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MINUTES FROM THE SEPTEMBER 25, 2002 COUNCIL MEETING The eighteenth regular meeting of the Hamburg Borough Council for 2002 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, Diana Edwards, Dale Schlenker, Charles Figard, Jeanette Heckman Members Absent – None Also Present – Lynda G. Albright, Borough Manager, Kim Y. Berger, Recording Secretary, Solicitor
Visitors- Merav Bushlin (Reading Eagle), Nikki Murray (Item), Thomas Zelinsky, Brandon Hall, Karen Roth, Rick Roth, Kim Fisher, Kay Greenawalt, Fred Sheeler, Scott Kreider, Larry Ernst, Cherie M. Reichard, Alean Tray, John Leonforte A motion was made by Charles Figard and seconded by Dale Schlenker to approve the amended agenda ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. SchlenkerNAYES – None COURTESY TO AUDIENCE Kay Greenawalt addressed the Property Maintenance Code again. She questioned Solicitor Speicher on the validity of the ordinance since there was a numbering mistake on the ordinance. Solicitor Speicher stated that the number was incorrect on the agenda. When the ordinance was advertised, it was advertised without a number, but adopted properly. The number being incorrect was a typo and does not impact its credibility or enforceability. Ms. Greenawalt stated that she is concerned because the book that she has does not state any penalties. So if she refuses to pay the $20 what are the penalties? Also, if someone doesn’t comply with the ordinance, it does not state any penalties. Solicitor Speicher stated that it does not state any penalties at this point, however, there will be an amendment proposed for the next meeting whereby the penalties will be established. President Boyd stated that the ordinance that is being prepared is for the penalties for non-compliance. Ms. Greenawalt inquired as to where the $20 fee came from. Why that amount? President Boyd stated that the building inspector recommended the fee of $20. President Boyd stated that it is less than what is needed to cover the costs of the property maintenance enforcement. President Boyd stated that as far as the penalty for non-compliance, the ordinance that is proposed for the October 14 meeting sets a maximum fine of $1,000. That doesn’t mean that the fine will be $1,000. We are looking for volunteer compliance. If complaints come in, they will be handled accordingly. We do not cite immediately. We ask for cooperation. President Boyd stands on the merit of Council, and on the actions of this council in directing the Borough employees. President Boyd again asked for voluntary compliance. If there are violations, a decision will have to be made as to where we go from there. We are not bound by how many letters we have to send out to remind people. The actions are tempered on the severity of what we see. If it is a safety and health issue or a persistent problem, then we file with the District Justice. After that it is entirely up to the district justice, to dismiss the case or levy a fine up to $1,000. Kay Greenawalt questioned whether or not the individual homeowners know that this affects them as well as rental properties. Kay Greenawalt questioned if everyone at some point have to pay this $20 fee since it affects everyone? The business owners are being penalized for this. John Leonforte stated that single-family dwellings are covered under this code. In fact, there have been a few instances where single-family dwelling owners have been pursued due to non-compliance with the code. The percentage of John’s time that is spent on single-family dwellings issues is about 5% compared to 95% being spent on commercial or rental properties. The purpose of the code is to provide a safe environment for the residents. The code is a model. There are different levels of concern. Common sense will be used. This code is to prevent deterioration of commercial buildings. This money is not strictly enforcement, some of it will be used for education. Educating the public, inspecting buildings and letting people know what is a violation. Larry Ernst stated that John Leonforte just did an inspection of his building. Mr. Ernst stated that he did a great job and Mr. Ernst welcomed the information. However, the question was raised as to why pay the $20 per unit, and then turn around and pay $50 for an occupancy permit. Also, Mr. Ernst stated that he will have to pay this $20 per unit every year, and there will be no inspections made. Mr. Ernst was informed that they are two different services. Mr. Ernst also stated that if this is an educational program, why not have all the property owners pay for it rather than just the rental or commercial properties, unless he is only going to educate the apartment people that were charged. Mr. Ernst stated that we should only have to pay when it is used. Manager Albright stated that in the letter there was a paragraph that stated the funds would be used to cover the costs of inspections, additional training and administration. It is not strictly for inspections, it is also to cover any additional training and his administrative work. Mr. Roth wanted to know why the business merchants, rental owners had to pay for that. If he is going to go through the whole borough and there are a select few who are paying for the whole borough. President Boyd commented on the example that "why must you pay for the police, if you don’t use them." Kay Greenawalt stated that she was quite upset when she received a letter stating that if her alarm goes off 2 more times that she will be billed for the false alarms. This is something that should come out of the taxes that we pay for. Councilwoman Heckman stated that Kay made a valid point about the code and it needs refining. We will have to look it and is happy that the points were made. Councilman Balthaser question Mr. Leonforte about the grandfather clause. Mr. Leonforte stated that there is no grandfather clause when it comes to safety. Councilman Balthaser stated that there are some buildings in town that are over 100 years old and would never be able to comply with the codes. Mr. Leonforte stated that was not true and Councilman Balthaser stated that it was. Mr. Leonforte went on to explain that you cannot convert a use of the building from a commercial to a residential unit whereby a bedroom has no windows (for example). Mr. Ernst questioned if there was any thought given to including the whole borough and lowering the fee to everyone. President Boyd stated that the committee discussed different scenarios and this is what was decided. Kimm Fisher wanted to know why they weren’t notified about this. He doesn’t get the paper. President Boyd stated that we discussed this before; it was advertised in the paper as we are legally bound to do. President Boyd stated that approximately ½ of the money that is owed has come in. The money goes toward the budget for code inspection. Discussion was held about walk through bedrooms and violations of the code. Mr. Fred Sheeler stated that this was in the code and a violation. Mr. Leonforte discussed the concept of walk through bedrooms. Mr. Leonforte stated that if there is a concern within the ordinance, bring it to the committee’s attention and maybe something can be done to change it. Mr. Ernst questioned if the public could have an open discussion with the committee. President Boyd stated that the committee is always open to discussion. The Property Committee meets on the first Tuesday at 7 p.m., which will be October 1, 2002 at 7 p.m. President Boyd stated that it would be pertinent and constructive to have specifics ready for discussion. A motion was made by Councilman Balthaser to rescind the International Property Maintenance Code and the fees. Motion failed for lack of a second. Scott Kreider asked that Council reconsider ceasing the ordinance and referring it back to the committee for further review. President Boyd stated that the concerns on the ordinance are going back to the Property Committee. Kay Greenawalt questioned what the interest or penalty would be for non-payment of the fees. A reminder letter will be sent to those individuals who have not paid the fee, giving them an additional 30 days to pay the fee. Fees will be due October 31, 2002. This will be for this year only. Concerns regarding the Property Maintenance Code should be addressed to the Property Committee. A motion was made by Roy Heffner and seconded by Charles Figard to approve the minutes of the September 9, 2002 meeting. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. Schlenker NAYES – None A motion was made by Diana Edwards and seconded by Dale Schlenker to approve the following reports: Engineer’s Report, and Finance Committee, ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. Schlenker NAYES – None HAMBURG MUNICIPAL AUTHORITY ENGINEER'S REPORT September 18, 2002 SANITARY SEWER SYSTEM
Systems Design Engineering, Inc. and Hamburg representatives met with MACA on Monday to discuss their sewer use fee. MACA projects their future production will be 75% of their previous production.
WATER SYSTEM WATER PRODUCTION
FINANCE COMMITTEE September 9, 2002 Attending: Lynda Albright, Jeanette Heckman, Roy Heffner, Rick Boyd, chuck Figard and Dale Schlenker.
company. the finance committee recommends and additional $20,000.00 be given to the Hamburg Fire Company to match last year’s commitment of $29,000.00.
Dale R. Schlenker, Chairman of Finance OLD BUSINESS NONE NEW BUSINESS On the recommendation of the Chief of Police, a motion was made by Charles Figard and seconded by Roy Heffner to hire Stacy Steinmetz and Crystal Sunday as crossing guards at the rate of $11 per full day. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. SchlenkerNAYES – None A motion was made by Leon Balthaser and seconded by Charles Figard to approve payment of invoices totaling $43,532.96 ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, D. Schlenker NAYES – None LIST OF BILLS AT & T 19.87 ARK RENTALS 59.34 BCMHIPG 14,992.52 BESTEST 57.00 BLUE MOUNTAIN COMPUTER SERVICE 481.99 BOCA INTERNATIONAL 261.00 BROWNING FERRIS INDUSTRIES 10,406.20 BURKHARDT MECHANICAL 201.00 ERICH’S SHARPENING SERVICE 30.50 FORT DEARBORN LIFE INSURANCE 187.00 INSIGHT 866.42 RANDY KLINE 100.00 KOCH MATERIALS 840.00 LEISAWITZ, HELLER, ABRAMOWITCH 700.60 LESHERS APPLIANCES 55.00 JP MASCARO 4,123.13 MET ED 3,090.63 NATIONAL UNIFORM RENTALS 175.60 NEXTEL 867.48 PENN FUEL PROPANE 24.07 PITNEY BOWES 32.74 RADIO MAINTENANCE 51.70 REED SMITH 662.50 SCHUYLKILL RIVER GREENWAY ASSC. 50.00 STETZLER, ROGER 17.50 SYNERGETICS 1,504.63 SYSTEMS DESIGN ENGINEERING 3,283.49 TRIANGLE COMMUNICATIONS 170.50 US MUNICIPAL SUPPLY 82.65 UNITED INDUSTRIES 86.27 WEIS MARKETS 18.43 YEAGER SUPPLY 33.20 TOTAL BILLS PAID DURING THE MONTH 43,532.96 SOLICITOR’S REPORT Nothing to report. UPCOMING MEETINGS/INFORMATION President Boyd stated that the Borough has received information that we received the grant for the school resource officer in the amount of $125,000.00
There being no further business, the meeting adjourned at 8:40 p.m. on motion of Jeanette Heckman and seconded by Charles Figard. ATTEST: Kim Y. Berger , Recording Secretary/Office Manager
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