The eighteenth meeting of the Hamburg Borough Council for 2009 was held this evening at the Hamburg Municipal Center with President Martha Bertolet presiding. The meeting was opened with Pledge of Allegiance to the Flag and a Prayer.

Members Absent – Roger Stetzler

Also Present –Solicitor Gombar, Solicitor Antanavage, Kim Y. Berger, Office Manager/Recording Secretary, Lynda G. Albright, Borough Manager

Visitors – Kerry and Pat Delong, Alean and Gerald Tray, Norma Berger, Deena Kershner

President Bertolet stated the following: This is a public hearing of the Borough of Hamburg for proposed amendments to the Hamburg Zoning Ordinance. At this time, I would like to turn the meeting over to our Solicitor, Mr. Gombar, for the purpose of reading certain items into the record.

Solicitor Gombar stated that the public hearing, which is being held this evening, is required under the provisions of the Pennsylvania Municipalities Planning Code. The purpose of the public hearing is to give members of the public an opportunity to air their views and state their positions and for members of Borough Council to gauge public opinion regarding the proposed amendments to the Hamburg Zoning Ordinance. This type of public hearing is a legislative hearing and not a quasi judicial or administrative hearing.

Persons who wish to speak do not have to be placed under oath, although we are having a stenographic record made of this hearing. There is no right to cross-examine witnesses or Borough officials.

This Ordinance was prepared at the direction of both Borough Council and the Borough Planning Commission over the past year.

In accordance with the Pennsylvania Municipalities Planning Code, a copy of the proposed text of the Zoning Ordinance Amendments was forwarded to the Berks County Planning Commission for review. By a letter dated September 9, 2009, the Berks County Planning Commission provided the Borough with a response that indicated one (1) minor but no adverse comments. I have here a true and correct copy of that letter. It has been marked as Exhibit 1, and I would ask that the Stenographer make it a part of the record.

Also, in accordance with the Pennsylvania Municipalities Planning Code, this public hearing was advertised pursuant to public notice in the Reading Eagle on September 14, 2009 and September 21, 2009. I have here a true and correct copy of the Proof of Publication and it has been marked as Exhibit 2, and I would again ask that the Stenographer make it a part of the record.

Also in accordance with the Pennsylvania Municipalities Planning Code, a copy of the proposed Ordinance was forwarded to the Hamburg Planning Commission by letter dated August 18, 2009. I have here a true and correct copy of this Letter and it has been marked as Exhibit 3, and I would again ask that the Stenographer make it a part of the record.

At its meeting of September 15, 2009, the Hamburg Planning Commission regarding the proposed Ordinance. At prior meeting over the past year, the P.C. had previously reviewed and recommended adoption of all amendments contained in this proposed ordinance.

The public had some questions and comments. There will be a stenographic record of the complete public hearing.

A motion was made by Heather Berger and seconded by Dale Schlenker to adjourn the public hearing.

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

NAYES – None

A motion was made by Elaine Swavely and seconded by Heather Berger to approve the amended agenda with two additions under the Solicitor’s report.

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

NAYES – None

Deena Kershner from OTF handed out the monthly report and the annual report requesting funds. Ms. Kershner is planning on attending the Finance Committee meeting to answer any questions.

A motion was made by Jeff Adam and seconded by Jeanette Heckman to approve the minutes of the September 14, 2009 meeting.

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

A motion was made by Jeanette Heckman and seconded by Heather Berger to approve the following reports: Engineer’s Report

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

NAYES – None

The operations within the new wastewater treatment plant continue well. Systems Design Engineering, Inc. is working assisting the Superintendent with operational questions on an as needed basis.

Systems Design Engineering, Inc. submitted the renewal application for the WWTP’s NPDES Permit. Whole Effluent Toxicity Tests are being completed as a requirement of the application process. The application was submitted June 10, 2009 and has been accepted as administratively complete. The fourth and last WET Test was submitted this month.

Systems Design Engineering is progressing with a new bid specification for a three (3) year period starting in 2010. Bids will be received at the October Authority meeting.

Systems Design Engineering, Inc. is working with Hydrogeologist Jeff Peffer to review potential water sources to supplement the Hamburg system. DEP approved the two sites to proceed to the pre-drilling plan phase. Systems Design Engineering, Inc. and Jeff Peffer submitted the plan for each site and the pre-drilling plan has been approved this month.

The environmental review is complete. Fish and Boat responded with comment on Timber Rattlesnakes, but it has no adverse results.

Systems Design Engineering, Inc. has a budget price of approximately $15,000 to drill 2 test wells. Each well requires another estimated $30,000 to change it to a production well with step and constant rate pump tests. Well pump, well house and site work are not included.

Crossing Furnace Creek will require a section of pipe and stone to make a temporary crossing. The permit for this crossing has been received.

Systems Design Engineering is progressing with the bid specifications for the initial well test bores. Bids will be received on October 15, 2009 for possible approval at the October 21, 2009. The bid document requires the wells to be drilled within 45 days such that the test wells should be drilled in November 2009.

The impoundment dam is full. Control issues were remedied this month and water production was from both wells and surface water. The filter plant is currently on line.

Advanced H2O has started production of bottled water and thereby draws from the Authority system. Keith Brobst remains in contact with them on requirements of water and scheduling to better produce constant water production .

Replacement of the existing 6 inch water main in Grand Street from Second to Front is being proposed with the Grand Street ramp project. The replacement is being design by Barry Isset, Inc. with all costs to be borne by the project. The Authority / Systems Design Engineering has reviewed the first set of drawings.

Systems Design Engineering, Inc. is completing the design of the proposed water tank. The water quality permit for the tank is nearly complete for submission to DEP. The proposed design can then be submitted for grant applications.

The water staff is testing the existing air lines with new pressure regulators and equipment to determine their use for water level logging.

Systems Design Engineering, Inc. continues to work with the State and their engineers in reviewing the proposed PEMA facility and the water / sewer connections.

A motion was made by Dale Schlenker and seconded by Heather Berger to award the bid to EJB Paving in the amount of $90,785.55 contingent upon approval by the Solicitor, Public Works Superintendent and the Borough Manager.

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

NAYES – None

Mayor proclaiming Trick or Treat nights Wednesday, October 28 and Thursday, October 29, 2009 from 6:00 p.m. to 9:00 p.m. in the Borough of Hamburg for 2009.

On the recommendation of the Borough Manager, a motion was made by Elaine Swavely and seconded by Heather Berger approving a resolution authorizing the Borough manager to execute the permit application for reimbursement by PennDOT for the expedited review of the HOP for Phase II of the Grand Street Extension.

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

NAYES – None

On the recommendation of the Borough Manager, a motion was made by Jeff Adam and seconded by Heather Berger approving the request of the Blue Mountain Wildlife to hold their annual Frosty 10K run through Hamburg using the same course as in previous years. In addition, they will need to use a pavilion at the park and the restrooms. The race is to be held on Saturday, October 17 and will start at 8:45 a.m., with the runners being through the business district by 9 a.m. and the race will end at the park.

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

NAYES – None

On the recommendation of the Borough Manager, a motion was made by Jeanette Heckman and seconded by Elaine Swavely giving approval to the Hamburg Area School District to hang their "Homecoming Banner" on S. 4^th Street across Domer Leibensperger’s property from approximately September 21, 2009 through October 12, 2009 and also approve the Resolution that the Borough and School District will indemnify PennDOT and hold them harmless for any incidents.

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

NAYES – None

A motion was made by Heather Berger and seconded by Dale Schlenker to approve payment of invoices totaling $82,368.48

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

NAYES – None

BARRY ISETT 9,142.40

BERKS ENVIROTECH 49.10

BRIGHT SIGN 135.00

DAYTIMERS 27.19

EMAC DAIRY BRUSH 39.00

EMC INSURANCE 14,911.77

JE FINK & SONS 481.70

HAMBURG MUNICIPAL AUTHORITY 124.78

KISTLER O’BRIEN 108.00

M & T BANK 1,128.00

JP MASCARO 11,672.00

MET –ED 4,832.94

PMHIC 27,074.76

RADIO MTCE 178.00

READING EAGLE 1,451.15

SUSTAINABLE ENERGY FUND 212.69

TERRY’S TREE EXPERTS 800.00

UNION FIRE CO. #1 OF HAMBURG 10,000.00

TOTAL DUE $82,368.48

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

NAYES – None

A motion was made by Heather Berger and seconded by Elaine Swavely authorizing the advertisement of Ordinance #772-09 dealing with the Cable Franchise agreement with Comcast.

ROLL CALL: AYES – M. Bertolet, E. Swavely, J. Heckman, D. Schlenker

H. Berger, J. Adam

NAYES – None

                            October 6, 2009 – 4 p.m. – Personnel Committee

There being no further business, the meeting adjourned at 7:55 p.m. on motion of Jeff Adam and seconded by Elaine Swavely.