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MINUTES FROM THE SEPTEMBER 9, 2002 MEETING OF BOROUGH COUNCIL The seventeenth regular meeting of the Hamburg Borough Council for 2002 of the Hamburg Borough Council was held this evening at the Hamburg Municipal Center with President Richard W. Boyd presiding. The meeting was opened with Pledge of Allegiance to the Flag and a Prayer. Members Present – Richard W. Boyd, Roy Heffner, Leon Balthaser, Charles Figard, Dale Schlenker, Jeanette Heckman Members Absent – Diana Edwards Also Present – Kim Y. Berger, Recording Secretary, Lynda Albright, Borough Manager Visitors – Kimm Montone (Pottsville Republican), Keegan Linder (Reading Eagle), Nikki Murray (Hamburg Item), Alean Tray, Brandon Hall, Rick Roth, Cherie Reichard, Kay Greenawalt, Dianne Leibensperger, Scott Kreider, Troy Hatt, Scott Thren, Buck Holtzman, William Grugan, Charles Hafer, Ann Hafer, John Leonforte, Shirley Dierolf, Domer Leibensperger A motion was made by Dale Schlenker and seconded by Jeanette Heckman to approve the amended agenda by adding under New Business: Recommend advertising the trash and recycling bids, recommend giving an additional $20,000 to the Fire Company and add the Property Committee under the reports section. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker NAYES – None COURTESY TO AUDIENCE Nikki Murray as a member of the Heritage Day Committee stated that "ducks" were on sale at the Item office for the 50/50 drawing for Heritage Day, which is slated for Saturday, September 28, 2002. The cost is $5 each. Cherie Reichard was present to speak about the International Property Maintenance Code. 1) The ordinance numbers do not coincide with the letter that was sent out. Her opinion was that this issue should invalidate the letter that was sent out. 2) There was never a motion made on December 10, 2001 when it was proposed for a fee, the amount of the fee was not stated. 3) You went ahead with the annual fee for the trash, then you went ahead and raised taxes, now this. She stated that this is not in anyone’s budget and asked council why they didn’t just go after those people who are not taking care of their properties? This can easily be seen by driving around the Borough. She questioned why everyone isn’t being charged. President Boyd responded and said that as far as the number is concerned there was a typo in the minutes. The numbers are valid. The solicitor said that this is not an issue. Councilman Heffner, the Property Committee chairman, stated that the ordinance was adopted unanimously on February 11, 2002. At that time it was presented with the fee. Manager Albright stated that it was advertised with a fee and there was a proof of publication. It was stated that each Chairman of the committee is responsible to keep notes and reports of the committee. The entire council takes official action and that is what is advertised. Discussion was held about how the public can be informed of ordinances. President Boyd stated that by state law we are required to advertise in a paper of general circulation. Normally things are advertised in the Hamburg Item, if time is short than it is advertised in the Reading paper. The Hamburg Item is the local newspaper and this is in compliance with the state law. President Boyd stated that in answer to the third question raised, there is a hand out addressing concerns that have been brought to our attention. These were available. The information appears at the end of the "Courtesy to audience". The Council believes that it is better to work with the public rather than cite them right away. This is more constructive. When the citation route is followed, it becomes very expensive to force people into compliance. We do not establish what the fines are, the District Justice does. In most cases it does not even come close to what the expenses are in citing an individual. In most cases the fine has been $25, which doesn’t begin to cover the code enforcer’s time when there has been numerous hours of time spent trying to get them to come into compliance. Funding the code enforcement officer’s time is where the fees come into play.Ms. Reichard stated that since the budget was opened twice, why wasn’t this fee included at that time. Mr. Scott Kreider asked why it took six months for the letters to go out when it was passed on February 11, 2002. Councilman Heffner stated that the ordinance had to be researched and analyzed carefully before the letters went out. President Boyd stated that, there were four issues that have already come up which represented health and safety, where rental properties were substandard, one, one being where a young girl was poisoned by lead paint. These are the issues that council looks at, and what should we be inspecting, why aren’t we inspecting them and where is the money going to come from to cover these costs. President Boyd stated that most complaints or violations are where there are rental or commercial properties. That is where the enforcement officer spends most of his time. Mr. Parsley stated that he is concerned that Council has set precedence. He is concerned that some administrator down the road will change the fees, things will get out of hand and the fees will be used as a tax enhancement device. Kay Greenawalt questioned what the Borough was going to do about the properties that are run down. Is something going to be done about these properties or are they going to be allowed to continue as they are? Why don’t these buildings get taken care of? Ms. Greenawalt stated that she doesn’t mind paying the fee, if the violations are going to be corrected. She is really opposed to the 30-day notice. Ms. Greenawalt spoke of two different properties that she is concerned about and has advised the zoning officer about. Mr. Leonforte, the zoning officer stated that these complaints have been handled from the day that the complaint had been filed. Mr. John Leonforte stated that he is addressing issues of violations. He is working with the people rather than citing them. The violations are being corrected. Sometimes it takes longer than what people would like, however, the properties are being repaired. He is not citing immediately so that we don’t have to go to court and cost the borough, the taxpayers of Hamburg, money. If anyone has a question about things that are being done, they should make an appointment with Mr. Leonforte and he will provide proof of what is being done. This is being done for the protection of both the residents as well as the property owners. Mr. Holtzman questioned why everyone has to pay to have the violator brought into compliance? Why can’t you just do it and put a lien against the property? Mr. Leonforte stated that the district justice does not do things that way. A lot of times the fines are only $25. Mr. Holtzman stated that if that is the case, we should see the President Judge and have them overrule the district justice. Mr. Leonforte stated that not all his time is spent on violations. Time is spent on people asking questions. He has received complaints on numerous occasions and the complaint was not valid. Mr. Leibensperger questioned that since Mr. Leonforte is a borough employee, why can’t his salary come out of the taxes just like everyone else’s salary. Why a separate assessment? President Boyd stated that most of John’s time is spent on these types of issues; Mr. Leonforte is an hourly employee. Mr. Kreider stated that he thought the Borough Council wanted the businesses to succeed, if that is their wishes, this fee is not helping. Mr. Hafer questioned what the penalty is for those not complying. President Boyd stated that it is on the agenda for this evenings meeting. The penalty will be up to $1,000 for those found not in compliance. Mr. Leibensperger asked if there was anything to be done. President Boyd stated that Borough Council unanimously approved the ordinance and it is in effect. Mr. Kreider stated that there is a policy in effect to ticket violators who do not remove their cars during street sweeping. Since the new chief has been in office there have been at least 5 different times that the tickets were not issued. Previously if no one was available to ticket, the prior Chief would do it. There are approximately 35 cars that are ticketed each street sweeping time. That would amount to about $3,000 in lost revenue. Would the Safety Committee please address this with the Chief? President Boyd stated that it would be referred to the Mayor. A motion was made by Leon Balthaser to rescind the International Property Maintenance Code and the fees. The motion failed due to the lack of a second to the motion. WHY PROPERTY MAINTENANCE CODE? Why Property Maintenance Code? To ensure structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unit for human habitation and use and the demolition of such unsafe structures. What properties are subject to inspection? All existing residential and non-residential structures and all existing premises. Why fees rather than fines? Fines should be the last resort as incentive to correct code violations; all services cannot be covered with fines; compliance is better achieved with service and assistance of the building department than with fines. Fees are more cost effective. Why fees for rentals and commercial units? These properties have higher density of life and are generally older buildings, have more transient use than single-family residences. Therefore, have a higher need for monitoring through inspections. Most complaints requiring inspection are this type of building. Who benefits from this program? All property owners’ benefit: Occupants of buildings not in compliance with the code will be provided a safer environment by correction of code violations. Owners of buildings not in compliance will benefit by inspections. These inspections will help reduce potential liabilities, the owners may not have been unaware of, thereby reducing exposure to legitimate law suits. Owners of well-maintained buildings will also benefit.
Examples of protection provided: Complaint: Abandoned smoke stack is a danger to surrounding properties. Response: Code enforcement works to have stack removed. Complaint: Building is partially collapsed and presents a danger. Response: Code enforcement works to have building demolished.
Complaint: Building is vacant and accessible and presents a fire danger. Response: Code Enforcement works with building owner to remove fire fuel, provide fire protection and secure building from easy access.
Complaint: Property is abandoned; garbage and trash endanger the health of neighbors Response: Code Enforcement works with owner, bank or realtor to have trash removed.
Complaint: Fire burns business. Work continues in burned shell for more than a year. Employees have no water or lavatory. Work in unsafe environment. Response: Code Enforcement works with owner to have dangerous portions of burnt out building removed. New building erected with minimum facilities available to employees.
Complaint: Occupants of apartment buildings place mattresses, trash and furniture in alley behind building endanger the safety of neighbors. Response: Code Enforcement works with owner, to have mattresses and trash removed.
Complaint: Occupant of apartment building complaints of roach infestation endanger the safety of neighbors. Response: Code Enforcement works with tenant and owner to have extermination done.
Complaint: Call contends neighbors yard is filled with garbage and endangers the health of neighbors. Response: Code Enforcement visits site. Finds no trash. Complainant says, "They just removed the trash. A motion was made by Roy Heffner and seconded by Charles Figard to approve the minutes of the August 28, 2002. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker NAYES – None A motion was made by Jeanette Heckman and seconded by Dale Schlenker to approve the following reports: Borough Manager's Report, Public Works Supt. Report, Water/Sewer Supt. Report, Office Manager's Report, Treasurer's Report, Recreation Directors Report and Property Committee Report. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker NAYES – None BOROUGH MANAGER’S REPORT -AUGUST, 2002The Borough Manager’s activities for the month of August, 2002 included the following: Held staff meetings to discuss various issues with supervisors. Spent a lot of time with June Hilbert, Recreation Director regarding personnel issues at the pool. It was decided that I would meet with her and the guards and a meeting was set up for Wednesday evening, August 14. Many concerns were raised and various ideas were brought forth which will be implemented next year. Overall, the meeting was successful and worthwhile. Attended the Hawaiian Luau at the Pool on Thursday, August 8th. It was a great event and well attended. I have discussed several different ideas with the Recreation Director for upcoming years. On Tuesday, August 13, met with Wendy Malehorn of Pa. Rural Water Association. We discussed the status of our water supply, protection of our water system and various other issues. On Wednesday, August 14, attended a hearing in Strausstown with Sgt. Painter regarding the incident at the Reservoir with the fence being knocked down. Spent time with Chief Zelinsky going over his proposed 2003 budget. On Friday, August 16, attended the "Our Town Foundation Celebration" to formally "kick off" the Main Street program. The event was well attended by various business people and dignitaries. Attended Community Days both on Friday, August 17 and Saturday, August 18. There was a favorable turnout and it proved to be another successful year. On Monday. August 19, attended a Special Authority meeting to discuss possible use of the Authority’s water system by the Hamburg Center. On Monday afternoon, August 19, Chief Zelinsky and I met with Fred Sheeler and Judy Barkman to review and discuss their plans for the first Heritage Day Celebration. On Tuesday, August 21, Kim Berger and I met with a representative from Copy World to discuss the possible lease or purchase of a new copy machine for the office. A proposal has been received and is being reviewed with the Property and Finance Committee. Met with John Leonforte to discuss various issues he is working on; also spent time reviewing the new property maintenance code and related issues and I have authorized those letters and forms to be sent out at the end of month to the various businesses and property owners affected by this new ordinance. Spent time with Doug Kramer of Synergetics reviewing the problems with our HVAC system and trying to reach some resolution. Also working with Doug to finalize the outstanding items needed to be done as part of the renovation of the building. Handled utility billing issues as well as various complaints regarding weeds, trash, zoning issues. Spent time reviewing departmental budgets and preparing for 2003 proposed budgets. It is anticipated the proposed budget will be ready for presentation to the Finance Committee in October. In addition to the two regular council meetings, attended Authority, Finance, and Property committee meetings. If anyone has any questions regarding my report, please feel free to ask. Attached with my report are the activities of my staff for the month of August, 2002. Lynda G. Albright, Borough Manager PUBLIC WORKS SUPT. REPORT - AUGUST 2002 During the month of August, the Borough Crew completed the following: AUTHORITY PROJECTS Time was spent cutting weeds around the impounding dam at the reservoir. The crew cut the sewer plant field. Repaired a ½" service line at 226 S. 4th Street. Put in a new ¾" service line at Peach Alley. Street signs continue to be repaired as well as cold patching around the borough. The crew assisted in moving furniture around the borough offices. A lot of time has been spent working on hot patching around the borough, and sealing cracks around town. Time was spent working with the contractor and talking to the public about the alleys that are in the process of being paved. Painting was done at both the flood control dams as per DEP’s instructions. The crew dug out the shoulder on Pine Street and laid down stone and black top, widening the road. The inlets at 5th and Poplar Streets were repaired. A good deal of time was spent working on installing the inlets and the pipes on Geary Drive. More of this work to come. PARK/POOL Maintenance items continue to be done. Richard L. Pickel Public Works Superintendent WATER/SEWER SUPERINTENDENT’S REPORT -AUGUST 2002Water There was a computer error August 3rd at the water plant which caused the filters to back wash more than 20 times over night. The proper reports have been made to the PaDEP and the plant was back on line the next day. Tony and I met with representatives of Phila. Water Co. on a source water risk assessment. Phila. Water has a contract with PaDEP for this region. Due to problems with their water filtration plant officials of Hamburg Center approached the Municipal Authority to supply water to the Center. After meeting with Hamburg Center and being assured there could be no cross contamination of our system we are now supplying water to them. We are now totally on well water, after spending most of the month running 1 filter and supplementing that with well 5. The Governor has once again extended the drought emergency and
strict water use rules are in effect. Enforcement of these rules lies with the
police and I have spoken to the Chief in regard to that. We have completed cleaning on all tanks with everything back on line except one secondary clarifier which is not needed. The dechlorination system is still being run in the manual mode. All parts are here and will be installed soon. There have been some minor glitches and we continue to work on that. There have been several power failures at the plant over the last several weeks and the alarm company did not notify us. I have spoken to them and we are upgrading the system to include the sections of the plant that are not on the alarm system. I met with Steve Bright of EJB to lay out the scope of the paving to be done at the plant. It should be completed within the next few weeks.
OFFICE MANAGER’S REPORT – AUGUST 2002 During the month of August, I attended two Council meetings and two staff meetings. August was again a very busy month for the Borough Office. There was a lot of time spent working on the Civil Service Rules and Regulations, correspondence to the different individuals who will be performing the different examinations, speaking with the Solicitor and revamping different forms. A lot of time was spent gathering the information necessary to mail the property maintenance letters and invoices. Hawaiian Day was a success. I assisted June by picking up the sno cone machine and then returning it. I spent some time taking pictures and then placing them on the web page. In addition, I repaired the pool time clock so that it reads the time correctly. Throughout the beginning of the month assisted the Community Day Committee with the report of expenses and revenues, also assisted June with different details. Various complaint letters and phone calls were made to property owners, such as sumac trees, weed notices, parking violations for the trash collector, water leaks, debris accumulation. Various letters concerning parking space requests, closing streets and thank you letters have been sent. Revised new business cards for Lynda and myself, reflecting the new email addresses. Assisted the recreation director and lifeguards with various personnel issues. This has been turned over to the Borough Manager. Assisted the Historical Society in obtaining entrance to remove their items from the storage room. Met with a representative from Software Systems Inc. with updates to the system. Attended the Main Street Induction Ceremony on August 16, 2002. Time was spent working on budget for 2003. A representative from Copy World gave a presentation of a new copy machine for our office. The Borough Manager will be discussing this with the appropriate committee. Time was spent organizing and moving items around the Borough Office as well as Lynda’s office. The Board list has been amended and copies distributed. Assisted the police department with a case of a dead crow.
Respectfully submitted, Kim Y. Berger , Office Manager
RECREATION DIRECTOR’S REPORT FOR AUGUST, 2002 August started with a busy first week. The pool was very busy with activities and with the hot weather we enjoyed a high percentage of attendance. The employees and I spent most of our free time that first week with the children with final preparations for our Special Day, which we called "Hawaiian Day at the Hamburg Pool." We decided on the theme since there are so many dance schools in Hamburg that are involved with Polynesian Dancing. By August 7th we had all the Hawaiian Food prepared in the Food Stand. All the decorations were in place as we waited for the gates to open. It was a wonderful day at the pool. The children all came dressed Hawaiian with the things we made on Activity Days. They enjoyed all the games and food. Hawaiian music was played all day long. We were visited by three different news medias. The write-ups in the Pottsville, Hamburg and Reading Papers, along with the pictures, was more than we could ask for. The next two weeks were Hot, Hot, Hot. We had the pool open and free to the public on Community Day. It was full and although we had no compensation to get in we had a healthy day with the food sold at the snack bar. After Community Days, the attendance started to slow down as it does each year. Parents and children are getting ready to return to school and we are preparing to end the pool year. The playground closed one week later than usual, since the attendance there was better than the year before. They also enjoyed a busy year. Even though my first year I have enjoyed being your Recreational Director, I was fortunate for all the help from Borough Employees and Lynda Albright’s guidance. I will be spending most of my time this winter planning for Summer "2003" to help improve operations of the Park and Pool.
Sincerely, June P. Hilbert Recreational Director PROPERTY COMMITTEE REPORT AUGUST 6, 2002 Property Committee Minutes 8/6/02 Chairman – Roy R. Heffner Attending: R. Boyd, D. Schlenker, J. Heckman, C. Figard, L. Albright, D. Longacre (Our Town)
OLD BUSINESS On the recommendation of the Property Committee, a motion was made by Roy Heffner and seconded by Charles Figard authorizing the Borough Manager to advertise a proposed ordinance setting penalty provisions for the International Bldg. Code, International Residential Code and International Property Maintenance Code. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, D. Schlenker NAYES – L. Balthaser NEW BUSINESS On the recommendation of the Borough Manager, a motion was made by Jeanette Heckman and seconded by Dale Schlenker to take action giving permission for the High School to hold their annual Parade and Bon Fire on Friday, September 20, 2002, with same conditions as in the past. (No streets will have to be closed and the bon fire will not be held if there is still a ban on burning,) ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker NAYES – None On the recommendation of the Finance Committee, a motion was made by Dale Schlenker and seconded by Charles Figard to authorize the Borough Manager to advertise for bids for the 2003 trash and recycling contracts. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker NAYES – None On the recommendation of the Finance Committee, a motion was made by Dale Schlenker and seconded by Leon Balthaser to authorize an additional $20,000 to the fire company for a total of $29,000. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker NAYES – None At this time President Boyd presented the check of $29,000 to Chief Troy Hatt for the Fire Company. A motion was made by Charles Figard and seconded by Jeanette Heckman to approve payment of invoices totaling $135,166.62. ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, C. Figard, L. Balthaser, D. Schlenker NAYES – None LIST OF BILLS ALTHOUSE JANITORIAL SUPPLY 47.95 AMES DEPT. STORE 59.75 BOC GASES 44.90 BARKO CLEANING 684.00 COUNTY OF BERKS 1,566.35 BERKS-MONT NEWSPAPERS 411.59 BLUE MOUNTAIN COMPUTER SERVICE 120.00 E-MAC DAIRY BRUSH 119.80 EJB PAVING 1,239.43 EARTHLINK 47.90 EDENBURG WELDING 200.50 BETHANY EMES 100.00 EVANS FOOD DISTRIBUTORS 155.04 ICI DULUX PAINT CENTERS 76.44 MIKE KERSHNER 157.25 KUZANS 113.18 LOWE’S 39.85 M & T BANK 21,705.60 PAUL MELNICZEK 152.00 MET-ED 5,860.06 METROCALL 9.95 MOUNTAIN VIEW SUPPLY 73.07 MEIT 123.00 PPL UTILITIES 314.43 PENN PRIDE 752.75 QUILL CORP. 77.93 REIDER ASSOC. 200.00 RELIABLE 114.61 SCHLENKER MOTORS 193.60 STAPLES 52.76 SYNERGETICS 1,500.00 THYSSENKRUPP ELEVATOR 143.77 VERIZON 433.46 WESTERN AUTO 38.99 WIN OUTLET 265.80 WINDSOR DISTRIBUTING 608.93 WINDSOR PRESS 225.48 SUBTOTAL $38,123.09 BILLS PAID DURING THE MONTH $97,043.53 TOTAL FOR APPROVAL $135,166.62 INFORMATION ITEMS
There being no further business, the meeting adjourned at 8:20 p.m. on motion of Charles Figard and seconded by Roy Heffner.
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