MINUTES FROM THE OCTOBER 22, 2003 MEETING OF BOROUGH COUNCIL

The twentieth 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, Mayor Del Rosario, Solicitor Speicher

Visitors- Nikki Murry (Item), Kimm Montone (Pottsville Republican), William McEllroy, Holley McEllroy, John Sterner, Peggy Sterner, James Kissinger, John Timtishin, Rodger Gehring, Lisa Gehring, Garnetta Heckman, Donna Smith, Moises Arce, Tracy Arce

A motion was made by Roy Heffner and seconded by Charles Figard to approve the amended agenda.

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider

NAYES – None

COURTESY TO AUDIENCE

**See end of the minutes

NAYES – None

A motion was made by Roy Heffner and seconded by Scott Kreider to approve the following reports: Engineer’s Report, Road Committee Report and Finance Committee Report.

(Councilman Kreider stated there was a correction to the Road Committee Report – under Item 3, 5 year plan prioritization is listing costs; belongs under item 7.) (Councilman Kreider also questioned on the Engineer’s Report MACA and the BOD. President Boyd stated that it is still being worked on.) (Councilman Balthaser had a question on the Finance Committee Report – what is the borough’s debt?)

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider

NAYES – None

SANITARY SEWER SYSTEM

SEWAGE TREATMENT PLANT ISSUES

Flows at the plant are normal for this time of year. Treatment is within normal parameters.

The MCC repairs were completed. Systems Design Engineering, Inc. submitted the insurance reimbursement.

CORRECTIVE ACTION PLAN

A response to the DEP comments on the Corrective Action Plan was submitted to PA DEP. Systems Design Engineering, Inc. has continued negotiating the specifics of the CAP and Connection Management Plan with DEP. DEP has proposed the minimum requirements for the Connection Management Plan. Approval of the Board is required. Systems Design Engineering, Inc. will present an update at the meeting.

MID-ATLANTIC CANNERS

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.

Plant personnel and Systems Design Engineering, Inc. are dealing with some higher than normal pH discharges this month.

EDENBURG P.S. COLLECTION SYSTEM REPAIRS

Repairs to the manholes and pipes are substantially complete. Borough staff has completed a significant portion of home inspections. Systems Design Engineering, Inc. provided a form letter citing the Authority’s Rules and Regulations to provide notice of repairs required on the house sewer or home. The Borough staff is mailing these notices for corrective actions.

SPECIFICATIONS

The solicitor and Systems Design Engineering, Inc. met to bring the draft specifications to completion. The Solicitor is preparing the Rules and Regulations for approval at the meeting. Systems Design Engineering, Inc. has prepared the Pretreatment Regulations and Technical Drawings. The Pretreatment Regulations and Technical Drawings are the same as previously submitted with slight revisions in the form of typographical corrections and form.

PROJECTS

NPDES Permit Renewal-In progress

Plant Expansion Study

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 personnel and Systems Design Engineering, Inc. collectively decided to run off the wells starting September 29, 2003 due to programming glitches in the Roberts filters. Roberts Filter has visited the site and programming changes are being prepared for Monday, October 13, 2003 download. The programming changes include recommendations from DEP on the Filter Plant Performance Evaluation discussed below.

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 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.

A sketch for the improvements to Manhole 1 (finished water line behind the plant) has been submitted to DEP for approval and has been approved. Construction of the improved manhole started and should be completed shortly.

VULNERABILITY ASSESSMENT

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

ROAD COMMITTEE REPORT

9-24-03

Attending: Rick Boyd, Scott Kreider, Dale Schlenker, Leon Balthaser, Lynda

Albright, Rick Pickel

Tim Jones (Curb Cuts) – No new information

West State Street Bridge (Sidewalk Overlays)

PA Dot is working on this need to be fixed problem.

Post-meeting notes: The sidewalks have been overlayed with asphalt. They look much better and safer. During the week of 10/12 a routine bridge inspection was being done. After talking with one of the inspectors he told me that their report would be forwarded to PA Dot within 2 weeks. I have asked Lynda to request a copy of this report along with a summarization of the in-depth inspection that took place approximately 2 years ago for our records and review.

5 year plan prioritizations

The list is complete and extensive. However, recent complications of storm water runoff at the sewer plant have made it necessary to come up with a storm water management system. This study must be completed before we attack the work necessary to bring our streets back to good condition. We will coordinate with the municipal authority to come up with locations, length, diameter, etc. of existing drainage system and what needs to be changed or added. Greg Unger of SDE is working on this as he is looking for any way to relieve the burden on the sewer plant during heavy rain events. Costs: Road Design - $8,000, Swale Design - $4,000, Specs prep - $1,200, total of $13,200.

Municipal Lot Bids/Respecs

Lynda met with Doug Kramer of Synergetics. Drainage pipes may not be big enough to handle potential water runoff. They also do not connect with Third St. drainage. We will continue proceeding on lot specs and bidding for 2004 work.

4th & Pine St. intersection project.

Bids were rejected and re-bid. Bids will be opened at October Authority meeting. If the weather cooperates it may be possible to complete this year yet.

12-yr. County Plan update

Lynda submitted several roads and projects to be included in the county plan. Please see attached list of projects.

Willow Subdivision (Dated 8/25) RE: N. 6th St. - Attach copy

We received a letter from SDE summarizing recommendations to complete the project. Engineering cost may be in the $10-15,000 range. A copy of the letter is attached for your review. This project is scheduled for 2004 completion.

8) Roller/PADot Depot - Rick Pickel will check into this later.

9) 4th & Rt. 61 Emergency hook-ups

Liquid fuels money can be used to fund this upgrade to the traffic signal system there. This would enable the Fire Co. to hook-up a generator to the signal system during power outages, thus eliminating the need for emergency personnel to direct traffic in this very dangerous intersection.

10) Priority Sensors

It was asked to have these included in the (2) traffic signal projects (4th & Windsor) and (4th and Hawk Ridge). These devices enable emergency vehicles to override red signals by use of a particular strobe light signal, therefore allowing them to continue on to their destination during emergencies only.

Lori Guldin of Belmont Avenue and Pear Alley was present to graciously thank and commend the Road Crew for their work in general throughout the year and especially in resolving the storm water runoff and erosion from Pear Alley to Belmont Avenue.

Respectfully submitted

Scott A Kreider

FINANCE COMMITTEE

OCTOBER 13, 2003

 Attending: Lynda Albright, Jeanette Heckman, Chuck Figard, Roy Heffner, Leon Balthaser, Scott Kreider, Rick Boyd, Martha Bertolet, Cherie Riechard, John Jablowski, Doug Rauch and Dale Schlenker  

A recommendation was given to Council for the purchase of a salt spreader for $4312.00.

A recommendation was given to Council to approve a $2 Million Dollar line of credit with M&T Bank to be used with in one year of the signing of the agreement for capital improvements within the Borough

A recommendation was given to council to approve the lowering of the interest rate of the current loan on the Municipal Center from 4.24% to 3.85%

All attending council people were asked individually if they had any questions or concerns with above recommendations and there being none we proceeded with the recommendations to Council for action.

Discussion ensued with many comments and questions from Cherie Reichard concerning the uses of the money. Finance Committee assured her diligence will be used in the dispersion of the funds borrowed. It was also noted that band aids have been put on problems long enough and it is time to deal with these problems today.

NONE

On the recommendation of the Borough Manager, a motion was made by Roy Heffner and seconded by Dale Schlenker to make application for a $25,000 grant for façade improvements on behalf of "Our Town Foundation".

NAYES – None

On the recommendation of the Borough Manager, a motion was made by Jeanette Heckman and seconded by Charles Figard approving the Independent Contractor Agreement between the County of Berks and the Borough of Hamburg regarding the issuance of dog licenses for 2004.

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 and Personnel Committee, a motion was made by Jeanette Heckman and seconded by Charles Figard to hire Robert Grugan as a laborer at the sewer plant at a rate of $12/hr. and to serve a six-month probationary period, with a starting date of approximately November 6, 2003.

(Councilman Balthaser questioned if this was a replacement or just adding an additional man. It was stated that we are just adding an additional man as a laborer to help do the inspections of the homes for DEP. The Hamburg Municipal Authority compensates the borough for his wages. If he is needed by the crew for snow plowing he can be utilized for that but for now his time will primarily be spent at the sewer plant.)

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider

NAYES – None

On the recommendation of the Planning Commission, a motion was made by Roy Heffner and seconded by Charles Figard that the amended "draft" zoning ordinance be forwarded to Systems Design Engineering (as per their proposal not to exceed $16,000) for their review and put in final form.

(Councilman Balthaser questioned if their bill will be itemized; it was stated that they were the lowest proposal that was received and they usually do itemize their bills.) (Solicitor Speicher suggested that Council include the billboard ordinance as part of the draft s that it can be included immediately.)

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider

NAYES – None

On the recommendation of the Planning Commission, a motion was made by Charles Figard and seconded by Roy Heffner to pursue adoption of the proposed billboard ordinance after the corrections have been made.

(Councilman Kreider and Councilwoman Heckman questioned the upward or downward lighting and the distance between the signs. Included will be that the lighting will be downward and that the distance will be 750 feet between signs.

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider

NAYES – None

ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker, S. Kreider

NAYES – None

AT & T 20.84

BCMHIPG 15,784.49

BURKHARDT MECHANICAL 131.39

CMA READING 995.00

ECCO COMMUNICATIONS 5,250.00

GALLS INC. 239.90

HAMBURG MUNICIPAL AUTHORITY 436.56

KANTNER’S TIRE 5.00

KERMIT KISTLER 788.07

M & T BANK 430.16

J. P. MASCARO 6,404.75

MET-ED 2,383.83

NEXTEL 642.53

PA STATE ASSC. OF BOROUGHS 573.63

PATRIOT COLLISION CENTER 1,135.00

QUARTERMASTER 113.75

QUILL 176.92

RARITAN VALLEY DISPOSAL 13,302.00

WEIS MARKETS 55.00

OUR TOWN FOUNDATION 20,000.00

TOTAL $68,868.82

Solicitor Speicher stated that he had a resolution to present for council to review regarding the public records requested by citizens. The Borough Manager stated that we have an ordinance in effect with a procedure in place for residents to obtain public records.

Mr. Arce stated that since we have a policy in effect and it works very well, since he has used it, why must it be changed?

Solicitor Speicher stated that the Council can review it and if they want to change it they can, but don’t have too.

Mayor Del Rosario stated that he needs a date for an Accident Review Board meeting. The Mayor assumed that the Solicitor was involved in these meetings. However, he is not involved in these meetings. The Mayor will pick some dates and times and let Lynda know so that she can contact the necessary people to attend.

Moises Arce questioned whether it was wise to establish a 2 million dollar line of credit. What is this money to cover? Mr. Arce stated that he read the paper, but it was very vague and was not easily understandable. Councilman Schlenker stated that the Council developed a wish list with wants and needs; top of the list items include the pool renovations, the district justice office, and the library expansion. Councilman Schlenker stated that the line of credit was taken out now because the interest rate is so low and it was very advantageous for us to do it now. Mr. Arce questioned if we did not obtain a loan to renovate the building once? Councilman Schlenker stated that was a separate issue. The interest rate on the loan on the building has been lowered because we took out this line of credit. Councilman Schlenker stated that the residents have to trust that he or the next council have to spend the line of credit judiciously and not spend foolishly. Mr. Arce stated that the pool has been a problem for a number of years and we have been band aiding it for some time now. Councilman Schlenker stated that yes we have been band aiding it and we are now going to fix it the right way. Councilwoman Heckman stated that the representative who did the pool survey stated that we have outlived the life of our pool. We have gotten many more years out of our pool than other municipalities do.

Mr. Arce stated that Mr. Weber stated if a spot became available again, Hamburg would be called. President Boyd stated that when it was stated participatory, that means where the officer is to spend his time. President Boyd stated that up until the end of October, we were short handed on day shift by two officers. The chief has been covering shifts himself. Mr. Arce stated that Chief Zelinsky has also stated on numerous occasions that there will be no overtime, because no one in the borough will make more money than him. Mr. Arce stated that if he is about money instead about saving, than we don’t need him. Safety has to be number one.

Officer Bill McEllroy spoke up stating that he was not for either side, however, in Bethel Township, it was strictly an overtime grant. The department is given the money up front. The officers then work overtime and are paid overtime. Mayor Del Rosario stated that this is part of the Highway Safety Grant, when we had gone out on Route 61. Mayor Del Rosario stated that we have not participated in any grant like this in three years. President Boyd questioned if it hasn’t been offered to the officers and they refused the overtime and Mayor Del Rosario stated that no, that wasn’t so. Mayor Del Rosario stated that we have not participated.

Mr. Arce stated that his wife Tracy Arce received a letter at her business, J & T Auto Rescue, from the borough regarding removing some vehicles that have been parked on the macadam parking lot on State Street. Mr. Arce went down to the courthouse and researched the deeds. Mr. Arce produced the deeds to DAKE, Inc., lady next door, property behind the car lot, Schuylkill Greenway, who owns 12 feet from the property line onto the parking lot for the walkway. The Borough does not own it. Mr. Arce stated that he has the maps and the deeds if anyone cares to take a look at them. Manager Albright stated that the courthouse shows one thing and the surveyor showed us the pins. Mr. Arce stated that Tracy, his wife, had asked for a certified copy of the survey. Manager Albright stated that she does not have a survey, only a map.

Mayor Del Rosario suggested that he bring this to the Property Committee meeting.

President Boyd suggested that he meet with the solicitor after the meeting and have him take a look at it or bring it to the court hearing. Mr. Arce did not know what court hearing President Boyd was referring too. Mr. Arce requested that President Boyd retract that statement. Mr. Arce stated that his letters says that he has 30 days to comply with removing the vehicles. President Boyd stated that his understanding was that papers were filed with the District Justice.

Mr. Arce presented the reporters with copies of a lawsuit that he has filed for over $61,000 against the Borough of Hamburg, Lynda Albright and Thomas Zelinsky.

Solicitor Speicher asked Mr. Arce if this is the issue that he had asked Mr. Arce to have his attorney contact the borough’s solicitor.

Mr. Arce stated that Speicher’s actions were unethical. Mr. Arce stated that he is working to have Solicitor Speicher recused from this case. Mr. Arce stated that it is unethical to give out someone’s phone number. Mr. Arce stated that he has a sworn statement stating that Speicher gave out J & T’s phone number and that they were selling cars. Solicitor Speicher stated that anyone can say anything. Mr. Arce stated that he has a lot of knowledge when it comes to PA Dot. Solicitor Speicher stated that he will not and cannot be bullied.

There being no further business, the meeting adjourned at 8:20 p.m. on motion of Charles Figard and seconded by Jeanette Heckman.

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