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Minutes: Feb 2 2010 Minutes


Feb 2 2010 Minutes



Held at 101 W. High Street on Tuesday,

FEBRUARY 2, 2010


This meeting was called to order by Council President Vince Balistrieri at 7:00PM beginning with the Pledge of Allegiance.



Council Members: John Hays, Wynn Herbine, Kyle Hamilton, Connie Keller-Sheffy,

Vickie Madden, and Vince Balistrieri. Engineer-Jamie Motley, Solicitor-Allen Shollenberger, Esq., Chief John Reber, and Secretary Mickey Balistrieri.



Council Member-Mike Feigum, Mayor-Jennifer Gettle



Kay and Walter Nixon, Donald and Diane Belsky, Linda Leonardo, Sally Trump, Stacey Hamilton, Irv Tyson, Harriet Grimes, Ryan Zerbe and Bob Martin-Fire Chief.


SPECIAL GUEST-Christian Y. Leinbach-County Commissioner

Commissioner Leinbach reported that we are number thirty-six in his goal to visit all seventy-three municipalities in Berks County in four years.  Commissioner Leinbach discussed the need to support the volunteer fire companies and community libraries. He also explained the importance of the County assisting to keep Barta running.  A letter will be coming to the municipalities regarding their interest in being a part of a regional police force.  Questions and comments to the Commissioner included policing powers of the County Sheriffs, library funding, bridge construction, volunteerism, and regionalization.


Motion by Mr. Hays, second by Mrs. Madden to accept the January 19, 2010 Council Workshop Meeting Minutes as presented.  Motion carried unanimously.


Motion by Mr. Herbine, second by Mr. Hays to accept the list of bills to be paid, with the addition of $33.99 to JDM Outlet-ink cartridge for the Police Dept., bringing the total bills to be paid to $42,995.27. Motion carried unanimously


Motion by Mr. Hays, second by Mr. Herbine to pay payroll between meetings.  Motion carried unanimously.



A list of communications was given to Council Members, one requiring action.  The PA Association of Boroughs in putting together a collage of the Boroughs in the Commonwealth, commencing the 100th Anniversary of the PSAB.  Motion by Mr. Hays, second by Mr. Herbine to participate in the collage.  Motion carried unanimously.  Mr. Hays will take care of taking the pictures to meet the April 23rd deadline.




Fire Company:  Fire Chief Bob Martin handed out the 2010 Officers List, and 2009 Year End Report.  Chief Martin reported that Ryan Zerbe applied for and received over $350,000 in grant monies since 2003. 


Library:  Harriet Grimes reported that the final acceptance for the Keystone Grant will be sent out soon, plans are ready, bid specification information is being given to Larry, and the contract will follow six weeks after approval. Mrs. Grimes is hoping that construction starts by May first. The Library will have to be closed for part of the time during construction.



Sally Trump and Irv Tyson representing Zion Lutheran Church: Mrs. Trump reported that the church is not renting their property out anymore and would like to eliminate the second trash bill for the old rental property.  Mr. Motley reported that in order to do that, they need to disconnect the kitchen facilities, i.e. remove the sink, and cap the water line. Once that is completed, Mr. Motley should be notified so that the trash unit can be discontinued. 


Center Road Residents:  Mr. & Mrs. Kay Nixon, Mr. & Mrs. Donald Belsky, and Mrs. Linda Leonard, residents of Center Road, expressed concerns about a proposed ordinance which would eliminate all parking on their street.  Mr. Belsky provided information on the Petition signed by Center Road residents.  The residents spoke in favor of parking on one side only to provide access for emergency vehicles.  After much discussion it was decided to prohibit parking on the south side of Center Road. 

Mr. Hays reported that the maintenance crew will be keeping the brush cut back to the fence in the 900 block of Center Road at West Road.


Ordinance 2001-01

Motion by Mr. Hays, second by Mrs. Madden to adopt Ordinance 2010-01 prohibiting parking on the south side of Center Road; and restricted parking on S. Pine Street from

11:00PM – 7:00AM as posted.  Motion carried unanimously.  Signage will go up as soon as possible and curb and cross walk painting will occur in the spring.



Refuse Collection:  Solicitor Shollenberger reported sending a certified letter to the Morrisseys.


Attorney General vs. Joint Zoning:  Supreme Court has said that acre legislation doesn’t prohibit the Attorney General from being proactive on these things.  Pleadings are filed; we have counsel with North Heidelberg Township.


ENGINEER-Mr. Motley reported the following:

Rt. 422 & Ballfield:  In idle status right now, waiting for the weather to break to get things finished up.


Maintenance Building: Is almost done.  The heaters need to be hung and connected by the electrician.  Recommendation for payment application #1 and #2 to the general contractor in the amount of $101,753.55 for work completed. Payment application for #2 and #3 to the Electrical Contractor in the amount of $7,142.70. 

Motion by Mr. Hays, second by Mr. Herbine to approve Payment # 1 and #2 for $101,753.55 to the general contractor and payment #3 and #4 for $7,142.40 to the electrical contractor, to be paid from the loan account.  Motion carried unanimously.


Franklin St. Storm Sewer Project:  Waiting for plants to open to put final restoration on.


Rt. 419/Jefferson Street:  Letter received from Penn DOT stating “we feel that the drainage problem is due to two things; the installation of an improper storm water system attached to our pipe located off the department right of way, and past development on the inlet side of Rt. 419 causing storm water run off.”  Which means they are not going to help us with this project.  Motion by Mr. Hays, second by Mrs. Madden to authorize Mr. Motley to do field work, not to exceed $3,000 in cost.  Motion carried unanimously.


Generator:  Shop drawings have been submitted, Mr. Motley approved them and a pre-construction meeting will be held on Monday or Tuesday morning.


High Street resurfacing:  Mr. Motley reported that twenty new homes are being built in Marion Township and traffic impact on High Street won’t be an issue.  Estimated cost for resurfacing High Street and handicap ramps will be around $90,000.  Waiting for financial information before moving forward with 2010 Street work.


Rodney Martin Subdivision:  Motion by Mr. Hays, second by Mrs. Keller-Sheffy to reject Rodney Martin Subdivision based on the September 21, 2009 review letter from Motley Associates.  Motion carried unanimously.  This review letter references the Subdivision Ordinance Section 11.32.b.5, 11.32.13.G, 11.31.14.f.1, Section 11.42.m.2, 11.46, 11.48, 11.52.c.&d  and the Storm water Management Ordinance-Articles 226-10C(6), 226.13B.(d)3, 226.13B.1.(c)and(f), 226.13B.(g)3 a & b, 226.18B.(4)(e), and 226.27.


Rental Units/Zoning for trash purposes:  Mr. Motley was given four addresses to visit to confirm whether they have rental units.  Each property must remove the second sink eliminating the possibility of renting out the unit. We will bill the properties as we have been billing them until proof of change is provided.  L J’s Fitness will continue to be billed for two units as long as the second unit is available to be occupied as a living quarters.  Mr. Motley will talk to the minister at the Zion UCC Church; the church will then be billed for two units, unless the sink is removed from the parsonage building.


Question from Mrs. Keller-Sheffy to explain the difference between the loan account listed on the Bank Balance Sheet and the developer’s escrow account.


MAYOR – Chief Reber scheduled training for Mrs. Keller-Sheffy on Monday, Feb. 8th.



Snack Bar renovation:  Mrs. Keller-Sheffy got an estimate to enlarge the snack bar kitchen to a 7 ft x 12 ft area.  Solicitor Shollenberger confirmed that three estimates must be obtained if under $10,000; over $10,000 must be bid.

Possibility of leasing out the kitchen instead of running it ourselves.  Solicitor Shollenberger reported that when you lease real property you have to put it out for bid.  He will check into this and advise Council.


MRS. MADDEN-No report.



Web Site:  Project list from 2009 needs to be updated for 2010, will be discussed at workshop meeting.


Rental Inspection:  Mr. Hamilton questioned why his sidewalk was inspected with the rental inspection when Mr. Herbine does sidewalk inspections?  Mr. Motley will talk to Mr. Mohn.



Verizon Building:  Mr. Hays has monitored the Verizon Building for two weeks and has not seen any evidence of trash being put out for pick up.  Verizon has not paid their past due trash account.  A letter can be sent to Verizon stating that their building can be exonerated from trash billing, provided they pay the past due and current trash bills.


MR. FEIGUM-absent



Street Sign replaced on Line Drive:  Mr. Semko sent the check for the sign replacement, but made the check out to E.J. Breneman and not the Borough.


Zion UCC:  Mr. Herbine reported that he has an appointment with the minister due to the construction project at the church.  He has been receiving complaints about no flagman, site visibility, etc.


Sign Quotes:  Mr. Herbine received two quotes for signs for Center Road.  Penn DOT regulations should be checked to see how many signs are needed for enforcement.



Sewer Authority:  The Sewer Authority is moving forward with renovations.  The renovations are needed due to age, not because of Marion Township.  The twenty new homes in Marion are not being connected to our sewer service.  Mrs. Keller-Sheffy asked where council’s report is from the Sewer Authority.  Mr. Balistrieri reported that minutes, budget, bills to be paid, etc. from the Sewer Authority meetings are being kept in a binder at the Borough office.  Mr. Hays questioned how much sewer capacity Stouchsburg will be getting from our capacity.  Mr. Balistrieri reported that it will be getting 50,000 gallons.  Discussion on Marion being offered capacity years ago and refusing it.  Mr. Hays wants to know if Marion is paying us for the 50,000 gallons of capacity.  Council members want Marion Township to pay for the capacity that they are using. 


Berks County Municipal Officials:  Reminder of the Dinner Meeting scheduled for February 25th.  RSVP’s are due this week.


County Commissioner’s Breakfast: Will be held in the fall, date to be announced.



Library Appointment:  Mrs. Madden will see if Mrs. Grimes wants to be appointed to a three year term.  Decision of appointment will be made at the March 2nd meeting.


Motion by Mrs. Madden, second by Mr. Herbine to adjourn the meeting.  With no further business before Council, the meeting adjourned at 9:45PM.






Respectfully Submitted,




Mickey Balistrieri





Created at 5/24/2012 5:09 PM by Kham
Last modified at 5/30/2012 6:45 PM by Kham