Page 32


19 a witness herein, having been first duly sworn, was

20 examined and testified as follows:



23 Q. Would you state your name please?

24 A. Charles Holtgraver.

25 Q. And you're the Chief of Police for the

Page 33

1 Borough?

2 A. Yes, I am.

3 Q. How long have you been

4 MR. WATSON: We're going to have to

5 move this chair. I think both sides are going to

6 want us to see their witnesses. So,

7 Chief Holtgraver -- if you wish --

8 Q. Well, look at them when you answer. I

9 won't be insulted.

10 A. Sure.

11 Q. How long have you been the Chief of Police?

12 A. Three years.

13 Q. And how long have you been employed by the

14 Borough?

15 A. Since 1972.

16 Q. And you started in 1972 as a police

17 officer?

18 A. That's correct.

19 Q. And when you started as a police officer,

20 where was the police headquarters located?

21 A. Across the street from where it is now.

22 Q. And that would be on Perry Highway?

23 A. Yes. That's right.

24 Q. Were you familiar with the property at

25 479 Perry Highway?

Page 34

1 A. Yes.

2 Q. Okay. During the course of time from 1972

3 until the present time, what were your observations

4 of that property as far as parking is concerned?

5 A. I've never seen any vehicles parked in

6 front of the building.

7 Q. Right. Now, when we talk "in front of the

8 building," can you be a little more descriptive to

9 the Board what you're talking about?

10 A. What I'm talking about is what I described

11 as being the sidewalk. It would be directly in frnnt

12 of the building.

13 Q. I want to show you photographs here.

14 MR. BAXTER: I think you've seen these

15 before.

16 (Mr. Baxter handing photographs to the

17 witness for his review.)

18 MR. WATSON: Chief, why don't you move

19 your chair back; and, Fred, why don't you sit up

20 here?

21 (Attorney Clement reviewing

22 photographs.)


24 Q. I want to show you, Chief, what are a

25 series of photographs --

Page 35

1 MR. WATSON: Do you want us to mark

2 those, first?

3 MR. BAXTER: Yes. I want to mark

4 t h i s .

5 Q. I've marked this first set Borough 1, 2, 3,

6 and 4; and I ask if you'd take a look at those and

7 identify what those pictures depict if you would.

8 A. To me, this is what I always believed to be

9 a sidewalk in front of a business. This is a

10 decorative stone portion along the highway here.

11 This is -- -- I believe it would be an asphalt or

12 asphalt slab behind it.

13 Q. Okay. So when you talk about the front of

14 the building and not -- well, strike that. Let's

15 look at Borough No. 2 and explain to the Board what

16 that picture depicts.

17 A. The same. The decorative portion along

18 there, the slab along the front of the storefront.

19 Q. Okay. And Borough No. 3?

20 A. It would be the same.

21 Q. And likewise, with Borough No. 4.

22 A. That also would be the same.

23 Q. Now, have you ever made an observation

24 within the last couple of years of anyone parking in

25 that particular area?

Page 36

1 A. Mr. Ballon. That's all.

2 Q. On how many occasions did you observe

3 that?

4 A. Recently, it's been numerous.

5 Q. Okay. But when you first issued him the

6 citations, was he parking pretty much in that

7 particular area that that picture depicts?

8 A. The first citation that he was issued, he

9 was parked in the center, partway on the stone,

10 partway on the asphalt. That was what originated the

11 original complaint.

12 Q. When he parked there on other occasions --

13 did he park there on other occasions?

14 MR. CLEMENT: I have an objection, and

15 1 move to strike the prior answer. There's no

16 foundation that he made a personal observation of the

17 parking that he saw.

18 MR. BAXTER: Yes. I'm going to ask

19 that.

20 Q. Did you make this observation personally?

21 A. Yes, I did.

22 Q. And were you doing that in the course of

23 your duties as Chief of Police?

24 A. Yes. Actually, I was on my way to work,

25 seen the vehicle there.

Page 37

1 Q. Then when you made those observations, you

2 issued a citation. Is that correct?

3 A. After I seen the car there, I went to the

4 station. I then received a complaint about the car

5 being parked there, and it was obstructing the view

6 of the fire hall parking lot next to that. A lady

7 was walking down. She complained about it. I sent

8 an officer up, and he put a tag on it.

9 Q. Now, on how many occasions prior to that

10 occasion did you notice parking in that particular

11 area?

12 A. I've noticed parking there.

13 Q. Are you telling me you've never seen a car

14 parking there?

15 A. I have never seen a car parked there.

16 Q. Well, where does Mr. Ballon park, if you

17 know?

18 MR. BAXTER: I would like to show

19 these to the Board now.

20 MR. WATSON: Do you want to offer

21 these?

22 MR. BAXTER: I would offer these.

23 MR. WATSON: Any objection?

24 MR. CLEMENT: No objection.

25 MR. WATSON: Borough Exhibits 1

Page 38

1 through 4 are admitted.

2 A. In a parcel of land that's shared by the

3 Borough and him. Mr. Ballon's always parked in a

4 section of land.

5 Q. So during the course of you being employed

6 by the Borough, have you ever seen him park in that

7 particular slot?

8 A. I've never seen him park there.

9 MR. BAXTER: You may cross-examine.

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