By Mari A. Schaefer
The Philadelphia Enquirer
COLWYN, Pa. — The Colwyn Fire Company No. 1 has sued the Borough of Colwyn in the latest twist in a dispute that has divided the fire department and split the community.
At issue is Mayor John Fitzgerald’s attempt to veto a decision by Borough Council in May revoking the 103-year-old fire company’s standing.
Borough officials say the mayor did not follow the proper procedure for filing a veto. The fire company claims in its suit that the mayor acted properly.
“I was not notified” about the veto, Tonette Pray, Borough Council president, said yesterday. "[Mayor Fitzgerald] never spoke to me directly.”
Fitzgerald, who is also vice president of the fire company, did not return calls for comment. The fire company’s attorney, Mark Much, did not return calls.
In early May, state police raided the fire house and seized two illegal video slot machines, $2,100 in cash, and bottles of alcohol purchased out of state.
At the same time, 17 active volunteer firefighters resigned, unhappy about non-firefighting members of company serving alcohol in the station.
On May 27, the council voted 4-3 to revoke the right of the fire company to operate in the borough and stopped payments to the independently held Firemen’s Relief Association Fund.
According to the lawsuit, Fitzgerald delivered a handwritten and notarized letter on June 2 to the borough manager, addressed to Pray, informing her of his veto.
In a June 24 letter to Fitzgerald, Borough Solicitor Ed Bradley notified the mayor that any veto must be returned to the council and entered into the minutes of the next meeting.
Pray said that while Fitzgerald did attend meetings after the veto, he did not address the issue.
Bradley did not return messages for comment.
“Basically, we are just going to court and see what happens,” said F. Earl Reed 3d, the fire company president. “We feel as though the mayor’s veto was not recognized.”
Reed said the Colywn Fire Company has 250 members, with about 15 who would fight fires. He said the organization voted over the summer to ban alcohol from the premises.
He said discussions with the borough were “frozen.”
The township has an agreement with nearby Darby Fire Company No. 1 for emergency services.
Pray said the borough was currently in discussions with a new firefighting group, the Colwyn Borough Volunteer Fire Company, and will vote to recognize it in October. That company is made up of some of the firefighters who resigned and new volunteers, according to Pray.
Copyright 2008, The Philadelphia Inquirer