The fourteenth regular meeting of the Hamburg Borough Council for 2003 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, Dale Schlenker, Charles Figard

Members Absent – Jeanette Heckman, Scott Kreider

Also Present – Lynda G. Albright, Borough Manager, Kim Y. Berger, Recording Secretary, Mayor Del Rosario, Solicitor Speicher

Visitors- Merav Bushlin (Reading Eagle), John Sterner, Peggy Sterner, Garnetta Heckman, Cherie Reichard, Kimm Montone (Pottsville Republican), Nikki Murry (Hamburg Item), Thomas Zelinsky, Heather Breininger, Kelly Breininger, David Berger, Norma Berger, Brad Breininger, Inga Heffner, Donna Smith, Moises Arce, Tracy Arce

A motion was made by Dale Schlenker and seconded by Charles Figard to approve the amended agenda.

ROLL CALL: AYES – R. Boyd, R. Heffner, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

COURTESY TO AUDIENCE

Mr. Moises Arce stated that for many months he has been bring several issues before the council in regards to the ineffectiveness of the Chief of Police. Mr. Arce stated that he will bring some more evidence before council regarding the Chief.

Mr. Arce handed out folders of paperwork to the councilmen, the solicitor, the Manager and the Mayor.

Mr. Arce stated that per the rules, J & T Auto has been submitting bills to the police department and the secretary "boots them back". The bills in the folder are for actual days they are due upon receipt. If the bills are not paid in full by Friday, the cars will be moved to the municipal parking lot. Mr. Arce stated that he has seven vehicles, however, is only billing for four. Mr. Arce stated that the Chief and his secretary are incompetent. The bills total around $51,000.

Solicitor Speicher questioned if the vehicles were impounded following the ordinance. Mr. Arce stated that they were. Solicitor Speicher asked if these vehicles deserted on the roadway and notices placed upon the vehicles. Mr. Arce stated that he did not bill for them, but he could if that is what the solicitor wanted. Mr. Arce reported that the vehicles are for drug seizure, stolen vehicles, etc. Solicitor Speicher stated that those were not impoundments. Mr. Arce stated that the police officers told him to impound them and that is what J & T Auto did. Solicitor Speicher stated that we had to follow the ordinance. Mr. Arce stated that we have rules; the borough council should follow them.

Mr. Arce stated that he had a copy of a letter that was directed to the Mayor from the Chief of Police in Shoemakersville. Mr. Arce read the letter which pointed out a few issues: 1) An emergency PFA was issued on 5/17/03 and the Shoemakersville Police Department did not receive a copy until Sgt. Painter saw it was not sent and gave it to Shoemakersville on 6/23/03. Chief Yocum is concerned about liability and safety. Chief Yocum thanked Sgt. Painter for once again taking care of Chief Zelinsky and the secretary’s job. 2) According to the cross coverage agreement, the reports are to be faxed to the department at the end of the shift. This is not being done. 3) On 6/23/03, Chief Yocum received copies of reports from February, hand delivered by Officer Mengle. 4) Some problems with no response to calls to date, one lady had called for police and is still waiting to this date. 5) Makes the Shoemakersville Police Department look bad. 6) A missing juvenile case that Chief Zelinsky handled. Chief Zelinsky did not enter the child into NCIC as a missing juvenile. An Officer in Center Township heard the call and found the juvenile. This officer handled the case that should have been handled by Chief Zelinsky. 7) Shoemakersville will not renew the cross coverage agreement with the Borough of Hamburg. 8) The agreement was good when it was initially instituted with Chief Schappell. Both departments did a lot of each other and worked together. Under the current situation only the officers work well together, not the Chief.

Mr. Arce questioned if the Nextel was back. Manager Albright stated that it was turned in today and she has everything.

Mr. Arce questioned Mr. Boyd if he was a police officer. He stated that he was not. Mr. Arce questioned why he was copied on a letter he received from the Chief of Police regarding his scooter.

President Boyd questioned the Mayor as to if this was discussed between Chief Zelinsky, Mayor and himself. Mayor Del Rosario said that there was discussion and that he had more information, he brought back. President Boyd questioned if he received a copy of the letter and Mayor Del Rosario stated that he must have received it after he left.

Mr. Arce stated that he has produced nothing but evidence against the police Chief and nothing is being done about it.

Ms. Reichard questioned if there was going to be courtesy to the audience. President Boyd stated that she was not on the agenda. President Boyd stated that council does not have to allow the public to speak, however, he would allow her to speak.

Ms. Reichard stated that everyone else on council except the President of Council, opened up the folder that was handed to them by Moises Arce. Why didn’t Mr. Boyd open it up? This proves that Mr. Boyd does not care what is going on? President Boyd stated that he is conducting the meeting and he will look at it afterwards.

Ms. Reichard questioned that if there was an emergency, there are no emergency exit lights to direct people out of the council room. The Council should look at this liability. President Boyd stated that Mr. Balthaser has brought that to our attention previously and it was investigated and we are in compliance with the law.

Ms. Reichard questioned the status of the clean-up at 547 Franklin Street. There is horrible odors, dumpster over flowing with garbage. It has been close to 7 months now. Manager Albright stated that she will follow up with the code-enforcement officer and call her.

Ms. Reichard stated that the issue with not allowing connections to the sewer is still not resolved and this is an issue with Cabela’s coming. Is the borough working with the authority to get this resolved?

Manager Albright stated that there was a corrective action plan ready to be submitted to DEP and hardship cases are being allowed to connect. We anticipate receiving some information regarding this within the next 30-60 days. There is nothing that the borough can do. The authority is working on it.

President Boyd questioned Councilman Balthaser asking why the water/sewer committee has not met? Councilman Balthaser stated that he talked to Greg Unger of Systems Design to try and get a response within 60 days and he was told there was no guarantee. President Boyd questioned where the report was for the water and sewer committee. Councilman Balthaser stated that they were working on it. President Boyd stated that the committee has not met. Councilman Balthaser stated that he has been attending the authority meetings. Mayor Del Rosario stated that in Mr. Balthaser’s defense, when he was chairman of water and sewer, they didn’t meet either.

Ms. Reichard questioned who she could speak with regarding the decision to move the District Justice to this building.

Manager Albright stated that it would be Faith Phillips, solicitor of Courts. Manager Albright stated that she could see that Ms. Reichard gets a phone number.

Ms. Reichard questioned if the borough was going to be assisting with police protection when Cabela’s opens. It was stated that the PA State Police would be coordinating the protection. It is not anticipated that the borough will be involved in that at all.

A motion was made by Roy Heffner and seconded by Dale Schlenker to approve the minutes of the meeting.

ROLL CALL: AYES – R. Boyd, R. Heffner, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

A motion was made by Charles Figard and seconded by Roy Heffner to approve the following reports: Engineer’s Report, Road Committee Report and Safety Committee Report.

ROLL CALL: AYES – R. Boyd, R. Heffner, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

SANITARY SEWER SYSTEM

SEWAGE TREATMENT PLANT ISSUES

Flows at the plant have returned to normal since the recent storm events in June. Treatment is within normal parameters, but plant personnel are using some polymer to assist settling at times.

The recent break-in and destruction of the two MCC continues to be in the forefront of activity. Systems Design Engineering, Inc., Kershner Electric, and plant personnel continue to effect repair efforts. The new MCC panels arrived last week. The first set was installed by Kershner and are in operation. The second set is currently under repair, being coordinated with Met-Ed for disconnection of the main electric feed. Dissolved oxygen is being monitored and balanced to the best ability by operation personnel. This procedure is difficult at best and settling problems have been encountered.

Systems Design Engineering, Inc. has met with the insurance company and provided them with alternatives and costs for equipment replacement. All the costs are being handled separately for submittal for reimbursement.

Systems Design Engineering, Inc. and Keith Brobst will discuss security issues at the meeting.

CORRECTIVE ACTION PLAN

The Corrective Action Plan was submitted to PA DEP for approval. Systems Design Engineering, Inc. will present an update at the meeting.

MID-ATLANTIC CANNERS (no change)

Systems Design Engineering, Inc. continues to talk with MACA on future needs. The Authority has received a letter from MACA pursuant to organic load. MACA is considering an additional capacity purchase of 200 pounds of BOD to take their long term capacity from 700 to 900 pounds. Systems Design Engineering, Inc. is using this request in the capacity review and we have stated the MACA that this capacity should be negotiated for purchase by year end.

EDENBURG P.S. COLLECTION SYSTEM REPAIRS

Repairs to the manholes and pipes are substantially complete. Borough staff has completed a significant portion of home inspections during this reporting period. Keith Brobst will report on the inspections.

SPECIFICATIONS (no change)

The solicitor and Systems Design Engineering, Inc. are meeting to bring the draft specifications to completion.

PROJECTS

Systems Design Engineering, Inc. has tabulated the bid results for sludge disposal received at the May meeting. The contracts are being put together for signature.

NPDES Permit Renewal-In progress

WATER SYSTEM

WATER PRODUCTION

The impoundment dam remains full with recent rains greatly improving inflow. Most production this reporting period has been from the surface water filtration plant, with some production from the Well field to supplement needs due to the recent breakdown of Filter 1. Repairs of the air header under the clarifier, re-gasketing and painting of the clarifier are nearly completed.

Systems Design Engineering, Inc. continues to work with Plant Personnel on new and proposed regulations that may effect the system in the future.

The report on the Filter Plant Performance Evaluation (FPPE) was received. The system received a satisfactory rating. Plant operators are to be commended on this review and rating. Systems Design Engineering, Inc. is working with the operators on some recommendations included in the FPPE.

PA DEP is offering assistance in performing a filter plant tracer study for HMA’s system. A letter on this issue is attached. The study is offered ay no charge and is strictly voluntary. Systems Design Engineering, Inc. will discuss the implications of the study with the Authority.

WATER PROJECTS

Systems Design Engineering, Inc. is working with plant personnel on the addition of a combined turbidimeter and SCADA system to record turbidity and direction of flow, i.e., waste or to system.

Controls at Well 5 continue to require some attention. Systems Design Engineering, Inc. is working with Kohl Brothers on improving the level control of the high service pump.

A sketch for the improvements to Manhole 1 (finished water line behind the plant) has been submitted to DEP for approval and has been verbally approved. Construction of the improved manhole should be completed shortly.

HAMBURG CENTER

The Authority has been supplying water to the Center since the middle of August. There are no adverse engineering problems to report. Keith reports they fixed a water leak that has significantly reduced the Center’s use.

Systems Design Engineering, Inc. has been contacted about new capacity numbers for both water and sewer. Hamburg Center representatives are scheduled to be present at the meeting to discuss the issues.

VULNERABILITY ASSESSMENT

Systems Design Engineering, Inc. is working on the Vulnerability Assessment for the water system and will report recommendations for review.

The committee met at 7:00 p.m. Tuesday 15, July. Present were Lynda Albright, Chief Zelinsky, Mayor Del Rosario, Leon Balthaser, Rick Boyd, David Longacre and Charles Figard.

Visitors were Tracy & Moises Arce, Mr. & Mrs. Leiby and Michael Warnicki.

Mr. & Mrs. Leiby requested painting yellow a section of curbing in front of their mailbox to deter drivers from blocking the box. This is a motorized route and mailbox access is needed. Committee recommended approval, borough will do the painting.

Committee recommended reducing the required impound bond to the amount required by the state, and that the ordinance be so amended. It is also recommended that the present impound ordinance be updated by John Speicher as needed.

Discussed payment of bills presented by J and T Auto. Two will be paid by the borough, the remaining four involve impounded vehicles which Chief Zelinsky will verify and take action to settle the matter.

Request was again made by J and T Auto to make west end of Schuylkill Avenue a two-way section to avoid use of the present entrance at the old railroad hump. Committee members will look at the situation again to verify that adequate space exists for turn-a-rounds.

Mayor Del Rosario requested replacing missing No Parking Signs for south side of Franklin street which was approved. Also requested were break-away stop signs for use at 4th & Route 61 when traffic lights malfunction. The mayor will check on costs from other municipalities that use the signs.

David Longacre requested permission to use firearms in a re-enactment event during Heritage Day. He will provide information concerning weapons to be used and locations to the Borough Office. Previous similar requests have been approved.

Rick Boyd, Barta, and Schuylkill Transit System (STS) reps and Jerry Knowles, aid to Representative David Argall have had a meeting to discuss public transportation into the area, link-up of Barta & STS in the Tilden Industrial Area and bus stop location(s) in Hamburg, More information will be forthcoming from Barta & STS.

Charles Figard

7/9/03

Attending: Rick Boyd, Scott Kreider, Dale Schlenker, Rick Pickel, Lynda Albright

Tim Jones (Curb Cuts) was requested to provide the Borough with a list of locations for curb cuts. He provided a list with streets to be repaired. Port Clinton Avenue – (Williams St. to 4th St.) North 5th Street – (Ridge Street to State Street).

These roads are on the list of streets to be repaired in the future as funds become available. He will be contacted to clarify his concerns.

Kehr/Correll Agreement – (Storm drain work) This project is in the hands of the engineers. There are three homes involved. Rick Pickel will contact these parties to give them an update.

4th & Pine Street Intersection - Area has been temporarily fixed. Bid specs will be put out for bids for completion and reconstruction this year. The Hamburg Municipal Authority will be funding this project.

West State Street & other bridges - 2 year inspections are due for 3 bridges, we are responsible for. Representative Argall will be contacted to see if the sidewalk on West State Street and State Street (Pizza Como) Bridges can get a temporary asphalt overlay for aesthetic and safety reasons until the bridges can be reconstructed by Penn Dot.

Rick Pickel and myself will be touring the Borough to survey the roads and prepare a 5-year plan for street work. Streets will be prioritized by need - reconstruction, overlay, or in good shape. Streets needing curb work will be identified so proper notice and sufficient time can be given to residents. Any input to prioritization or other suggestions is welcome. This list should be available by the next road committee meeting in August.

Municipal Lot Reconstruction - The entire lot will need specs to be bid with 4th & Pine Street intersection to get a better price. Some work needs to be done before this can be completed such as: Grading, relocating police steps (rear entrance). The area behind the library will not have a final topcoat overlay as they are looking at future expansion. Rough base for municipal lot will be done only until construction crews have completed their work on 2nd Floor (District Justice Offices)

Prohibit truck traffic in alleys - trash pick-up for some alleys has been relocated to main streets as older alleys cannot withstand the heavy loads. We can control trash trucks to some degree, however; there is other traffic such as fuel oil truck, local merchant deliveries, etc. that also needs to be considered.

Street Signage - We received a request to sign alleys. This is very expensive and locating posts to apply signs would be difficult and they are constantly bent or knocked over by large truck traffic; thereby, adding to the list of work needed to be done by our overworked and under manned road crew.

Dale Schlenker will be ordering (14) public info and directional signs for

downtown. (i.e. Parking, Business District, etc.) They will be 18 x 24 @ a reduced cost of approximately $400.00 through a Mercer Co. Prison Program. The road crew will locate and erect them to aide visitors and Cabela’s shoppers.

Respectfully Submitted

Scott A Kreider

Chairman

ADULT BOOKSTORE ORDINANCE – PUBLIC HEARING – SOLICITOR SPEICHER

Solicitor Speicher stated that we advertised this ordinance in the Reading newspaper, on July 10, 2003. To modify the zoning ordinance to establish a zone whereby adult entertainment facilities are permitted.

Solicitor Speicher stated the borough is not advocating adult entertainment. PA Law requires a zone be established for all legal uses within each municipality. The Borough is attempting to regulate where these establishments may be placed.

This area is in the south end of the borough. The zone will be south of Woodland Road and South of Station Road, basically along Route 61.

Cherie Reichard asked if there were any restrictions for fencing to hide this establishment. Solicitor Speicher stated that they must still submit a land use plan to start. We can require screening of some type.

Ms. Reichard questioned if we can restrict hours. Solicitor Speicher stated that we could probably restrict lighting, etc.

Mr. Arce questioned how much legal fees were for this as well as other police issues. Solicitor Speicher stated that the bills have the breakdown.

President Boyd stated that we had to get back to the public hearing. Solicitor Speicher stated that Mr. Arce could go to the borough office and obtain copies of the Solicitor’s bills.

Mr. John Sterner questioned if the ordinance described the adult entertainments. Solicitor Speicher stated that the ordinance was very specific.

On the recommendation of the Solicitor Speicher, a motion was made by Dale Schlenker and seconded by Charles Figard to adopt the ordinance dealing with establishing a zone for adult entertainment.

ROLL CALL: AYES – R. Boyd, R. Heffner, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

Mayor Del Rosario read two proclamation for parking: 1) for Community Days, 8/15/03 and 8/16/03:

One way traffic from 6 a.m. to midnight.

2) Sidewalk Sale – 8/9/03 – parking is prohibited on State Street between 3^rd and 4^th Street and S. 4^th Street between State and Pine.

On the recommendation of the Borough Manager, a motion was made by Roy Heffner and seconded by Charles Figard to hire Ashley Bailey as a lifeguard for the Hamburg pool, effective immediately.

ROLL CALL: AYES – R. Boyd, R. Heffner, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

On the recommendation of the Borough Manager, a motion was made by Charles Figard and seconded by Leon Balthaser granting permission for the business association to hold Heritage Day on September 27, 2003 and close the affected streets and also to permit the annual Christmas/Holiday parade on November 29, 2003.

ROLL CALL: AYES – R. Boyd, R. Heffner, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

A motion was made by Charles Figard and seconded by Leon Balthaser to amend the original motion to include that in both cases they have requested use of the municipal parking lot and issue no parking tickets for exceeding the two hour time limit as has been done in the past.

ROLL CALL: AYES – R. Boyd, R. Heffner, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

ROLL CALL: AYES – R. Boyd, R. Heffner, C. Figard, L. Balthaser, D. Schlenker

NAYES – None

AT &T 24.84

AQUASERVE 388.50

BCMHIPG 12,651.20

BARLEY SNYDER 250.00

TED COVINGTON 120.00

FORT DEARBORN INS. 222.08

HART, RICHARD 12,068.00

INTERNATIONAL INSTITUTE 90.00

J & T AUTO RESCUE 276.04

KERMIT KISTLER 134.10

MARJORIE LALLY 164.00

LYNN PEAVEY 75.20

M & T BANK 430.16

JP MASCARO 6,404.75

MET – ED 3,475.48

PURCHASE POWER 1,019.00

RARITAN VALLEY 13,302.00

SCHLENKER MOTORS 29.95

ZACHARY STRAHN 24.95

SYNERGETICS 15,132.12

SYSTEMS DESIGN 290.07

TELCO 110.59

TRIANGLE COMMUNICATIONS 618.66

TRUCKO 87.14

TOTAL $67,388.83

Nothing to report

There being no further business, the meeting adjourned at 8:17 p.m. on motion of Roy Heffner and seconded by Charles Figard.

ATTEST: