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MINUTES FROM THE NOVEMBER 22, 2004 MEETING OF BOROUGH COUNCIL The twenty-second 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, Tina Yoder, Tammy Wilkinson, Charles Figard, Jeanette Heckman, Martha Bertolet Members Absent –Dale Schlenker Also Present – Lynda G. Albright, Borough Manager, Kim Y. Berger, Recording Secretary, Solicitor Speicher Visitors- Nikki Murry (Hamburg Item), Scott Kreider, Dean Kauffman, Norma Berger, Neven Dries, James Gilmartin, Sylvia Summons, Lowell Thomas, Mike Trask (Reading Eagle), Tracy Arce, Lori Guldin, Chief Michael Painter A motion was made by Jeanette Heckman and seconded by Tina Yoder to approve the amended agenda by adding a motion regarding the right of way agreement with Nevin Bailey. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None COURTESY TO AUDIENCE Lowell Thomas, Emergency Management Coordinator was present and read a letter he received from the Berks County Emergency Management Agency in reference to Kim Y. Berger, Deputy Emergency Management Coordinator. The letter stated that Kim has completed all qualifications for the basic certification of Berks County Emergency Management and is a very active participant in the County’s emergency services. Mr. Thomas also stated that the generator should still be looked at for the municipal center. A motion was made by Martha Bertolet and seconded by Tina Yoder to approve the minutes of the November 8, 2004 meeting. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None A motion was made by Jeanette Heckman and seconded by Charles Figard to approve the following reports: Engineer’s Report, Safety Committee Report, Personnel Committee Report and the Finance Committee Report ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None HAMBURG MUNICIPAL AUTHORITY ENGINEER'S REPORT November 17, 2004 SANITARY SEWER SYSTEM
Flows at the plant are normal for this time of year. Treatment is within normal parameters. Systems Design Engineering, Inc. continues to work on a preliminary design for the expansion of the wastewater plant. Planning modules are progressing for an expansion of the WWTP to 1.5 MGD. A verbal report will be presented to the Board. CORRECTIVE ACTION PLAN Systems Design Engineering, Inc. is continuing dialog with DEP on the Connection Management Plan. The semi-annual report was submitted by Systems Design Engineering, Inc. in August. Bids will be received at the November meeting for televising and repairs of a portion of the collection system. MID-ATLANTIC CANNERS Systems Design Engineering, Inc. continues to talk with MACA on future needs
WATER SYSTEM WATER PRODUCTION The impoundment dam remains full. Water production was mainly from the surface water/filter system. Systems Design Engineering, Inc. continues to work with Plant Personnel on new and proposed regulations that may effect the System in future. WATER PROJECTS Systems Design Engineering, Inc. is progressing with a bid document to construct new meters correcting the flow and numerical issues previously discussed. The new meters allow for a more data collection. To allow for a more reliable system, Systems Design Engineering, Inc. is procuring more information on a complete SCADA system to tie in the existing data collectors for the filters, meters and the proposed meters. Bids will be received at the December meeting. Construction of the 3 well houses has started. To date, the foundations, floors, walls and roofs are in place. A grant for $10,000 for construction of the well houses, submitted to Senator Rhoads’ office by Systems Design Engineering, Inc. was secured and approved. Documentation to proceed with the grant is being processed. Application for payments will be presented for payment. Documents for the grant will also be forwarded for payment. Movement of the raw water supply line has caused some concern recently. Systems Design Engineering, Inc. is evaluating this line and PRV vault to determine if anything should be done. The annual dam inspections are proceeding for submittal by year’s end. Safety Committee 16 Nov. 04
These items were discussed:
Personnel Committee 11/11/04 3:30 PM Persons present: J. Heckman, C. Figard, D,.Schlenker, M. Bertolet, and L. Albright. Items discussed: Salary as related to budgetary considerations for 2005 Police Chief’s contract Reappointments for boards Wages/ benefits/ requests for non-uniformed employees Meeting adjourned about 4:45PM. Respectfully submitted, Jeanette Heckman Finance Committee November 8, 2004 Attending: Jeanette Heckman, Chuck Figard, Tammy Wilkinson, Lynda G. Albright, Martha Bertolet, Dale Schlenker Attended 11-08-04 only. On November 8th, we discussed the Preliminary budget for 2005 and Lynda told us there was some more work on her part and that we should meet again on November 18, 2004. Finance Committee agreed to propose to council that we repair a 200 by 22 foot area of road on North Turner Street. We have a quote of $7,300.00 from Schuylkill Paving Inc. and it can be done in November. We discussed cash flow and that EIT payment of $80,000.00 is expected before year-end. November 18, 2004 - 6:00PM to 8:30 PM - We examined the budget very closely and questioned where we might be able to cut costs. While Lynda was able to balance the budget without a tax increase, there was very little for budgetary reserve. Discussion was held regarding implementing a half-mil increase, however, the committee was not in favor of this if at all possible. We did not like the idea of a possible increase in taxes this year. Martha E. Bertolet OLD BUSINESS On the recommendation of the Safety Committee, a motion was made by Martha Bertolet and seconded by Tina Yoder to approve a six-month extension for the handicapped sign located at 257 South 4th Street. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None
On the recommendation of the Safety Committee, a motion was made by Tammy Wilkinson and seconded by Charles Figard approving the placement of a handicapped sign at 560 South 5th Street. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None On the recommendation of the Borough Manager, a motion was made by Charles Figard and seconded by Jeanette Heckman to approve reimbursement in the amount of $12,459.51 from the line of credit. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None On the recommendation of the Solicitor, a motion was made by Charles Figard and seconded by Jeanette Heckman adopting Ordinance #724-04 – to renew the line of credit for one additional year. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None On the recommendation of the Finance Committee, a motion was made by Charles Figard and seconded by Jeanette Heckman to tentatively approve the 2005 general budget in the amount of $2,482,600 as presented by the Borough Manager. (Councilman Figard stated that this is the tentative budget. Manager Albright stated that we have 30 days to amend the budget. Final budget must be adopted by 12/31/04.) ROLL CALL: AYES – J. Heckman, C. Figard NAYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder (Discussion: Solicitor Speicher stated that a budget must be passed by 12/31/04. There will have to be special meetings to get it advertised for 30 days and adopt by 12/31/04. There will be a special finance committee held on Wednesday, November 24, 2004 at 3 p.m. and a special Council meeting on Monday, November 29, 2004 at 4:30 p.m.) On the recommendation of the Finance Committee, a motion was made by Jeanette Heckman and seconded by Charles Figard to authorize the Borough Manager to prepare and advertise an ordinance setting the millage rate for 2005. (No change from last year – still would be 4.0) ROLL CALL: AYES –None NAYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard Mayor to authorize a 90-day trial period limiting parking on the south side of the State Street bridge at Weis Market entrance from 8 a.m. to 10 a.m. Monday through Friday during the school year. On the recommendation of the Property Committee and Solicitor, a motion was made by Jeanette Heckman and Tina Yoder to execute the agreement of sale/exchange with Dave Stewart, to authorize the Council President to execute the deed of conveyance of the borough land to Dave Stewart and that the Borough accept the deed from Dave Stewart as conveyed to the borough. Also that the Council President execute the deed to the Stewarts and the Borough accept the deed from the Stewarts and that the borough obtain title insurance on the land from the Stewarts. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None On the recommendation of the Borough Manager, a motion was made by Jeanette Heckman and seconded by Tina Yoder approving the grant agreement with the Pennsylvania Historical and Museum Commission and authorize its execution; this grant is a Keystone Historic Preservation Grant in the amount of $34,800 for the Hamburg Library. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None On the recommendation of the Borough Manager, a motion was made by Charles Figard and seconded by Tina Yoder approving and executing an agreement between the Borough of Hamburg (police department) and the Berks County Automated Fingerprint Identification System Lab which will allow the Borough to participate with other municipal police departments in the county in the sharing of this information. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None On the recommendation of the Borough Manager, a motion was made by Tammy Wilkinson and seconded by Tina Yoder approving and executing an agreement (memo of understanding) between the Borough of Hamburg and the Berks County Chiefs of Police in order to share data as known in the County as County of Berks Regional Access (COBRA). ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None Solicitor Speicher gave the following details regarding issuance of a right-of-way for Nevin Bailey. Nevin Bailey would like to have a right of way agreement with the Borough property and the Authority would like to have a restriction of use of a portion of land near Well 5. This would not permit any construction of any kind, a road only. The Bailey’s are willing to restrict their land so the Authority would have wellhead protection but would like to have this right of way, as it is presently. The Authority is requesting that the borough issue this right of way. There is no impact for the borough if this is agreed. A motion was made by Jeanette Heckman and seconded by Tina Yoder to authorize the borough to issue a right of way to Nevin Bailey. ROLL CALL: AYES – A. Dries, T. Wilkinson, M. Bertolet, T. Yoder, J. Heckman, C. Figard NAYES – None A motion was made by Martha Bertolet and seconded by Charles Figard to approve payment of invoices totaling $46,602.88. ROLL CALL: AYES – A. Dries, M. Bertolet, T. Yoder, T. Wilkinson, J. Heckman, C. Figard NAYES – None T. Wilkinson abstained from the invoice for Met-Ed do to her father working for the company. LIST OF BILLS AT & T 24.54 LYNDA G. ALBRIGHT 300.00 BURKHARDT MECHANICAL 949.00 CNA SURETY 443.75 DIETRICH’S MEN WEAR 71.70 HAMBURG MUNICIPAL AUTHORITY 2,417.45 HESS EMBROIDERY & UNIFORMS 24.50 KUZAN’S 396.52 LANTEK 207.71 M & T BANK 8,786.35 JP MASCARO 6,580.88 MET-ED 2,501.67 MUNIS 231.45 NEXTEL COMMUNICATIONS 692.01 PPL GAS UTILITIES 1,304.96 POSTMASTER 150.00 QUILL 124.76 RARITAN VALLEY DISPOSAL 13,305.21 ES SAVAGE 32.00 SOFTWARE SYSTEMS INC. 5,185.00 SYNERGETICS ARCHITECHTS 2,611.34 SYSTEMS DESIGN 262.08 TOTAL $46,602.88 SOLICITOR’S REPORT Solicitor Speicher stated last year a lawsuit was filed by J & T Auto regarding storage charges for vehicles that supposedly the police department had requested. The solicitor had filed objections to the lawsuit and this case was turned over to the Borough’s insurance carrier. Solicitor Speicher stated that J & T Auto failed to comply and failed to show at hearings. The objections were granted and there was a period of time where the plaintiff had to respond. The plaintiff (J & T Auto), did not respond and therefore the case was dismissed effective today, November 22, 2004. Solicitor Speicher stated that this filing cost the Borough of Hamburg a lot of money, time and energy. Councilwoman Bertolet questioned how much this cost the borough. Solicitor Speicher stated that it was not an insignificant amount. Councilwoman Bertolet also stated that the insurance companies do not look favorably on the Borough in cases like this and this could cost the borough more funds or there is a possibility that the company would drop us. Councilman Figard stated that there is a law against frivolous lawsuits.
Solicitor Speicher stated that if Council wants to pursue that avenue, we
certainly could.
DECEMBER 7, 2004 – 4 P.M. – PERSONNEL COMMITTEE
DECEMBER 13, 2004 – 7:30 P.M. – COUNCIL MEETING Scott Kreider stated that as far as the line of credit is concerned, when he was on council the line of credit was for capital expenses not every day expenses. Mr. Kreider stated that he feels it is being used for things that are not necessary. Scott Kreider stated that Council should consider having the employees pay for their healthcare. There being no further business, the meeting adjourned at 8:07 p.m. on
motion of Tina Yoder and seconded by Tammy Wilkinson.
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