting against Mr. DeFeo to the open council seat --- after they have heard NUMEROUS of their constituents that are in favor of this selection.

They make no recommendations for the open seat, yet continue to vote NO to DeFeo, without any reasoning offered.

To me, their behavior violates the Code of Ethics.

Barney Rubble
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 Posted: Wed Jun 3rd, 2009 03:29 am
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Well, it was around 5:30 P.M. that I invited the mayor to PM me, and as of 10:27 P.M. she has not done that.  Maybe she concludes that I have no useful information to offer.  That is probably correct thinking.  This is a fight that I have no dog in.  Except for the betterment of the town.  Fire the wrongdoers!!!!!

NativeDel
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 Posted: Wed Jun 3rd, 2009 02:31 am
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Barney Rubble, I believe you are right. Maybe all the members of council have violated the “Code of Conduct” by failing to act and protect other employees in the Town of Smyrna and all the citizens of the Town of Smyrna.

Barney Rubble
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 Posted: Wed Jun 3rd, 2009 01:34 am
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NativeDel -- if Santa Claus is even half right (Isaw the original post on May 27 before it was edited away), the mayor and the council have abandoned their duties completely.  I don't know if that violates the code but the person named sure has (if Santa is right).  Maybe she is collecting additional information on the employee.

NativeDel
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 Posted: Wed Jun 3rd, 2009 01:02 am
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I do not know who Pat is trying to insinuate or get someone to pass on information. If the information that Santa Clause keeps putting out is even half true, Pat and the other council members knows who might have violated many rules. That employee continues to work and continues to be in charge of those that uphold the rules of the town. The citizens of this town should be concern of the integrity of town leaders and their decision making. Why has that employee not been investigated by the town, regardless of what others are doing. You have an obligation that has not been fulfilled and everyone is worried about committee or council person appointees. There are bigger issues that the public should be worried about, but the council only bickers among themselves while bigger fish watch and laugh.

Barney Rubble
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 Posted: Tue Jun 2nd, 2009 10:30 pm
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Mayor Stombaugh ---- concerning which town employee?   You have somebody in mind or you would not post this.   You can send me a PM if you want to.

Pat Stombaugh
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 Posted: Tue Jun 2nd, 2009 10:02 pm
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If you, the Town of Smyrna citizens, feel any of the "Code of Conduct" rules listed below have been violated, please contact me asap.

email - stombaugh4smyrna@comcast.net

Thank you,

Mayor, Pat Stombaugh 

Code of Conduct

 

Sec. 2-200

 

(b)

 

Statement of policy.  The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people; that governmental decisions and policies are made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public has confidence in the integrity of its government.

 

(1)    Public trust.  In our democratic form of government, the conduct of officials and employees of the town must hold the respect and confidence of the people.  They must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.

(2)    Standards.   To ensure propriety and to preserve public confidence, officials and employees of the town must have the benefit of specific standards to guide their conduct and disciplinary mechanisms to guarantee

Uniform maintenance of those standards.  Some standards of this type are so vital to government that violation  thereof should subject the violator to civil penalties.

 

(3)    Performance of duty

a.      Elected town officials are obligated to uphold the fundamental legal principles of our system of government, as set forth in the United States Constitution, the state constitution, and the Town Charter, as well as all applicable provisions of federal, state and local law and court decisions.  they are bound to do so, and the failure to so act shall constitute malfeasance in office.

b.      All officials and employees of the town should be loyal to the objectives expressed by the electorate and the programs developed to attain those objectives.  Appointive officials and employees should adhere to the rules of work and performance established as the standard for their positions by appropriate authority.

 

 

c.       Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work.

       

(5)    Fairness:  Town officials and employees shall strive for the highest standard of fairness in all of their activities and shall not grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

 

Sec. 2-203 Established

 

a.      Appearance of violation.  Each town official and employee shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he is engaging in acts which are in violation of his public trust  and which will not reflect unfavorably upon the town and its government.

 

(b) 1.  Impairment of independence of judgement in the exercise of

      official duties:

      3. The making of a governmental decision outside official    

      channels; or

      4. Any adverse effect on the confidence of the public in the

      integrity of the government of the town.

Someone
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 Posted: Tue Jun 2nd, 2009 09:48 pm
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Menda, we know you want to spark up folks.  So folks no need to address his posts.  Just want to get folks fireing back

Mendavor
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 Posted: Tue Jun 2nd, 2009 09:42 pm
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I've told you foolish people time and time again.  I outlaid a plan on how to see out and elect responsible and caring people for office.  All this bickering could not happen in a socialist government, but no, you had to elect what one side calls the other, political hacks and incompetents.  Within the local Democratic party there are good socialistes who fear speaking up, although now is the time.  We see the socialist change in the federal government so why not in the local government?  It is supposed to be grassroots.  Enlist the aid of ACORN to help seek out the socialoists.  Attend a Democratic party meeting.  You'll find them.  Give them encouragement.  Once you begin you will find it easier for the half-hearted socialists to come out from hiding.  Many of the posters in these forums are socialists but are too afraid to identifyu themselves and the rest are totally unaware that they harbor socialist thoughts and sentiments.  From a little acorn grow mighty oaks. 

yun1095
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 Posted: Tue Jun 2nd, 2009 06:50 pm
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Could we start a petition for recall of elected official's ?

Someone
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 Posted: Tue Jun 2nd, 2009 05:40 pm
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OK, who do you feel should be there.  Let's get somebody, but now listen, we don't want to replace with what we had.  If you feel that's the way, and boy are we ever going backwards.  And I think we have done that enough, what you think. 

Barney Rubble
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 Posted: Tue Jun 2nd, 2009 05:18 pm
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I guess nobody else sees it as more than a little bit interesting that seemingly everybody in town NOW wants for Mr. DeFeo to be appointed to the vacant council seat, yet not everybody voted for him in the election a few weeks ago.   Interesting.

Someone
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 Posted: Tue Jun 2nd, 2009 05:16 pm
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Mr. Thornton could you please explain who then.  It is time to, well let's put it this way, you Ms White, who showed her colors in the photo, are beinging to be the fault of the town.  i think folks who run for office should care about things, all things.  If you two haven't seen it yet, the folks in town do not want what we had, wake up.  And Ms White you let me down, but I know you really don't care, might be one of the problems who might have, don't care.  Again, not sure if Deleo would be good or not, but you don't have a better choice.  But this is just my opinion.

yun1095
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 Posted: Tue Jun 2nd, 2009 04:49 pm
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One thing I can say about Mr. Thornton...he may not be able to keep his job, but he's not boring :P

fuzzy
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 Posted: Tue Jun 2nd, 2009 04:11 pm
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IMHO Only wrote: Well, Thornton and White are playing politics again with the Mayor.  They cannot accept the fact that Mullen (Thornton) or Pressley (White) did not win the mayoral seat.  Mr. DeFeo has made it very clear that he is not a rubber stamp for Mayor Stombaugh.  He is looking out for the people.  It is only speculation that the reason Evans did not show up at Council last night is because he has received a lot of pressure from his supporters to vote for DeFeo.

We will work hard to unseat Thornton in the next election.  He has let me down; I was an ardent supporter of his and, I thought, a good friend.  It's a shame that we have to put up with White's vindictiveness for 3 more years.

Amen to that.......unfortunately, we are stuck with them for a while.  Next election should be interesting.......  It is too bad that some people can't put aside their feelings and vote for the good of the town.  I've noticed that they (White, Thornton, and Evans) haven't offered up anybody else.  Mayor Pat, keep on keeping on.....they are the ones who are looking bad.

IMHO Only
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 Posted: Tue Jun 2nd, 2009 04:01 pm
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Well, Thornton and White are playing politics again with the Mayor.  They cannot accept the fact that Mullen (Thornton) or Pressley (White) did not win the mayoral seat.  Mr. DeFeo has made it very clear that he is not a rubber stamp for Mayor Stombaugh.  He is looking out for the people.  It is only speculation that the reason Evans did not show up at Council last night is because he has received a lot of pressure from his supporters to vote for DeFeo.

We will work hard to unseat Thornton in the next election.  He has let me down; I was an ardent supporter of his and, I thought, a good friend.  It's a shame that we have to put up with White's vindictiveness for 3 more years.

tspong
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 Posted: Tue Jun 2nd, 2009 02:54 pm
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What do you think?

From the Delaware State News:

Smyrna fails to fill vacant council seat


By Al Kemp


Delaware State News


SMYRNA — Town officials remained bitterly deadlocked on filling a vacant council seat during a Town Council meeting Monday night.


The motion to appoint Tony DeFeo to the post vacated by William D. Pressley failed by a vote of 3-2, with Lawrence Thornton and Valerie White casting dissenting votes and Memphis Evans absent.


According to the town charter, four votes are required to fill a vacant post on council.


Before the vote on the vacant seat, Mr. Thornton and Ms. White shot down three of Mayor Patricia Stombaugh’s recommendations for committee appointments.


Mayor Stombaugh won a second term in town elections April 27, collecting 318 votes. Mr. Pressley received 281 votes and former councilman Gene Mullen received 122 votes.


The mayor and Mr. Thornton sparred over the council’s deadlock when she asked him to explain his opposition.


"I don’t have to explain anything to you, madam mayor," Thornton shot back. "I have to explain to my constituents and I’ll be glad to do that."


"I think Mr. DeFeo would do a good job on council, but it doesn’t appear that’s going to happen," the mayor told council.


After her motion to appoint Mr. DeFeo failed, Mayor Stombaugh moved to appoint Regina Brown to the post, but no one on the council seconded the motion.


After the meeting, Mr. Thornton said his opposition to Mayor Stombaugh’s choices was not personal.


"I just think there needs to be more searching done," he said.


In other business, Bill Hill of the Smyrna Opera House told council that the building is leaking and needs a new roof and new windows, which he priced at $10,500 and $5,400. Council voted to send the issue to the Finance Committee for further consideration.


The meeting adjourned after just 30 minutes. Mayor Stombaugh called it the shortest council meeting in memory.


Staff writer Al Kemp can be reached at 741-8226 or akemp@newszap.com.

Tracker
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 Posted: Tue Jun 2nd, 2009 04:57 am
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What happened at Town Council this evening?  I hope Thornton, White, and Evans honored the many signatures on the petitions that were presented to Council at the last meeting and voted for Mr. DeFeo for the open Council seat.

Another Opinion
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 Posted: Sun May 31st, 2009 12:49 am
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Ourtown wrote: Isn't there something in the charter that states a majority of voters may remove members from council? Perhaps that should be the petition circulated.

Wishful thinking.    Here is what the town charter has to say about the subject.   By the way, even the esteemed mayor has been known to misquote this as allowing a council member to be removed by the remainder of the council.   She was wrong, too.

6.4 Vacancies, Forfeiture of Office.

6.4.1 Vacancies. The office of Mayor or council-member shall become vacant upon his/her death, resignation, lawful removal from, or forfeiture of his/her office.

6.4.2 Forfeiture Proceedings. A forfeiture of office shall occur when the Mayor or any Council-member:

(a) lacks, at any time during his/her term of office, any qualification for his/her office prescribed by this Charter or by law.

(b) willfully violates any express prohibition of this Charter.

(c) is convicted of a felony or any crime involving moral turpitude.

(d) fails to attend three (3) consecutive regular council meetings without being excused by Council.

(e) is physically, mentally, or emotionally incapable of performing the functions of his/her office.

6.4.3 Determination Concerning Forfeiture. Where the conditions set forth in 6.4.2 (c) or (d) occur, forfeiture shall be automatic. Where the conditions set forth in 6.4.2 (a), (b), or (e) are alleged to have occurred, a determination concerning such alleged forfeiture shall be made by the Council, but the affected party shall not have a vote in any such decision. Such deliberations may be had in executive session and if the Council preliminarily determines by a unanimous vote of the Council-members entitled to vote on the question, that a forfeiture has occurred, it shall, within forty-eight hours of that determination, provide written notice thereof to the affected Council-member, stating specific reasons. The affected party shall then have ten days in which to make a written demand for a public hearing before the Council, to be held within twenty days of the written demand, at which hearing he or she may appear with the assistance of counsel and present evidence to the relevant issues. Thereafter, the Council shall hear any other relevant evidence and vote again on the question of forfeiture; and if a determination of forfeiture is again made by a unanimous vote of the disinterested Council-members entitled to vote on the question, the decision shall be final.

Tracker
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 Posted: Sun May 31st, 2009 12:46 am
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Welder wrote: Makes one wonder why this DeFao man is still interested?  He cant change the others.
We do not want Mr. DeFeo to "change the others", whomever you are referring to.  We want him to represent the people to the best of his ability, to listen to all sides before coming to a decision, and vote his conscience.  I believe he has the honesty and maturity to do this, which I find lacking in White, Thornton, and Evans.

Ourtown
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 Posted: Sat May 30th, 2009 11:36 pm
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Welder wrote: Amazing to me that a town with probly between 1,000 and 2,000 adults who are eligible, only one single man's name comes up in the discussion of appointing a council man.  Is there nobody else in town worthy of consideration?  There are lots of people.  Don'y know as I blame them for not wanting to be on the council with the others though.  Makes one wonder why this DeFao man is still interested?  He cant change the others.
Did you stop to consider that Mr. DeFeo did step up to the task.  He spent his money on signs, flyers and advertising. He was one of the few candidates that reached out to us, the citizens, walking our town and making an effort to met as many of us as possible.  I hear he visits town hall to get the up to date information and listens to all sides.  His campaign said he would be an independent voice and I believe he has shown he will stand by his convictions and not be influenced by X-councilmen trying to pay him off.  Why should anyone else be put in that council seat when they didn't bother to run in the election.  Even the two people that signed up to run for this seat, before it was disqualified, stepped aside when told they could file for the at large seat or the mayors seat.  Yes there are other people in our town but did any of them make the effort.  Mr. DeFeo is the only person in our town that deserves to be appointed to this seat.  Maybe he is just what our town needs!!  Thornton, White & Evans need to listen to ther constituents and stop their childish behavior.  Isn't there something in the charter that states a majority of voters may remove members from council? Perhaps that should be the petition circulated.

Welder
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 Posted: Sat May 30th, 2009 07:54 pm
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Amazing to me that a town with probly between 1,000 and 2,000 adults who are eligible, only one single man's name comes up in the discussion of appointing a council man.  Is there nobody else in town worthy of consideration?  There are lots of people.  Don'y know as I blame them for not wanting to be on the council with the others though.  Makes one wonder why this DeFao man is still interested?  He cant change the others.

IMHO Only
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 Posted: Sat May 30th, 2009 06:23 pm
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Two and a half cents wrote: What was obvious for the last 2 years was that the mayor was being "run over" by council. She was described on this very blog as being "weak"  and  allowing the other members of council to "keep her in her place".  Seems like this time around she is sticking to her guns and not bending over backwards to please the members of council who blatantly have agendas dictated to them by outside sources.

Last night's council meeting was reprehensible.  With everything ending up 3 to 3.  She could not even get through her committee appointments, so all committees were not appointed and some were taken out altogether.  Should she have rolled over and given in? Remember she did that 2 years ago and was chastised on this very blog for being weak and giving in to pressure from council.

Last night's meeting did get people into town hall. Some came to speak for Mr. DeFeo who was nominated by Riddagh last night for the open seat. Some brought signed petitions from citizens asking for him to be appointed ti the seat.  For the second time he was stuck in a 3 to 3 vote stalemate. Why are the 3 so dead set on him not getting in?   Again no one offered up any other nominees. 

DeFeo ran a good  campaign, he did get 275 votes.  Mr. Riddagh got 404.  Let's take into consideration that Mr. Riddagh is a life time resident of Smyrna, his father was at one time mayor of Smyrna and also involved in state government. This is not to take away from Riddagh..he is a very good and fair man.

I wrote in a post the other day how DeFeo had come to my door one day and went door to door talking to my neighbors and taking notes and names because we were having problems in our neighborhood. I was impressed when he followed through even when he didn't win the election.  I go to most every meeting, I was on one of the committees so I  do talk to people and I do hear things.

Let me tell you what I have heard and my take on what is going on here. It is true that 2 former council members and one current council member have been meeting to discuss who should fill the empty seat.  DeFeo was approached twice by a former council member once to run for mayor (all expenses paid)  he declined. He again was offered monetary help when he decided to  run for council, he again declined.  He also was offered help from one of the mayoral candidates.

Half way through the campaign word came from some members of council, town hall and some citizens that which ever candidate (Riddagh or DeFeo) did not win would be nominated to fill the empty seat.  This was talked about at one of the committees I was on.  Last night people who went up to speak for DeFeo asked council to give a reason why they did not want  him in. Not one could or would give a reason.  This makes no sense and I will bet that even the folks who are voting against actually like.  Can this be a  vendetta against the mayor because she originally put him up for the seat?

It's time again to call your representatives, White/Mullen, Thornton/Mullen, and Evans/??, who meet on Monday night, June 1, to again discuss a replacement for Mr. Pressley, a Vice Mayor, and the 3 Committees which were denied approval at the last Council Meeting.  We need to hold our Council representatives to their pledge that they will work for the good of the Town and leave their personal biases at home.  To replace Mr. Pressley,  Mr. DeFeo is the  right person at the right time for Smyrna.  I believe he has no personal agenda other than working for the people.  Sign your name to the petitions that are circulating.

Ourtown
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 Posted: Fri May 29th, 2009 02:53 am
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Someone wrote: Nice pictures in the Sun-Times with our new council members, have a wife, a son and now am i suppose to read something into the other photo. 

By the way, this just caught me off guard, not making anything of it.  But

Surprised it wasn't the other X-councilman.  What was she thinking, or should we say NOT THINKING!, the man that received the least amount of votes and basically committed political suicide, boy is that making a statement.  Sorry, Ms. White but you just committed political suicide.

Someone
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 Posted: Thu May 28th, 2009 12:03 am
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Nice pictures in the Sun-Times with our new council members, have a wife, a son and now am i suppose to read something into the other photo. 

By the way, this just caught me off guard, not making anything of it.  But

Last edited on Thu May 28th, 2009 12:15 am by Someone

Someone
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 Posted: Wed May 20th, 2009 03:13 pm
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As I said folks who read the posts not just post.  Just think how many folks read my over 2000 posts.

I forgot.  Now if you added up some of the other folks many names and their posts they would equal about the same as me.  Really not sure you haven't been on here under another name.   But that would be just a wild guess.

Last edited on Wed May 20th, 2009 03:39 pm by Someone

BillieHoliday
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 Posted: Wed May 20th, 2009 02:50 pm
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Someone wrote: You know what the town should do to cut taxes.  Be able to charge for everyone who looks at all these posts on this forum.  We supply great entertainment for a lot of folks who don't even live in this town.  The town might even be able to give free electric.
Well, it's going to cost you a lot of money because you have over 2000 posts:)

Someone
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 Posted: Wed May 20th, 2009 02:43 pm
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You know what the town should do to cut taxes.  Be able to charge for everyone who looks at all these posts on this forum.  We supply great entertainment for a lot of folks who don't even live in this town.  The town might even be able to give free electric.

fuzzy
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 Posted: Wed May 20th, 2009 02:21 pm
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BillieHoliday wrote: Hot Flash wrote: Two Cents wrote: hot flash - which one of the former mayor's buddies didn't make it?  You remain fixated on mayor Schaeffer, don't you (and your other avatar, fuzzy)?   Paranoid, first, second, and third opinions all confirm the diagnosis!!   I think that Another OPnion should send their bill to you - what is your mailing address?  Probably the state psychiatric hospital?
You just gave yourself away because you always come back in attack mode!  I only have one avatar so it looks like you are the one Paranoid.  I don't have to tell you who you all were campaigning for because the X-Mayor was making phone calls for him.  :P


I do not think Hot Flash and fuzzy are the same person. Personally I thought fuzzy sounded like he was male and I assumed Hot Flash was female.

Why are people still talking about Schaeffer, because they don't want History repeating itself.  Do not need another person like him as mayor.  Not a good thing to go back to.

Mayor and council: use some common sense. Mullens and Pressley ran for the mayor and left their seats opened. Put the man in office that actually ran to be a councilman. DeFeo is that person.

Thank you Billie.........Ruby (aka TAATS, ANOTHER OPINION, 2CENTS) your fangs are showing.

Two and a half cents
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 Posted: Wed May 20th, 2009 01:55 pm
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Two Cents wrote: Some number of people seem to be hung up on the notion that because Mr. DeFeo is a nice guy, ran a clean election campaign, and lost -- that his desire to be on the council has to be accommodated.  He does not deserve any more consideration than any other citizen.  Appointing anybody who just lost an election bid is inappropriate.  Now, I am going out to pick some tomatoes.


Two Cents no reply is necessary to this post.
 I think this subject has been beat to death. 
The voter turnout for this election was 721 citizens, of the 721 only 680 voters voted for council members. 
Of the 680 who got out and voted 405 voted Riddagh and 275 voted DeFeo.
This breaks down to DeFeo getting 40.4%  of the vote.
If 275 of the voters thought enough of him to get out and vote for him why would you not consider that as a pretty good number (considering the turnout)  and worthy of consideration.
We need to get business started at town hall, no other nominees have been presented.
The seat is only for one year.  And the question is why not stop all this bickering and get down to the business of  filling the seat and stop wasting time. Unless this man has some dark hidden secrets I see no reason  not to put him in the seat. The only other alternative is to have a special election to find someone else and do we really want council sitting around waiting for that? I suppose they can always just leave the seat open for a year which  would  not benefit anyone.

Note: Just moved this from the ValerieWhite blog. 

BillieHoliday
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 Posted: Wed May 20th, 2009 01:37 pm
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Hot Flash wrote: Two Cents wrote: hot flash - which one of the former mayor's buddies didn't make it?  You remain fixated on mayor Schaeffer, don't you (and your other avatar, fuzzy)?   Paranoid, first, second, and third opinions all confirm the diagnosis!!   I think that Another OPnion should send their bill to you - what is your mailing address?  Probably the state psychiatric hospital?
You just gave yourself away because you always come back in attack mode!  I only have one avatar so it looks like you are the one Paranoid.  I don't have to tell you who you all were campaigning for because the X-Mayor was making phone calls for him.  :P


I do not think Hot Flash and fuzzy are the same person. Personally I thought fuzzy sounded like he was male and I assumed Hot Flash was female.

Why are people still talking about Schaeffer, because they don't want History repeating itself.  Do not need another person like him as mayor.  Not a good thing to go back to.

Mayor and council: use some common sense. Mullens and Pressley ran for the mayor and left their seats opened. Put the man in office that actually ran to be a councilman. DeFeo is that person.

Hot Flash
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 Posted: Wed May 20th, 2009 04:49 am
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Two Cents wrote: hot flash - which one of the former mayor's buddies didn't make it?  You remain fixated on mayor Schaeffer, don't you (and your other avatar, fuzzy)?   Paranoid, first, second, and third opinions all confirm the diagnosis!!   I think that Another OPnion should send their bill to you - what is your mailing address?  Probably the state psychiatric hospital?
You just gave yourself away because you always come back in attack mode!  I only have one avatar so it looks like you are the one Paranoid.  I don't have to tell you who you all were campaigning for because the X-Mayor was making phone calls for him.  :P


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