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MINUTES FROM THE MAY 24, 2004 MEETING OF BOROUGH COUNCIL The tenth regular meeting of the Hamburg Borough Council for 2004 was held this evening at the Hamburg Municipal Center with President Adam Dries presiding. The meeting was opened with Pledge of Allegiance to the Flag and a Prayer. Members Present – Adam Dries, Tammy Wilkinson, Charles Figard, Jeanette Heckman, Martha Bertolet, Dale Schlenker Members Absent – Tina Yoder Also Present – Lynda G. Albright, Borough Manager, Kim Y. Berger, Recording Secretary, Solicitor Speicher, Mayor Del Rosario Visitors- Nikki Murry (Hamburg Item), Heather Breininger, Brad Breininger, Norma Berger, Pat Delong, Kerry Delong, Rick Boyd, Moises Arce, John Timtishin, Scott Kreider, Merav Bushlin (Reading Eagle), Chief Michael Painter, Officer Chris Hartz and Lori Guldin (arrived during Executive Session). A motion was made by Charles Figard and seconded by Martha Bertolet to approve the amended agenda, including a motion under New Business to advertise the proposed zoning ordinance and hold a hearing for consideration. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None COURTESY TO AUDIENCE Moises Arce stated that he has read the Hamburg Item and the accusations and the "picking on" of the police department has got to stop, the harassment of Chief Painter has got to end. Mr. Arce stated that there is one individual in town that likes to make accusations and it needs to be stopped. What Mr. Boyd is stating in the paper is slander. Mr. Arce stated that since Mr. Boyd was appointed to the Civil Service, Mr. Arce would like a motion that he be removed from the Civil Service Commission due to his actions. Solicitor Speicher stated that Mr. Boyd may have the right of free speech and it does not reflect what he does with Civil Service. Councilwoman Wilkinson stated that the issue is slander. He was making claims about officers pertaining to Civil Service, saying they did not pass civil service when indeed one of them had. Ms. Wilkinson stated that this is a misuse of his position. Solicitor Speicher stated that he would have to check to be sure of the circumstances. A motion was made by Tammy Wilkinson to have the allegations investigated as well as misuse of his powers of Civil Service in slandering a newly hired police officer. There was no second, the motion died. Kerry Delong stated that Mr. Boyd has the right to say whatever he wants. If a person is speaking in official capacity, he has the right to do so. It is not right to have another individual ask for his removal just because they don’t like an individual. Councilwoman Wilkinson stated that it is not a matter of someone not liking someone else, it is the matter that Mr. Boyd, the chairman of Civil Service is making public statements that are false. Councilwoman Wilkinson stated that the statements Mr. Boyd made in the letter to the editor were not factual. Mr. Delong questioned if anyone challenged Mr. Boyd on this. Ms. Wilkinson stated that she has challenged this in her own letter to the editor. Ms. Wilkinson stated that Mr. Boyd made statements such as that the hiring was done without discussing it with personnel and that it was not on the agenda, which are both untrue. He also claimed that neither individual passed civil service testing which is also not true. Mr. Delong stated that maybe the council should take issue with Mr. Boyd’s statement. Ms. Wilkinson stated that her motion was to have this investigated, not to have him removed at this time. Pat Delong stated that this council meeting is not where this should be discussed and Mr. Boyd has the right to have his attorney present. President Dries stated that this is a public matter due to the fact that Mr. Boyd brought it before this council and also publicly stated things in the newspaper. Mr. Boyd stated that he feels that this council has a responsibility to put the best person in a position. Mr. Boyd stated that the part-time police officer positions were not advertised as well as other positions in the police department. They were not interviewed properly. Mr. Boyd stated that one individual failed the last round of civil service examinations by failing to meet MOPEC requirements and the other individual failed the written examination of civil service. Mr. Boyd stated that when he wrote the letter to the editor it was not as President of Civil Service but as a Hamburg resident.Moises Arce questioned how much was spent on Rodger Gehring’s case. Mr. Arce brought this up publicly because the borough is now being sued in court. President Dries stated that it has come to approximately $110,000 for police legal fees for 2003 and 2004 so far. Moises Arce stated that there is a federal lawsuit against, the Borough, Richard Boyd, Thomas Zelinsky, Solicitor Speicher and Manager Lynda Albright. Moises Arce stated that the Borough belongs to the citizens of the borough and the public has a right to know what is going on. Mr. Arce questioned who will be representing the borough in the lawsuit? Solicitor Speicher stated that it would be discussed in executive session, however, it would probably be an attorney from the insurance company. Pat Delong questioned where EPA was this evening, it was stated in the paper that the lead issue would be discussed this evening. Solicitor Speicher stated that he will be discussing that when his report came up and that there wasn’t going to be anyone here from the office of EPA. Scott Kreider questioned if the borough was continuing with the study of the police department through DCED. Manager Albright stated that DCED has the documents they requested and are currently be reviewed by them. Mr. Kreider also questioned if Met-Ed is still fixing lights around the borough. It was stated that they are continuing to proceed with the lights that are not working. Mr. Kreider also stated that there was an article in the Reading Eagle about a traffic study that was going to be done, who is on the steering committee? Manager Albright stated that she is still waiting to hear sometime in June or July. Mr. Kreider stated that he rides the Barta bus and would like to know when it will be traveling through downtown Hamburg. It was stated that July 1, 2004 it will start. Councilman Schlenker stated that on June 11, 2004 at 8:30 a.m. there will be a meeting at the Leesport Bank discussing what the Reading Co. & Technology Historical Society will be doing to the building on 3rd Street. Heather Breininger wanted to remind Council of their rules and regulations regarding courtesy to the audience. Brad Breininger was present to discuss 33 Church Street and the fact that the tree that is growing in the front yard is not a domesticated tree as was previously told to him and he has print outs to prove it. These were given to Manager Albright to discuss with the Code Enforcement officer. A motion was made by Charles Figard and seconded by Tammy Wilkinson to approve the minutes of the May 10, 2004 meeting. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None A motion was made by Martha Bertolet and seconded by Dale Schlenker to approve the following reports: Engineer’s Report, Finance Committee report and Safety Committee Report. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None ENGINEER'S REPORT SANITARY SEWER SYSTEM
WATER SYSTEM WATER PRODUCTION The impoundment dam remains full with recent rains greatly improving inflow. Most production this reporting period has been from the surface water filtration plant. Systems Design Engineering, Inc., Plant Personnel and Clark Electric have been working on the pH meter issues and control issues. Significant progress has been achieved with the controls at the water plant. A verbal report will be presented.. Systems Design Engineering, Inc. continues to work with Plant Personnel on new and proposed regulations that may effect the System in the future. WATER PROJECTS Design of the modifications for the water line to the booster pump/chlorine pump is progressing. Bids will be received at the June meeting for the Well house #2, #3 and #4. Applications for grants for the houses were submitted to Senator Rhoads offices for his use. VULNERABILITY ASSESSMENT Systems Design Engineering, Inc. is working on the Vulnerability Assessment for the water system and will report recommendations for review. FINANCE COMMITTEE Attending: Jeanette Heckman, Lynda Albright, Chuck Figard, Tammy Wilkenson, and Martha Bertolet We discussed Per Capita Tax Exonerations for 2002 in the amount of $845.00 and 2003 in the amount of $1020.00. This will be presented to council for vote at the next meeting. We also review the First Quarter Revenues/Expenditures. Martha E. Bertolet Chairwoman of Finance Safety Committee May 18, 2004 The committee met at 3:30 on the above-mentioned date, with the following present: Lynda Albright, Dale Schlenker and Chuck Figard. Mayor Del Rosario, Chief Painter and Tammy Wilkinson arrived after the meeting began. Visitors were Deena Kershner, Buck Holtzman, Rick Pickel, Moises Arce, Lori Guldin and Rick Boyd. The following items were discussed:
Many suggestions were presented but none were completely satisfactory. A test area will be decided upon once costs and legality of any action is determined.
Action will be taken to require the subject scooters to follow the same safety and use requirements that exist for bicycles. Sidewalk use will not be permitted.
A six-month handicap space will be permitted at that address, with appropriate signage.
Areas to be reserved may be chalked out at the discretion of the business or homeowner, however; actual chair, bench etc. placement will not be permitted until 5:00 p.m. on the Friday immediately preceding the Saturday parade.
following discussion of several concerns. Chief Painter will follow up on this matter and advise the committee.
The present plan is to turn in the vests incrementally in the future to prevent an unusually large expenditure at one time. Chief Painter has obtained a grant, which will cover 50% of the vests costs.
Drivers stopping as required at the above intersection, when attempting to enter S. 4th St. from its west side, cannot observe approaching southbound traffic on S. 4th resulting in several fender-benders. On a test basis parking will be restricted on the west side of S. 4th St. for an additional 30 feet extending north from the present yellow curb markings. There is ample alternate parking on the north side of Maple St. opposite B.R.Grumpy’s. A similar test will occur at N. 4th and Franklin, during the same period, on the west side of N. 4th.
The matter was briefly discussed, but no action taken until legal problems are discussed with the solicitor.
Details concerning traffic control will be discussed with Chief Painter after organizers determine location(s) of the day’s main efforts. The meeting adjourned at 5:45 Chuck Figard OLD BUSINESS On the recommendation of the Property Committee, a motion was made by Dale Schlenker and seconded by Charles Figard approving Ordinance # 720 - 04 dealing with curb and sidewalk construction. ROLL CALL: AYES – T. Wilkinson, M. Bertolet, C. Figard, D. Schlenker NAYES – A. Dries, J. Heckman On the recommendation of the Safety Committee, a motion was made by Charles Figard and seconded by Tammy Wilkinson to adopt Ordinance # 721 -04 dealing with the placement of 15 minute loading zone at 230 South 4th Street. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None
On the recommendation of the Finance Committee, a motion was made by Jeanette Heckman and seconded by Martha Bertolet to exonerate the following 2002 per capita taxes – Deceased - $70.00; Disability - $5.00; Duplicate - $35.00; Military - $20.00; Paid Elsewhere - $10.00; Under 18 - $10.00; and Moved - $695.00 – TOTAL BEING $845 (Discussion: Councilwoman Wilkinson asked why it took two years to bring this before council. Manager Albright stated that there were issues that had to be discussed with the Finance Committee and that it is normally done once a year.) ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None On the recommendation of the Finance Committee, a motion was made by Charles Figard and seconded by Tammy Wilkinson to exonerate the following 2003 per capita taxes – Deceased - $55.00; Disability - $5.00; Duplicate - $15.00; Military - $45.00; Paid Elsewhere - $10.00; Error - $5.00; Nursing Home - $5.00 and Moved - $880.00 – TOTAL BEING $1,020 ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None On the recommendation of the Safety Committee, a motion was made by Charles Figard and seconded by Dale Schlenker authorizing the Borough Manager to prepare and advertise an amendment to the bicycle and skateboard ordinance to include motorized scooters. (Question: Moises Arce questioned if the same safety rules apply as bicycles. Is there an age limit? There is a difference between electric and gas-powered scooters. It was stated that the same rules apply as bicycles.) ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None Mayor DelRosario declared a 90-day trial to extend the yellow line from the present yellow curb markings an additional 30 feet on the west side of South 4th Street, north of Maple and on the west side of North 4th Street, south of Franklin Street. On the recommendation of the Borough Manager, a motion was made by Dale Schlenker and seconded by Charles Figard permitting St. John’s Church to have Church Street blocked off on Sunday, June 13, 2004 from 3:00 p.m. to 9:00 p.m. for their annual Strawberry Festival with the same conditions as in the past. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None On the recommendation of the Borough Manager, a motion was made by Jeanette Heckman and seconded by Charles Figard to hire Andrew Hasenauer as a lifeguard at the Hamburg Pool for the summer season. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None A motion was made by Jeanette Heckman and seconded by Charles Figard to advertise the proposed zoning ordinance and have a public hearing on June 14, 2004 at 7:30 p.m. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None A motion was made by Dale Schlenker and seconded by Charles Figard to approve payment of invoices totaling $$55,663.11 ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, J. Heckman, C. Figard, D. Schlenker NAYES – None LIST OF BILLS AT & T 24.60 AQUA SERVE 5512.50 BERGER AUTO DETAILING 255.00 BEST IMPRESSIONS 661.39 BLUE MT. COMPUTER 857.64 BURKHARDT MECHANICAL 3224.53 CCP INDUSTRIES 67.48 CINDY ROWE AUTO GLASS 215.00 COPY WORLD 482.00 D. S. DALIOUS FIRE EQUIPMENT 238.20 DELL MARKETING 864.65 EMC INSURANCE 4894.09 FOX VALLEY SYSTEMS 77.86 GALLS 161.96 HAMBURG MUNICIPAL AUTHORITY 699.37 KUZANS 124.72 M & T BANK 5943.27 J P MASCARO 6580.88 MAZAIKA CONCRETE 2668.77 ROBERT MENGLE 7.50 MET-ED 2062.40 MT. LAKE POOL & PATIO 1036.25 PA STATE ASSN. BOROS 10.00 PERSONALIZED COMPUTER HELP 94.00 RICHARD PICKEL 400.00 QUILL CORPORATION 169.85 RARITAN VALLEY DISPOSAL 13304.60 RELIABLE OFFICE SUPPLIES 20.98 SINGER EQUIPMENT CO. 203.42 SYNERGETICS 2327.47 SYSTEMS DESIGN ENGINEERING 656.33 TELCO 1323.35 TRIANGLE COMMUNICATIONS 170.55 ZEE MEDICAL EQUIPMENT 22.55 TOTAL FOR APPROVAL $55,663.11 SOLICITOR’S REPORT Solicitor Speicher stated that a meeting was held with EPA representatives to advise us of their findings of the areas that have been checked. Solicitor Speicher read the following letter from EPA addressed to Lynda Albright: Thank you and the other representatives of the Borough for meeting with EPA on April 28, 2004 to discuss future actions to protect residents from inadvertent exposure to lead-contaminated waste in the Borough. As discussed during our meeting, EPA will pursue a method for the owners of property were lead contaminated waste is present at depth to place a notice on the property deed that will alert future purchases of the presence of lead-contaminated waste there. EPA appreciates the Borough’s commitment to inform the residents of Hamburg of the potential presence of lead-contaminated materials on their properties to describe precautions to be taken if lead-contaminated materials or suspected lead-contaminated materials are encountered. As discussed during our meeting, EPA will assist you in disseminating this information. We look forward to working with you to ensure the good health of the Borough’s residents. Should you have any questions, please feel free to contact me at 215-814-3279. Signed by Glen Lapsley, OSC Solicitor Speicher stated that in certain areas of town, EPA will require property owners to place a notice on their deed stated that there was lead contamination found. EPA will not be probing any other areas at this time. Solicitor Speicher stated that EPA is not stopping because they found it all, they are just stopping due to the lack of funding. EPA is requesting that an ordinance be adopted requiring any construction in the future must have soil testing done and that EPA would help the borough to have the testing done, in fact maybe have one of our employees trained to do this. EPA is requesting that the borough have an educational form of action, not punitive. At this time the borough is not obligated to do anything. A question was asked if the park has been re-checked. At this point it has not been to our knowledge. Discussion ensued regarding particulars about EPA and the work that they are doing. Many questions were raised in regards to the matter, however, without EPA officials being present the questions could not be answered. Further questions should be directed to: Megan Doughtery at 215-814-5534, or 800-553-2509 and the website is www.epa.gov or go to the trailer near the Borough Garage.Scott Kreider urged the press to get further details before printing things in the newspapers so that we do not cause a panic within the borough. There are too many questions without any answers this evening. An executive session was called at 8:45 p.m. to discuss personnel and litigation issues. Meeting reconvened at 9:35 p.m. UPCOMING MEETINGS/INFORMATION
There being no further business, the meeting adjourned at 9:40 p.m. on motion of Charles Figard and seconded by Tammy Wilkinson. ATTEST: K im Y. BergerRecording Secretary/Office Manager |
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