BOROUGH of BATH COUNCIL MEETING MINUTES Regular Monthly Meeting March 14, 2018

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1 BOROUGH of BATH COUNCIL MEETING MINUTES Regular Monthly Meeting March 14, 2018 The regular scheduled meeting of the Borough of Bath Council convened at 7:03 PM in Council Chambers at the Borough Municipal Building, 215 E. Main Street, Bath, PA on Wednesday, March 14, REQUESTED ROLL CALL: Present were Mayor Fiorella Mirabito, President Mark Saginario, Vice President Michele Ehrgott, Pro-Tem Barry Fenstermaker, Councilmembers Carol Bear-Heckman, Cynthia Anderson, Phyllis Andrews, Tony Kovalovsky, Borough Manager Brad Flynn, Office Administrator Marena Rasmus, and Assistant Borough Solicitor James Kratz. Excused absent were Engineer Ryan Christman and Zoning Officer Shawn Leidy. Prior to Courtesy of the Floor, Press took a Borough Officials photo. COURTESY OF THE FLOOR There were no comments. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 5, 2018 REGULAR MEETING MOTION: TO APPROVE THE MEETING MINUTES made by Vice-President Ehrgott Councilwoman Bear-Heckman had a correction to the minutes; she does not give Public Works report. MOTION: TO APPROVE THE MEETING MINUTES AS AMENDED made by Councilwoman Anderson, seconded by Councilwoman Andrews; six ayes, no nays, one abstention, motion carries APPOINTED COUNCIL MEMBER COMMITTEE REPORTS Personnel, Finance, & Administration Committee o President Saginario noted that the committee has been discussing a Parking Enforcement Officer job description and policies. Manager Flynn commented that the quote received for relocating the safe to the new municipal building was $ Mayor Mirabito questioned if there was already one in the new building; Manager Flynn explained that both will be needed as the current one is almost full. o President Saginario questioned Solicitor Kratz on the liability with the museum in the new building. Solicitor Kratz explained that there wouldn t be a difference because theft and broken equipment is always possible. He suggested having the museum sign off that they re responsible. Councilwoman Bear-Heckman questioned why this would be necessary since Water Authority, Zoning Hearing Board, and other Borough committees would hold meetings in the space as well. Solicitor Kratz explained that the other boards and committees are part of the legal entity known as the Borough of Bath as laid out in Borough Code. He further explained that the advantage of becoming a 501(c)3 would be limited liability. Mayor Mirabito asked if they would need their own insurance; Solicitor Kratz explained that most 501(c)3 groups typically do have their own general liability insurance. President Saginario questioned whether bathroom access would be required when the museum is open. Solicitor Kratz noted that it would not necessarily be required, but the Borough could have the Museum sign an agreement. Councilwoman Bear-Heckman mentioned that Museum hours could be changed to Fridays when the office is open. Solicitor Kratz noted that the responsible party should still be watching over museum visitors when even if the office is open. President Saginario remarked that PFA will compose a policy for the Museum. o President Saginario highlighted that a rough timeline for the new municipal building was included in Council packet and requested Council motion that they approve of the timeline. Councilman Kovalovsky expressed his concerns that volunteers may feel pressured to strictly stick to the timeline and things can happen along the way to hinder progress. President Saginario explained that it s just a general timeline and not set in stone, just a rough estimate for planning purposes. The current plan is to have a soft opening in June and a formal open house in July. Then 215 E Main could be placed for bid. o It was also noted that PFA has been discussing a Public Works Crew Leader job description, a vehicle incident report policy, which would cover employees using their personal vehicles for Borough business. President Saginario explained that Borough employees have been invited to the Mayor and Municipal Officials event this year. He also noted that he d like to begin 2019 budget discussions. Mayor Mirabito remarked that she d like to see the Borough purchase a vehicle for office staff when going out on Borough business. Council agreed that this could be placed in the rough budget. Manager Flynn commented that the 1

2 o applications for adaptive traffic signals are lacking engineering work. He noted that Capital Funds could be used to increase the chances of a grant application being accepted. Council discussed having a town hall meeting for LVPC s final presentation on the safety study and possibly Pennsylvania State Police and the PennDOT 248 Realignment. The date of the town hall will be May 5th at the Social Hall. Public Safety - o Councilman Kovalovsky remarked that the committee would like to move along with an emergency alert system. President Saginario wanted to make it known that a vehicle speed report was completed on Holiday Hill; the Borough has a speed gun for informational purposes. Councilwoman Anderson expressed her concerns on speed and ignoring stop signs on Christmas; she witnessed three vehicles in a row that went past the stop sign without stopping. Councilman Kovalovsky expressed that the Borough still pays CRPD monthly and is receiving little services. President Saginario suggested this issue be brought up at the next CRPC meeting. Public Works/Facilities o This committee did not meet. Community Development Committee o Councilwoman Bear-Heckman commented that the HARB CLG report was filed and that there are grant possibilities. She noted that the Museum Committee has been working with Attorney Spengler and requested that a recent bank statement of the Museum Escrow Account be forwarded to his office. Office Administrator Rasmus noted she could have one forwarded. President Saginario commended the move to become a 501(c)3 because it could begin a succession plan for the Museum. Parks & Recreation - o Councilman Fenstermaker noted that the trees that had fallen in the park after the recent storm have become a liability because children have been climbing on them. Manager Flynn noted that he would check if seasonal hires could assist with tree clean up, they are currently listed as drivers. o Councilman Fenstermaker commented that he d like to do an Earth Day cleanup. NAZCOG o This committee did not meet. CHAMBER OF COMMERCE REPORTS Nazareth-Bath Area Chamber of Commerce Liaison Cynthia Anderson Councilwoman Anderson noted that Bikes in Bath on Allen Street planning is ongoing. The event will be May 17th. The annual dinner will be on April 14th and Mayor Mirabito will be presenting the Volunteer of the Year Award. Greater Area Bath Chamber of Commerce Liaison Carol Bear-Heckman Councilwoman Bear-Heckman noted that the business brochure is complete. The Chamber met and discussed their mission statement. It was noted that Spuds and Suds will be taking place on August 25th. The Chamber is looking at possibly putting together a Keystone Tour. MAYOR S REPORT Fiorella R. Mirabito Mayor Mirabito s report was submitted to Council for review. She noted that she had a fundraising idea for the splash pad- a car raffle. She explained that she held a car raffle years ago with Sacred Heart and the funds were used to put in their playground. Councilman Kovalovsky noted he thought it was a great idea. James Pasquariello questioned how the taxes on the car would be handled. Mayor Mirabito said she d confirm that they won t need to be paid by the winner. President Saginario requested that a feasibility study be completed for the project. Michael Reph questioned whether he could view the committee reports with a pros and cons list for a splash park. Councilman Kovalovsky remarked that the idea is only being discussed and no raffle tickets are being sold yet. Councilman Fenstermaker commented that a feasibility would be complete before any ticket sales begin. Mayor Mirabito noted that Marc Troutman from Met-Ed will be having a large meeting in the near future. REPORT OF ELECTED OFFICIALS President Saginario explained that he had attended a NASD School Board meeting and authorization was given for the school district to sign a term sheet which would sign land over to Jaindl; he noted the vote for this was 7-2. He 2

3 expressed that Bath needs to become more vocal with other entities because traffic increases from development and warehousing will directly affect the Borough and its road issues. PUBLIC SAFETY REPORTS A. Police Department Vice President Ehrgott stated that the last meeting was dedicated to recognizing officers with brief discussions. Fire Department Chief DeNisi was not in attendance. C. Emergency Management Coordinator President Saginario noted that the school district was very accommodating during the recent storm and opening of the storm shelter. He explained that two nurses were volunteering to assist those that needed it. He thanked My Place Pizza for donating food to the storm shelter and the Red Cross for the emergency blankets. He noted that they ran out of mats and discussed the purchase of additional mats and emergency blankets. Councilwoman Andrews commented that the report was excellent and said that volunteers did a great job. Manager Flynn questioned if the memo regarding the storm should be sent to Representative Hahn and Senator Scavello s offices. President Saginario remarked that they could be to keep all informed. D. Zoning Officer Report was submitted for Council's review. E. Citizens Police Advisory Panel BOROUGH ADMINISTRATION REPORTS A. Borough Engineer Manager Flynn noted that there was nothing new. B. Public Works Manager Flynn noted that he had submitted for recognition in PSAB s Build a Better Mousetrap. He submitted the lift that the Public Works crew had built last summer to aid in storm sewer cleaning. He noted that the crew is always putting forth effort. C. Water Authority/Health and Sanitation D. Borough Manager Manager Flynn had nothing to highlight. E. Borough Solicitor F. Tax/Sanitation Collection This was submitted for Council s review. G. Treasury (General Fund) There were no highlights. PRESIDENT S COMMENTS President Saginario questioned if anyone has reached out showing interest in either the Rental Inspection Committee or the Legislative Law Committee. Office Administrator Rasmus noted that no one has contacted the office. Councilwoman Anderson remarked that she has someone interest in the Rental Inspection Committee. NEW BUSINESS A. RATIFICATION TO PAY MONTHLY BILLS MOTION: TO PAY MONTHLY BILLS AS FUNDS BECOME AVAILABLE made by Vice President Ehrgott, seconded by 3

4 Councilwoman Anderson; all ayes, motion carries 7-0. B. BATH SOCIAL HALL SUMMER EVENT James Pasquariello addressed Council explaining that he has been speaking with the Fire Department about organizing a joint fundraising event on July 21st. He would like to put together an event similar to the annual bike run on a larger scale block party. Mr. Pasquariello explained that the proceeds would be split 50/50. He requested that Council assist with the closure of SR 512 between East Main and SR 248 and also lift the open container ban for the duration of the event. Manager Flynn noted that he could include the closure on the request to PennDOT he sends for Spuds and Suds. President Saginario requested that Mr. Pasquariello submit a memo to Manager Flynn. MOTION: TO SUSPEND THE OPEN CONTAINER ORDINANCE FOR THE EVENT CONTINGENT UPON PENNDOT APPROVAL OF ROAD CLOSURE AND HAVE THIS EVENT FOLLOW SAME GUIDELINES AS SPUDS AND SUDS made by Vice President Ehrgott, seconded by Councilwoman Anderson; all ayes, motion carries 7-0. IN PROGRESS BUSINESS A. Justin Huratiak; potential buyer of Bath View Condos Mr. Huratiak introduced himself to Council and gave examples of his prior work. He explained that he is under agreement with Lafayette Ambassador Bank to purchase the property. Mr. Huratiak explained that he has spoken with DEP and Northampton County and noted that the NPDS permit had expired. He explained that in his previous developments, he has built smaller buildings and would like to place two buildings in the footprint of the second building that was originally proposed. He noted this would leave less impervious coverage. He addressed Council and Solicitor Kratz asking for clarification on how to proceed, noting that building plans are submitted separately, and that the footprint is just a placeholder. Solicitor Kratz explained that Mr. Huratiak would not be able to simply file for a building permit; and that there was a list of improvements left incomplete. Mr. Huratiak questioned why no action was taken against the original developer. Solicitor Kratz noted that Solicitor Marles did notify the developer that the land development plan became null and void due to the incomplete improvements. Solicitor Kratz stated that he would forward a copy to Mr. Huratiak and that a Professional Services Agreement should be entered into. Mr. Huratiak commented that he would like to sign an agreement and begin discussions on finishing the project. B. LVPC Traffic, Pedestrian, and Safety Study Final Presentation This will be discussed at the Town Hall on May 5th. C. Colonial Regional Police Department Exit Committee This was discussed in Executive Session. D. 224 W Main Street Sale Manager Flynn noted that no bids were received. Solicitor Kratz explained that the bid request should be advertised again and if no bids are received, the Borough can then enter into a private sale. E. General Code Codification Rehabilitation This is in progress. F. Update of PennDOT 248 Realignment Manager Flynn explained that the engineer had expressed interest in attending a Council meeting to give information. This topic could be discussed at a Town Hall meeting on June 4th. G. Paw Park Committee Report Mayor Mirabito noted that she will meet with Yost about fencing. H. Nor-Bath Trail Updates: There was nothing new to discuss. CAPITAL IMPROVEMENT PROJECTS A. Roads Highlights were in Council s packet. B. MS4 4

5 Manager Flynn noted that there were no highlights. C. Facilities/Parks D. Information Technology Manager Flynn had nothing to highlight. MOTIONS MOTION: TO ACKNOWLEDGE THE TIMELINE FOR THE PROGRESS OF THE NEW MUNICIPAL OFFICES made by Vice President Ehrgott, seconded by Councilwoman Anderson; all ayes, motion carries 7-0. ORDINANCES A. In Committee- Proposed Ordinance No.2018-XXX AN ORDINANCE AMENDING CHAPTER 111 OF THE BOROUGH OF BATH CODE OF ORDINANCES It was noted that this is in progress. It will be sent to legal when ready and then come before Council. CORRESPONDENCE FORWARDED TO COUNCIL BY 03/05/ LV Mayors & Elected Officials Reception Dinner CURRENT SUBDIVISION/LAND DEVELOPMENT TIME LIMIT EXTENSIONS Nothing to Report MOTION to enter executive session at 9:20 PM made by Vice President Ehrgott, seconded by Councilwoman Anderson; all ayes, motion carries 7-0. MOTION to enter public session at 9:37 PM made by Vice President Ehrgott, seconded by Councilman Kovalovsky; all ayes, motion carries 6-0. Councilwoman Andrews discussed her training session with PSABs. She added the Council Member Boot Camp recently and highly recommends the training for incoming Councilmembers. Councilwoman Andrews said the training was informative and helped her to understand her role as a councilmember. She also networked and received the names and information of other governing members. Mayor Mirabito shared her new business cards with the group. Mayor Mirabito said she could design councilmember business cards. If any councilmember was interested, she would create the cards for them. Councilwoman Cynthia Anderson notified Council that she will be stepping down after tonight s meeting. Councilwoman Anderson was hired as the Director of the Nazareth-Bath Chamber of Commerce. With regret, she submitted her resignation to council. MOTION with regret, to accept the resignation of Councilwoman Cynthia Anderson and to advertise her seat in the Home News; Regular Session of Council to begin at 6:00 PM for councilmember interviews prior to the regular session; interested candidates shall submit a cover letter and resume, made by Vice President Ehrgott, seconded by Councilman Fenstermaker; motion carries 6-0-1, Councilwoman Anderson abstaining. GENERAL COMMENTS OR ITEMS TO BE PLACED ON THE NEXT AGENDA None. ADJOURNMENT Motion to adjourn at 9:46 PM made by Vice President Ehrgott, seconded by Councilman Fenstermaker, all ayes. Respectfully Submitted, 5

6 Bradford T. Flynn Borough of Bath Manager, Secretary and Treasurer 6