East Berlin: Soldier sign must go

One East Berlin businessman is saying "no" to town officials who say his patriotic banner violates zoning laws.

Bernie Tucker of Tucker Industrial Liquid Coatings, 407 North Ave., said Tuesday a letter he received from East Berlin zoning officer Robert Thaeler dated June 16 instructing him to remove a large, patriotic banner will go unanswered and unheeded - as will all similar future correspondence.

Thaeler's letter said Tucker had 30 days to remove the banner, which shows an American soldier posed in front of a military vehicle in Iraq. And though his 30 days expires today, Tucker said his sign isn't going anywhere.

"That sign was given as an award to my staff for getting vehicles ready to go to Iraq," he said. "You'll have to drag me away in handcuffs, because that sign will never come down."

According to Tucker, in August of last year his company was authorized by BAE Systems, a global producer of defense-related machinery for which he supplies painting and coating services, to pick a banner to hang on his business in recognition of valued support both to BAE and American troops.

"They let me pick the banner I wanted," he said, "and I chose one that said 'Proud to support those who defend our freedom.'"

Tucker received permission from East Berlin Mayor Keith Hoffman last August to hang the large banner on the side of his building, where he said it remained without complaint until Thaeler's June letter.

In that notice, which Thaeler this week classified as "advisory correspondence," Tucker was instructed to remove the sign by July 16. If he chooses not to comply, a more formal enforcement notice will be sent specifying a set amount of time for removal, after which, Thaeler said, if the banner is still not removed the borough can then pursue legal action.

Although Tucker said what he calls "petty harassment" has become commonplace over the past few years, taking down a sign for which he and his employees worked for more than six months to earn is "the straw that broke the camel's back."

"I'm done with (the borough council)," he said. "Until I get a full, open apology, I want nothing to do with them."

But Borough Council President David Richards said the borough's past complaints about Tucker's business have been legitimate, and the sign is another example of Tucker's unwillingness to follow the rules.

"There've been a great many more problems than just that sign," Richards said. "(Tucker) has failed to meet many other zoning rules along the way."

Richards said though the sign is "not really visible as you drive down (Route) 234 through town," but is nonetheless far too large to meet borough standards. And he said if Tucker would have applied early on for a variance instead of relying on permission from the mayor, he might have been able to hang the sign legally.

Borough ordinance limits signs to 80 square feet, which, Richards said, is "very much smaller" than Tucker's garage-door sized sign.

Mayor Hoffman Wednesday acknowledged sending the letter of last August in support of Tucker's sign, and said his support of it hanging in town has not wavered.

"I have no problem with the sign and think it's very nice he has it up," Hoffman said, indicating he'd likely speak at the next council meeting in favor of it remaining on display.

"I know I'm proud of our troops, and I've gotten so many phone calls saying keep (the sign) up because I think everyone around here is," he said.

A contentious relationship has existed between the borough and Tucker Industrial Liquid Coatings since at least 2007.

At that time, resident complaints about offensive odors from Tucker and two other businesses began coming in to borough officials.

After a closed-door meeting between borough officials and the State Department of Environmental Protection, DEP inspected Tucker's business in 2007.

Initially, no air-quality violations were found, though in May 2007 it was learned Tucker installed paint spray booths without obtaining permits the previous year and in so doing exceeded the company's permitted emission level of toluene, a chemical cleaning solvent.

In October of 2007, the company was again inspected by DEP and was found in violation of federal as well as state standards, having released in excess of 20 tons of toluene above accepted levels. Tucker received a $154,500 fine, which, according to a DEP official, took into account the company's cooperation throughout the investigation.

Since that time, Tucker has been forced to maintain a lower level of toluene admissions - which a DEP spokeswoman indicated even at their highest levels were never an imminent health risk - and he now says the company is in line with all DEP rules.

"We had some issues but have made the corrections," he said. "We know what we need to do now."

Yet borough officials remain unconvinced. Richards said an upcoming DEP hearing on Tucker, which likely will be held sometime in August in East Berlin, will be another opportunity for concerned residents to learn more about Tucker's compliance with state and federal air pollution laws.

The hearing is likely a result of complaints against Tucker previously filed by the borough council, he said. And though Richards calls such concerns warranted and judicious, Tucker said it's another example of unfounded harassment and promised it will have no effect on the sign issue.

"The ... hearing is not something I want to get into yet," he said. "But I can tell you that sign coming down is not gonna happen - period."

Source: http://ydr.inyork.com/ci_12848683?source=rss