SPECIAL MEETING OF SEPT. 6, 2007

There was a special meeting of the Hamburg Borough Council held this evening at the Hamburg Municipal Center with President Tammy Wilkinson presiding. This meeting was in reference to the painting of the curbs in the area of 4^th and State Streets.

Meeting was opened with the Pledge of Allegiance.

MEMBERS PRESENT: Tammy Wilkinson, Roger Stetzler, Elaine Swavely,

J. Heckman, Martha Bertolet, Dale Schlenker and Heather Berger

MEMBERS ABSENT: None

ALSO PRESENT: Solicitor Zubey, Manager Lynda G. Albright, Kim Y. Berger, Recording Secretary-Office Manager, Mayor Roy C. Del Rosario

VISITORS: Chief Michael Painter, Brent Adams, Jacey Adams, Chris Madara, Charles Henn, Randall Miller, Sheryl Miller, Marie Boltz, Dawn Heinbach, Fred Sheeler, W. Dave Freiwald, Pat Freiwald, Dale Machmer, Kim Bagenstose, Sandra Christman, Leon Balthaser, Becky Atwell, Shirley Dierolf, June Kline, Mark Geiger, Dennis Degler, Dianne Leibensperger, Faye Heckman, Betty Stetzler, Armistine Muntz, Betty Yeager, Buck Holtzman, O. Becker, Helen Becker, Kris Frantz, Sue Frantz, Mike Heckart, Ted Easterbrook, Richard Kershner, Ruth Kershner, Deena Kershner, Glenn Kershner, George Mitten, Melanie Geiger, Karen Haag, Barry Haag, Gerald Thren, Matt Anderson (Eagle), Susan Prutzman, Terry Loose, Rose Loose, Stu Hower, Cindy Reber, Mason, Lori Mengel, Donald Homm, Catherine Homm, Kerry Delong, Pat Delong, David Burkey, Loralee Heckman, Henry Trexler, Gerard Bonenfant, Kim Kehs, Mary Domsicz, Lori Smith, Debbie Reber, Norma Berger, Sylvia Summons, Randall Mengel, Therman Maderia, Steve Balthaser, Dan Overton, Andrea Coller, Aaron Muller, Jarrod Coller, Melanie Roth, Jeff Roeckle, Leslie Werley, Michael Adams, Larry Ernst, Mary Heckman, Kay Greenawalt, Maria Herne (Pottsville Republican), Scott Kreider

A motion was made by Roger Stetzler and seconded by Dale Schlenker to approve the agenda.

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

R. Stetzler, E. Swavely, H. Berger

NAYES – None

President Wilkinson stated that this was a public information session and any recommendations be put in writing.

President Wilkinson stated that we do have public participation policy in effect. Everyone who wishes to speak will be given five minutes.

A petition was presented to Council stating: By signing this petition, I am certifying that I oppose the changes made to the 4^th and State Streets in downtown Hamburg to add turning lanes and taking away parking spaces.

(The petition can be seen in its entirety in the Borough Office).

Randy Miller – Apple Tree Specialties on N. 4^th Street, stated that parking needed to be addressed. The businesses in downtown will sell their property/businesses and move because there is no parking. The businesses were never asked and the Borough dropped the ball. Mr. Miller also stated that the business owners have been lied too. Borough Council even broke their own ordinance where by there is to be six two-hour parking spaces, which are now covered by yellow paint. This ordinance is still in effect.

Therman Maderia – F & F shop – questioned what the goal of the borough for downtown was. This is an error that can easily be fixed. The business owners have to be considered. Truck traffic is definitely an issue.

Fred Sheeler – Hamburg Home Mortgage – Mr. Sheeler stated that before the OTF was here they were the Main Street Committee and was started by a lot of the people in the audience. Even back then there were many issues with parking. If the parking spaces are empty, the customers will drive by. Mr. Sheeler asked that this be fixed quickly.

Chris Madara – American House – Mr. Madara presented Council with a drawing regarding a suggestion for the intersection. One way traffic with angle parking. Mr. Madara stated that PA DOT would allow this if council agrees. We could do it as a trial.

President Wilkinson stated that Mr. Madara should present his suggestions in writing so that it could be presented to PA DOT.

Deena Kershner – handed out questions that could not all be answered tonight, but at some point would like them all answered. Some of these questions were: Which committee put this plan together? When was it voted on? Ms. Kershner stated that they have spent 5-6 years getting things working for downtown and the Council has slapped OTF in the face?

Where is council’s vision? Was the State Street School considered?

President Wilkinson then gave an overview of how all this came about. Starting in 2002 with the Reading Area Transportation Study, a traffic study in 2003, PA Dot reviews, Road Committee meetings, Safety Committee meetings, Property Committee meetings, etc.

Ms. Kershner questioned what committee made the decision.

Councilman Schlenker stated that it came upon the recommendation of the Safety Committee, with Roy Heffner, now deceased, who had asked PA DOT for a retiming of the traffic light. This intersection is rated as a 4F or very dangerous intersection. At that time, PA DOT decided to do a study of the intersection. Council took PA DOT’s recommendation and proceeded.

Dawn Heinbach – Hard Bean Café, Ms. Heinbach stated that she was a positive force in the community with everything that she offers in her store. Parking is a struggle and if something isn’t done, she will have to re-locate.

Lori Mengel – Doris Berry – Ms. Mengel stated that she is the 3^rd generation of business owners in her store. She is proud of the business and this town and something needs to be done about these lines.

Randall Mengel – doctor’s office – Mr. Mengel stated that this was a shock to everyone and that parking is a problem. They cannot compete against Wal-Mart or Target. Mr. Mengel asked for an explanation of the safety issue Council keeps referring to.

President Wilkinson stated that the crossing guard has been hit twice and there was another pedestrian accident in February. There is traffic congestion and safety is a concern.

Councilman Schlenker stated that we have to get traffic to move at 4^th and State streets. There is a problem with traffic congestion in this area and we were trying to get this problem resolved. That is why the request was made to have the timing redone at this intersection. After two years, PA DOT decided to take a good look at this intersection.

Steve Balthaser, 221 State Street, stated that Council manages for the residents and there was not one public notice given. This was an inefficient way to handle this problem.

Rose Loose- hairdresser 26 N. 4^th Street, stated that businesses bring people to town. Parking was a problem before, now there is no parking at all. People are running the red lights – that is a safety issue.

Debbie Reber, crossing guard at 3^rd and State – nothing has been done with that intersection and it is also dangerous.

Richard Boyd – Happy Sewing Room – Council as a whole did not approve this action to paint the curbs. How could this be done without a vote? This was a PA DOT proposal not a mandate. Mr. Boyd stated that the signs state no parking – temporary police order – was this done by the Mayor? Not all the yellow lines are painted. If you were going to do what PA DOT wants, then you have a whole lot more lines to paint.

Mr. Boyd stated that trucks would continue to be a problem in this town. Grand Street Extension will go a long way to address this situation.

Mr. Boyd stated that the municipal parking lot here at this building should be available for public parking, maybe put a time limit on it. This will help with the parking.

Mr. Boyd stated that the Mayor and the Chief of Police decided to enact some of PA DOT’s proposal.

Mr. Boyd stated that Council had it painted in a day and they can paint it white in a day.

Mayor Del Rosario stated that he and the Chief did not decide to do the painting. The Mayor had no idea that this was going to happen.

Chief Painter – the borough crew, John Leonforte and myself marked where the old lines were to go. We started to mark the sidewalk so the construction company could bore the holes. We tried to be proactive and not have all the holes in the sidewalk. Mr. Leonforte presented the Chief with a drawing from PA DOT. They then remarked the locations for the lines per PA DOT’s recommendation. At this time, there are no signs present and the police cannot enforce any ordinances.

Mr. Boyd stated that you didn’t do everything that is state mandated. 30 feet from each intersection. Chief Painter stated that if he would have done that there would be no parking on State Street from 3^rd to 4^th and he didn’t want to do that.

Jerry Knowles – a representative from Rep. Argall’s office – present on his behalf. Hamburg is one of the neatest communities in our district. This is a problem and he has seen the community work through their problems in the past, they can do it again. PA DOT reviewed the intersection to see what could be done to make it safer. The timing of the light was the only thing that was requested. According to the PA DOT officials he spoke to, the borough did not have to take PA DOT’s recommendation. Borough Council had to make the decision to go forward or not. Mr. Knowles stated that no one is trying to run anybody out of town, only to make the intersection safer.

Kerry Delong stated that it is not safe to drive down 4^th Street. Trucks are everywhere. What are we doing for the future? If Council defies PA DOT, Hamburg might as well kiss any State money goodbye. This is for the safety of our residents and pedestrians. When will the turning lanes be placed? Mr. Leonforte stated that within 2 weeks.

Kay Greenawalt – Blueprint Community – we didn’t know anything about this proposal. A question had been raised prior to the sidewalks being done, if we could remove the sidewalks back one foot on either side to give more room. They were told no because it was a State highway.

John Leonforte responded to Kay’s question regarding removing 1 foot of sidewalk from either side. It wasn’t PA DOT’s denial, but Met-Ed would not put a plan in effect to remove the poles.

Ms. Greenawalt stated that the timing might have worked but turning lanes will not work. We have worked so hard to make it a beautiful community. This issue needs to be revamped and have the yellow lines removed.

Buck Holtzman – if this intersection is so dangerous, maybe the police ought to help the crossing guard.

Faye Heckman questioned if there was going to be a turning arrow on the signal if we were going to have turning lanes. That was undetermined.

Melanie Roth – if these lines are not removed businesses will be non-existent.

Mike Adams – people who have never driven a truck are making decisions regarding the truck traffic and the turning lanes.

Andrea Coller – this plan was not thought out well and it needs to be reversed ASAP.

Sue Wessner – Council is to be the voice of the people, Council did not have to do this, remove the yellow lines.

Pat Delong stated that the business owners think that this is only to hurt them. They don’t realize that this is for the betterment of the community. A lot of them don’t live here, don’t pay taxes here. The whole community should be taken into consideration not just the business owners. Most of these people do not vote here, we do and we must support your decisions. Parking on one side or one way streets should be considered for the betterment of driving in this borough.

Loralee Heckman, partner of Adams & Bright Drugstore – Ms. Heckman stated that she could be making a whole lot more money elsewhere but decided to stay in her hometown, because she loves it here. She has been hearing complaints from customers about the parking.

Dawn Heinbach – I don’t live here, but I do pay EMST taxes. It is not just those who live here, but those who work here need someplace to park.

Kim Kehs – no parking prompts no business, I live outside of town, but I love this town. Everyone loses with this decision to paint the curbs.

Sue Frantz – 3^rd Street resident, the citizens are just as concerned as the business owners. People have to be defensive drivers.

Randall Miller – stated that the sidewalk project started in May, how many incidents at 4^th and State have happened since May?

Deena Kershner – the curbs shouldn’t be painted white – they should be sandblasted off. Put it back to its original condition. This was made without any forethought. If this would have been brought to me, I could have done something about it. This was a slap in the face. Please sandblast it off.

Mayor in closing, this council are human beings, they made a mistake and admitted it. One-way streets are something to be looked at.

Larry Ernst questioned if one-way streets were considered? Also how does paint the curb yellow increase the crossing guards safety?

Mr. Ernst also questioned, when will this be addressed and when will a decision be made?

President Wilkinson stated greater visibility would be one reason.

Gerard Bonenfant stated that the Council is very concerned for the children and pedestrians that cross that intersection at 4^th and State.

Shirley Dierolf – Blue Mt. Herbals, stated that maybe there should be police protection for the crossing guards at the State Street School.

Marie Boltz – stated take the yellow lines away.

Charles Henn – businesses have the people coming back to Hamburg. Eliminating the parking on the street will not help this.

Jarrod Coller – F & F shop – Can Council vote on this and reconsider the yellow lines?

Councilwoman Heckman stated that she hates the idea of these yellow lines. She stated that she was very concerned about this issue. Councilwoman Heckman stated that she has a vested interest in the businesses of this town and that she sees that the people who came out tonight are very intelligent.

Mr. Boyd – how will this proceed – will you take action on Monday night?

Kris Frantz – 3^rd Street resident – will Council please answer one by one who authorized this decision?

President Wilkinson stated that any suggestions for a remedy to the situation should be put in writing.

Fred Sheeler asked that a motion be made to remove the lines.

John Berry – his family has been in business for 65 years and his business is going down. Someone on Council should state who made this decision.

Councilman Stetzler stated that he was one of the members of the Safety Committee who reviewed these items. Council members of the Safety Committee agreed to do this. This intersection is very dangerous, there is parking available at the parking lots at 4^th and Pine.

Councilwoman Swavely stated that the yellow lines should go away.

An executive session was called at 9:10 p.m. to discuss any pending litigation or legal issues with this issue.

Meeting reconvened at 9:38 p.m.

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

H. Berger, E. Swavely

NAYES – None

Nothing

Nothing

Attest:

Kim Y. Berger

Recording Secretary