MINUTES FROM THE OCTOBER 14, 2002 COUNCIL MEETING

The nineteenth regular meeting of the Hamburg Borough Council for 2002 of the Hamburg Borough Council was held this evening at the Hamburg Municipal Center with President Richard W. Boyd presiding. The meeting was opened with Pledge of Allegiance to the Flag and a Prayer.

Members Present – Richard W. Boyd, Roy Heffner, Leon Balthaser, Charles Figard, Dale Schlenker, Jeanette Heckman, Diana Edwards

Members Absent – None

Also Present – Kim Y. Berger, Recording Secretary, Lynda Albright, Borough Manager, Mayor Roy Delrosario

Visitors – Kimm Montone (Pottsville Republican), Merav Bushlin (Reading Eagle), Nikki Murray (Hamburg Item), Chief Zelinsky

A motion was made by Jeanette Heckman and seconded by Roy Heffner to approve the amended agenda.

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

NONE

A motion was made by Charles Figard and seconded by Dale Schlenker to approve the minutes of the September 25, 2002.

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

A motion was made by Roy Heffner and seconded by Diana Edwards to approve the following reports: Borough Manager's Report, Public Works Supt. Report, Water/Sewer Supt. Report, Office Manager's Report, Treasurer's Report, Recreation Directors Report and Property Committee Report.

(Question: Councilman Figard asked how much the sweeper for the pool would cost. Manager Albright stated that it would be put in the budget for next year and it was between $2,000 and $2,500)

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

The Borough Manager’s activities for the month of September 2002 included the following:

On September 11, Kim Berger, Office Manager and I attended the ceremonies at the Hamburg Fire Company commemorating the first anniversary of the terrible tragedy caused by terrorist attacks on 9/11/01.

On that same day, Keith Brobst, W/S Supt. and I attended a meeting with Gannet Fleming regarding the I-78 project for an update regarding utility relocation at various locations of the proposed project. This project is scheduled to commence late 2003, early 2004 and last over a 2-year period.

On September 16, Keith Brobst, W/S Supt., Greg Unger, SDE Engineer and I attended a meeting with representatives of MACA to discuss MACA’S future with regards to sewer use and associated fees. We are currently working on negotiations for a new agreement. This will hopefully be finalized by the end of the year.

Met with a representative from the Pennsylvania State Association of Boroughs to discuss various programs available to the Borough through the state. We will be meeting again in the next month to review pension plans and what they have to offer to the Borough.

On September 26, attended a meeting with BENECON, our service representative handling our medical insurance. We reviewed the past years performance of the individual municipal plans and I am happy to report that we will be receiving a refund of approximately $2,000. They are still working on putting together the final figures regarding the increased costs for medical insurance next year. We will be meeting again the latter part of October and I will receive the results at that time. They have advised that we can anticipate no more than a 15% increase in costs. A lot of detail will be provided to the municipalities at that time.

On September 27, John Leonforte and I met with representative of the Main Street Committee on site at 4^th and Pine municipal parking lot to review placement of a Christmas tree and a clock.

Met with representatives from EPA to review and discuss the work, which has been done, work currently being done and future work to be done regarding the removal of battery casings within the Borough of Hamburg limits and surrounding area.

Also, spent a great deal of time working with John Leonforte regarding the Property Maintenance Code and various problem and complaints as a result of its implementation. We are working to resolve these issues.

Also, spent additional time working on the 2003 proposed budget.

Handled utility billing issues as well as various complaints regarding weeds, trash, zoning issues.

In addition to the two regular council meetings, attended Authority, Personnel, Finance, and Property committee meetings.

If anyone has any questions regarding my report, please feel free to ask.

Attached with my report are the activities of my staff for the month of September 2002.

Lynda G. Albright, Borough Manager.

PUBLIC WORKS SUPERINTENDENTS REPORT FOR SEPTEMBER

During the month of September, the Borough Crew completed the following:

Installed a new curb stop at Church and State Streets.

GENERAL WORK

Cold patching continues around the borough.

Mowed grass and sprayed weeds.

Sign repairs continue to be an ongoing project.

Install an electric line at the 4^th and Pine Municipal parking lot.

Hot patched around the borough and sealed cracks.

Spent a lot of time repairing equipment.

Put top soil along the shoulder of Correll Alley and Fern Alley after the paving was completed.

Winterized the pool area.

Painted the bathroom and food stand floor.

Painted the railings at the stage.

Repaired a 1" water line at the park behind the stage.

Richard L. Pickel

Public Works Superintendent

Wastewater

Repair and overlay of the paving at the wastewater plant has been completed as well as paving in some new areas.

The dechlorination equipment has been installed and is running in automatic. This is strictly flow paced and does not respond to increase in chlorine levels when flows are reduced. We will be installing a valve to reduce the chlorine dose when flows go down to eliminate this problem. In the meantime we have had some trouble meeting permit parameters, particularly on weekends, due to reduced load and flow.

I attended a meeting with Mid Atlantic Canners in regard to their reduced load and financial contributions. These are issues that will be discussed further with the Authority.

Water

All water was from wells in September. Approximately 2.25 inches of rain fell on the 25^th, 26th,and 27^th. The dam level rose about a foot, however without more rain to support that I expect the level will drop again. The wells are holding up well with minimum drop off in running levels.

Submitted

Keith l. Brobst

Water& Wastewater Superintendent

During the month of September, I attended two Council meetings and one staff meetings.

Various complaint letters and phone calls were made to property owners, such as weed notices, junk cars and etc.

The web page and municipal access channel continue to be updated.

Was on vacation September 13 to September 20.

Time was spent before and after vacation working on assuring that everything was prepared.

                    Ordered recycling containers.

Respectfully submitted,

Kim Y. Berger

Office Manager

We are preparing for the Labor Day Weekend and also getting ready to close the pool for the season. Due to the inclement weather our Labor Day was poor; however, it gave us the opportunity to get the food stand cleaned and the pool ready to be covered for the winter season.

I had made some recommendations to Borough for some maintenance such as painting the food stand and the girls and boys bathrooms. With Borough’s help, the maintenance crew has handled and completed both projects.

I am pleased with the yearly operating report. Both expense wise and revenue brought in. I had set a goal in the beginning of the year to cut expenses and at the same time increase revenue and feel we have accomplished this.

I have asked for an increase in budget to purchase a used refrigerator and also an automatic cleaner for the pool of which I feel will be very helpful and will pay for itself over time. It will eliminate hourly wage expense in cleaning the pool.

Sincerely

June Hilbert
Recreation Director

PROPERTY COMMITTEE MEETING

OCTOBER 1, 2002 AT 7 P.M.

PRESENT: ROY HEFFNER (CHAIRMAN), CHUCK FIGARD, RICK BOYD, JOHN LEONFORTE, KIM BERGER, LYNDA ALBRIGHT (7:45 P.M.), KAY GREENAWALT, LARRY ERNST, FRED SHEELER, DIANE LEIBENSPERGER, DOMER LEIBENSPERGER, DAVID LONGACRE

1) The Property Maintenance Code was discussed at great length.

Kay Greenawalt stated that the code was illegal. She checked with an attorney and a building inspector. They said the code is illegal.

Larry Ernst stated that we are here for a common goal to better the town and address the concerns that everyone has. Let’s have an open dialog. It is important that the commercial individuals understand what the code hopes to accomplish.

Roy Heffner stated that there was nothing in our ordinances, prior to this ordinance, that gave us any legal ground to pursue individuals whose properties were unkempt.

The fee schedule was developed from a model that Schuylkill Haven is using. Also, John Leonforte stated that in speaking with the building inspector of Pottsville, they have has just adopted this same code.

The Building Code deals with new construction. The Property Maintenance Code deals with existing structures, sanitation and infestation.

The Borough is not interested in fining people, we want to educate them and as a last resort, use fines.

Again the question was raised, why not have the entire borough fund it rather than a select few. Council feels the way we have done it is the fairest way to handle fees because of the amount of time that John spends on commercial and rental properties.

It was stated that the business community is unfairly being assessed for a program that is going to benefit the entire community.

Larry Ernst, why do we have to pay the fee for brand new apartments when they were just inspected?

The individuals present were asked to give a proposal to help fund the program, give different scenarios.

The point was made that every building should have an occupancy permit.

Kay questioned if the borough paid John Leonforte hourly how could the salary be justified.

John responded that the majority of his time is spent on commercial and rental properties.

Absentee landlords are a concern. If something happens, who can be contacted if they live out of state.

As far as the sidewalks are concerned, the borough is working on setting up a program where a portion of the borough is targeted, listing those who need repair, contact the property owner and then work with them that way.

Mr. Leibensperger stated that there is no slum area in the Borough of Hamburg and that people take pride in their buildings. We are not opposed to the code, but are opposed to the fees.

Mr. Boyd stated that 3 to 4 years ago the Building Inspector/Zoning Officer was paid based on the permit fees charged. There was no accountability as to how much time was spent on any one project.

Mr. Boyd stated that the Borough looked at this and decided that it was a clearer trail if the individual was paid hourly so that there would be a trail of the amount of time that was spent on an area. We want better control on the inspector. We have kept records of this and at that time it was not anticipated as a full-time job. We are a little reluctant to change it at this time. In the near future, the state will be mandating changes and that the state will be mandating certified inspectors. When that happens the borough will be faced with increased costs. John is going to classes for improved certifications.

John is here to do the rental, commercial and 1 and 2 family dwellings. Our borough engineer has done the school and the medical center.

Again we used the $20 because it was working in Schuylkill County. This will have to be refined after we have some background. We had to start somewhere. We will make changes as required.

Fred Sheeler stated that if education is the goal, then a letter should go out to the entire borough letting them know about the code.

Another complaint about the net 30 and President Boyd stated that the deadline has been extended another 30 days.

Manager Albright stated that if there is a problem, call, we are willing to work with anyone.

Letters will go out to everyone – submit the ideas to Mr. Leonforte. It will be a positive type of a letter.

Lynda will attempt to include upcoming ordinances on the web and the municipal access channel.

Kay Greenawalt would like to make a recommendation that homes need to have 100 amp electrical service.

Safety issues are not grand fathered, zoning can be grand fathered.

The code comes down to digression. If it can be fixed, it should be fixed, if it can’t be fixed, it should be compensated for.

The money that is collected is not strictly for John’s salary it is being used to fund the building department.

Question was raised as to what percentage of the borough will have been inspected a year from now. John responded by saying he hopes a large percentage.

Larry Ernst stated that there has been some great dialog and wanted to know where we go from here.

To re-cap the issues:

1. Letter to all residents – positive description of the program – all suggestions are welcomed.

2.  100 amp. Vs. 60 amp.

3. Another date to have open discussion – this would be the next property committee meeting

4. Email the borough - this would be given to John

Exemptions have not been discussed at this time, but that is an idea for the future.

2) David Longacre wanted to thank the Council for using the building for the luncheon.

As far as the municipal parking lot and the concerns for the Christmas tree, we are willing to work with Mr. Leonforte and willing to comply with all rules. A plan will be submitted shortly.

3) John Leonforte stated that an appeals board needs to be established. Discussion was held as far as using the Planning Commission members for that. We need 3 members and have to be qualified.

4) The Hold Harmless agreement with the School in reference to the fence has been prepared and John Speicher has reviewed it. Solicitor said that there is no problem with it and action needs to be taken. Copies will be submitted with the packet so everyone can review it ahead of time.

5) Property on the north side of State Street, which was Degler’s used car lot. There have been issues with this property. With all the research that was done, it has been determined that half of that property belongs to the borough. Apparently there was a 100 year lease between Degler and Borough. Lynda is in the process of researching paperwork for more information to determine if this included the north side of State Street or just the south side.

6) As far as the property on 2^nd Street, Solicitor Speicher is researching the information and then it can be surveyed.

7) Lynda reported that she has received word that the CDBG funding will cover a portion of the parking lot in 2003. However, a percentage needs to be calculated as to how much of the parking lot is utilized by the seniors.

8) Lynda will see that everyone gets a copy of the proposed adult bookstore ordinance. After review it can be discussed at the next meeting.

9) Dave Longacre stated that the Main Street Committee is looking for suggestions for projects for next year.

10) Discussion was held regarding having the planning commission members more committed to attending the workshop meetings for the zoning ordinance. Lynda or Roy will compose a letter and have it go out to the Planning Commission members.

11) Heritage Day was very successful.

The next property committee meeting will be held the first Wednesday, November 6, 2002. This will be re-advertised.

Submitted by:

Roy Heffner

OLD BUSINESS

NONE

NEW BUSINESS

Mayor DelRosario announced the Trick or Treat nights. They will be October 30 and October 31 from 6 p.m. to 9 p.m. and there will be Jaycees at the major intersections crossing the children.

Mayor presented the proclamation regarding King Frost Parking. The same procedure as last year will be followed.

On the recommendation of the Borough Manager, a motion was made by Charles Figard and seconded by Jeanette Heckman giving permission to the Christmas Parade Committee to hold the annual Christmas Parade and Tree Lighting Ceremony on Saturday, November 30, 200, as requested by their letter.

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

On the recommendation of the Property Committee, a motion was made by Roy Heffner and seconded by Charles Figard to take action approving the HOLD HARMLESS Agreement between the Borough and the School District regarding removal of the fence along Windsor Street around the detention pond.

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

On the recommendation of the Chief of Police, a motion was made by Jeanette Heckman and seconded by Charles Figard to hire Kathy Sensenig and Linda Seyfert as Crossing Guards at a rate of $11.00 per full day and $5.50 for half day.

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

A motion was made by Roy Heffner and seconded by Dale Schlenker to approve payment of invoices totaling $216,621.83.

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

AT & T 124.69

AQUA SERVE 284.00

BARKO CLEANING 648.00

BARLEY SNYDER 1,026.00

COUNTY OF BERKS 1,566.35

BERKS PRODUCTS 253.68

BERKS-MONT NEWSPAPERS 214.27

BOCA INTERNATIONAL 399.00

BURKHARDT MECHANICAL 100.50

CURRENT USA 3.99

PA DEPT. OF LABOR & INDUSTRY 50.00

EJB PAVING & MATERIALS 297.36

EARTHLINK 47.90

GBF INFO SYSTEMS 188.12

RODGER GEHRING 5.00

GOULD PUBLICATIONS 24.95

HENNS GARAGE 230.92

INTERSTATE SUPPLY 43.51

MIKE KERSHNER 529.40

KISTLER O’BRIEN 665.00

KUZAN’S TRUE VALUE 7.01

LEISAWITZ, HELLER, ABRAMOWITCH 551.25

MET-ED 5,573.89

MOUNTAIN VIEW SUPPLY 135.66

MEIT 123.00

NATIONAL TACTICAL OFFICERS 40.00

NEXTEL 624.72

PA MUNICIPAL TESTING 350.00

PPL UTILITIES 445.00

PENN PRIDE 685.35

RANDALL RENTSCHLER 420.00

STAPLES 96.90

THYSSENKRUPP ELEVATOR 143.77

TRIANGLE COMMUNICATIONS 170.50

VERIZON 413.29

WESTERN AUTO 94.82

WINDSOR PRESS 19.95

YOAS SERVICES 50.00

TOTAL $16,647.75

READING SITE CONTRACTORS (MOTOR LICENSE FUND) 63,782.38

BILLS TO BE PAID $80,430.13

BILLS PAID DURING THE MONTH 136,191.70

TOTAL FOR APPROVAL $216,621.83

        October 15, 2002 – 7 p.m. – Safety Committee

October 16, 2002 – 6:30 p.m. – Water Sewer Committee

October 16, 2002 – 7 p.m. – Authority Meeting

October 21, 2002 – 7 – p.m. – Planning Commission

October 22, 2002 – 6 p.m. – Library meeting (in the Library building)

        October 23, 2002 – 7:30 p.m. – Council Meeting

        October 30, 2002 – 7 p.m. – Public meeting for the Berks Regional Planning Commission

There being no further business, the meeting adjourned at 7:40 p.m. on motion of Leon Balthaser and seconded by Charles Figard.