Myerstown reorganization gets heated as four new members are sworn in

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Seats were full and personalities clashed at Myerstown Borough Council’s reorganization meeting Monday night as four new members took office.

During the Republican primary last year, Daniel Ebling, Matt Mulvaney, Bradley Kahl, and Todd Kahl ran together as Conservative Republicans for Myerstown Borough Council, securing nominations for the four available seats against the three incumbents running for reelection (with incumbent Kathy Yang opting not to run). These candidates, who won the general election unopposed, were sworn in Monday.

Ebling was selected as council president, Bradley Kahl as vice president, and Mulvaney as president pro-tem as council reorganized, with new members making a voting majority.

The most contentious topic of the evening was a motion to appoint Joan London of Kozloff Stoudt as borough solicitor, terminating current solicitor Amy Leonard of Henry & Beaver.

When asked by resident Dana Reich why council was considering changing attorneys, Ebling said, “The biggest reason would be that we would like a solicitor to align with the vision that people would like of the borough for the borough.”

When Reich asked why Leonard did not align with Ebling’s vision, Ebling said he was going based on personal experience with Leonard.

“Okay, if you want it proven it would take me some time,” said Ebling after Reich requested proof Leonard was a bad fit. “I mean, I’ve recorded the last two years of meetings, I could dig out how she spoke to me, but I don’t want to get into talking badly because she did many good things for our borough. So we just needed a change for our borough solicitor, and this would be the route that we would like to go.”

Ebling and Bradley Kahl said that while door-knocking for the Republican primary, some residents said they felt disrespected by Leonard and did not come to meetings as a result. Reich said Leonard was doing her job and shouldn’t need to “sugarcoat” things, and Kahl responded, “It’s not sugar-coated, but if I was to jump down your throat because I didn’t like what you said, that’s inappropriate.”

Reich said some residents “jumped down [Leonard’s] throat and she had to defend herself,” adding, “I witnessed many times that she was attacked, and she didn’t even have anything to do with it. She was just trying to say what the law says.”

Ebling later said he felt Leonard talked down to residents, and with a different solicitor, more residents might come to meetings.

“I want the residents to feel welcome to come in here, so if our solicitor applies the law in a way that makes you feel little and small because you have an issue and we aren’t here to help you, but we want to be here to help you,” said Ebling. “That’s the change that I want to make.”

When asked about cost, Bradley Kahl said London’s fees were “no more than” or even less than Leonard’s fees. Mayor Dane Bicher said the fee schedule identified Leonard’s costs as $185 per hour, and London’s costs as $255 per hour.

Bicher said that, with the difference in rates, London would cost $35,000 more than Leonard over a four-year period (referencing legal costs of $24,000 in 2022). Bicher also said Leonard did not charge travel times, adding that he agreed with Reich and had not had trouble with Leonard.

London, who was in attendance Monday, said her firm offers different rates, at $210 an hour for associates and $175 for paralegals. She said certain work, such as drafting ordinances, is done by paralegals under London’s oversight. She said she does not charge travel times for meetings at night, but would charge travel time for visits to the borough outside of that.

London operates out of Berks County, with many clients in western Berks bordering Lebanon. She said the municipal department is the largest department in the firm, so they are experienced with municipal government.

Councilman Bryan Rittle said that “prudence would actually require us to get at least three quotes, and not just one.” He said that in 20 years on council, he had never heard a resident complaint about Leonard.

Councilman Mark Kirsch said he felt Myerstown’s ordinance prohibiting non-domestic animal keeping for residential homeowners was unconstitutional, and said Leonard had written the ordinance.

“I had an issue, and it’s an unconstitutional ordinance. I can show you in the Pennsylvania Constitution and the United States Constitution, I will show you if you want to look at it,” said Kirsch. “You are allowed to prosper in your own property, and that whole chicken law was bull. That chicken law is against the constitution of Pennsylvania and the USA. She wrote that, she wrote it.”

Resident Nikkole Williamson responded that a solicitor cannot take sides in matters of politics. London agreed, saying that a solicitor’s responsibility is to understand the law and, in cases multiple options are legal, enact the legal wishes of council.

Bicher questioned whether the action violated the Sunshine Act, “Because yous guys weren’t even on the board yet, and it seems like yous made a decision.” Leonard was not in attendance Monday to offer feedback.

Bradley Kahl said no decisions were made before the meeting, with Ebling adding, “There’s no Sunshine law when we weren’t sworn in.” Ebling said changing solicitors was one of the policies the group ran under and discussed with voters.

Reich said she felt “that was done under the sly,” asking why Ebling reached out to Kozloff Stoudt prior to being sworn in.

“You approached a law firm on behalf of the borough which you were not a member of, before you were on council,” said Rittle.

He suggested the borough should table action and solicit three other quotes, to which Ebling responded “no.” Rittle responded, “You people decided this long before the meeting.”

At this time, Reich, who ran a write-in campaign last year, walked out of the meeting, saying, “This was corruption at its finest in a small town.”

Mulvaney made a motion to consider action on London’s appointment, seconded by Ebling. During rollcall, Ebling, Bradley and Todd Kahl voted to hire London, with Stacey Hackman, Kirsch, Rittle, and Mulvaney opposed.

Tie-breaker Mulvaney said he was in support of hiring London, but that Rittle “had a good point” and he “wanted to be fair to everybody.”

Ebling responded, “We already agreed, we brought her out here,” which immediately caused a wave of noise from council and attendees. Deputy Secretary Lisa Brubaker told Ebling he could not ask Mulvaney to change his vote.

After the vote, Rittle asked that it be a matter of record that Ebling said they agreed to this action prior to the meeting.

“I didn’t say that, I said him and I talked about it,” said Ebling.

Rittle accused Ebling of collusion, saying that, “If you want to be upright and transparent with the townsfolk, you’ve gotta do it the right way.”

London said she is happy to answer any of council’s questions and interview for the position.

“It’s all an open book with me, so I have no problem with that,” said Rittle. “I think maybe it is wise to get some additional quotes.”

The rest of the meeting was not free of conflict.

During discussion of appointments and reappointments, council discussed four letters of interest for the water authority, including current member Steve Hammer whose term is lapsing.

Bicher asked whether Hammer had done anything to make Ebling believe he shouldn’t be reappointed, noting that he had served at least three terms.

Ebling said Hammer had served multiple terms so the seat should go elsewhere, saying, “When people get in seats, they get comfortable, they get blinders, they get stagnant.” Ebling complained that current authority members, including Rittle, treat residents who attend meetings poorly and that the board needs “people who have new ideas.”

Bicher said the authority is largely governed by the state and is responsible for following existing legislation.

After further discussion, council opted not to take action on the water authority appointment at the time, though they unanimously approved adoption of other appointments to boards and commissions.

Council unanimously agreed to authorize the spending of up to $2,000 for a resident mailing and $500 for refreshments for a “Meet Your Council” public direction forum Feb. 21 at 11 a.m. The action was contingent on the legality of providing refreshments at a public meeting, with that portion of the motion to be nixed if not.

The primary object of the meeting, Ebling explained, would be to gauge the opinion of the public on various police options, including starting a new department, continuing to rely on state police, or receiving coverage from a regional department.

The agenda also included an item concerning the solicitation of a feasibility study for police options. Rittle said the borough has already studied the topic, including a feasibility study in 2021 and a DCED study from Jackson Township.

Bicher said Myerstown’s population has been fairly consistent at around 3,000 residents for decades, and said the population determines a fair amount of the results of a police feasibility study.

Ebling said a new study could show a difference in costs and available grants, as well as changes in needs.

Council representatives have been meeting with the Lebanon County Regional Police Department concerning possible coverage for several months. Rittle said the department’s governing body plans to make an offer by the end of January.

Council did not take action on the item, opting to give new members time to read the feasibility study and other documents.

Council also discussed a timeline for discussion of other items, which Ebling said he wanted the residents to be aware of beforehand to be able to offer feedback.

Council plans to revisit the chicken ordinance at its work session March 23 and the rental ordinance at its work session Feb. 25.

Ebling suggested also discussing the possibility of allowing residents to have wells for drinking water.

Rittle said that most of Myerstown lies in a Superfund site and is contaminated by arsenic. He questioned why Ebling would want to allow wells, saying he was “putting the public at risk.”

“I think you as a public official have a duty to keep the public safe in their drinking water, because not everybody’s informed about the fact that the water’s contaminated in this area,” said Rittle.

Whitmoyer Laboratories, in Jackson Township, is a Superfund site between Cremery Street and South Fairlane Avenue, with a Hazard Ranking System Score of 46.25.

“I would want everybody to have the opportunity to have a well of their own for drinking water,” said Ebling, saying sites could be individually tested for contaminants.

Rittle said that resident wells could also bring up the cost for users of the public water system, which Ebling said he didn’t know was true.

Ebling said he wanted residents to have the opportunity, to which Rittle responded, “Well, why don’t you bring it up at your public meeting?”

Bradley Kahl said Rittle’s tone was “totally unacceptable” and inappropriate. Ebling said the meeting was planned to focus on police.

Well discussion was ultimately tabled, with Ebling directing the township manager to further look into the safety of wells in the area.

Though reorganization meetings are generally reserved for routine beginning-of-year business when not combined with a municipality’s regular meetings (with council to meet again Jan. 13), municipalities occasionally take action on other items when there is a time-sensitive factor. Council also took action on routine items such as establishment of a calendar, authorized check signers, and fee schedules.

Myerstown Borough Council will hold its regular meeting Jan. 13 at 6:30 p.m. These meetings are open to the public and do not require prior registration.