MINUTES OF THE MARCH 24, 2008 MEETING OF BOROUGH COUNCIL

The sixth meeting of the Hamburg Borough Council for 2008 was held this evening at the Hamburg Municipal Center with President Tammy Wilkinson presiding. The meeting was opened with Pledge of Allegiance to the Flag and a Prayer.

Members Absent – None

Also Present – Solicitor Gumbar and Solicitor Gavin, Kim Y. Berger, Office Manager/Recording Secretary

Visitors – Chief Painter, Maria Herne (Pottsville Republican), Penny Hummel (Item), Jeff Walters, David Bolton, Kim Trabosh, Gary Trabosh, Brian Hoppes, Melanie Leslie, Elaine Spatz, John Spatz, Kerry Delong, Steven Levan, Norma Berger, Lori Fritz, Deb Guinther, Ann Bohn

A motion was made by Dale Schlenker and seconded by Martha Bertolet to approve the amended agenda.

ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker

R. Stetzler, H. Berger, E. Swavely

NAYES – None

COURTESY TO AUDIENCE

Lori Fritz, N. 2^nd Street was questioning what was happening with the Wright’s building and a rehab coming to town. She stated that the residents had read the paper and are very concerned that there would be inmates, etc living in Hamburg. She stated that no one in Hamburg wants or needs this halfway house.

Council President Wilkinson stated that there has been no contact with the "supposed" buyers of the property. No plans have been submitted.

Melanie Leslie stated that she lives on Washington Street and there are a lot of children in the neighborhood. She stated that Hamburg cannot allow this "halfway" house to come to Hamburg. Ms. Leslie stated that she knows that when there is a breakout at Wernersville where another halfway house is, that there are helicopters, tons of police etc. searching for the person who broke out of the center.

Ann Bohn just moved here from Grill and there was a halfway house near where she had lived and the municipality had to hire extra police officers because they were always there.

Barry and Kim Trabosh also live on Washington Street stated that they would start a petition if necessary to keep this halfway house from coming into Hamburg.

Kerry Delong suggested that Council explain how this came about. How did it come this far? Mr. Delong stated that Council should either validate or retract the rumors that everyone has been reading or hearing about. Mr. Delong stated that the Borough owes the residents some sort of an explanation about what this firm does and what they are proposing. If Council does that it may put to rest the rumors that are spreading.

John Leonforte, Zoning Officer stated that we don’t know for sure what is happening with the building. No plans have been submitted. We have heard the same rumors that the public has heard. We cannot speculate as to what they will be doing with the building. Mr. Leonforte stated that he had spoken to a realtor a few weeks ago, inquiring about the zoning district and the permitted uses for the property. At the end of the conversation with the realtor, she questioned if a rehab center was a permitted use and she was told that yes, it was a permitted use. This is a VC district (Village Center). A rehab center is a permitted use in this district. All conditions will have to be met.

A question was raised, "If a halfway house is proposed for this property, will it be allowed?" Mr. Leonforte stated that it was a permitted use as long as they meet all the zoning requirements.

Brian Hoppes stated that he is concerned for the safety of his children and himself. There was no way that he would feel safe living there if this halfway house came to town

A question was raised, "Can’t you change the zoning so that it cannot be permitted?" Mr. Leonforte stated that, we cannot zone a use out of the borough. There has to be some place for every use.

Solicitor Gavin responded to Mr. Delong’s question as to how this all began. Solicitor Gavin stated that before the zoning ordinance was adopted there were public announcements and hearings so that residents could question these types of issues. At that time certain uses were put into certain areas of the borough. Rehabilitation centers were placed into VC districts. Residents at that time had the opportunity to come in and voice their opinions and objections about this placement into a VC district.

Solicitor Gavin then stated that the Borough can only act upon the information it has received regarding this property. The only thing that the Borough possesses as a matter of fact, not conjecture, is that the land has been purchased. No one has come before the borough and submitted a building, zoning permits or plans for development of the property, so the borough cannot act on speculation and cannot isolate a particular piece of property for zoning changes or amendments. The Borough has an obligation to review any permit applications or plans to ensure that they are in compliance with all the local ordinances. Depending on the plans submitted, it may require a public hearing.

John Leonforte read the description of REHABILITATION CENTER (Halfway House) - An establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles.

Solicitor Gavin stated that the law is very clear that you cannot isolate a particular piece of property for a zoning change.

Solicitor Gavin stated that if you remove a use from the zoning ordinance then a property owner can come in and say that "my use has not been addressed in the ordinance, therefore I can put it anywhere I want to".

The question was raised if the residents decide to obtain an attorney, whom should they contact. It was stated that they should contact the borough’s solicitor.

President Wilkinson stated that if the residents wanted to form a petition and get signatures that they could do that and forward it to the Borough Office for the Council. They must be property owners or residents of the borough.

The question was raised as to who really bought the property. Solicitor Gavin stated that the Recorder of Deeds would have that information but because of backlogs, it may not have been recorded at this time.

If there would be a public hearing for any reason it would be advertised in the newspaper. The public would have to watch the newspapers for notice.

Lori Fritz, N. 2^nd Street, agreed that she would be a spokesperson for the concerned residents and then she can let everyone know if there are any new developments.

Council President Wilkinson stated that if a special meeting is needed that Council would be happy to meet with the residents if necessary.

Council President Wilkinson thanked all those who came out to voice their concerns regarding this issue.

A motion was made by Martha Bertolet and seconded by Dale Schlenker to approve the minutes of the March 10, 2008 meeting.

ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker

R. Stetzler, E. Swavely, H. Berger

NAYES – None

A motion was made by Roger Stetzler and seconded by Heather Berger to approve the following reports: Engineer’s Report, Property Committee Report, Finance Committee Report and Safety Committee Report.

ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker

R. Stetzler, H. Berger, E. Swavely

NAYES – None

SEWAGE TREATMENT PLANT ISSUES

The operations within the new wastewater treatment plant continue well. All processes are on line. Systems Design Engineering, Inc. is working assisting the Superintendent with operational questions on an as needed basis.

WWTP PROJECT

The wastewater treatment plant project is complete. Systems Design Engineering, Inc. is prepared to assist the Authority Auditor with the closeout audit.

WISSAHICKON WATER

No issues this report period.

WATER PRODUCTION

The impoundment dam has refilled and is overflowing. For this report period water production was mostly from the surface water supply and supplemented from the wells. Plant operator reports that the new control system is vastly improved over the old system and that blending of surface and well water is now possible.

Hamburg Municipal Authority has received notification from DEP that the filter plant process designation has been changed from "other" to "conventional". This change in designation changes some testing requirements. Systems Design Engineering, Inc. is reviewing the regulations to provide a comparison of the changes. This information will be discussed at a future meeting.

Water Filtration Plant Control Project – The installation of the new control system is substantially complete. The tie-in of the alarm system has been completed. Tony and OCC are working on some final features to complete the project.

PROPOSED WATER LINE REPLACEMENT

Specifications and drawings to replace the water lines in Walnut Street and South 2^nd Street are being completed. Bids will be received at the March 2008 Authority meeting.

REQUISITIONS

There are no requisitions this month. All bills are being paid from the water, sewer and fire hydrant accounts with two (2) pass through (developer) invoices.

MARCH 11, 2008

MUNICIPAL CENTER – 3PM

ATTENDING: Tammy Wilkinson, Martha Bertolet, Elaine Swavely, Lynda Albright, Roger Stetzler Jon Leonforte & Dale Schlenkler

VISITORS: Norma Berger & Deena Kershner

Gregg Unger (SDI) is continuing his pursuit of a suitable generator and its cost for the Municipal Center. Tammy suggested a grant for this item be applied for by Chief Michael Painter thru Homeland Security.

The final payment for the pool was forwarded to R & R as all is completed.

John Leonforte provided an update on the completely removed Exide structures and that core drilling will begin shortly to ascertain if there is contamination below the concrete.

John Driscoll has purchased the vacant "Curves" lot and will use it for parking.

The outstanding Streetscape issues have been completed and all paperwork/plans/keys were given to Lynda. The Borough will now assume the ownership of the Streetscape.

The Graffiti ordinance is in the process of being advertised.

George Heckman has indicated he will repair the Library wall on a time and material basis and the Property Committee says thanks and go ahead.

The Property Committee recommends to Council the approval of July 26, 2008 as Art Alliance music in the park event fundraiser.

The OTF would like to use the Hamburg Park ball field either September 20&21 or 27&28 as a fund raiser softball tournament. Lynda will check on the status of soccer teams using the park and if there is no conflict, the Property Committee recommends to Council this be approved.

Property Committee recommends to Council the Hamburg Lions club be allowed to use the Hamburg Park July 4 & 5^th, 2008 for Community day’s event. The Lions club will also need some practice dates to view the fireworks prior to the Community Days event and the committee asked Lynda to make sure they advertise the dates prior to their practice to allow the town plenty of notice.

The Property Committee recommends to Council the painting of the parking tic, by the OTF at a cost of $2350.00 and the Borough will then repay the OTF due to the grant that allowed this painting.

The Property Committee recommends to Council the changing of plans at the Municipal Lot at State and Front to allow different landscaping and the placement of a Kiosk.

A horticulturist will be engaged to recommend the type of native plants to be used along the Schuylkill greenway at the park and a plan was adopted that will show the placement of park benches, picnic tables, trash containers & kiosks. This will be funded by a Schuylkill River Greenway grant.

Lynda was instructed to continue communicate (in any way necessary) with First Energy to remove the cobra lights in the Streetscape area.

As soon as the weather permits, volunteers will replace the roof with material, paid for by the Borough, of the Little League building.

The Property Committee instructed Lynda to move forward with the Mural Ordinance and check with our Solicitors on the Zoning status and advertising.

CHAIRMAN OF PROPERTY DALE R. SCHLENKER

Attending the finance committee were Elaine, Lynda, and Martha.

Lynda reported that $95,818.60 will be received from Berks EIT for the last quarter.

A utility management company contacted Elaine asking to review our Utility bills. This study was done in the past and no discrepancies were found. It was decided not to do the review.

Finance Committee chairperson

Martha E. Bertolet

SAFETY COMMITTEE MEETING

March 18, 2008

6:00 PM

Borough Manager’s office

Attendees: Heather Berger, Martha Bertolet, Dale Schlenker, Roger Stetzler, Elaine Swavely, Lynda Albright

Absent: Chief Michael Painter, Mayor Roy DelRosario, Tammy Wilkinson

Visitor: None

Handicap Request – Mr. Ray Wolf, 47 North Second Street submitted a request for a handicapped space. Request has been approved.

Request for 20-minute loading zone on the northeast corner in front of Muller’s Jewelry Store – Request has been denied due to parking limitations already in existence in the downtown shopping district, traffic congestion (close proximity to the intersection) and in support of the borough’s previous decision to remove the loading zone that had been in that area before.

Curfew/Noise Ordinances – Table the Curfew Ordinance since much of the inappropriate youth activity has been minimized by the assistance of the private security at the park. Table the Noise Ordinance as there is already a Noise Ordinance on the books in the borough.

Police coverage, stops/activity, ticketing for speeding and parking violations, use of vehicles – As Chief Painter was unable to attend the meeting Heather Berger will discuss concerns with Mayor DelRosario.

 

Respectfully submitted,

Heather Berger

Safety Committee Chairperson

On the recommendation of the Property Committee, a motion was made by Dale Schlenker and seconded by Roger Stetzler approving Ordinance #754-08 – Graffiti Ordinance.

ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker

R. Stetzler, H. Berger, E. Swavely

NAYES – None

ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker

R. Stetzler, H. Berger, E. Swavely

NAYES – None

On the recommendation of the Property Committee, a motion was made by Heather Berger and seconded by Roger Stetzler to approve the Lions Club holding the annual Community Day festivities on July 4^th and July 5^th at the park, as well providing fireworks for this event, which will be set off at the high school.

ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker

R. Stetzler, H. Berger, E. Swavely

NAYES – None

On the recommendation of the Borough Manager, a motion was made by Roger Stetzler and seconded by Heather Berger approving Ordinance # 755-08 – Storm Water Management plan as prepared by the solicitor/engineer and required by DEP.

ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker

R. Stetzler, H. Berger, E. Swavely

NAYES – None

A motion was made by Dale Schlenker and seconded by Martha Bertolet to approve payment of invoices totaling $96,916.88

ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman,

R. Stetzler, H. Berger, E. Swavely

NAYES – None

Abstained - D. Schlenker (financial interest)

AMERICAN ROCK SALT 1,255.21

BARRY ISETT & ASSC 4,517.99

BERKS ENVIROTECH 144.26

BOND CUSTOMART 100.00

BREIDEGAMS GARAGE 125.00

CDW GOVT, INC. 204.10

EMC INSURANCE 14,415.90

ED’S SMALL ENGINE REPAIR 61.00

FAST SUPPLY 369.48

FISHER DAM AUTO 180.37

GOODYEAR TIRES 97.15

ROBERT GRUGAN 100.00

HAMBURG MUNICIPAL AUTHORITY 134.94

KISTLER O’BRIEN 102.90

LSH LIGHTS 471.17

LOWES 76.99

MAIN STREAM INDUSTRIES 8,250.00

MASANO BRADLEY 5,018.05

JP MASCARO 11,332.00

MET-ED 7,302.51

PMHIC 26,514.24

PA CORRECTIONAL INDUSTRIES 2,514.21

SCHLENKER MOTORS 610.2

STRATIX SYSTEMS 658.00

THOMPSON PUBLISHING 428.50

TRIANGLE COMMUNICATIONS 161.50

US MUNICIPAL SUPPLY 485.86

VAN METER & ASSC 220.00

YIS/COWDEN GROUP 714.00

YODER’S HEATING 351.33

UNION FIRE CO. #1 OF HAMBURG 10,000.00

TOTAL FOR APPROVAL 96,916.88

A brief executive session will be held immediately following the meeting to discuss potential litigation. There will be no action taken.

April 1, 2008 – 4 p.m. – Personnel Committee

April 7, 2008 – 3 p.m. – Road Committee

April 8, 2008 – 3 p.m. – Property Committee

April 8, 2008 – 6 p.m. – Library Board meeting

April 14, 2008 – 6 p.m. – Finance Committee

April 14, 2008 – 7 p.m. – Council meeting

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