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MINUTES OF THE NOVEMBER 26, 2007 MEETING OF BOROUGH COUNCIL The twenty-second meeting of the Hamburg Borough Council for 2007 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 Present - Tammy Wilkinson, Martha Bertolet, Jeanette Heckman, Elaine Swavely, Dale Schlenker, Heather BergerMembers Absent – Roger Stetzler Also Present – Solicitor Zubey, Lynda G. Albright, Borough Manager, Kim Y. Berger, Office Manager/Recording Secretary, Mayor Del Rosario Visitors – Chief Painter, Mary Nunan (Item), Stephanie LaSota (Pottsville Republican), Adam Dries, Charles Figard, Norma Berger, Neven Dries, Scott Kreider, Richard Boyd, Deena Kershner, Scot Boyd, Leon Balthaser, Becky Atwell, Lisa Gehring, Jeremy Drew (Reading Eagle), Rodger Gehring, Michele Park A motion was made by Dale Schlenker and seconded by Heather Berger to approve the amended agenda. ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None COURTESY TO AUDIENCE Scott Kreider asked if the employees were going to have to contribute to their health insurance this year. He has been asking that this be looked at. Manager Albright stated that for 2008, they would not be contributing but the employees will be put on notice that in 2009 they will have to contribute. Manager Albright also stated that the Borough received a refund on our contributions and we will use this towards the increase for next year. Leon Balthaser stated that the I-78 project will be done in December. When will PA Dot finish fixing our roads? Manager Albright stated that PA DOT has repaved the roads they will be fixing and that would no others will be paved. The roads that were used the hardest were: Service Road, N. 6th Street and Belmont Avenue. Mr. Balthaser asked if the Borough was going to repair them. Councilwoman Heckman stated that the Borough did plead with PA DOT to fix the other roads, to no avail. Richard Boyd asked if N. 4th Street would be done. Manager Albright stated that it was a State road and it was anticipated no roadwork will be done until the State Street Bridge work is completed. Chuck Figard asked about Northmont Avenue. That was to be one of the roads that was to be repaired. Manager Albright stated that she can check with PA DOT, but the representatives that were with PA DOT originally, are no longer with the project. We can try, but PA DOT had stated they have done all they are going to do with repairing our roads. Norma Berger questioned when the State Street bridge was going to be fixed. Manager Albright stated that it was scheduled to start the end of next year, but it wasn’t definite. A motion was made by Martha Bertolet and seconded by Jeanette Heckman to approve the minutes of November 12, 2007 meeting.ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None A motion was made by Dale Schlenker and seconded by Elaine Swavely to approve the following reports: Engineer’s Report, Finance, Property and Safety Committee Report.ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None HAMBURG MUNICIPAL AUTHORITY SANITARY SEWER SYSTEM
WATER SYSTEM
The impoundment dam is down to the second inlet structure and for production purposes, empty. Water for this report period was produced entirely from the wells.
Requisition 322 L/B Water Service $ 3,260.04 Finance Committee November 12, 2007 Attending the meeting were Tammy Wilkinson, Elaine Swavely, Heather Berger, Roger Stetzler, Dale Schlenker, Lynda Albright, Martha Bertolet, Deena Kershner, and Buck Holtzman. Deena presented the OTF proposal for 2008 to the finance committee. All of the things OTF has improved in the borough not just the business district through various grants have a benefit for the entire community. The Elm Street Program will certainly enhance more of the town. DCED will do a study to see which area will be chosen for the Elm Street area. The traffic light pole replacement that was completed with grant money certainly benefits the entire community. The borough would have eventually had to replace those poles in the future. OTF is a non-profit means of getting grants that cannot be obtained by the borough. OTF is requesting a $45,000.00 contribution from the borough. The budget is currently being looked at for 2008 to see if money can be allocated to help the OTF effort. Buck Holtzman also spoke in support of what OTF has done for the borough. It is also the recommendation of DCED that the borough support the work of the OTF office going forward. Lynda and Deena are having weekly meetings to keep the lines of communication open on what is happening in the borough and OTF. The second draft of the budget was given to council members for their review. The possibility of Vendor Permits was discussed which will be explored in more detail. Lynda will check to see what other areas are currently doing to try to gain more revenue since we will not be getting as much in the Local Service Tax this year. The floors in the building need to be stripped and waxed and tile in the kitchen needs to be replace. This will be looked into next year. November 26 the 2008 proposed budget will be presented for tentative approval. Lynda is checking with BEIT to do the collections for the Local Service Tax since there are major accounting procedures to be followed with the changes. Respectfully Submitted Martha Bertolet Finance Chairperson PROPERTY COMMITTEE NOVEMBER 13, 2007 MUNICIPAL CENTER – 3 PM ATTENDING: Martha Bertolet, Elaine Swavely, Tammy Wilkinson, Lynda Albright, Roger Stetzler & Dale Schlenker VISITORS: Kay Greenawalt-Blueprint Community Deena Kershner—Our Town Foundation (OTF) John Leonforte—Codes Enforcement Officer
CHAIRMAN OF PROPERTY DALE R. SCHLENKER SAFETY COMMITTEE NOVEMBER 20, 2007 MUNICIPAL CENTER – 4:00 PM ATTENDING: Chief Michael Painter, Dale Schlenker, Heather Berger, Martha Bertolet, Elaine Swavely, Tammy Wilkinson, and Lynda Albright GUESTS: Richard Boyd, Kay Greenawalt, and Deena Kershner Chief Painter gave a brief overview of recent activities at Coast-To-Coast Foods located at 513 Island Street, Hamburg. After the recent stabbing and due to a wide variety of issues, steps are being taken to have this tenant removed from the building. Richard Boyd presented the attached proposal to improve snow removal from the downtown shopping district. He sighted safety of pedestrians and drivers as a motivating force behind this proposal. Kay Greenawalt also indicated that response time for emergency personnel could be impeded by snow build up and narrowed or impassable intersections. The group sought and obtained consensus from the committee that the Borough would be interested in once again participating in contracted snow removal in a designated area. The following points were clarified:
A thank you note from Debbie Reber was read. The note thanked the Safety Committee and the rest of Borough Council for its recent approval of handicapped parking in front of Ms. Reber’s mother’s home. John Leonforte inquired whether there was a need for an ordinance regulating sale, storage and use of fireworks within the borough. After some discussion it was determined that John Leonforte or Lynda Albright will check state laws and regulations with Sandra Christman. John or Lynda will come back to the committee with their findings. John Leonforte provided additional information regarding 513 Island Street and the issues/concerns regarding the property and its current uses. Chairperson Heather Berger Proposal for improvement of safety conditions during snow emergencies by the Economic Restructuring Committee
OLD BUSINESS On the recommendation of the Finance Committee, a motion was made by Elaine Swavely and seconded by Dale Schlenker to award the bid for Trash Collection for 2008 to BFI Waste Services of PA in the amount of $247,968.00.Mayor Del Rosario questioned if this includes a fall clean up. Manager
Albright stated that it does not, however, we are looking into other
alternatives.
NAYES – None On the recommendation of the Finance Committee, a motion was made by Dale Schlenker and seconded by Heather Berger to award the bid for Recycling collection for 2008 to JP Mascaro and Sons in the amount of $135,984.00. ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None NEW BUSINESS On the recommendation of the Finance Committee, a motion was made by Martha Bertolet and seconded by Jeanette Heckman to tentatively approve the 2008 General Budget in the amount of $3,197,850.ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None On the recommendation of the Finance Committee, a motion was made by Heather Berger and seconded by Dale Schlenker to set the tax rate for 2008 at 5.25 mils for general purposes and .25 for fire protection services and authorizing the Borough Manager to prepare and advertise an ordinance at this tax rate. (same tax rate as 2007). ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None On the recommendation of the Finance Committee, a motion was made by Dale Schlenker and seconded by Heather Berger authorizing the Borough Manager to begin the process of obtaining a Tax Anticipation note in the amount of $150,000 and authorize the appropriate officers to execute the necessary documentation. ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None On the recommendation of the Borough Manager, a motion was made by Jeanette Heckman and seconded by Heather Berger approving a resolution to increase the trash/recycling fee to $274.00/yr. (billed $137.00 January and July). This would be a $14 increase for the year. ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None On the recommendation of the Borough Manager, a motion was made by Dale Schlenker and seconded by Martha Bertolet approving Ordinance #751-07 – Local Services Tax. (Question: Scott Kreider asked for an explanation. This will replace the EMST (Emergency Municipal Services Tax). These funds are to be used for fire, ambulance, streets, police etc. There will be an exception for those individuals earning less than $12,000 a year. Chuck Figard questioned what type of an impact it will have on our revenues. Manager Albright stated that we took in over $100,000 with the EMST, but since the exception went into effect and the change in the rules, we don’t anticipate more than $30,000. ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None On the recommendation of the Borough Manager, a motion was made by Elaine Swavely and seconded by Heather Berger approving the Resolution appointing Berks County Earned Income Tax Bureau as Collector of the Local Services Tax and authorizing the President of Council to execute the Collection Agreement on behalf of the Borough with the Earned Income Tax Bureau.ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None On the recommendation of the Borough Manager, a motion was made by Elaine Swavely and seconded by Heather Berger approving the submission of a grant application by the OTF in the amount of $25,000 to be used for the hiring of a Consultant for the Elm Street programROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None . On the recommendation of then Borough Manager, a motion was made by Jeanette Heckman and seconded by Dale Schlenker authorizing the execution of the Lease Agreement documents by the appropriate officers with Real Lease for the lease/purchase of the 2007 dump truck.ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None A motion was made by Heather Berger and seconded by Dale Schlenker to approve payment of invoices totaling $$80,357.10 ROLL CALL: AYES – T. Wilkinson, M. Bertolet, J. Heckman, D. Schlenker,
NAYES – None LIST OF BILLS AR ADAM 70.00 BERKS MONT NEWSPAPERS 117.36 BOROUGH OF SHOEMAKERSVILLE 425.00 DYNATECH CONTROLS 672.00 J E FINK & SONS 45.00 FIRST PRECINCT UNIFORMS 64.00 HAMBURG MUNICIPAL AUTHORITY 2,765.14 HEPNER’S GLASS SHOP 160.00 KERMIT KISTLER 220.78 MASANO BRADLEY 7,268.00 JP MASCARO 11,606.40 ROBERT MENGLE 331.00 MET – ED 2,372.33 MILLER’S BUILDERS 1,029.72 NEXTEL COMMUNICATIONS 648.26 PMHIC 20,756.73 PA STATE ASSN OF BOROUGHS 100.00 POSTMASTER OF HAMBURG 175.00 R & W ENGRAVING 70.20 RJR ENGINEERING 9,080.00 RARITAN VALLEY DISPOSAL 20,120.66 SCHLOUCH 1,945.50 SYSTEMS DESIGN ENGINEERING 125.27 TRIANGLE COMMUNICATIONS 161.50 YIS/COWDEN GROUP 27.25 TOTAL DUE FOR APPROVAL $80,357.10 SOLICITORS REPORT An executive session was called at 7:50 p.m. to discuss pending litigation issues. The regular council meeting reconvened at 8:12 p.m. A motion was made by Heather Berger and seconded by Dale Schlenker to authorize the President of Council to execute a Settlement Agreement and Release with Rodger Gehring which provides for the reinstatement of Rodger Gehring as a police officer with the Borough, for the payment to Mr. Gehring of $5,000 and such other non-substantive and customary terms and conditions as may be reviewed and approved by the Solicitor.. Discussion: Mr. Richard Boyd read the following statement: I obtained this sticker a few years ago while traveling. On the surface it pokes fun at a concept about cops eating donuts. But after thought it has a deeper meaning about values and our society. We are taught from childhood about values and that good deeds are rewarded and that bad deeds are punished. The sticker says if you are a bad cop you are not going to get your reward or specifically your donut. What you have tonight is a decision to make about a police officer who has an established record with more than a couple of fundamental value flaws. The biggest one is that he is a liar. Now, I am not trying to be politically correct here when I use this word but the shoe fits. It is also not a nice word and certainly not one that should be associated with a police officer. It is also said with the full legal knowledge of the ramifications of using such a word when describing an individual to a broad audience. But again, the shoe fits not only by my personal experience but also because of sworn testimony. Mr. Gehring lied in writing and he lied in statements, which were discovered while employed as a probationary police officer of the Borough. He was discharged and the Borough’s position was upheld in Arbitration. I have to assume that all present council members have read the full Arbitration case as it does speak to the matter before you today. Why is lying a bad deed so important to society as a whole and to police officers specifically? It is because society puts officers on a pedestal and does hold them to a higher moral standard than others. You cannot be a police officer if you have committed a misdemeanor or a felony as an example but you can hold many other positions in life, even a politician. Police officers are the front line defense of society against criminal activity. They cannot be used as the starting point for our criminal justice system if their integrity cannot be presented without question in a court of law. This goes from the simplest jaywalking case to homicide. Once the egg is cracked on integrity, humpty dumpty’s men cannot put it back together again. Other value flaws include how Mr. Gehring conducts himself while employed in a police department. A South Heidelberg Township incident raises the issue of pursuing filed charges on a DUI case. Why an officer would file such charges against a women and then refuse to appear at repeated court hearings leaves a big question on motives. Testimony was offered by both the South Heidelberg Township Police Chief and the Assistant District Attorney in this matter. There is a report on the books of Mr. Gehring engaging in sex in the back of a Landsford police car, an incident he admitted to. There is the incidents of a sexual affair with a 911 Berks County dispatcher. While on duty, an approximate 17 minute recording was made of Mr. Gehring discussing their affair. The county dispatcher acknowledged upon later questioning that they were discussing Mr. Gehring’s penis on the tape. Another report while employed as a probationary police officer addresses Mr Gehring’s neglect, inefficiency and conduct unbecoming an officer by neglecting to make contact with a female calling for officer assistance in an abuse incident. Two cell phone calls were made to the Hamburg police and both went un-responded to. Additionally, Mr. Gehring attempted to hide information on his background questionnaire by falsely answering questions concerning dismissal from the State Department of Corrections at Greaterford for excessive absences and dismissal from Alcoa Engineered Products. The situation you are presented with this evening is a choice. The fact that it requires a vote by this Council to rehire Mr. Gehring or settle the lawsuit or whatever the details are, indicates a weighing of issues which are in your power to make a decision on. There can be no political spin on a decision such as this. A decision to return Mr. Gehring is one which says we will bring you back for the next 20, 30 years knowing that you are totally useless to us as a police officer. A reasonable assumption is that with the present pay of a Borough Officers this may only cost tax payers 2 to 3 million dollars. This assumes that he sits in a corner and does nothing. Coming out of the corner then starts exposure of the Borough to legal civil suites form the first incident that his conduct is in question. You have been presented with Mr. Gehring’s conduct so you now have no defense of ignorance in this matter. You have the choice tonight to say that lying is a violation of society. You have the choice tonight of saying that the conduct of police officers matters. You have the choice tonight to say that only honest police officers can and should serve the Borough residents. Bad Cop – No Donut Mr. Charles Figard stated the old adage, people who forget their history are destined to repeat it. He hopes that everyone remembers 2004. In addition, Mr. Charles Figard questioned what the benefit was for bringing him back. Solicitor Zubey stated that he was unable to comment on the particulars of the pending litigation; however, all current lawsuits withdrawn with prejudice against the borough in exchange for a payment from the borough of $5,000. Mr. Figard questioned any back pay? Solicitor Zubey stated that it would only be the $5,000 payment. Mr. Figard asked that there were only six members present, couldn’t this be tabled until all seven members were present. In the event of a tie, the Mayor would have to break it and he is a personal friend of Mr. Gehring. It wasn’t fair. Mr. Figard asked why this had to be pushed now, can’t it wait until all seven members are present. ROLL CALL: AYES – T. Wilkinson, H. Berger, E. Swavely NAYES – M. Bertolet J. Heckman, D. Schlenker – Abstained MOTION CARRIES Mr. Boyd questioned why Councilman’s Heckman and Schlenker abstained. If they were abstaining it had to be a financial issue. Solicitor Zubey stated that there were many reasons why an individual council member could abstain, conflict of interest. Councilwoman Heckman stated that she could not be fair in her decision-making and that is why she abstained. INFORMATION ITEMS
December 4, 2007 – 4:00 p.m. – Personnel Committee December 10, 2007 – 6:30 p.m.- Finance Committee December 10, 2007 – 7:30 p.m. – Council meeting Scott Kreider had a question about the old Christmas decorations that had been hung on the poles around the borough. What is going to happen to them? Can’t we give them to another community? Deena Kershner stated that the decorations were unsafe and will be scrapped. There being no further business, the meeting adjourned at 8:30 p.m. on the motion of Dale Schlenker and seconded by Jeanette Heckman .ATTEST:
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