MINUTES 1/30/01

MINUTES FROM SPECIAL COUNCIL MEETING 1/30/01

There was a special meeting of the Hamburg Borough Council held this evening at the Hamburg Municipal Center with President Richard Boyd presiding.

Members Present - Richard Boyd, Jeanette Heckman (6:25 p.m.), Roy Heffner, Charles Figard, Leon Balthaser, Diana Edwards (6:02 p.m.), Scott Kreider

Members Absent – None

Also Present – Lynda G. Albright, Borough Manager, Solicitor Speicher

Visitors – Thomas Zelinsky, Harold Holtzman, Fred Sheeler, Karen Boltz, Jim Troutman, Dorothy Balthaser, Mike Adam, Michael Kershner, Ben Symanowicz, Lee Degler, James Gilmartin, Alison Huyett,(Reading Paper) Nikki Murry,(Hamburg Item) Bob Mazaika, Steve Katz, Leroy Dietrich, Steve Balthaser, Tim Romig

A motion was made by Charles Figard and seconded by Roy Heffner to approve the agenda.

ROLL CALL: AYES – R. Boyd, R. Heffner, D. Edwards, C. Figard

NAYES – L. Balthaser, S. Kreider

President Boyd stated that the purpose of this meeting was to discuss action which was taken at the January 24, 2001 meeting. The action that was taken has brought two major projects virtually to a standstill. The Borough now has no qualified individual to act as building code inspector or zoning code inspector.

President Boyd presented the following resolution for consideration to amend this matter.

R E S O L U T I O N

Be it moved that the firm of Systems Design Engineering, Inc. of Wyomissing, PA be appointed assistant Building Inspector and Zoning Enforcement Organization for the Borough of Hamburg.

Further, that they are to utilize only individuals fully certified to BOCA and KABO code requirements.

Further, that the rate of compensation of $35.00 per hour or less be paid plus mileage and travel expenses for these services.

Further, that a minimum 2 week period be established for scheduling of inspections and review of prints for all permit applications.

Further, that missed scheduled inspections of date and/or time by a permit holder be billed to the property owner at the rate of 2 times the billed costs from Systems Design Engineering.

Further, that code violations requiring a re-inspection be billed to the property owner at the rate of 2 times the billed costs from Systems Design Engineering.

Further, that no Occupancy Permit shall be issued until all outstanding invoices are paid in full.

Further, that Mr. J. Wertz be engaged for an orderly transition of the projects underway at the High School and the Medical Center to Systems Design Engineering, Inc. control at the previously agreed to compensation rate.

Further, that Mr. J. Wertz be engaged for an orderly transition of the projects other than those underway at the High School and the Medical Center to Mr. J. Leonforte at the previously agreed to compensation rate.

Further, that Mr. J. Leonforte be directed to hold regular hours on Monday evening from 6:00PM until 8:00PM (or times as otherwise established by the Borough Manager) to answer building and zoning questions which may arise from the residents of Hamburg and that this be done at the previously agreed to compensation rate.

Further that the present threshold value for a building permit be raised to $5,000.00 of fair market value services while maintaining the requirement for building permits for all construction regardless of value involving structural issues and occupant or public safety or health.

Further, that the minimum permit fee be raised to $250.00 for permits requiring an on site inspection plus an additional $100.00 for each on site inspection requirement beyond the first.

Further, that a fine of $100.00 per day be established for any property allowing work to be done after a stop work order has been issued.

Further, that a fine of $100.00 per day be established for any property owner who allows work to be performed after notice of a requirement for a building permit has been served. The fine period shall start one week after notice.

President Boyd stated that we have spent $4,000 for Wertz to review the Hamburg High School plans and attend contractors meetings.

Councilman Balthaser stated that he spoke with the Tilden Township Manager about who they had for a building inspector. They don’t have a building code. L & I inspects the buildings and the Industrial Park is booming. Councilman Balthaser also has a fax from Charles Miller stating that there is an on site inspector on the premises at all times. President Boyd stated that Mr. Wertz has already found two building code violations (both had life threatening issues and both were corrected as soon as the school was made aware of them).

President Boyd also stated that the on site inspector is only looking for compliance with specs not building code issues. It is our right and duty to establish a building code.

Boyd also stated that if the school felt that they didn’t need inspections, they should have attempted to have the building permit waived.

A motion was made by Leon Balthaser and seconded by Scott Kreider to table the resolution, due to the fact that the Council has just received the resolution before meeting and Council should have time to review it before passing it.

ROLL CALL: AYES – D. Edwards, L. Balthaser, S. Kreider

NAYES – C. Figard, R. Heffner, R. Boyd

The vote failed due to the fact that there needs to be a majority in order to pass the motion.

President Boyd commented that the Hamburg High School project will probably not need inspections for approximately two weeks, however, after that they will need inspections again. Also that the Hamburg Family practice would like to move forward. If the resolution is not passed, then these two projects would be held up. President Boyd stated that this is a temporary fix until the property committee can make further reviews.

A motion was made by Roy Heffner and seconded by Charles Figard to accept the resolution.

Further discussion ensued. Solicitor Speicher had a concern about the fine issue. We need to set it according to law.

President Boyd stated that Mr. Leonforte will do the residential inspections, Mr. Wertz will do the 2 major projects and that Systems Design Engineering would be the inspector for commercial projects.

Councilwoman Edwards questioned the minimum two week wait for inspections. President Boyd stated that we need this time frame because we are using an outside firm and they have to schedule their time.

Councilwoman Edwards also questioned how long the transition would take. President Boyd stated that it would be very short and that Lynda would have to control the time frame for the transition.

Councilwoman Heckman arrived.

Councilwoman Edwards questioned what the KABO code was. President Boyd explained that it was for single and two family dwellings. This code is more relaxed than the BOCA code.

Councilman Figard asked if this resolution could be amended at any time in the future and President Boyd stated that he was correct.

Solicitor Speicher stated that the fines must be established for the resolution.

Councilwoman Heckman stated that we need to keep things simple for the contractors and residents and keep the communication open for all concerned.

President Boyd stated that the scheduling of office hours will help. Councilwoman Edwards questioned when the hours will start. President Boyd stated that this should occur ASAP

A motion was made by Scott Kreider and seconded by Leon Balthaser to Call to Question.

Vote to end debate: ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard, L. Balthaser, S. Kreider
NAYES – None

Vote to adopt the resolution: ROLL CALL: AYES – R. Boyd, R. Heffner, J. Heckman, D. Edwards, C. Figard NAYES – L. Balthaser, S. Kreider

There being no further business, the meeting adjourned at 6:35 p.m. on motion of Roy Heffner and seconded by Diana Edwards.

Attest:

Kim Y. Berger

Recording Secretary/Office Manager