MINUTES 4/23/03

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MINUTES FROM THE APRIL 23, 2003 COUNCIL MEETING

The seventh regular meeting of the Hamburg Borough Council for 2003 was held this evening at the Hamburg Municipal Center with President Rick Boyd presiding. The meeting was opened with Pledge of Allegiance to the Flag and a Prayer.

Members Present –Rick Boyd, Leon Balthaser, Dale Schlenker, Charles Figard, Jeanette Heckman, Martha Bertolet

Members Absent – Roy Heffner

Also Present – Lynda G. Albright, Borough Manager, Kim Y. Berger, Recording Secretary, Mayor Del Rosario

Visitors- Merav Bushlin (Reading Eagle), Chief Zelinsky, John Sterner, Peggy Sterner, Stanley Henne, Anna Derck, Scot Boyd, Nikki Murry (Item), Rory Schuler (Pottsville Republican), Fred Schlimme, Derek Warnick, Chris Rabold, Aaron Wetzel, Cherie Richard, Tracy Arce, Moses Arce, Shannon Haddix, Donald Smith, Dolores Painter, Michael Painter, Dennis Schwoyer, Z. Mason, Jane Francis, Lauren Buselli, Monica Ulrich, Linda Wood, Lacee Shuttleworth, John Timtishin, Margie Bender, Rita Reed, Tom Seaman, Lisa Gehring, Rodger Gehring, Mark Groff

A motion was made by Dale Schlenker and seconded by Jeanette Heckman to approve the amended agenda, adding under new business a request to increase parking fines across the board to $15.

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

NAYES – None

COURTESY TO AUDIENCE

Mark Groff, a former officer with Hamburg, spoke on behalf of Chief Zelinsky. He was here eight years ago and was happy to serve the Borough of Hamburg. Mr. Groff stated that Zelinsky was a mentor for him. Mr. Groff stated that Zelinsky is a good friend of his and the citizens of Hamburg should be considered fortunate to have a Chief like Zelinsky.

Moses Arce, local business owner and resident of Hamburg presented a petition with about 200 signatures for the resignation of Chief Thomas Zelinsky and Richard Boyd. Mr. Arce stated that he was the spokesman for the people on the petition. He stated that the two named are not serving the borough in its best interest. Out of the petition, there are two questions that the people and taxpayers of this community want answers to:

1) "Why was Chief Zelinsky in Reading on 4/16/03, in the afternoon at a hearing for Chris Wade when according to his time sheet he was in the borough doing whatever police due. He was not subpoenaed so I’m guessing it had nothing to do with business of the borough. This is a waste of Borough taxpayer’s money. If he had personnel business to attend to he should not have put on his time sheet that he was in the borough until 5:30 p.m. when he wasn’t."

2) "Can you please explain why after so many people applied for the position of secretary for the Chief, that his sisterinlaw was hired, even thow there were others that were more qualified, such as a sectary that had 17 yrs experience as a sectary. I do know that there was a police officers ex-wife (Doug Williams) that had applied and was qualified for the position but was told that the Borough did not hire people if there was a family member already working for the borough."

The People of Hamburg would like to know. Mr. Arce presented the petitions and copies will be made for him. The questions will be turned over to the Personnel Committee for review.

Councilman Balthaser questioned how many signatures are on the petitions. Mr. Arce stated that there were about 200 signatures. There were more petitions, however, mysteriously, some of the petitions have turned up missing.

Councilman Figard questioned if he was the same Moses Arce that was listed in the local paper that was cited for assault and damage to a motor vehicle. Mr. Arce stated that yes that was correct. Councilman Figard then questioned if there was anything else that Mr. Arce would like to tell the public about his background. Mr. Arce stated that he would be willing to tell anything they wanted to know. Councilman Figard questioned if he had a record with the police and Mr. Arce stated that he did. Mr. Arce was willing to tell the public about his background; however, Councilman Balthaser stated that this was not relative to the matter at hand. The audience stated that Mr. Arce was not on trial here.

Councilman Balthaser questioned what the petition reads. Mr. Arce stated that the petition not only deals with the two questions raised, but is in reference to how the Borough is being run by the Chief of Police and Council President. President Boyd read what the petition said: "We, the undersigned, being residents and/or registered voters of the Borough of Hamburg, by affixing our signature, hereby demand the resignations of President of Borough Council Richard Boyd and Chief of Police Thomas J. Zelinsky, Jr. They do not serve the best interest of the Borough or its citizens and should not be allowed to serve our great community."

And then read the questions that have been brought before the council for answers.

Peggy Sterner wanted to state for the record, in the last couple of months, she has felt very unsafe within the Borough.

Tom Seaman was present to state that he saw the petition, and opposes it. He has started another petition and will be presented at another time. Councilman Balthaser questioned what the petition says. Mr. Seaman stated that it said that the Chief of Police was hired and fired by Borough Council and not on a popularity contest.

Margie Bender questioned where the money was going to come from to fight the legal battle with firing the officer? The court costs, solicitors, etc.? President Boyd stated that it has already cost a great deal and will cost more. Ms. Bender stated that the officer was a good one and was doing his job. President Boyd stated that her opinion was a matter of perspective. Ms. Bender questioned whether or not he did anything wrong for this borough. President Boyd stated that he did. Ms. Bender questioned what it was and President Boyd stated that he could not comment. President Boyd stated that he could not discuss it but there was things that he did wrong while employed full-time, it was not only background.

Ms. Reichard question: We had an officer that was a cadet; we initiated this by paying him $8 per hour, what is his status right now? Is he on the force as a police officer? Have we wasted taxpayer’s money again? President Boyd stated that he was unable to complete his requirements for MOPEC to be a full-time police officer. Ms. Reichard questioned what he was lacking for his requirements. President Boyd stated that he did not have the documentation from MOPEC to perform as a full time police officer. Ms. Reichard questioned what category he did not fulfill. President Boyd stated that she should speak with the cadet. President Boyd stated that he could not discuss this further; it was a personnel issue.

Ms. Reichard then stated that we also used taxpayer’s money dealing with Chris Wade. Was that a personnel issue also? President Boyd stated that Chris Wade was laid off due to economics, he was not terminated. President Boyd stated again that this was a personnel issue.

A motion was made by Charles Figard and seconded by Martha Bertolet to approve the minutes of the April 14, 2003 meeting.

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

NAYES – None

A motion was made by Dale Schlenker and seconded by Charles Figard to approve the following reports: Engineer’s Report and Safety Committee Report.

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

NAYES – None

Safety Committee

The committee met at 7:00 p.m. Tuesday 15, April with the following present: Chief Zelinsky, Lynda Albright, Rick Boyd, Dale Schlenker, Leon Balthaser, Martha Bertolet and Chuck Figard.

The below listed items were discussed: St. John’s request to close part of Church Street for their annual Strawberry Festival on Sunday 8, June 4:00 – 8:00 p.m. Recommended approval.

A resident’s request for no parking signs in the 400 block of S. 4th Street was denied due to upcoming changes in the area, which will remove the parking problems on that block.

A resident’s request for disabled parking on S. 7th Street: Committee recommends that the resident first obtain a license plate or windshield placard indicating his condition and then re-apply.

A Windsor Street resident’s request for a section of curbing to be painted yellow. Visibility is a problem for the elderly resident when backing her vehicle onto Windsor. Recommended approval.

Two hour parking enforcement. Chief Zelinsky met with several Merchant’s Association members concerning two hour parking. The police will chalk tires twice a week, providing the personnel situation permits.

Parking fines: Committee recommends increasing parking fees to $15.00 to match parking citations issued for violations of snow emergency parking violations.

Two-way traffic on Schuylkill Avenue requested by a resident who uses a sales lot on the west end of the avenue. Schuylkill Avenue is presently one-way which causes a problem for his business and a potential safety problem due to poor visibility at the east end of Schuylkill Avenue. Committee members will investigate further before recommending changes.

Charles Figard

 

HAMBURG MUNICIPAL AUTHORITY

ENGINEER'S REPORT

April 16, 2003

 

SANITARY SEWER SYSTEM

· SEWAGE TREATMENT PLANT ISSUES

Flows at the plant are normal for this time of year with the rain/snow melt increasing flows to maximum levels. Treatment is within normal parameters, but plant personnel are using some polymers to assist in settling.

· MID-ATLANTIC CANNERS

 

Systems Design Engineering, Inc. continues to talk with MACA on future needs.

EDENBURG P.S. COLLECTION SYSTEM REPAIRS

8 manholes were repaired using the grout injection method. The several internal repairs were completed. Three manhole lining have been completed, with the fourth scheduled soon. Systems Design Engineering, Inc. inspectors report that visual flows indicate that sump pumps may be a problem as the flow start and stop dutring the inspection. The Authority should discuss performing inspections of the area homes to eliminate this proiblem.

SPECIFICATIONS-(no change)

The solicitor and Systems Design Engineering, Inc. are meeting to bring the draft specifications to completion.

 

TILDEN TOWNSHIP ACT 537

Systems Design Engineering, Inc. continues to evaluate the wastewater plant’s loading with this year’s Chapter 94 Report. Available capacity will be reported in the near future.

PROJECTS

Systems Design Engineering, Inc. is preparing bid specifications for sludge disposal.

Chapter 94 Report/Pretreatment Annual Report – Completed and transmitted

NPDES Permit Renewal

WATER SYSTEM

WATER PRODUCTION

The impoundment dam remains full. The past rainfall/snow has significantly increased flow into the dam. All of the production has been from the surface water filtration system.

WATER PROJECTS

Systems Design Engineering, Inc. is working with plant personnel on the addition of a combined turbidimeter and SCADA system to record turbidity and direction of flow, i.e., waste or to system.

Controls at Well 5 continue to require some attention. Systems Design Engineering, Inc. is working with Kohl Brothers on improving the level control of the high service pump.

NPDES PERMIT RENEWAL

The Authority has received the draft permit for the water plant. This permit includes the overflow from the clear well which is now considered Outfall 002.

HAMBURG CENTER

The Authority has been supplying water to the Center since the middle of August. There are no engineering problems to report.

Systems Design Engineering, Inc. has not heard any details following last month’s meeting between the Authority and Hamburg Center.

VULNERABILITY ASSESSMENT

Systems Design Engineering, Inc. is working on the Vulnerability Assessment for the water system and will report recommendations for review.

END OF YEAR REPORT

Systems Design Engineering, Inc. has prepared the End of Year Report for review and approval. The financial aspects of the water system are projected to be much improved with the water sales to Hamburg Center.

OLD BUSINESS

On the recommendation of the Borough Manager, a motion was made by Leon Balthaser and seconded by Martha Bertolet authorizing the Council President and Borough Manager to execute the contract documents for the Main Street Grant.

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

NAYES – None

On the recommendation of the Safety Committee, a motion was made by Dale Schlenker and seconded by Jeanette Heckman giving permission to St. John’s Church to hold their annual Strawberry Festival on Sunday, June 8, 2003 from 4 to 8 p.m. and to close off part of Church Street.

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

NAYES – None

NEW BUSINESS

On the recommendation of the Borough Manager, a motion was made by Jeanette Heckman and seconded by Charles Figard approving the HIPAA Policy, retroaction to April 14, 2003, as required by law.

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

NAYES – None

On the recommendation of the Borough Manager, a motion was made by Leon Balthaser and seconded by Jeanette Heckman to accept, with regret, the resignation of Richard (Jake) Jacoby as a member of the Hamburg Municipal Authority effective immediately.

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

NAYES – None

On the recommendation of the Safety Committee, a motion was made by Dale Schlenker and seconded by Charles Figard giving permission for a handicapped parking space for property at 616 Windsor Street, with actual placement on South 7th Street.

(Councilman Balthaser questioned why a handicap parking space is allowed if they have a driveway. )

ROLL CALL: AYES – R. Boyd, C. Figard, D. Schlenker, M. Bertolet

NAYES – L. Balthaser, J. Heckman

On the recommendation of the Safety Committee, a motion was made by Charles Figard and seconded by Dale Schlenker to authorize the Borough Manager to advertise an ordinance increasing all parking fines to $15.00.

ROLL CALL: AYES – R. Boyd, C. Figard, D. Schlenker, M. Bertolet, J. Heckman

NAYES – L. Balthaser

A motion was made by Jeanette Heckman and seconded by Dale Schlenker to approve payment of invoices totaling $64,047.86

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

NAYES – None

 

LIST OF BILLS

AT & T 20.78

BCMHIPG 32,706.11

FORT DEARBORN LIFE INSURANCE 165.98

FRY COMMUNICATIONS 616.07

ICI DULUX PAINT 26.20

MARJORIE LALLY 204.00

M & T BANK 430.16

JP MASCARO 6,404.75

MET-ED 1,551.78

MONICK VIDEO & COURT REPORTERS 120.00

PA UNEMPLOYMENT COMPENSATION 1,803.36

QUILL 145.25

RARITAN VALLEY DISPOSAL 13,302.00

REED SMITH 4,969.82

SOFTWARE SYSTEMS 100.00

ROGER STETZLER 4.50

WEIS MARKETS 8.54

FRANCIS WERLEY 376.61

YODER’S HEATING 1,091.95

TOTAL $64,047.86

 

UPCOMING MEETINGS/INFORMATION

April 28, 2003 – 7 p.m. – Rec Board Meeting (rescheduled from May 5)

May 6, 2003 – 7 p.m. – Property Committee

May 6, 2003 – 6 p.m. – Personnel Committee

May 12, 2003 – 6:30 p.m. – Finance Committee

May 12, 2003 – 7:30 p.m. – Council Meeting

 

There being no further business, the meeting adjourned at 7:55 p.m. on motion of Jeanette Heckman and seconded by Charles Figard.

 

ATTEST:

Kim Y. Berger

Recording Secretary/Office Manager