CATASAUQUA BOROUGH COUNCIL REGULAR MEETING MAY 7, Mr. Bartholomew, Mr. Regits, Mr. Reinhard, Mr. Smith, Mrs. Smith, Mrs. Snyder, and Mr. Zimbar

CATASAUQUA BOROUGH COUNCIL REGULAR MEETING MAY 7, 2007 President Regits called the regular meeting of Catasauqua Borough Council to order at 7:30 P...
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CATASAUQUA BOROUGH COUNCIL

REGULAR MEETING

MAY 7, 2007

President Regits called the regular meeting of Catasauqua Borough Council to order at 7:30 PM with the Pledge to the Flag. MEMBERS PRESENT:

Mr. Bartholomew, Mr. Regits, Mr. Reinhard, Mr. Smith, Mrs. Smith, Mrs. Snyder, and Mr. Zimbar.

ALSO PRESENT:

Fire Chief Burrows, Attorney Dinkelacker on behalf of Solicitor Dimmich, Junior Councilperson Gerancher, Treasurer Hein, Engineer Henning, Police Chief Kish, Public Works Supervisor MacHose, and Mayor Schlegel.

POLICE OFFICER AWARDS PRESENTATION:

Police Chief Kish requested a moment of silence to honor the memory of the passing of Officer David Petzold, a police officer from the Upper Saucon Police Department, who was recently killed.

GALLANTRY STAR AWARDS:

Officer Raymond Anthony was presented the Gallantry Star Award for the arrest of an armed and wanted person at 545 4th Street. Officer Elwood Buchman was given the same award, but was not present at the meeting.

SERVICE AWARDS:

The following service awards were given: Officer John Lakits 30 years Officer Kevin Smith 25 years Officer Elwood Buchman 10 years Officer Peter Pavlovic 5 years Officer Jeffrey Wagner 5 years Officer Christopher Wittik 5 years

RANK OF PATROLMAN FIRST CLASS:

MINUTES:

HEARING OF PERSONS PRESENT:

The following officers attained the rank of Patrolman First Class: Officer John Lakits Officer Kevin Smith Officer Jeffrey Wagner Officer Christopher Wittik Officer John Wiseman The minutes of the April 2, 2007 regular meeting of Council were moved for approval by Mr. Zimbar, seconded by Mr. Reinhard. The motion passed seven in favor, none opposed. John Rigo, 522 2nd Street, said he would prefer if the skate park was put in another court closer to the pool. There is profanity and smoking going on there and also a lot of litter in the area. Martin Muth, the owner of 731 Front Street, said he would like to discuss and resolve the issue regarding the roofline overhangs on his property. President Regits said this issue would not be resolved tonight, it would be sent to the Planning & Zoning Committee for their review

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and recommendation. Mr. Zimbar scheduled a committee meeting for Thursday, May 17th at 7:00 PM. Albert Farah, 408 Circle Drive, said the courts were full when he went to play tennis. He said the courts should be used for tennis because the court is too small for a skate park. Janice Lathrop, 616 2nd Street, said the skate park should not be located at Candy Cane Park. It is a residential district and there would be a lot of noise and garbage. Janice Snyder, 602 American Street, said this issue of using a tennis court for other than tennis was discussed back in 1989, but was not done then because of legal and insurance concerns. She read a letter that Peter Fuller wrote to Borough Council on October 2, 2006. Mr. Fuller listed three suggestions for Council to consider before making a decision to convert the tennis courts to a skateboard/street hockey. He wrote that Council should consider a cooperative effort with the YMCA to run tennis programs, do a needs assessment using a questionnaire to determine if skateboarding, bicycling, street hockey and other recreational programs can be identified as true needs, and also to do research on other skateboard facilities that have been built. Jay Miller, 338 American Street, said approximately 100 people signed a petition against a skate park. He suggested that a skate park be put at the north end of the pool, which is hardly used. Jim Sipics, 200 Faith Drive, asked when the yard waste facility would be open. Mr. Goldfeder explained that we have too many materials at the facility and we have no place to go with any more. The Borough is working on a revised program to accommodate Catty residents and hopefully it will be ready by fall. President Regits said he received a letter from Lehigh County Solid Waste Management announcing that they will be sponsoring two oneday programs dedicated to the proper disposal of household hazardous waste materials. The dates are set for June 2nd and October 27th from 8:00 AM to 3:00 PM at their plant in Fogelsville. There is no cost, but participants must pre-register ORDINANCES/RESOLUTIONS: ORDINANCE #1213:

Mrs. Smith moved, seconded by Mr. Reinhard, to adopt an ordinance amending Chapter 260 of the Catasauqua Code regulating vehicle traffic. The motion carried seven in favor, none opposed.

RESOLUTION #8-07:

Mr. Reinhard moved, seconded by Mr. Bartholomew, to adopt a resolution revising the snow emergency routes in the Borough. The motion carried seven in favor, none opposed.

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MANAGER’S SECRETARY REPORT:

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MAY 7, 2007

Manager Goldfeder reported.

WATER/SEWER REPORT:

Manager Goldfeder reported that a total of 19,185,000 gallons of water was pumped to the system for the month of April for a daily average of 639,500 gallons. The sewer report for the same period was 29.27 million gallons of sewage treated for a daily average of 970,000 gallons.

DOWNTOWN PLANNING GRANT:

The Manager reported that we were successful in obtaining a Downtown Planning Grant in the amount of $24,000 from Lehigh County.

RECREATION GRANT:

A letter was received today from DCED approving our request to modify the Recreation Grant to provide funding for skate park equipment instead of street hockey.

PLAY AT THE PARK:

The Manager reported that the Lehigh Valley Performing Arts School will be performing a student play at and in front of the amphitheater on Memorial Day weekend.

L. C. BOARD OF COMMISSIONERS: President Regits said that the Lehigh County Board of Commissioners meeting will be held here at Borough Hall on Wednesday, May 9th, at 7:30 PM. FISHING DERBY:

Mr. Bartholomew said that Jeff MacHose had a very good fishing derby this year and in past years. He was concerned that recent issues that came up with the canal and changes that are being considered would impact the derby in the future. The Manager said he would be speaking with the County in the next week or two and would include the annual fishing derby in the discussions.

EMERGENCY SERVICES BLDG.

In response to a request from Mr. Reinhard, the Manager said he would ask the Solicitor to prepare a draft agreement for the architectural design of the emergency services building.

TREASURER’S REPORT:

The Treasurer’s Report was moved for approval by Mr. Zimbar, seconded by Mrs. Smith. The motion passed seven to zero.

MAYOR’S REPORT:

Mayor Schlegel thanked Jeff MacHose for all the work he put into the Fishing Derby on Saturday. It was a great success. The Mayor also thanked Nicole Gerancher and the Catasauqua High School seniors for participating in Senior Volunteer Day to help clean up the borough.

JUNIOR COUNCIL PERSON:

No report.

SOLICITOR’S REPORT:

Attorney Dinkelacker reported.

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CATASAUQUA BOROUGH COUNCIL PROPERTY AT HOWERTOWN & WALNUT STREET:

REGULAR MEETING

MAY 7, 2007

The property seems to be slowly getting more items on the land. The property will be monitored.

POLICE RULES & REGULATIONS:

Another meeting will be scheduled to try to move this to conclusion.

PROPERTY TAX COLLECTION:

At the workshop meeting the Solicitor was asked to make the tax collections and take over the matters from the tax claim bureau as relates to delinquent taxes for last year only.

HISTORIC DISTRICT ORDINANCE:

A public meeting was held on April 25th regarding the rough draft of the ordinance. The Solicitor would like guidance from Council on how to proceed. Mr. Zimbar changed the date of the Planning & Zoning Committee meeting to Monday, May 21st, at 6:00 PM to discuss the Historic District Ordinance and the matter regarding 731 Front Street. Mr. Zimbar requested the Manager to notify Mr. Muth of the date change. Mr. Bartholomew said he went over the notes on the Historic District Ordinance and he wants to know if Council wants to go forward. Mr. Bartholomew moved, seconded by Mrs. Smith, to discontinue work on the Historic District Ordinance. Mr. Reinhard said that he likes the idea behind the ordinance. He thinks that some better enforcement of the existing rules is needed or anything will fail. He said that people who let their homes get dilapidated would still not improve them even with this ordinance. Mr. Smith said that the request started from the business revitalization group. They said they wanted to make a business historic district to attract more businesses and tie all three districts together. Mr. Zimbar said that those who maintain their homes now will do so without the ordinance. The ordinance will help guide them in to doing it historically. Others who don't do anything won't. Mr. Bartholomew said he's probably one of the biggest history buffs around. The entire Borough can be considered historic from an age standpoint. However, he doesn't think the ordinance will work since it doesn't kick in until somebody wants to do something. Mr. Smith said that he feels it prudent to have another meeting with the Solicitor to go over the results of the public meeting and then consider this vote. Mr. Zimbar said that many of these regulations are already in the Zoning Ordinance. Mrs. Janice Lathrop said that at the last public meeting it was stated that there would be another meeting. She said in good faith we should have

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a meeting. When the districts were first proposed they were much larger, but the State Historic Museum Commission reduced them because in the rest of the area that was proposed the architecture was lost. Once it's gone, it's gone. They are trying to protect and save what is there. Mrs. Melanie Zettlemoyer said we need to have the ordinance to get the Borough back on its feet and to protect the buildings. Mr. Cliff Lathrop said it's important for the Borough to go forward. This ordinance will keep people from destroying old homes. Jessica Kroope said she believes that the Historic District Ordinance is valuable, but the fees are too high. Mr. Zimbar responded that there will be no fees for the process. After discussion a roll call vote on the motion to stop all work on the Historic District Ordinance carried four in favor, three opposed, Mr. Reinhard, Mr. Smith and Mr. Zimbar voting no. POLICE NEGOTIATIONS:

STORM WATER ORDINANCE REVISION:

The contract has been approved by Council and this matter is now concluded.

The Solicitor has heard that DEP may be changing the form document. The storm water ordinance was passed at the last meeting. The engineer has also made suggested changes. Once we determine if DEP is using a new form, we will address the changes submitted by the engineer.

ENGINEER’S REPORT:

Mr. Henning reported.

SEWAGE TREATMENT PLANT:

The Engineer is proceeding with contract documents to install variablefrequency (variable-speed) drives as requested by the Sewer Authority. This system will increase efficiency and reduce power costs for the influent pumps.

SOUTHWARK HOSE NO. 9– FLOOR MOVEMENT:

SURVEY OF STREET RIGHTSOF-WAY:

The Engineer is awaiting direction for another inspection of the floor structure.

The layout of Brick Street for paving has been completed. The Engineer is now working with Attorney Dimmich to determine historic property data for remaining streets in that area.

420 HOWERTOWN ROAD:

Construction of the condominiums is continuing. The water service and sanitary sewer lateral have been installed.

136 FRONT STREET:

Construction of the three proposed townhouses is underway.

JAMES W. GREENE:

Construction is underway. The sanitary sewer extension is completethe top elevation of the terminal manhole needs to be raised to final

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grade. Final ground and pavement restoration will be scheduled. A letter was issued to the Developer. ROSE MORDOSKY: OPERATION & MAINTENANCE PLAN:

Sidewalk and curb installation are underway.

The Engineer is awaiting notification for a meeting with Mr. Goldfeder and Water Department personnel to begin development of an O&M Plan as required by DEP for Tier 1 (imminent threat) Public Notification.

DISINFECTANTS & DISINFECTION BY-PRODUCTS RULE (STAGE 2 DBPR): The Engineer submitted to EPA a "40/30" waiver request that would postpone the requirement to conduct an Initial Distribution System Evaluation (IDSE) until 2013. The purpose of the IDSE is to identify locations in the distribution system that have the highest total trihalomethane (TTHM) and the highest haloacetic acid (HAA5) concentrations. The locations in the distribution system with the highest TTHM and highest HAA5 concentrations will be used as Stage 2 DBPR compliance monitoring sites. Until then, routine sampling would continue at 3-year intervals as established by DEP. ABOVE GROUND FUEL STORAGE TANK:

At Gene's request the Engineer is investigating EPA requirements for a Spill-Prevention, Control and Countermeasure (SPCC) plan for the combination gasoline/diesel tank sewage treatment plant.

ACT 167 UPDATE:

The Engineer provided comments on the proposed ordinance.

GENERAL GOVERNMENT:

Mrs. Smith reported.

PHONE SYSTEM VENDOR:

Mrs. Smith moved, seconded by Mr. Zimbar, to change the Borough's phone system vendor to CTSI. The motion carried seven in favor, none opposed.

UTILITY BILL ADJUSTMENTS:

Mrs. Smith reported that the General Government Committee recommends that no adjustments be made to the utilities bills of 605 Front Street and 414-416 2nd Street.

ICMA CONFERENCE:

Mrs. Smith moved, seconded by Mr. Reinhard, to approve the request of the Manager to attend the October ICMA Conference in Pittsburgh at an estimated cost of $1600. The motion carried seven to zero.

WALK OF HONOR:

Mrs. Smith moved, seconded by Mr. Reinhard, to nominate Ralph Krause, Edmund Kratzer and Thomas Lynch to the Walk of Honor. The motion passed seven in favor, none opposed.

TAXPAYER APPEAL BOARD:

There is a vacancy on the Taxpayer Appeal Board, term expiring December 31, 2007. If anyone is interested they should contact the Borough office.

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PUBLIC SAFETY:

Mr. Reinhard reported.

REPORTS:

The Police, Fire and Board of Health Reports are available for review and/or questions.

BOARD OF HEALTH:

There is a vacancy on the Board of Health, term expiring December 31, 2010. Anyone interested should notify the Borough Manager.

PUBLIC UTILITIES:

No report.

PLANNING & ZONING:

Mr. Zimbar reported.

COMMITTEE MEETING:

Mr. Zimbar changed the date of the Planning & Zoning Committee meeting to Monday, May 21st, at 6:00 PM, which is when they generally meet. He requested the Manager to contact Mr. Muth of the change.

PLANNING COMMISSION APPOINTMENTS:

Mr. Reinhard moved, seconded by Mr. Bartholomew, to appoint Paul Zimbar and Fred Lutz to the Planning Commission, terms expiring May 1, 2011. The motion carried seven to zero. Mr. Zimbar said there is a vacancy on the Planning Commission, term expiring May 1, 2009. If anyone is interested, they should contact the Borough Manager.

CODE HEARING BOARD:

Mr. Zimbar reported that there are three vacancies on the Code Hearing Board, terms expiring 9/5/09, 9/5/10 and 9/5/11. If anyone is interested, they should contact the Borough Manager.

RECREATION:

Mrs. Snyder reported.

VIDEO MONITORING EQUIPMENT: Mrs. Snyder moved, seconded by Mrs. Smith, to authorize the purchase and installation of video monitoring equipment at the park through the PEPPM Program. The motion carried seven in favor, none opposed. In response to a question, Police Chief Kish explained that cameras will be installed at the park and they will be monitored 24 hours per day by the Police Department. It is actually a recording so that if there is ever a problem at the park, the police could check back on the recording. PAL REQUESTS TO USE PARKS:

Mrs. Smith moved, seconded by Mr. Bartholomew, to grant permission to the Catasauqua PAL to use Borough facilities subject to receiving the appropriate certificates of insurance. Specifically, permission was granted to use the Candy Cane basketball court for youth basketball leagues on Sundays from May 27th through September 23rd, and the St. John Street Park on June 2nd & 3rd for Junior Olympic Regionals. Conditional approval was given to use the St. John Street Park for pickup games specifying that there is no guarantee that any area, or court, will be available for their use at any particular time. The motion carried seven in favor, none opposed.

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Council also specified that PAL cannot throw anybody off an area or court if they are being used by someone else. Their request to use the tennis courts for soccer was denied. PAL will also be notified that there is no wall for tennis ball hitting competition at the park. The Manager will include the conditions/stipulations in his letter to the Catasauqua PAL. SKATE PARK EQUIPMENT:

Mrs. Snyder moved, seconded by Mr. Smith, to authorize the purchase of skate park equipment at an approximate cost of $9,000. In response to a question from President Regits, Mr. Reinhard said that the skate park would stay where it is located now for one year. Mr. Regits also thought Council's initial vote was for street hockey. He was informed that the motion was changed to specify the use of the court for bikes, skateboards and street hockey. Mr. Reinhard said that once the skate park equipment is purchased, homemade equipment will not be allowed on the court. Concerning street hockey Mr. Reinhard said that the Recreation Committee had discussed using another tennis court for that purpose since the multi-use of street hockey and skateboarding will not be feasible. In response to a question on whether we could work with the YMCA for one of the facilities, Mr. Smith said that he doesn't want to tie us to the Y's facilities. He said that a survey was undertaken in the Middle and High Schools and that about 10% of the respondents wanted some sort of tennis and over half of the respondents wanted a skate and bike park. They are looking at other locations for the future; this is only a test year. Emily Zacharda questioned what about other adults that are using the facilities. Mr. Smith said they monitored the court use and usually there are two courts in use. Mr. Jay Miller said that he is in favor of helping out the kids. He was a founding father of the Catasauqua Playground Association; we did a lot for them. However, he believes the tennis court is too small and can actually work in reverse. The kids get bored because they can't get on the facility. They won't come and then it will look like they don't want the facility. Brian Hunsicker said some of the stuff on Candy Cane needs replacement anyhow. Maybe we should put the park there instead. Mrs. Snyder said that if we remove the court from the main park, we'll lose some of the visibility for the police. She said this is a trial period only. Jeff MacHose said that we need a lot more room for a proper skate park. Candy Cane is needed for the little kids that live in that area. He said

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the skate park needs to be policed by the parents and older kids or they'll lose it, wherever it is. After discussion the motion passed six in favor, one opposed, Mr. Regits voting no. STREET HOCKEY:

Mr. Regits asked what's going to happen with the other courts. Mr. Reinhard said that in committee they discussed that there is enough need for a skate park so they need to go elsewhere for street hockey. They discussed using a second court for street hockey. Mrs. Snyder moved, seconded by Mr. Bartholomew, to use a second tennis court for street hockey. In response to a question regarding liability insurance, the Manager said that we have insurance coverage this year. He said we would have to check for coverage next year because it may change. Mr. Jay Miller questioned if mandatory protection would be required. He was informed that guidelines would be decided on and that Council would decide who would enforce them. The motion to use a second tennis court for street hockey failed after a roll call vote indicated three in favor, four opposed – Mr. Bartholomew, Mr. Zimbar, Mrs. Smith, and Mr. Regits voting no.

COMMITTEE MEETING:

A Recreation Committee meeting was scheduled for Thursday, May 10th, at 7:00 PM.

PUBLIC WORKS:

Mr. Bartholomew reported.

COMMITTEE MEETING:

A Public Works Committee meeting was scheduled for Thursday, May 10th, at 3:00 PM.

COMMUNITY DAY:

The Manager said he received a letter from the Catasauqua/North Catasauqua Chamber of Commerce requesting to close Bridge Street from Front to 2nd Street on June 3rd from 10:00 AM to 6:00 PM for Community Day. He said he would send a letter authorizing the street closure.

BILLS & ACCOUNT:

The bills were approved for payment on a motion of Mrs. Smith, seconded by Mr. Bartholomew. The motion carried seven to zero. General Fund $201,515.80 Sewer Collection System $221,316.88 Community Development -0-

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Water $18,469.08

Sewer Plant $60,183.36 Payrolls of 4/13 & 4/27/07 $114,353.76

CATASAUQUA BOROUGH COUNCIL UNFINISHED BUSINESS:

REGULAR MEETING

MAY 7, 2007

Mr. Zimbar said that there is one zoning appeal scheduled for the May Zoning Hearing, but it is not one that Council needs to involve itself with. Mr. Bartholomew said that if the Historic Society wanted to continue to work on the Historic District Ordinance, they could do the groundwork, get public input, revise the ordinance and then present it to Council at a later date. In response to a question from Mrs. Smith, the Manager said the issue regarding a 15-minute parking zone for the tax collector will be forwarded to committee for discussion.

NEW BUSINESS:

Mr. MacHose said the fishing derby was a success – approximately 200 kids came out and he hopes it continues in the future. He thanked Borough Council for their support and also the high school students for their help.

HEARING OF PERSONS PRESENT In response to a question from Mr. Brian McKittrick, 331 Mulberry AGENDA ITEMS ONLY: Street, the Manager said that the Borough would realize an approximate savings of $2,000 per year by changing the phone system from Verizon to CTSI. ADJOURNMENT:

There being no further business the meeting was adjourned at 9:22 PM. Respectfully submitted,

Eugene L. Goldfeder Borough Secretary H:\USERS\MARY\2007 Word\Minutes\May 7, 2007.DOC

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