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32
18 CHIEF
CHARLES HOLTGRAVER
19 a
witness herein, having been first duly sworn, was
20
examined and testified as follows:
21 DIRECT
EXAMINATION
22 BY
MR. BAXTER:
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.)
23 BY
MR. BAXTER:
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.
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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
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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.
