MINUTES FROM THE SPECIAL MEETING OF BOROUGH COUNCIL OF MAY 1, 2003

There was a special meeting of the Hamburg Borough Council held this evening at the Hamburg Municipal Center with President Richard Boyd presiding.

MEMBERS PRESENT: R. Boyd, R. Heffner, C. Figard, J. Heckman, L. Balthaser, D. Schlenker

MEMBERS ABSENT: None

ALSO PRESENT: Manager Lynda G. Albright, Kim Y. Berger, Recording Secretary-Office Manager

VISITORS: June Hilbert, Cherie Reichard, Anna Derck, Donna Smith, Garnetta Heckman, Dorothy Konemann, Ralph Konemann, Scot Boyd, Wendy Kauffman, Dean Kauffman, Lisa Gehring, Rodger Gehring, Diane Schwoyer, Dennis Schwoyer, Brian Zelonis, Michael Painter, Ralph Renno, Scott Kreider, Adam Dries, Adrian Strahn, Moises R. Arce, Jr., Rita Reed, Lacey Koch, Lori Riegel, Breon Riegel, Bethany Riegel, Patti Stuebner, William McEllroy, Pauline Binner, Michele DelRosario, John Timtishin, Moises Arce, Barry Koch, Joy Koch, Patrick Grob, Bob Gust, Anne Que, William Farr, Tracy Arce, Brandi Harner, Justin Hooper, Margie Bender, Tim Jones, Martha Bertolet, Lanita Lumm, Dolores Painter, Nikki Murry, Rory , Merav Bushlin,

A motion was made by Jeanette Heckman and seconded by Dale Schlenker approving the agenda.

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

D. Schlenker

NAYES – None

COURTESY TO THE AUDIENCE:

President Boyd started by reading the letter of resignation submitted by Martha Bertolet:

May 1, 2003

RE: VACANCY APPOINTMENT

To: Hamburg Borough Council

Effective immediately, I am stepping down from my March 25, 2003 appointment to the vacancy on Hamburg Borough Council. I will, however, continue to pursue an elected position on council in the May 20 primaries.

It has come to my attention that Senate Bill 379 was passed on June 20, 2001 and it prohibits me from qualifying for the vacant position. Also, the Commonwealth of Pennsylvania Borough Code, as amended December 31, 2002 addresses the same issue.

A portion of the PA Borough Code, Article IX, Vacancies for Office, reads as follows, "No person shall be appointed to fill a vacancy in an elected borough or ward office unless he or she has resided within the borough, or within the ward in the case of a ward office, continuously for at least one year prior to his or her appointment."

I have lived in Hamburg Borough since October 7, 2003 and have not fulfilled the residency issue for vacancy appointments. Furthermore, I disclosed my residency status on the borough’s application for vacancy, as well as through various print media and was not advised by borough officials of any residency requirements.

Relative to residency issues surrounding elected officials, I contacted Curt Belleman, chairman of the Berks County Board of Elections on April 29, 2003 about my status as a candidate in the upcoming primaries. Belleman advised me on that date that, if elected, and by the time I would take office, all residency requirements for elections and holding office would be in compliance with the law.

Respectfully submitted,

Martha E. Bertolet

Dolores Painter wanted to know why Manager Albright or President Boyd didn’t know about the residency requirement for Mrs. Bertolet. President Boyd stated that they were not aware of it. Mrs. Painter (wife of Michael Painter) stated that the officials should stay updated on the law changes.

Mrs. Painter wanted to question why her husband (Sgt. Michael Painter) was not allowed to come back to work when he turned in two doctor releases. Mrs. Painter also stated that Mike has seen the borough’s doctor, which cost the taxpayers $850 and the medical records were not submitted to the doctor by the borough. President Boyd stated that since her husband has filed a grievance, he will find out the answer.

Garnetta Heckman, school-crossing guard, stated that she has had so many problems; things getting messed up, no guards present, messages not getting forwarded. Mrs. Heckman stated that there were other guards here tonight to verify the problems they have been experiencing. One being, a guard called into the police office at 1 p.m. stating that she was in the hospital and would not be able to cross the children. At 3:30 p.m., mothers were crossing their children because someone messed up and didn’t have a guard there. Another time, Mrs. Heckman called the police office and spoke with Mrs. Reed (police secretary) and she stated that she was in a meeting and couldn’t take care of it. Another time, there was another issue with messages being misconstrued.

Donna Smith, questioned why the meeting was called. President Boyd stated that it was called to fill the vacancy on Borough Council.

Ms. Cherie Reichard, stated that all of council owed Martha Bertolet an apology for putting her through this situation, for not knowing the rules. She suggested that the Mayor take over the police department like he is supposed too.

Lisa Gehring, wife of Rodger Gehring, questioned how much money did it cost to fire him and still not give a reason for the firing? How much did it cost the taxpayers to fire him, when he had many, many arrests, cocaine busts, etc. President Boyd stated that he could not comment on it.

Dean Kauffman, questioned why didn’t the meeting start with a Pledge Allegiance to the flag? President Boyd stated that it has been the past practice to forego that procedure at special meetings. Mr. Kauffman stated that the policy should be changed.

Lori Riegel, questioned how much of the taxpayers money is going to be spent in lawsuits of the firing of a fine officer wrongly?

Tim Jones, stated that the sidewalks were a mess and it is extremely difficult maneuvering some of the curb cuts as he is in a wheelchair. President Boyd stated that he should come to the Safety Committee meeting on May 20, 2003.

Moises Arce stated that Mayor Del Rosario apologizes for not attending the meeting, however, he was not duly notified about the meeting.

Mr. Arce stated that President Boyd made some accusations at the last meeting and would like to see the papers that he was flashing around. President Boyd stated that the press saw them. Mr. Arce stated that President Boyd showed them to a select few, however did not show them to Mr. Arce. The people who saw these papers were, three press reporters, Mr. Boyd, Mayor, Chief of Police, Manager Albright, but the general public, including Mr. Arce were not present. Mr. Arce stated that he has a right to defend himself. In the State of Pennsylvania, the accused has a right to face his accuser. Mr. Arce asked to see the papers. President Boyd stated that he did not have them with him, but that they were in his possession. Mr. Arce asked when he could see them and President Boyd stated when he is good and ready. President Boyd stated that his convictions are a matter of public record and Mr. Arce stated that they were not. President Boyd suggested that he go the Courthouse and get them himself. President Boyd stated that he had no responsibility to give him public records information that he could obtain himself. Mr. Arce stated that the documents that President Boyd produced are illegal. Mr. Arce stated that he will be persuing a 20 million dollar lawsuit against President Boyd and borough council. Mr. Arce stated that the documents that President Boyd obtained are against the NCIC Clean Act. Mr. Arce questioned if President Boyd would produce the documents and President Boyd said he would not. President Boyd stated that they are public information to which Mr. Arce disagreed. Mr. Arce stated that the documents that President Boyd has are for police use only, handed to him by a cop in the department, a cop President Boyd has in his back pocket.

Patti Stuebner questioned why Sgt. Painter has not been allowed to return to work? How many officers work 3 am to 7 a.m.? President Boyd stated that Sgt. Painter is involved in a Heart and Lung dispute. It is a matter of a grievance and the Borough is addressing it. Ms. Stuebner stated that two doctors released him. President Boyd stated that it is still a matter of a grievance. President Boyd could not respond about the officers on duty from 3 a.m. to 7 a.m. Ms. Stuebner questioned if the two mothers who crossed the children that day there was a mess up, are they going to get paid? President Boyd stated that he had no knowledge of this. Ms. Stuebner stated that she called in and gave the names and there was supposed to be an investigation; was this another screw up in the police department, with the secretary? Councilman Balthaser stated that those two ladies should come to the Safety Committee meeting and he will see that they get paid. Ms. Stuebner stated that Chief Zelinsky does not care about these children, only about himself. Ms. Stuebner had been a crossing guard and attempted to work with Chief Zelinsky and couldn’t so she quit. Ms. Stuebner stated that she has been complaining for almost 1 ½ years, she has been calling to the secretary in the police department.

Ms. Stuebner questioned why the Mayor wasn’t involved with the meeting that fired that officer. President Boyd stated that was under advice of counsel. President Boyd stated that Hamburg Borough Council is in charge of the Borough not the Mayor.

An individual questioned why there isn’t a police officer or crossing guard at 4^th and Windsor Streets? To cross the street is horrific. Traffic is outrageous. President Boyd stated that we have a school resource officer and that he has to be questioned.

Ms. Stuebner asked that the safety of the children be looked into.

President Boyd stated that Ms. Stuebner should come to Safety Committee meeting.

An individual stood and asked for President Boyd’s resignation stating that he was incompetent.

Margie Bender, questioned how much has been spent on lawyers fees? Ms. Bender stated that she heard that it was around $8,000 so far. President Boyd stated that he doesn’t know where someone would get that number. Ms. Bender stated that it was just the tip of the iceberg and the amount was only going to grow. Ms. Bender stated that there were more grievances and lawsuits filed against Chief Zelinsky more are up and coming. How many more are there going to be filed? President Boyd stated none to his knowledge. Ms. Bender stated that council should do something to keep the officers before they all get fed up and leave this borough. Ms. Bender stated that cleaning of the house should be done, starting at the top.

Adrian Strahn, was present to give support to Sgt. Painter. He looks good and should be back to work full time. Mr. Strahn stated that Sgt. Painter talks to the kids and helps them out. Officer Schwoyer does as well.

Ralph Renno stated that in other cities and boroughs, the Mayor is in charge of the police department. Why isn’t the Mayor allowed to be in charge of the police department? President Boyd stated that day-to-day operations of police force, by state code, says the mayor directs the police. The Borough Council hires and fires officers and is in charge of the budget. Borough Council negotiates contracts with the police force and the police chief. Mr. Renno also stated that he couldn’t understand why the Mayor was not involved in the meeting that fired the officer. President Boyd stated that it was the advice of counsel to not have the Mayor included in the meeting.

Bob Gust stated that council needs to sit and listen to the people and to eliminate all the hostility. President Boyd stated that they have committees to listen to all these different complaints. They are public meetings. This is where the issues are addressed. To come before the full council it is very difficult to discuss special circumstances. Committees are an effective way to address these issues.

Mrs. Painter asked what committee she should bring her question too. President Boyd stated that it would be Safety Committee.

Brian Trexler wanted to know who notified the Mayor about the meeting this evening and at what time? President Boyd stated that at the time that the meeting was scheduled, council had his resignation. The Borough Manager notified all who she thought was appropriate. But at the time the meeting was scheduled, the Mayor’s resignation was in hand. It was questioned at what time the meeting was scheduled and President Boyd stated it was yesterday in the morning. The notice went down to the Eagle Wednesday morning.

Mr. Trexler questioned if the Mayor was still in office. President Boyd stated that there were some legal questions. The audience stated that he rescinded his resignation and so he is still the Mayor.

Ms. Reichert stated that since council has not voted on accepting his resignation how can you not invite him, he is still the mayor. President Boyd stated that there are legal questions.

Brian Trexler stated that it is very odd that the flyers were all over Hamburg at 3 a.m., however the Mayor was not invited to attend. President Boyd stated that it was not that he wasn’t invited……Michele DelRosario (Mayor’s wife) stated that he was not invited.

Mr. Trexler asked if it was written somewhere that Sgt. Painter must be released from the borough’s doctor. President Boyd stated that yes it was. President Boyd stated that he needed to be released from the lawyers. President Boyd stated that we will act on the advice of legal counsel. Mr. Trexler asked if he needed more than a doctors note. President Boyd stated that Mike (Painter) should answer that.

Sgt. Painter stated that the police contract states after 3 days of sick leave the officer needs a doctors note. Sgt. Painter stated that the borough has not granted him the heart and lung benefits. Sgt. Painter stated that he has not received workman’s compensation. He is working off of his sick days. Therefore, without using any of the benefits, we are working off the contract. Contract says three days. Sgt. Painter has handed in two doctors release forms. The Borough has had the three days, two months ago. President Boyd asked Sgt. Painter to explain heart and lung. Sgt. Painter stated that he doesn’t have heart and lung because it was denied. Sgt. Painter stated that he was supposed to get heart and lung when he applied for it and the reason has still not be given as to if it was denied and why. President Boyd stated that heart and lung is work related. Sgt. Painter stated that under these circumstances we are still working under the contract, are we not? President Boyd stated that Sgt. Painter was correct. Sgt. Painter stated that under the contract after 3 days absence he must produce a doctors excuse, which he has done, twice. President Boyd questioned if there was a grievance on that and Sgt. Painter questioned what a grievance has to do with him coming back to work.

Brian Trexler wants to see it in writing where it stated that Sgt. Painter needs more than the two doctors notes to return other than what President Boyd jotted down. President Boyd stated that the recommendations of the doctors will go to the lawyers. The lawyers will make their recommendations on the disposition of whether or not Mike comes back. The lead lawyer on this is Joe Rudolph.

Tammy Wilkinson, what is the status of the Mayor? Is he still the Mayor? President Boyd stated that it is not totally clear. Ms. Wilkinson questioned if President Boyd was unaware of the Mayor rescinding his resignation as of yesterday when this meeting was made, then how was it that the Reading Eagle was able to print, before midnight, his rescinding? Why wasn’t he invited here today?

Ms. Wilkinson questioned if the audience could make a motion to remove Rick Boyd as a councilman and Thomas Zelinsky as Chief? Could that be done? Does Council have to make the motion? What is the proper procedure to have these individuals removed. President Boyd stated that Council had to make a motion, have a second and have majority of council approve it. Someone in the audience stated that a paper called a petition of recall needs to be done. President Boyd stated that the audience is expressing their opinions at this point. Ms. Wilkinson stated that we can impeach the President of the United States, why can’t we impeach the President of Borough Council. Councilman Balthaser stated that a petition has to be presented to Council. Ms. Wilkinson questioned if the petition will hold up this time because she doesn’t have a criminal background?

Lisa Gehring stated that President Boyd mentioned committees, which all the members are sitting at the table right now, why not answer these questions right here, right now? President Boyd stated that there are three members to a committee plus the president serves de facto. Each Councilperson chairs a committee and serves on two more. Mrs. Gehring questioned why it can’t be discussed now and give answers to the public. Why does this have to keep going on and on? President Boyd stated that because there are issues raised, questions that require research. It allows the business of the borough to be conducted over many more hours than just the borough council meeting. Mrs. Gehring questioned why the council just doesn’t answer the questions that are raised. Mrs. Gehring stated that if Council thought there was a lot of people at this meeting, she suggests moving the next meeting to a different location because there will be a hellacious amount of people present for that one on May 12.

Dean Kauffman, Vice-President of Crime Watch, would like to know what the story is with Crime Watch. President Boyd stated that he didn’t know. Mr. Kauffman stated that he should know what is going on.

A motion was made by Roy Heffner and seconded by Jeanette Heckman to end discussion and move forward on the agenda.

NAYES – None

A motion was made by Jeanette Heckman and seconded by Charles Figard to appoint Scott Kreider to fill the vacancy on Borough Council created by the resignation of Diana Edwards.

(Question: Councilman Balthaser asked if we weren’t going to interview? Councilwoman Heckman stated that Scott was one of the people interviewed previously and there was no need to interview again. He has experience and is looking out for Hamburg. Councilman Balthaser stated that he thought it was a quick decision. Councilwoman Heckman stated that we are already past the 30 days after Diana Edwards resigned.)

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

NAYES – None

There being no further business, the meeting adjourned at 7:00 p.m. on motion of Charles Figard and seconded by Dale Schlenker.

Attest

Kim Y. Berger

Recording Secretary