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MINUTES FROM THE MAY 28, 2003 MEETING OF BOROUGH COUNCIL. The ninth 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, Roy Heffner, Leon Balthaser, Dale Schlenker, Charles Figard, Jeanette Heckman, Scott KreiderMembers Absent – None Also Present – Lynda G. Albright, Borough Manager, Kim Y. Berger, Recording Secretary, Mayor Del Rosario Visitors- Merav Bushlin (Reading Eagle), John Sterner, Peggy Sterner, Tim Neufeld, Brad Breininger, Lisa Gehring, Harvey Lengel, Cherie Reichard, Tammy Wilkinson, Johanna Bender, Margie Bender, Dorothy Konemann, Ralph Konemann, Martha Bertolet, Krista Zuber, Wendy Kauffman, Dean Kauffman, Clara Moyer, Pam Wilkerson, Alean Tray, Pat Delong, Kerry Delong, Charles Hafer, Heather Breininger, Norma Berger, Stephanie Smith, Sheila Smith, Michael Smith, Beryl Ayello, Michele Ayello, Sandra Christman, Carol Biehl, Richard Biehl, William Greenawald, Richard Kunkel, Norma Esterly, Ruthann Mikus, Bob Gust, Jeffrey Adam, Dennis Schwoyer, Moises Arce, Pauline Binner, Michele Del Rosario, Tracy Arce, Elvin Brobst, Harold Ely, Ann Heinly, Betty Sleboda, George Heckman, Nancy Heckman, Tracey Lau, Loralee Heckman, Adam Dries, Rodger Gehring, Lori Riegel, Breon Riegel, Bethany Riegel, Pam Emerich, Tiffany Boltz, Donna Smith, Nikki Murray (Item), Kimm Montone (Pottsville Republican), Channel 69 News A motion was made by Jeanette Heckman and seconded by Dale Schlenker to approve the amended agenda. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. KreiderNAYES – None COURTESY TO AUDIENCE Council President Boyd stated that there were 4 items brought before Council, they are:
Tammy Wilkinson was present to question when the findings were released to the public. Solicitor Speicher stated that it was two weeks ago. Ms. Wilkinson questioned who authorized this information. Solicitor Speicher stated that it was requested by the Reading Eagle and since the borough’s labor counsel stated it was public information, it was an obligation to turn them over to the newspaper, since they were no longer privileged information. Ms. Wilkinson questioned why they were turned over. Solicitor Speicher stated that since Mr. Gehring chose litigation by filing for unemployment and filing other grievances as well, it was only fair that the borough be allowed to present their side of the story as well. Tammy Wilkinson stated that she did some research at the courthouse and found 3 sources. Perdon’s PA Unemployment law source which indicates that records and reports by employers should not be open to the public. Ms. Wilkinson asked that he look at the information and address it. Solicitor Speicher stated that he was not going to review it tonight, but will review it at a later time and respond. Ms. Wilkinson also stated that she researched the Right to Know law. It is her understanding that unless the findings against Officer Gehring are found to be true they are strictly hearsay. Solicitor Speicher stated that the findings are allegations. Ms. Wilkinson stated that the Sunshine Act basically states that the meetings are to be held open to the public. Ms. Wilkinson stated that she called the Chief Counsel of Unemployment Compensation in Harrisburg. Information gathered from this department states that employment information is confidential. Solicitor Speicher stated that Mr. Gehring has taken a very public position on this which is being disputed by the borough. The question is does Mr. Gehring get to present his position and the borough keep quiet with their side of the story. Ms. Wilkinson questioned if the borough didn’t have to act within the law? President Boyd stated that the borough had to act within the law as interpreted by the court, not as written by the law. Ms. Wilkinson questioned if Officer Gehring was not innocent until proven guilty. Solicitor Speicher stated that the borough has indicated what the basis was to dismiss Officer Gehring. Solicitor Speicher stated that he will come back with legal information at the next meeting. Ms. Wilkinson stated that at the last council meeting she saw that members of council were surprised by hearing the fact that President Boyd was giving copies of the findings out to the public. Was this discussed with the other members of Council before he was allowed to hand out copies of these findings? Is the Council President allowed to act independently? This paperwork was addressed to all council members not just to President Boyd. Solicitor Speicher stated that he was unaware of these actions. Ms. Wilkinson stated that there were two copies of findings that have been distributed. Solicitor Speicher stated that the copy that President Boyd had was Chief Zelinsky’s rough draft. Manager Albright stated that when the investigation first started, Chief Zelinsky came to a committee meeting or an executive session with the preliminary draft of the findings. The report was incomplete. The report was finalized and everyone was given a copy. When Mr. Boyd asked for a copy, unfortunately he was given the draft copy, not the final copy. Ms. Wilkinson stated that it still doesn’t give President Boyd the authority to go around giving copies out. Who authorized him to go around and do that? President Boyd stated that any member of Council can use any public information as he sees fit. Moises Arce stated that the information that has been given out is not public information. It is up to the employer to hold this information confidential. Mr. Arce stated that he would like to call a point of order. President Boyd stated we are operating under state law not parliamentary procedure. President Boyd stated that the public has the privilege to bring items before council. Mr. Arce stated that while he as the floor, he is also allowed to call point of order. He also stated that until he is finished speaking, he was not to be interrupted. Otherwise, President Boyd could be removed. President Boyd stated that Mr. Arce had five minutes. Brent Adams stated that a motion and second was not made to put time constraints on the speakers. Councilman Kreider stated that it has been the policy to allow fifteen minutes per topic, five minutes per speaker. Mr. Arce stated that last meeting President Boyd argued with the Mayor that the Chief of Police was covered by the bill of rights. Mr. Arce presented the contract for Chief Zelinsky and there is no mention of him being covered by the bill of rights as the other officers are protected. President Boyd stated that he (Chief of Police) has the right to rebut charges against him. Mr. Arce stated that he did in a court of law. So where is he tonight? Mr. Arce stated that he has been visiting the borough hall, filled out a requisition for the very same papers that President Boyd was handing out. He was told that Solicitor Speicher had them. Mr. Arce stated that these papers should be in the borough office. Mr. Arce stated that Solicitor Speicher was doing a poor job for the borough. This is an issue. Mr. Arce stated that along with his name on the agenda there are others "Members of Citizens for a Better Hamburg and so he has more than 5 minutes to speak. Mr. Arce stated that Chief Zelinsky is known to be caught in little lies. On Monday 2/10/03, on his timesheet it stated that he was at council meeting, he was not. It was time to do something about this. Mr. Arce stated that he filled out a requisition for copies of Zelinsky’s timesheets, however, he was told that he doesn’t submit them anymore. According to his contract he is supposed to work a minimum of 40 hours per week, how are we supposed to know that he is fulfilling this obligation when he is not. Last year Chief Zelinsky put in 252 hours at home. Mr. Arce stated that the borough has to stop wasting money. Mr. Arce stated that President Boyd knows a lot about wasting money. Ms. Cherie Reichard questioned Councilman Heffner if the borough ever followed through with the $5,000 purchase of the land adjacent to Dolly Haupt. Councilman Heffner stated that it never materialized. Solicitor Speicher stated that he received information that the land will be going up for sale through an auction bid on June 24. Ms. Reichard questioned Dale Schlenker, head of Finance. Wyndcliffe Estates has to pay $500 per lot to the borough for recreational activities. This would be $14,500, have we gotten this money and if so what has it been used for. Manager Albright stated that we have received some of the money in 2002 and some in 2003 and that it is being used towards the pool repairs. Ms. Reichard questioned President Boyd regarding the executive session that was held at the personnel committee. After that meeting was over Sgt. Painter, his wife and President Boyd went back into the caucus room and you made a statement to them. Ms. Reichard wanted all of council to know what President Boyd said; this being that President Boyd stated that he has council in his back pocket and he (President Boyd) is the one and only person that brought Sgt. Painter back to work. President Boyd stated that the statement was not true. Dolores Painter stated that President Boyd did say that. Councilman Schlenker and Councilwoman Heckman met with Mayor Del Rosario to try and put an end to the bickering. There were no secret meetings as far as Councilman Schlenker is concerned. Ms. Reichard reiterated to President Boyd, did he say that he has Council members in his back pocket? President Boyd stated that no, he never said that. Mr. Kramer questioned why if the public is supposed to address the President, why the solicitor must answer for the President. Mr. Kramer questioned why the answer is always, "I don’t know". Mr. Kramer stated that Mr. Arce has brought some valid questions, and they are not being answered. Mr. Kramer questioned why Mr. Boyd’s business is not in Hamburg. Mr. Kramer stated that with some research, it can be proven that President Boyd was bankrupt, twice. Mr. Kramer wants to know if there is any truth to this? President Boyd stated that there is no truth to that statement. Why is President Boyd allowed to run the borough if this statement was true. Mr. Kramer stated that for an elected official, he didn’t like President Boyd’s attitude. Brent Adams, S. 3rd Street, resident for 8 years. He stated that he would like to be proactive. He doesn’t know all of the council members and would like to know them better. How many members of council know the residents of this borough? How many of the council members know about the issues that are creating problems for the people of this borough? The council members might want to think about getting an opinion of the residents who put them into office. Mr. Adams suggested that anyone who is sitting on council, has to make some effort to contact or solicit opinion before meetings. Mr. Adams stated that he was happy to see that some action will be taken regarding Chief Zelinsky this evening, however, while it is being investigated, it would be a wise decision to reinstate Officer Gehring, suspend him from duty, with pay, until the investigation is performed legally. Mr. Adams stated that President Boyd has given a number of years to the borough and should be applauded for that, however, the last 6 years President Boyd has not been performing duties that are for the good of the public and the leadership needs to be changed. Not enough positive and proactive things for the betterment of the borough. Mr. Adams stated to Solicitor Speicher we are looking a multi-million dollar lawsuit from Officer Gehring. Character defamation, etc. Mr. Adams stated that council should make a motion, second it and discuss the fact that the Borough should hold Solicitor Speicher’s firm responsible for any damages that come from the lawsuit pertaining to Officer Gehring. Lisa Gehring, stated that she has asked the following question for a month now; Has the Borough of Womelsdorf’s Mayor or Police Chief been contacted and questioned regarding her husband who works for the Borough? Mrs. Gehring asked for an answer from each Councilman. Mrs. Gehring stated that the information that President Boyd was handing out has not been proven, they are not fact. Bankruptcies? That can be proven, it is public record. Mrs. Gehring stated that District Justice Beck of South Heidelberg should be contacted regarding Chief Zelinsky and his actions. Mrs. Gehring stated that Chief Zelinsky hung up the phone on DJ Beck because he did not get the information he wanted to hear. Mrs. Gehring asked that every member of Borough Council contact the Chief of Womelsdorf and the Mayor of Womelsdorf. Rodger Gehring commented to Solicitor Speicher regarding his unemployment. Mr. Gehring stated that he had no choice but to file for unemployment. Mr. Gehring stated that he did not know what information Chief Zelinsky had on him. Mr. Gehring stated that he enjoyed working for the Borough. Mr. Gehring stated that the lauder mill hearing was a joke. He was not allowed to elaborate, strictly yes or no. Mr. Gehring stated that he didn’t want to sue the borough, sue President Boyd, he just wanted to do his job. The opinions of the chief were strictly opinions and not proven in court. Donna Smith, breakdown of the finances, where are they? Councilman Schlenker stated that he was going to breakdown the cost of the litigation. Solicitor Speicher is working on that. Ms. Smith questioned why the records of Officer Gehring were released the day before election day. Ms. Smith stated that the public is not stupid and they know why it was released on the day before election. Ruthann Mikus, not proud of how borough council acts. Ms. Mikus questioned if the council realize, that when Mr. Zelinsky was on probation as Chief, there was a petition going around to not hire him as the Chief of Police. Ms. Mikus wanted to know if the council knew what happened to those petitions? Officer Ayello (deceased) was under orders of Chief Zelinsky to destroy them, all of them. The people of Hamburg did not put up enough fuss to check into this. Ms. Mikus stated that the people of Hamburg didn’t want him then and they don’t want him now. A motion was made by Jeanette Heckman and seconded by Scott Kreider to approve the minutes of the May 12, 2003 meeting. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. KreiderNAYES – None A motion was made by Scott Kreider and seconded by Charles Figard to approve the following reports: Engineer’s Report, Personnel Committee Report and Safety Committee Report. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider NAYES – None HAMBURG MUNICIPAL AUTHORITY ENGINEER'S REPORT May 21, 2003 SANITARY SEWER SYSTEM
Systems Design Engineering, Inc. continues to talk with MACA on future needs. The Authority has received a letter from MACA pursuant to organic load. MACA is considering an additional capacity purchase of 200 pounds of BOD to take their long term capacity from 700 to 900 pounds. Systems Design Engineering, Inc. is using this request in the capacity review and we have stated the MACA that this capacity should be negotiated for purchase by year end. EDENBURG P.S. COLLECTION SYSTEM REPAIRS Systems Design Engineering, Inc. will assist the Authority in setting up an inspection program for evaluating inflow sources in the collection system. Repairs to the manholes and pipes are substantially complete. SPECIFICATIONS-(no change) The solicitor and Systems Design Engineering, Inc. are meeting to bring the draft specifications to completion. CAPACITY STUDY/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 at the Authority’s meeting. Systems Design Engineering, Inc., Charles Fitzpatrick, Lynda and Keith met with Ron Tirpak and representatives of Cabela’s to discuss their sewer capacity needs. The current need is 45,000 gpd with an additional requirement of about 35,000 gpd in the next 2-3 years. The current needs will be allocated from the Tilden Industrial Park capacity. Systems Design Engineering, Inc. wrote a letter indicating such after polling the Board. Tilden Township has indicated the need for an additional 190,000 gpd for their use in addition to the 155,000 gpd currently purchased. This is broken down as follows: 30,000 gpd Laurel Nursing Home (purchased) 40,000 gpd Mobile Home Park (to be purchased) 74,000 gpd West Hamburg (to be purchased) 7,000 gpd New Elementary School (to be purchased) 125,000 gpd Tilden Industrial (purchased) 65,000 gpd Cabela’s The above capacities may be varied with the total capacity and the 125,000 gpd Industrial Park flow. PROJECTS Systems Design Engineering, Inc. has prepared bid specifications for sludge disposal and bids will be received at the May meeting.
WATER SYSTEM WATER PRODUCTION The impoundment dam remains full, but flows into the dam prior to this week’s rain are nearly matching the withdrawal. All production this reporting is from the surface water filtration plant. 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 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. A sketch for the improvements to Manhole 1 (finished water line behind the plant) has been submitted to DEP for approval. HAMBURG CENTER The Authority has been supplying water to the Center since the middle of August. There are no adverse engineering problems to report. Keith reports they fixed a water leak that has significantly reduced the Center’s use. All contact this month has been between the Center and Solicitor. VULNERABILITY ASSESSMENT Systems Design Engineering, Inc. is working on the Vulnerability Assessment for the water system and will report recommendations for review.
SAFETY COMMITTEE REPORT – MAY 20, 2003 THOSE PRESENT: Scott Kreider, Dale Schlenker, Lynda G. Albright (Borough Manager), Rick Boyd, Jeanette Heckman, Chuck Figard, Leon Balthaser, Kim Y. Berger (Office Manager/Recording Secretary), Solicitor Shollenberger VISITORS: Ray Heckman, Tim Jones, Paula Jones, Garnetta Heckman, Ralph Konemann, Dorothy Konemann, Dean Kauffman, Dennis Schwoyer, William McEllroy, Sgt. Painter, Dolores Painter Moises Arce questioned the safety of State Street and Schuylkill Avenue. He had brought it to Safety Committee about 6 weeks ago and it was going to be investigated. Dale Schlenker and Chuck Figard stated that they both looked at the intersection and found only a speeding problem, not a safety problem. Mr. Arce requested that the council ride in a rig when trying to turn so that Council will see what the drivers’ are talking about. There is an issue with Schuylkill Avenue and it being a one way street compared to a two way street. Mr. Arce is requesting that only a portion of Schuylkill Avenue be a two way street. Mr. Arce would like to come across the bridge heading east and turn left onto Schuylkill Avenue. Mr. Arce will contact Dale Schlenker to meet and then show him what the problem is. In addition, Manager Albright will get the property between Diehl’s property and Bagenstose’s property surveyed for the next Safety Committee. Some of the property is owned by the borough and some is owned by NAPA. Donna Smith asked that the snow and ice on sidewalks be cleared as soon as possible along the way to school. Last year there were a lot that weren’t cleared and the children were having difficulty walking. Tim Jones was present to request more curb cut outs. Mr. Jones was asked to come up with a list of locations that were either in need of repair or no curb cut outs at all. This list should be given to the Road Committee. Officer Schwoyer stated that Chief Zelinsky assigned the crossing guards to him. Officer Schwoyer handed out copies of the policy for the crossing guards that was accepted. Officer Schwoyer stated that it has become more difficult to monitor since he became the SRO. Chairman Figard stated that the Mayor, Chief and Officer Schwoyer are to come up with a solution as soon as possible and so that Rita can be used anywhere. She doesn’t have to be in close proximity to the office. As far as the cell phone is concerned, the only way to get a hold of Officer Schwoyer is by using his personal Nextel. The order from Chief Zelinsky was that Officer Schwoyer give his Nextel number to the crossing guards so that they could get a hold of him. Mayor Del Rosario, Officer Schwoyer and Chief Zelinsky need to resolve this problem as well. Officer Schwoyer stated that due to his responsibilities at the school and the problem with him being unavailable, he should not be in charge of the crossing guards. Chairman Figard stated that this should be brought up. Garnetta Heckman stated that the crossing guards receive $11.50 a day broken down to $8.63 an hour for crossing the children of the borough safely. The crossing guards think they should receive 2 hours a day. Mayor Del Rosario wanted to know what the going rate is for the crossing guards around the County. Chairman Figard stated that the other municipalities should be checked to see what they are paying their crossing guards. Sgt. Painter suggested that they check into high school students wanting to be involved with crossing; something like school patrols. Officer Schwoyer will check into this with the school. Mayor Del Rosario questioned if we could put a temporary stop sign in place on a State road during the prime school crossing times. This would be a four way stop just during the crossing times. Sgt. Painter will check into this. Officer Schwoyer stated that the breakfast will be June 13, 2003 and will the borough pay for this? Manager Albright stated that this was a yearly thing and yes it would be paid for. Officer Schwoyer would like Borough Council to look into an ordinance regarding suspended students not being allowed on the street during the school hours during the suspension. This could be a tricky thing. The responsibility is with the parents. Solicitor Shollenberger stated that this would be a very difficult thing to enforce. Follow up regarding vehicles adhering to red lights during funeral processions. Chairman Figard read a state provision. The funeral processions are to be allowed through a red light provided the lead vehicle started through the intersection. Each vehicle in the procession should have headlights illuminated, flashers on and bears an insignia that it is in a funeral. No one should break into a funeral procession. Follow up regarding fines for parking tickets – in reviewing the ordinance, the fines are already listed as $15 so the ordinance does not have to be amended. Mayor stated that there is a government acquisition program whereby there is a vehicle can be given to the municipality for $1 a year for 3 years provided advertising is allowed on the vehicle. Each 3 years a new car could be obtained. Mayor submitted info for a DARE car. The Borough has been approved for one car so far. DARE car would be a good PR tool. Solicitor Shollenberger stated that there seems to be a problem with these agreements and it is not recommended. It may bind the borough to have this car forever. The Solicitor stated that he would review it for the Borough. A motion was made by Dale Schlenker and seconded by Leon Balthaser to close the meeting. Submitted by, Charles Figard Chairman
PERSONNEL COMMITTEE REPORT – MAY 20, 2003 THOSE PRESENT: Scott Kreider, Dale Schlenker, Lynda G. Albright (Borough Manager), Rick Boyd, Jeanette Heckman, Chuck Figard, Leon Balthaser, Kim Y. Berger (Office Manager/Recording Secretary), Solicitor Shollenberger VISITORS: Tim Neufeld, Bill Kramer, Tina Kramer, Lori Riegel, Breon Riegel, Bethany Riegel, Ralph Konemann, Dorothy Konemann, Harry Althouse, Tracy Herber, Loralee Heckman, Brad Breininger, Moises Arce, Adam Dries, Bob Gust, Dean Kauffman, John Sterner, Peggy Sterner, Wendy Kauffman, Heather Breininger, Norma Berger, Pauline Binner, Carl Binner, Michele Del Rosario, Betty Sleboda, Cherie Reichard, Anna Derck, Dolores Painter, Dennis Schwoyer, William McEllroy, Scot Boyd, Reuben Sweigert, Sheila Smith, Alean Tray, Sgt. Michael Painter, Tim Jones, Garnetta Heckman, Ray Heckman, Donna Smith, Tammy Wilkinson, Paula Jones Issued discussed include the following: Visitors shared their concerns regarding the leadership of Council. Solicitor Shollenberger stated that the petition addressed two distinct issues. Personnel has no authority to demand the resignation of Richard Boyd. The position of president of council can be changed at anytime by majority vote of its members. Personnel committee agreed to put the issue to a vote at the next council meeting. Visitors aired their concerns and complaints concerning Police Chief Zelinsky. After an executive session, it was agreed to investigate the complaints per previous established policy. Any complaints should be put in writing and given to the mayor. The police review board consisting of the mayor, solicitor, safety committee chairman, and council president is this committee. It is agreed that Chief Zelinsky be given the opportunity to refute the accusations. Recommend that Sgt. Painter return to duty subject to all medical information, made available today, May 20, 2003 and guidelines set therein. All issues brought forth by citizens are to be objectively evaluated. No formal action was taken at this committee meeting. Accusations came fast and furiously. All information expressed is greatly appreciated and to be taken into account as sincere concerns. Respectfully submitted, Jeanette E. Heckman Address the petition as presented at the May 12, 2003 meeting. Councilman Balthaser made a motion to untable the motion regarding the petitions. A motion was made by Leon Balthaser and seconded by Scott Kreider to receive and accept the petition and make it effective immediately. A motion was made by Leon Balthaser and seconded by Scott Kreider to rescind the motion. A motion was made by Leon Balthaser and seconded by Scott Kreider to bring to a vote the removal of President of Borough Council Richard Boyd. Statement by Councilman Heffner: This motion is like any other motion brought before council. It is addressed by seven independent members of council. Each councilperson has the opportunity to decide on the merit of the motion. Any actions are concluded by the majority of the council votes. This is the method by which we chose Mr. Boyd as Council President originally. And as President he becomes the spokesman for the Council to maintain order in any council deliberation. This is proper under the guidelines for running an orderly and effective meeting. This practice in no way affects the individual councilpersons voting capabilities. It is my belief that every member of this council acted together and have addressed the issues brought before us in the best interest of the Borough. I would like to see us all properly resolve this issue and move forward at this time. Statement of Councilman Balthaser: We are all tired of this thing go on. It is going to keep going on. We have to do the right thing for the love of Hamburg. This is what we represent. These people are not going to away. They will keep coming. Let’s get this thing resolved and move on. Let’s stop this bickering, think about this council members. Statement of Councilman Schlenker: I don’t know who would be the best Council President. I don’t want it. What we do next has to be in continuity. Let’s work on the betterment of the borough. I agree the people have the voice and need to be heard. I agree that we have to pick someone out, but I don’t know who should run it right now. I don’t know of anyone here who wants it except Leon and I don’t know that he is the right person for the job. No comments from the audience were allowed. ROLL CALL: AYES –L. Balthaser, S. Kreider NAYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker A motion was made by Leon Balthaser to ask Thomas Zelinsky to resign as Chief of Police. A motion was made by Leon Balthaser and seconded by Scott Kreider to terminate Thomas Zelinsky as Chief of Police and revert him back to patrolman and to purchase the contract till the end of the year. Discussion: Councilman Balthaser stated that the Chief’s contract should be bought out and then hire him as a patrolman. Councilwoman Heckman stated that we would then be buying out his contract and then paying him as a patrolman. The question was raised if there is a termination clause in his contract. No audience members were allowed to speak. President Boyd stated that the borough could buy out his contract and then decide if he should be hired as a patrolman at that time. Councilman Balthaser stated that he doesn’t see anything in his contract regarding buying him out. We have enough written complaints; I don’t see that we have to buy him out. Why can’t we just remove him? Mayor Del Rosario was asked how many complaints he has. Mayor Del Rosario stated that he has 7 so far. President Boyd stated that we need to give the Chief a time to rebut the complaints. Councilman Schlenker stated that it would be wise to check into the legal aspects before we have another lawsuit filed against the borough. ROLL CALL: AYES –L. Balthaser, S. Kreider, J. Heckman NAYES – R. Boyd, R. Heffner, C. Figard, D. Schlenker NEW BUSINESS On the recommendation of the Planning Commission, a motion was made by Dale Schlenker and seconded by Leon Balthaser approving the Smith Subdivision, contingent upon all items being taken care of on the plan and receiving approval from the Hamburg Municipal Authority; also to grant a waiver from Section 402.1of the Subdivision Ordinance regarding the scale of the drawing. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider NAYES – None On the recommendation of the Borough Manager, a motion was made by Jeanette Heckman and seconded by Dale Schlenker authorizing the Council President and Borough Manager to execute the contract documents with the County of Berks for the CDBG in the amount of $55,000 for paving of the Municipal Center parking lot. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider NAYES – None On the recommendation of the Hamburg Public Library, a motion was made by Charles Figard and seconded by Jeanette Heckman to hire Mary G. Laurie as a part-time employee, working approximately 15 hours per week at a rate of $6.00/hr. and to commence work on June 2, 2003. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider NAYES – None On the recommendation of the Finance Committee, a motion was made by Dale Schlenker and seconded by Scott Kreider approving a resolution permitting the Borough of Hamburg apply for a Keystone Opportunity Zone through the Department of Community and Economic Development. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider NAYES – None A motion was made by Roy Heffner and seconded by Scott Kreider to approve payment of invoices totaling $49,018.42ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider NAYES – None LIST OF BILLS AT & T 20.78 ALTHOUSE JANITORIAL SUPPLY 108.45 BCMHIPG 16,044.36 BURKHARDT MECHANICAL 862.50 COMMONWEALTH OF PA 60.00 DELL MARKETING 1,623.46 FORT DEARBORN LIFE INSURANCE 222.08 HAMBURG MUNICIPAL AUTHORITY 3,424.87 HESS, ANDREW 21.05 HUTCHINSON, GORMAN & FREEH 5,475.00 J. P. MASCARO 6,404.75 PURCHASE POWER 1,019.00 QUILL 168.90 RARITAN VALLEY DISPOSAL 13,302.00 SOFTWARE SYSTEMS 10.11 SYSTEMS DESIGN ENGINEERING 130.76 ZEE MEDICAL SERVICE COMPANY 120.35 TOTAL $49,018.42 SOLICITOR’S REPORT Executive Session was called at 8:45 p.m. to discuss potential litigation. Meeting reconvened at 9:25 p.m. A motion was made by Jeanette Heckman and seconded by Roy Heffner that Sgt. Painter immediately return to full time active duty with physical restrictions established by the mayor consistent with the cardiologist’s reports. The issues shall be referred to our labor counsel and Sgt. Painter’s counsel for a formal agreement on the outstanding issues. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider NAYES – None
UPCOMING MEETINGS/INFORMATION June 2, 2003 – 7 p.m. – Rec Board meeting June 3, 2003 – 6 p.m. – Personnel Committee June 3, 2003 - 7 p.m. – Property Committee June 9, 2003 – 6:30 p.m. – Finance Committee June 9, 2003 – 7:30 p.m. – Council Meeting June 12, 2003 – 7 p.m. – Community Day meeting There being no further business, the meeting adjourned at 9:29 p.m. on motion of Scott Kreider and seconded by Charles Figard. ATTEST: K im Y. BergerRecording Secretary/Office Manager |
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