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MINUTES FROM THE NOVEMBER 24, 2003 MEETING OF BOROUGH COUNCIL The twenty-second 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 Kreider Members Absent – None Also Present – Lynda G. Albright, Borough Manager, Kim Y. Berger, Recording Secretary, Solicitor Speicher Visitors- Nikki Murry (Item), Kimm Montone (Pottsville Republican), Michelle Arevalo (Reading Eagle), James Gilmartin, James Kissinger, Officer McEllroy(on duty), Tim Neufeld, Norma Berger, Heather Breininger, Garnetta Heckman, Moises Arce, Lori Guldin, Jeff Guldin, Tammy Behm, Frank Fahrings, Dolores Painter, Debbie Spence, Adam Dries, Tina Yoder, Tammy Wilkinson, John Sterner, Peggy Sterner, Chief Zelinsky 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. Kreider NAYES – None At this time Leon Balthaser stated that he wished to tender his resignation and request that one of the new council-elect members fulfill his term until the end of the year. Mr. Balthaser took a seat in the audience. COURTESY TO AUDIENCE Lori Guldin stated that she feels that council has lost control over their meetings. Ms. Guldin stated that she hoped the new council members would enforce some sort of policy to prevent this. Every citizen has a right speak, but it should not be done by attacking borough employees or council members. The residents should not keep stating the same things over and over again. Ms. Guldin stated that a lot of boroughs request that the citizen state their name and the reason or question that they have so that the council can be prepared to answer that question. This way time is not wasted. Ms. Guldin stated that she feels the sunshine law has been violated, but not by council. Council needs to get better control. President Boyd stated that her point was well taken. Ms. Guldin stated that she would like to know that the council is implementing some type of procedure to deal with salvor regulations in town. She stated that a salvor is very highly regulated and this would prevent the borough from getting into another bind like it is in now. Information was given to Manager Albright. President Boyd stated that the salvage ordinance is with the solicitor right now for review. President Boyd stated that it is the understanding of this council that no officer is allowed to recommend a towing company. Solicitor Speicher stated that unless you are a licensed salvor you are not permitted to do the police towing and salvage work for the borough. Solicitor Speicher stated that they have checked with the Department of Transportation and J & T Auto Rescue is not a licensed salvor. Moises Arce questioned where the violation of the sunshine act is. Mr. Arce stated that J & T does not have a salvor’s license but his corporation does. Solicitor Speicher stated that when he looked up J & T Auto or under his name or his wife’s name, it was not registered as a salvor. Mr. Arce presented a book that cost $596. He would like to have the policy on impounding and towing rescinded until everyone can sit down together and go over it. Mr. Arce stated that we work together, get the towing companies involved, sit down together and hash the thing out. Mr. Arce questioned who authorized another attorney to represent the borough and at what cost to defend the borough against J & T Auto. Solicitor Speicher stated that it was the insurance company’s attorney and it would be at no cost to the borough, it is paid for by the insurance company. Heather Breininger questioned under New Business the almost $200,000 to reimburse the general account out of the line of credit. She was under the impression that there would be no money spent until the new council took office. President Boyd stated that it was not determined to leave it all to the new council, but these were some issues that were authorized. Tim Neufeld questioned why when Officer Burkevage is on duty he always works alone. Normally during day shift Monday through Friday there are two officers on duty. Mr. Arce stated that he thinks that what the gentleman was trying to say was that they are used to having two officers on duty during day shift, whether it be an officer and the sergeant or an officer and the chief and lately it has only been one officer or the sergeant. President Boyd stated that if an officer gets in a jam Monday through Friday, we have Officer Schwoyer to rely on who can respond from the school. A motion was made by Charles Figard and seconded by Roy Heffner to approve the minutes of the November 10, 2003 meeting. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None A motion was made by Charles Figard and seconded by Scott Kreider to approve the following reports: Engineer’s Report, Finance Committee Report, Safety Committee Report, Property Committee Report and Personnel Committee Report. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None HAMBURG MUNICIPAL AUTHORITY ENGINEER'S REPORT November 19, 2003 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. The programming for the Filter Plant has been nearly completed and the p[lant is again producing water. The report on the Filter Plant Performance Evaluation (FPPE) was received. The system received a satisfactory rating. Plant operators are to be commended on this review and rating. Systems Design Engineering, Inc. is working with the operators on some recommendations included in the FPPE. 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. 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: Rick Boyd, Jeanette Heckman, Chuck Figard, Scott Kreider, Lynda G. Albright, Roy Heffner, Dale Schlenker Also attending: Newly elected Council People: Tammy Wilkinson, Martha Bertolet, Tina Yoder The 2004 budget was discussed in length, making very sure the newly elected people were brought up to speed as quickly and as easily as possible. The budget is very nearly balanced without an anticipated tax increase. Lynda is working diligently to make this happen, although she still has not received the information concerning the increase in health insurance, which by the way could be hefty. The Borough Manager was instructed to make arrangements to secure a line for a Tax Anticipation Note for 2004 to carry us through the beginning of the year until the receipt of tax revenues. This note is off ASAP to alleviate any interest charges. The Borough Manager has contacted Raritan & Mascaro for Trash/Recycling and the have agreed to abide by the contract for next year. Finance committee will recommend the Borough Manager to proceed with finalizing the contract.The Finance Committee is recommending that we proceed with payment of the $76,429.00 to the Police Pension Plan as stipulated by Court order. The $2,000,000.00 line of credit was discussed in depth and it was agreed to wait for the next meeting to discuss our needs. Dale R. Schlenker Chairman of Finance. SAFETY COMMITTEE The committee met at 7:00 p.m. on Tuesday 18, November 2003, with the following persons present: Dale Schlenker, Chief Zelinsky, Rick Boyd, Lynda Albright, Charles Figard, Leon Balthaser. Visitors were: Tina Yoder, Tammy Wilkinson, Martha Bertolet and Adam Dries. Following items were discussed: Reading Area Transportation will meet with the Borough Manager on 20, November to discuss details. 2. Pedestrian walkway on South 4th Street. Chief Zelinsky provided details concerning the proposed walkway between State and Pine streets on South 4th Street. Warning signs and parking prohibitions must still be determined. 3. Telephone pole at North 3rd Street and Port Clinton Avenue. Met-Ed reports the pole at that location is safe and in no danger of falling. A small piece was knocked from the pole but it did not change the safety factor. 4. Chief Zelinsky provided a lengthy list of policies and procedures presently in effect in the borough. It is recommended that the list be approved as recommended by DCED. 5. Handicapped sign at 3rd and State on South 3rd Street. Recommended that the sign be re-located further south on 3rd Street. 6. Name signs for alleys. Efforts will be made to place name signs at alley locations to aid in locating those roadways. 7. Truck routes through the borough. This matter will be delayed until changes are made with the Hamburg ramps from Rt. 78, since routes in the borough will change many times during that construction. 8. Stop Here on Red Signs. These will be installed after new stop lines are established. Chief Zelinsky provided a handout showing size requirements. 9. Body Armor. Failure of a certain protective vest will result in the manufacturer providing additional panels to be slid into the present vests to provide proper level of protection until new vests are ordered and received. Committee recommends new vests be ordered immediately. 10. Child Safe. The borough is participating in the program, which provided gun locks to whoever needs them.
PROPERTY COMMITTEE MEETING UPDATES Persons Attending: Roy Heffner, Dale Schlenker, Jeanette Heckman, Richard W. Boyd, Lynda Albright, Chuck FigardAlso Attending: Council-Elect Martha Bertolet, Adam Dries, Tina Yoder, Tammy Wilkinson UPDATES –
be done prior to spring. (nothing new to report on this.)
Roy Heffner, Chairman PERSONNEL COMMITTEE MEETING Monday, November 10, 2003 – after regular scheduled meeting Persons Present – Jeanette Heckman, Richard Boyd, Leon Balthaser, Scott Kreider, Chuck Figard, Manager Lynda Albright, Council Elect Adam Dries, Martha Bertolet, Tina Yoder and Tammy Wilkinson, M. Arce, K. Montone (Pottsville Republican) A brief meeting was called to order and immediately went into executive session by the request of Lynda Albright, Borough Manager to discuss personnel issues regarding possible litigation. No decisions of any kind were made, there being not enough information available. Respectfully submitted OLD BUSINESS On the recommendation of the Hamburg Planning Commission and Berks County Planning Commission, a motion was made by Roy Heffner and seconded by Dale Schlenker to approve the North Berks Joint Comprehensive Plan. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None A motion was made by Jeanette Heckman and seconded by Roy Heffner to remove from the table the "public participation policy" and to adopt it as follows. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None PUBLIC PARTICIPATION MEETINGS OF THE BOROUGH OF HAMBURG BOROUGH COUNCIL These rules are intended to promote an orderly system of public comment, to give every person an opportunity to be heard, and to ensure that no individual is embarrassed by those exercising their right of free speech. Public comment is permitted at the regular meeting of the Hamburg Borough Council, which occur the second Monday and fourth Wednesday of each month.
A motion was made by Charles Figard and seconded by Roy Heffner to table the issue regarding the billboard ordinance until the December 8, 2003 meeting. Solicitor Speicher will re-advertise at his firm’s expense due to it being advertised for November 26, not November 24, 2003. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None NEW BUSINESS On the recommendation of the Hamburg Municipal Authority and Borough Personnel Committee a motion was made by Jeanette Heckman and seconded by Dale Schlenker to appoint Steve Blefgen as a member of the Hamburg Municipal Authority to fill a vacancy until the term ends 12/31/04. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None On the recommendation of the Safety Committee, a motion was made by Charles Figard and seconded by Roy Heffner to accept and approve the policies currently in effect in the Police Department as per the Department of Community and Economic Development. (Manager Albright stated that Mayor Del Rosario asked that the crossing guard policy not be adopted until it is finalized. President Boyd stated that it can be changed at a later date if necessary.) ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None On the recommendation of the Finance Committee, a motion was made by Scott Kreider and seconded by Charles Figard to authorize the Borough Manager to take steps to secure a Tax Anticipation Note in the amount of $100,000 for 2004. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None On the recommendation of the Finance Committee, a motion was made by Dale Schlenker and seconded by Charles Figard to renew the trash contract with Raritan Disposal renew recycling with Mascaro for the year 2004 at an increase amount equal to the annual cost of living as determined by the U.S. Department of Commerce at the end of 2003 and authorize the Borough Manager to proceed with finalizing the contract. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None On the recommendation of the Finance Committee, a motion was made by Dale Schlenker and seconded by Roy Heffner to release $195,022.62 from the Line of Credit to reimburse the General Account for expenditures made to date. (Councilman Figard asked for a list of what this included: Manager Albright stated that this included the copier, the crew truck, District Justice Office thus far, Library feasibility study thus far, N. 6th Street improvements, work on 4th and Windsor traffic light, Police Pension and one computer for the computer upgrade). ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker NAYES – S. Kreider On the recommendation of the Finance Committee, a motion was made by Dale Schlenker and seconded by Charles Figard to tentatively approve the 2004 General Budget in the amount of $2,352,600. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker NAYES – S. Kreider On the recommendation of the Finance Committee, a motion was made by Dale Schlenker and seconded by Roy Heffner authorizing the Borough Manager to prepare and advertise the tentative 2004 Tax Ordinance setting the rate at 3.25 mills for general operating and .5 mills for capital reserve. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker NAYES – S. Kreider On the recommendation of the Property/Safety Committee, a motion was made by Roy Heffner and seconded by Dale Schlenker to approve the State Street businesses to hold horse/buggy rides on Sunday, December 7, 2003 between 1 and 4 p.m. (they will park on S.E. corner 3rd and State Street, travel east on State, S. on 4th, West on Pine and N. on 3rd back to State. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None A motion was made by Jeanette Heckman and seconded by Charles Figard to accept with regret the resignation of Leon Balthaser as a Councilman and to appoint one of the Council-elect members at the December 8, 2003 meeting. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker, S. Kreider NAYES – None A motion was made by Roy Heffner and seconded by Charles Figard to approve payment of invoices totaling $139,971.18.ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker NAYES – S. Kreider LIST OF BILLS A&N Outfitters Inc 192.43 AT&T 22.04 Ark Rentals 162.87 B.C.M.H.I.P.G 16,542.03 CNA Surety 443.75 Commonwealth of PA 35.00 T.M. Fitzgerald & Associates 3,840.00 Fort Dearborn Life Insurance 230.68 Galls Incorporated 124.99 Hamburg Municipal Authority 1,857.50 Kistler O’Brian Fire Protection 78.50 Stephen H. Koletar 66.73 E.M.Kutz Inc. 4,197.00 Anthony Lascala 199.99 M&T Bank 430.16 J.P. Mascaro & Sons 6,404.75 Met-Ed 2,051.43 MorganRail, Inc. 100.00 Nextel Communications 784.21 PA State Mayors Association 50.00 Pitney Bowes 188.70 RAK Industries 78.89 Raritan Valley Disposal 13,302.00 Reppert’s Auto Service 178.92 Reppert’s Auto Service 1,432.98 Smart Document Solutions, LLC 32.93 Roger Stetzler 53.50 Systems Design Engineering 2,343.86 UniFirst 343.26 Windsor Distributing 10.55 Yoder’s Heating Service, Inc. 2,083.53 West End Electric 5,679.00 Smith Barney 76,429.00
TOTAL FOR APPROVAL 139,971.18 SOLICITOR’S REPORT No Report UPCOMING MEETINGS/INFORMATION
There being no further business, the meeting adjourned at 8:10 p.m. on motion of Charles Figard and seconded by Jeanette Heckman. ATTEST: K im Y. BergerRecording Secretary/Office Manager
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