[0:00] I'd like to call to order the Bath Borough Stormwater Authority

[0:04] meeting for Monday, August 24th, 2026. If we could all stand for the Pledge of

[0:08] Allegiance.

[0:12] » I pledge allegiance to the flag of the United States of America,

[0:16] » [clears throat] >> and to the republic for which it stands,

[0:19] one nation under God, indivisible, with liberty and justice for all.

[0:28] » If you'd like to call the roll. >> President Mirabito.

[0:31] » Here.

[0:34] » Secretary Romanishan. >> Here.

[0:36] » Treasurer Shamberg. >> Here.

[0:38] » Member Angst. >> Here.

[0:39] » Solicitor Sennett. >> Here.

[0:41] » Engineer Madison. >> Present.

[0:43] » Manager of funds present.

[0:53] » Okay, motions. Approval of the minutes. The minutes are

[0:59] » Can they be tabled? >> Yeah, you can table those.

[1:02] We'll take them up at the next meeting. Yeah.

[1:04] » Okay, tabled. Announcements, non-public comments.

[1:14] Okay, who was here first? >> Uh

[1:16] » If you'd like to come up to the podium and say your name.

[1:24] » I'm Paul Goldman, I live at 90 East Main Street.

[1:28] Uh I'm here on behalf of the Bath Borough Tax Collection Committee,

[1:32] and sometime ago I was at a council meeting and requested to know the status

[1:38] of the uh Supreme Court ruling uh that applied uh

[1:44] to the Bath Borough Water Authority, our Stormwater Authority's ability to tax

[1:49] non- uh taxable entities.

[1:53] Uh the Supreme Court ruling uh they said that the uh

[1:57] bottom line was the court ruled that it's an

[2:00] unenforceable local tax rather than a service fee and they're, of course, tax

[2:05] tax exempt entities not obligated to pay.

[2:09] And at council meeting, I was told that I had

[2:12] to come here which I have been doing for the last month or two now.

[2:17] » Lee, do you want to respond to that? >> Yeah, I mean there's a lot we can go

[2:20] into on the Supreme Court decision, but I think one of the updates I was going

[2:23] to provide a little bit later is that we we have and if you received the the

[2:28] P-sets email blast, you might have already seen this as well, but we did

[2:32] receive the first opinion from a county court after that Supreme Court decision,

[2:38] weighing in on the question of whether or not an authority charging

[2:41] [clears throat] a storm water fee was permissible.

[2:43] Uh, and in that instance, the, uh, Luzerne County courts, uh, I'm sorry,

[2:48] Lackawanna County Court did find that pursuant to the Municipality Authorities

[2:52] Act, a storm water fee based on impervious surface is permissible, um,

[2:57] because the Authorities Act expressly authorizes such a fee.

[3:03] » Uh, so it so

[3:07] the court decided that it is uh, it's not a tax

[3:10] » Correct. Because >> fee even though

[3:12] » that this question was not posed to the Supreme Court. That was a borough

[3:16] charging a fee, not an authority charging a fee pursuant to express

[3:20] statutory authorization. Which was not the question at the

[3:24] borough. All right, the Supreme >> that all it is is a different entity

[3:27] charging it. There's no difference in how the fee was calculated or how it was

[3:31] applied. It was just who who who who established the fee and why was it

[3:37] applied, not that it was legal or not. It is that who is applying it and is it

[3:41] legal to apply it to a tax exempt entity?

[3:44] » When the Supreme Court considered that, some of the justices in their dissent

[3:48] expressly noted that they were not considering a fee charged pursuant to

[3:52] express statutory authorization or a regulatory fee, which is what the

[3:58] stormwater fee that Bath Authority charges is. So, that question has not

[4:02] been presented to the Supreme Court, and the court has not ruled on it.

[4:08] » I'm I'm not certain. I'm not I just I just know what I read about the article,

[4:12] and it certainly seemed that the state was in favor of not charging

[4:20] uh that fee to tax-exempt entities. Tax-exempt entities are

[4:24] for a reason. >> Again, that court

[4:26] » service the whole community, not just that entity that's being taxed.

[4:29] » Again, that's that decision was incredibly narrow and based specifically

[4:34] on the facts presented, and and almost every justice noted that. Even those in

[4:38] favor of the tax and those in favor of the fee, it was a 5-4 decision,

[4:42] and the one justice who ruled that it was a tax

[4:47] was very specific that it was only in that factual circumstance, and she would

[4:52] not necessarily rule the same way when presented with different facts.

[4:57] » So, the tax or fee or whatever you call it as it is as it stands today, nobody's

[5:02] proceeding with trying to dissolve it? >> Correct.

[5:14] » Next. >> Hi, my name is Michael Wallace at 223

[5:18] Grove. Just a follow-up on that. So, in Westchester, as long as they then

[5:23] created their own stormwater authority, then Westchester University would not

[5:26] all of a sudden pay their stormwater fee?

[5:31] » Uh I don't know. I think that the fact is it was a borough charging a fee,

[5:36] which wasn't statutorily authorized to do so.

[5:39] » Weren't those the same arguments that you made in your amicus brief?

[5:42] » Uh they Actually, I would say the the majority of opinions looked favorably

[5:47] upon that amicus. >> Okay. Well,

[5:50] before I run out of time here, let me just say

[5:54] People first sustainability, what is the difference between community leadership

[5:57] versus council leadership? Community leadership is a collaborative grassroots

[6:01] approach to public service where power and decision-making are shared directly

[6:04] with the people rather than operating top-down mandate. It's built on mutual

[6:08] trust, active listening, and collective participation. Power shared, not

[6:12] awarded. Rooted in live and lived experience, collaborative and inclusive,

[6:17] action-oriented. This style of leadership empowers

[6:20] everyone who has a stake and a voice in the collective future. B. Council

[6:24] leadership is a top-down governance model where a governing body or

[6:28] individual wields power without public input. Instead of serving

[6:32] as a collaborative public trust, authority is wielded as a tool for

[6:35] control. Top-down authority, power over people, gatekeeping and control, and

[6:40] exclusive. Suppression and of suppression of

[6:44] dissent, systematic disconnection. This style of leadership creates environments

[6:48] of fear, apathy, and division. That there, what I just read was a post

[6:52] by Lauren Bullwinkel, one of these are replacing her this evening on this

[6:55] council. >> You're not a council.

[6:59] » Okay. On your authority. Uh and this brings me to a couple

[7:04] questions. One of the big things that I've raised here, we've discussed taxes

[7:08] versus fees. Now, it's come to my uh information that I raised with council

[7:14] is that you guys are dictating how we spend

[7:18] hundreds of thousands, if not close to a million dollars in in

[7:21] residents' money. Yet, Mr. Marbito, you yourself have not yet paid property

[7:26] taxes on any of your own rentals uh for over 2 years.

[7:31] I have paperwork here. >> I don't care what you have.

[7:33] » Okay, great. Great. Uh also, it then raises the question

[7:37] when it comes to these fees, those fees that we all pay and that we send in to

[7:41] the uh They're processed by the board, which is

[7:44] also the mayor. So my question would be >> It's not.

[7:47] » Oh, it's not? Okay. Well, my question is have you actually paid

[7:51] your own sewer and water for the fourth quarter fees?

[7:54] » They're due by the end of the year. >> Okay. Okay. Did you pay last year's?

[7:58] » Of course I did. >> Oh, did you? Okay.

[8:00] » Why do we have to answer him? >> But more importantly, Mike, your time's

[8:03] up. >> Oh, that was 5 minutes? Okay, that's

[8:06] funny. That's a fast clock.

[8:11] » Stop wasting our money. >> In the back, anybody?

[8:14] » No, I'm not wasting your money. Stop wasting our money. Maybe you should pay

[8:17] taxes and you know how we feel. >> Okay.

[8:20] » Instead of living in your house. >> pay your taxes, so how do I do know how

[8:23] you feel? >> Get a job.

[8:25] » Okay. Next.

[8:28] » Thank you, sir. >> This is exactly what Warren was talking

[8:31] about. >> Yeah, how about that?

[8:34] » We uh have a letter from Lauren Bolsnick uh

[8:37] resigning

[8:42] from Uh-huh. And her reason is I have three

[8:45] vacations coming up that put me away for the next 3 months. I also feel a bit

[8:51] disconnected since I left council. And

[8:56] she is resigning from the Penn Vest 4 board.

[9:01] Is there a motion to accept her resignation with

[9:06] regret? >> Motion.

[9:08] » Motion by Brian. Is there a second? >> Second.

[9:12] » Second by Jim. All those in favor signify by saying aye.

[9:15] Aye. Opposed? Motion carries.

[9:23] Pearl manager's report.

[9:27] Yes, we do continue to process some credits. There's an appeal that we're

[9:31] also processing and we have about 80% of collected for 2026 through end of July.

[9:41] Okay. Any questions for Brad?

[9:45] Solicitor's report. >> Well, I've already touched on the main

[9:48] item I wanted to touch on, but I think that we have an executive session noted

[9:52] here on the agenda, but I don't I don't think we have need for one tonight.

[9:57] » Okay. Any questions for the solicitor?

[10:03] Engineer's report.

[10:08] » I have a couple updates. Um Our office will be has been working with

[10:16] the borough staff. At the end of this month, we will be submitting the annual

[10:20] report for the MS4 permit, which runs from uh

[10:27] July 1st of 2025 through June 30th of 2026. That's the permit period, and

[10:34] we'll be submitting that report with Brad both online versus first email for

[10:38] all the activities and all the uh outfall inspections conducted over the

[10:44] past year by the public works department on behalf of the stormwater authority.

[10:48] Um

[10:51] The construction project is moving forward. Um all the

[10:56] uh preliminary mobilization >> [music]

[10:59] » Sorry. Excuse me. All the preliminary mobilization has

[11:03] been done. All the orange construction fence has been put up on the school

[11:08] district property within the easement to keep any children out of the

[11:11] construction area for the rain garden. Uh orange construction fence has been

[11:16] placed uh on both Dr. Mathers and Mrs. Young's

[11:21] property cuz they're in close proximity to uh

[11:25] basin number two. And then also around basin number one, orange construction

[11:30] fence has been put up. The contractor will be removing the existing damaged

[11:36] fence, 4-ft high fence around basins 1 and 2 as well. They've also removed all

[11:41] the trees from basin 1 and the large trees within

[11:46] the easement between Dr. Mather's and Mrs. Young's property.

[11:51] Um the pay request number two was submitted

[11:55] by Grace Industries. It was for work

[12:00] conducted through August 21st, 2026.

[12:04] We submitted a letter dated August 21st, 2026

[12:09] recommending paying number two in the amount of $59,666.94.

[12:16] Um this is for all the work completed to

[12:18] date less last month's pay request number one and 10% retainage.

[12:24] The project is basically 12% complete based

[12:28] on a payment basis. This will require action by the board to

[12:34] approve submitting um

[12:37] this pay request to PennVEST for re- disbursement of funds and then

[12:41] ultimately payment of Grace Industries. So, I would

[12:46] like to have a motion to approve approve payment number two in the amount

[12:50] of $59,666.94.

[12:57] » Motion. >> Motion by Pam. Is there a second?

[13:00] » Second. >> Second by Brian. All those in favor

[13:02] signify by saying aye. >> Aye.

[13:04] » Aye. Opposed? Motion carries. >> Uh Brad has been working with PennVEST

[13:11] to set up the banking account for which PennVEST will

[13:16] distribute funds based on the the loan amount.

[13:19] Um that should be completed in the next couple of days.

[13:23] At this point, we will submit all the invoices to date, which will

[13:28] include Grace Industries Construction contractor's invoices number one and

[13:34] two, but also uh the legal

[13:37] uh invoices uh for uh all the documentation for the PennVest loan,

[13:43] the engineering invoices for the design phase, the PennVest loan uh

[13:49] application, and the bidding phase, and the first

[13:54] uh two months of the construction phase. So, these are all part of invoices that

[13:59] you already approved in your financial report. Just letting you know that

[14:03] they're now going to be submitted to PennVest so that the BBSA gets

[14:07] reimbursed uh >> [sighs]

[14:09] » uh by the PennVest loan. Uh lastly, I wanted to bring up that um

[14:18] we uh

[14:22] And that we were not able to come up with a shed in stock to replace Mrs.

[14:26] Young's shed. If you recall, uh the contract was set up to move her

[14:31] existing two sheds, and the contractor got in the street and that they would

[14:36] probably fall apart if they were tried to be moved, so

[14:39] uh the board agreed to uh install new shed, let her move her

[14:43] private uh materials within the shed from the one shed to the other so the

[14:47] contractor doesn't have to be involved with that. Um

[14:51] the new shed is going to be just over $9,000

[14:58] um because it includes the sales tax

[15:01] because the shed will be not a permanent asset of the BBSA, the solicitor

[15:07] determined that uh that shed purchase would not be tax

[15:11] exempt. So, the contractor has to pay the sales tax,

[15:15] and then we'll ultimately have to uh pay back the contractor. Um it's that's

[15:22] not before you today, but just wanted to be informed.

[15:27] That's pretty much where we're at on all things associated with the capital IMS 4

[15:32] project and, uh, other aspects [clears throat] that we're

[15:36] working on. >> Okay, thank you.

[15:39] Any questions for Ron?

[15:46] Finance update, uh, treasurer's report and payment of the

[15:50] bills.

[15:54] Is there a motion to or there are there any questions about the, uh,

[16:00] treasurer's report?

[16:05] Okay, is there a motion to pay the bills?

[16:08] » Motion. >> Motion by Brian, is there a second?

[16:12] » Second.

[16:14] » Second by Jim. All those in favor signify by saying I.

[16:19] » I. >> I. Opposed?

[16:21] Motion carries. Is there anything else

[16:27] that anyone needs to bring up? >> No.

[16:30] » Then I'll entertain a motion to adjourn. >> [sighs]

[16:35] » Motion. >> Motion by Brian, is there a second?

[16:38] » Second. >> Second by Jim. All those in favor?

[16:41] I. Opposed? Motion carries.

[16:47] All right.

August 24, 2026 | BBSA Meeting Audio File

Transcript