Myerstown Borough Council waits on solicitor appointment

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Following discussion on the possible appointment of a new solicitor at its reorganization meeting Jan. 5, Myerstown Borough Council opted to table action on the matter at its regular meeting Tuesday.

Council plans to revisit the topic at a public workshop Jan. 28.

Since reorganization, borough manager Michael McKenna put together a scope of work for the borough solicitor. At this time, the borough only has quotes from Henry & Beaver and Kozloff Stoudt, represented by Amy Leonard and Joan London, respectively.

Council president Daniel Ebling asked council members if they wanted quotes from any law firms. Council had access to a list of municipalities in the county and which law firm serves them.

When a resident asked if other municipalities are served by law firms based in Lebanon, Ebling said Myerstown attorney Ken Sandoe recommended the borough not hire an attorney from within the county, saying he felt “it’s too political.”

Sandoe later told LebTown over the phone that he did not recall saying that. He said after he told Ebling he was not interested in taking the position (as he cannot serve both council and the water authority), Ebling voiced concerns about the politics of local solicitors. Sandoe said he told Ebling that if he is not satisfied with a local attorney, he can look out of the county as some municipalities receive coverage from out-of-county solicitors.

Leonard, the current solicitor, was not present Tuesday or at last week’s reorganization meeting. When asked by LebTown whether she was asked not to come or chose not to, McKenna said she was asked not to come.

He further elaborated that borough staff held a meeting with Leonard and “she thought it would be in the best interest if she wasn’t at the meeting.”

Councilman Matt Mulvaney said that, as Leonard is still the solicitor, he believes she should continue attending meetings until a decision is made. Council later agreed to request that Leonard resume her meeting attendance.

Mulvaney, who was the tiebreaker on a motion to appoint London as solicitor during reorganization, said he was open to shopping around for a solicitor, but that he was also willing to attempt to work with Leonard.

“Personally, when we were talking about it before, and this idea you had, I was under the impression that the cost was going to be roughly about the same,” said Mulvaney, addressing Ebling.

Ebling said Leonard does use paralegals, and has a fixed rate of $185 per hour regardless. London’s office charges $255 per hour for London, $210 per hour for associates, and $175 per hour for paralegals.

“But it’s still $185, compared to $255,” responded Mulvaney, which Ebling affirmed. “And I was not aware that was that much of a difference in price. … We get a full solicitor at $185 without going down the ladder.”

Mulvaney said he heard that Leonard does not charge for phone calls. McKenna said she charges for long calls, but not quick questions.

“The impression I’m getting is she is pretty lenient, whereas other ones may charge for this, this, and this,” said Mulvaney.

Councilman Todd Kahl said he supports Kozloff Stoudt’s office due to their work in West Reading, noting recent economic revitalization in the area.

Councilman Bryan Rittle said the revitalization was not due to the attorney. Mulvaney agreed, but said it suggested the firm is at least equally capable as Henry & Beaver.

Councilman Mark Kirsch said that, although he had previously expressed concerns about laws enacted by Leonard, “I was told it was council that did it, not her.” He also said he wanted to hear from residents who had a problem with Leonard.

At reorganization, Ebling said Leonard’s attitude toward residents dissuaded them from attending meetings, something he said he heard while campaigning for the Republican primary alongside other new council members.

Mulvaney said he “can only imagine, when you have to explain laws and rules to people who hear them, and may even understand them, but don’t like the answers, it eventually gets a little repetitive.”

“Not giving her a green light on that, but in comparison to having a job and being a boss and having an employee that an issue comes up, you take the employee aside — usually — tell them what the problem is, and give them a chance to correct them. You don’t say, you’re fired. So I just want to consider that.”

During public comment, former council president and resident Park Haverstick spoke in favor of Leonard and said issues residents had with attitude were likely his fault. Kirsch later agreed many resident concerns were due to Haverstick.

“If all of you come to meetings, you know darn well that if there was anybody that was raising Providence, it was probably me, and it certainly wasn’t Amy,” said Haverstick. “Amy only acts at the pleasure of council. Anything she did that you disagree with was the result of council telling her to do so.”

Ultimately, Ebling suggested that council revisit the topic, ideally with a third quote, at its workshop meeting Jan. 28 and possibly take action then. Depending on attorney availability, council may interview potential solicitors (including Leonard) at that time.

Following an executive session and during a second period of public comment, Haverstick accused Ebling of having a personal problem with Leonard.

“It would behoove anybody with any level of intelligence to call you out and say this all has to do with your personal issues with Amy,” said Haverstick. “And it’s not about what’s good for you, or Brad, or Brian, or Mark, it’s about what’s good for the borough. Amy is what’s good for the borough, she’s been doing this for a long time, she’s good at what she does. This just reeks of a personal issue. I mean, you’re grasping at straws; Kenny Sandoe says that it’s too political in Lebanon County? He’s the solicitor for the water authority in the same town. Come on, dude.”

Ebling interacted with Leonard in 2021 regarding one of his properties in Heidelberg Township, which Leonard represented, something resident Dana Reich asked him about at the start of Tuesday’s meeting. Ebling said the topic wasn’t appropriate for the meeting, but that the matter had been resolved around seven years earlier.

Council also unanimously approved a resolution making appointments to various boards and commissions, though council members expressed disagreement about the appointee to the water authority.

Following the term expiration of former authority representative Steve Hammer, the borough received four letters of interest for the position: Hammer, Ben Moyer, Greg Kemp, and Ebling (who said he submitted his name as a backup option).

Discussion on the topic was continued from the reorganization meeting, at which time council tabled action following disagreement. Moyer and Kemp were in attendance Tuesday and were asked about their interest in the position.

“I have no problem with Steve continuing, I was just providing myself as an option in the event that he concluded his time with the water authority,” said Moyer, who works with water services. “It’s not as though I have a motive or any real reason to go on, I’m just a good, solid, knowledgeable option if in the event there’s a vacancy.”

“I just heard there was an open seat and thought maybe I could settle in and help out,” said Kemp, who works as an excavator.

Ebling said he felt there were no bad options, noting that his grandfather had served on the water authority for 20 years despite being a butcher, and Rittle, who serves on the board, is an electrician.

Moyer said he didn’t understand this, saying, “I would think I would want to have somebody that’s a little more available and knowledgeable in a subject than someone who’s not, which I don’t know the other subjects other than Steve Hammer, who was previously on.” He asked whether Ebling felt he didn’t know what he was doing.

“I said, just, you don’t have to be knowledgeable specifically as a plumber to be on the seat of the board,” said Ebling, adding that board members can learn as they go.

Last month, Ebling said he felt the position needed a new member, saying that being in a position for a long time can make someone stagnant. He said current authority members treat residents who attend poorly.

Before adopting the resolution, council members each expressed a preference for who should take the seat: Ebling and Bradley Kahl named Kemp, Kirsch named Moyer, and Todd Kahl and Mulaney named Hammer. Rittle abstained from the vote due to his position on the authority. Kirsch was then asked to select between Hammer and Kemp, and changed his vote to Kemp, creating a majority among present council members.

Council then unanimously approved appointments to boards and commissions, with Kemp selected for the authority.

In other news, council:

• Unanimously agreed to amend the previously approved “Meet Your Council” event to 12 p.m. Feb. 21 due to scheduling conflicts with another event, as well as rename the event the Council and Community Police Town Forum. At the event, council will discuss options for police coverage with residents, including an offer from the Lebanon County Regional Police Department.
• Unanimously approved a cooperation agreement between the borough and Lebanon County Redevelopment Authority for the fiscal year 2024 improvements of West Jefferson Avenue, with an allocation of up to $100,500 in Community Development Block Grant funds. Council also unanimously approved the preparation of plans and other documents for the plan.
• Discussed plans to rearrange the meeting room so council members’ backs are not to the audience.
• Agreed to allow McKenna to email documents relevant to meetings to Ebling, as other council members are fine only receiving paper copies.
• Unanimously approved a traffic signal maintenance proposal of $1,035 for 2026.
• Unanimously authorized a conditional blanket approval of educational classes at the Isaac Meier Homestead, as well as approved the homestead’s 2026 meeting dates and event calendar.
• Unanimously approved the final payment of $13,199.44 for the South Railroad Street Reconstruction project, completed in 2025 and to be paid for primarily out of CDBG funds.
• Unanimously approved the 2026-27 contract through COSTARS for 250 tons of road salt.
• Unanimously approved the budgeted purchase of equipment including a used 2021 John Deere Gator TS not to exceed $10,250 from the capital reserve fund.
• Unanimously approved minutes and heard reports.
• Unanimously approved the payment of the bills and treasurer’s report.

Myerstown Borough Council meets the second Tuesday of each month at 6:30 p.m. and holds a workshop the fourth Wednesday of the month at the same time. These meetings are open to the public and do not require prior registration.