1 00:00:00,000 --> 00:00:07,400 I'd like to call to order the Bath Borough Stormwater Authority 2 00:00:04,240 --> 00:00:11,360 meeting for Monday, August 24th, 2026. If we could all stand for the Pledge of 3 00:00:08,760 --> 00:00:11,360 Allegiance. 4 00:00:12,240 --> 00:00:16,480 » I pledge allegiance to the flag of the United States of America, 5 00:00:16,375 --> 00:00:22,280 » [clears throat] >> and to the republic for which it stands, 6 00:00:19,040 --> 00:00:25,800 one nation under God, indivisible, with liberty and justice for all. 7 00:00:28,800 --> 00:00:34,200 » If you'd like to call the roll. >> President Mirabito. 8 00:00:31,800 --> 00:00:34,200 » Here. 9 00:00:34,280 --> 00:00:37,880 » Secretary Romanishan. >> Here. 10 00:00:36,520 --> 00:00:39,480 » Treasurer Shamberg. >> Here. 11 00:00:38,320 --> 00:00:41,000 » Member Angst. >> Here. 12 00:00:39,880 --> 00:00:42,400 » Solicitor Sennett. >> Here. 13 00:00:41,400 --> 00:00:46,120 » Engineer Madison. >> Present. 14 00:00:43,000 --> 00:00:46,120 » Manager of funds present. 15 00:00:53,920 --> 00:01:00,760 » Okay, motions. Approval of the minutes. The minutes are 16 00:00:59,560 --> 00:01:04,080 » Can they be tabled? >> Yeah, you can table those. 17 00:01:02,600 --> 00:01:06,480 We'll take them up at the next meeting. Yeah. 18 00:01:04,680 --> 00:01:11,080 » Okay, tabled. Announcements, non-public comments. 19 00:01:14,320 --> 00:01:18,080 Okay, who was here first? >> Uh 20 00:01:16,880 --> 00:01:21,040 » If you'd like to come up to the podium and say your name. 21 00:01:24,040 --> 00:01:30,400 » I'm Paul Goldman, I live at 90 East Main Street. 22 00:01:28,040 --> 00:01:35,520 Uh I'm here on behalf of the Bath Borough Tax Collection Committee, 23 00:01:32,840 --> 00:01:41,720 and sometime ago I was at a council meeting and requested to know the status 24 00:01:38,840 --> 00:01:47,240 of the uh Supreme Court ruling uh that applied uh 25 00:01:44,720 --> 00:01:50,920 to the Bath Borough Water Authority, our Stormwater Authority's ability to tax 26 00:01:49,720 --> 00:01:55,200 non- uh taxable entities. 27 00:01:53,040 --> 00:01:59,280 Uh the Supreme Court ruling uh they said that the uh 28 00:01:57,920 --> 00:02:03,200 bottom line was the court ruled that it's an 29 00:02:00,120 --> 00:02:08,160 unenforceable local tax rather than a service fee and they're, of course, tax 30 00:02:05,640 --> 00:02:10,600 tax exempt entities not obligated to pay. 31 00:02:09,200 --> 00:02:14,160 And at council meeting, I was told that I had 32 00:02:12,640 --> 00:02:19,240 to come here which I have been doing for the last month or two now. 33 00:02:17,200 --> 00:02:22,320 » Lee, do you want to respond to that? >> Yeah, I mean there's a lot we can go 34 00:02:20,520 --> 00:02:26,360 into on the Supreme Court decision, but I think one of the updates I was going 35 00:02:23,760 --> 00:02:30,120 to provide a little bit later is that we we have and if you received the the 36 00:02:28,200 --> 00:02:35,480 P-sets email blast, you might have already seen this as well, but we did 37 00:02:32,440 --> 00:02:40,080 receive the first opinion from a county court after that Supreme Court decision, 38 00:02:38,240 --> 00:02:42,520 weighing in on the question of whether or not an authority charging 39 00:02:41,131 --> 00:02:46,320 [clears throat] a storm water fee was permissible. 40 00:02:43,800 --> 00:02:51,280 Uh, and in that instance, the, uh, Luzerne County courts, uh, I'm sorry, 41 00:02:48,760 --> 00:02:54,880 Lackawanna County Court did find that pursuant to the Municipality Authorities 42 00:02:52,880 --> 00:02:59,320 Act, a storm water fee based on impervious surface is permissible, um, 43 00:02:57,600 --> 00:03:03,400 because the Authorities Act expressly authorizes such a fee. 44 00:03:03,880 --> 00:03:09,519 » Uh, so it so 45 00:03:07,040 --> 00:03:12,040 the court decided that it is uh, it's not a tax 46 00:03:10,840 --> 00:03:14,840 » Correct. Because >> fee even though 47 00:03:12,800 --> 00:03:18,840 » that this question was not posed to the Supreme Court. That was a borough 48 00:03:16,519 --> 00:03:23,040 charging a fee, not an authority charging a fee pursuant to express 49 00:03:20,600 --> 00:03:25,920 statutory authorization. Which was not the question at the 50 00:03:24,360 --> 00:03:29,519 borough. All right, the Supreme >> that all it is is a different entity 51 00:03:27,840 --> 00:03:34,440 charging it. There's no difference in how the fee was calculated or how it was 52 00:03:31,400 --> 00:03:39,760 applied. It was just who who who who established the fee and why was it 53 00:03:37,239 --> 00:03:43,600 applied, not that it was legal or not. It is that who is applying it and is it 54 00:03:41,959 --> 00:03:46,440 legal to apply it to a tax exempt entity? 55 00:03:44,120 --> 00:03:50,239 » When the Supreme Court considered that, some of the justices in their dissent 56 00:03:48,360 --> 00:03:56,320 expressly noted that they were not considering a fee charged pursuant to 57 00:03:52,720 --> 00:04:00,480 express statutory authorization or a regulatory fee, which is what the 58 00:03:58,760 --> 00:04:04,000 stormwater fee that Bath Authority charges is. So, that question has not 59 00:04:02,520 --> 00:04:07,520 been presented to the Supreme Court, and the court has not ruled on it. 60 00:04:08,680 --> 00:04:16,440 » I'm I'm not certain. I'm not I just I just know what I read about the article, 61 00:04:12,400 --> 00:04:22,680 and it certainly seemed that the state was in favor of not charging 62 00:04:20,440 --> 00:04:25,240 uh that fee to tax-exempt entities. Tax-exempt entities are 63 00:04:24,360 --> 00:04:27,840 for a reason. >> Again, that court 64 00:04:26,480 --> 00:04:31,880 » service the whole community, not just that entity that's being taxed. 65 00:04:29,480 --> 00:04:35,840 » Again, that's that decision was incredibly narrow and based specifically 66 00:04:34,040 --> 00:04:39,680 on the facts presented, and and almost every justice noted that. Even those in 67 00:04:38,120 --> 00:04:46,200 favor of the tax and those in favor of the fee, it was a 5-4 decision, 68 00:04:42,680 --> 00:04:49,960 and the one justice who ruled that it was a tax 69 00:04:47,720 --> 00:04:54,360 was very specific that it was only in that factual circumstance, and she would 70 00:04:52,360 --> 00:05:00,040 not necessarily rule the same way when presented with different facts. 71 00:04:57,040 --> 00:05:05,480 » So, the tax or fee or whatever you call it as it is as it stands today, nobody's 72 00:05:02,520 --> 00:05:08,000 proceeding with trying to dissolve it? >> Correct. 73 00:05:14,400 --> 00:05:20,400 » Next. >> Hi, my name is Michael Wallace at 223 74 00:05:18,440 --> 00:05:25,200 Grove. Just a follow-up on that. So, in Westchester, as long as they then 75 00:05:23,160 --> 00:05:28,640 created their own stormwater authority, then Westchester University would not 76 00:05:26,800 --> 00:05:31,040 all of a sudden pay their stormwater fee? 77 00:05:31,960 --> 00:05:38,720 » Uh I don't know. I think that the fact is it was a borough charging a fee, 78 00:05:36,880 --> 00:05:40,880 which wasn't statutorily authorized to do so. 79 00:05:39,800 --> 00:05:45,240 » Weren't those the same arguments that you made in your amicus brief? 80 00:05:42,800 --> 00:05:48,880 » Uh they Actually, I would say the the majority of opinions looked favorably 81 00:05:47,160 --> 00:05:52,400 upon that amicus. >> Okay. Well, 82 00:05:50,760 --> 00:05:55,920 before I run out of time here, let me just say 83 00:05:54,040 --> 00:05:59,400 People first sustainability, what is the difference between community leadership 84 00:05:57,360 --> 00:06:03,160 versus council leadership? Community leadership is a collaborative grassroots 85 00:06:01,080 --> 00:06:06,280 approach to public service where power and decision-making are shared directly 86 00:06:04,800 --> 00:06:10,440 with the people rather than operating top-down mandate. It's built on mutual 87 00:06:08,640 --> 00:06:15,280 trust, active listening, and collective participation. Power shared, not 88 00:06:12,760 --> 00:06:19,360 awarded. Rooted in live and lived experience, collaborative and inclusive, 89 00:06:17,680 --> 00:06:22,560 action-oriented. This style of leadership empowers 90 00:06:20,840 --> 00:06:26,360 everyone who has a stake and a voice in the collective future. B. Council 91 00:06:24,720 --> 00:06:29,960 leadership is a top-down governance model where a governing body or 92 00:06:28,040 --> 00:06:33,640 individual wields power without public input. Instead of serving 93 00:06:32,240 --> 00:06:38,040 as a collaborative public trust, authority is wielded as a tool for 94 00:06:35,080 --> 00:06:42,400 control. Top-down authority, power over people, gatekeeping and control, and 95 00:06:40,840 --> 00:06:46,800 exclusive. Suppression and of suppression of 96 00:06:44,320 --> 00:06:50,800 dissent, systematic disconnection. This style of leadership creates environments 97 00:06:48,280 --> 00:06:54,480 of fear, apathy, and division. That there, what I just read was a post 98 00:06:52,440 --> 00:06:57,400 by Lauren Bullwinkel, one of these are replacing her this evening on this 99 00:06:55,760 --> 00:07:02,040 council. >> You're not a council. 100 00:06:59,000 --> 00:07:06,680 » Okay. On your authority. Uh and this brings me to a couple 101 00:07:04,560 --> 00:07:12,560 questions. One of the big things that I've raised here, we've discussed taxes 102 00:07:08,400 --> 00:07:15,400 versus fees. Now, it's come to my uh information that I raised with council 103 00:07:14,120 --> 00:07:19,640 is that you guys are dictating how we spend 104 00:07:18,040 --> 00:07:25,080 hundreds of thousands, if not close to a million dollars in in 105 00:07:21,800 --> 00:07:28,680 residents' money. Yet, Mr. Marbito, you yourself have not yet paid property 106 00:07:26,560 --> 00:07:32,320 taxes on any of your own rentals uh for over 2 years. 107 00:07:31,120 --> 00:07:36,040 I have paperwork here. >> I don't care what you have. 108 00:07:33,240 --> 00:07:39,120 » Okay, great. Great. Uh also, it then raises the question 109 00:07:37,640 --> 00:07:42,920 when it comes to these fees, those fees that we all pay and that we send in to 110 00:07:41,240 --> 00:07:47,040 the uh They're processed by the board, which is 111 00:07:44,800 --> 00:07:50,520 also the mayor. So my question would be >> It's not. 112 00:07:47,720 --> 00:07:53,240 » Oh, it's not? Okay. Well, my question is have you actually paid 113 00:07:51,920 --> 00:07:56,080 your own sewer and water for the fourth quarter fees? 114 00:07:54,680 --> 00:07:59,360 » They're due by the end of the year. >> Okay. Okay. Did you pay last year's? 115 00:07:58,440 --> 00:08:01,720 » Of course I did. >> Oh, did you? Okay. 116 00:08:00,600 --> 00:08:04,160 » Why do we have to answer him? >> But more importantly, Mike, your time's 117 00:08:03,480 --> 00:08:06,960 up. >> Oh, that was 5 minutes? Okay, that's 118 00:08:06,120 --> 00:08:09,920 funny. That's a fast clock. 119 00:08:11,640 --> 00:08:15,760 » Stop wasting our money. >> In the back, anybody? 120 00:08:14,080 --> 00:08:20,040 » No, I'm not wasting your money. Stop wasting our money. Maybe you should pay 121 00:08:17,560 --> 00:08:21,440 taxes and you know how we feel. >> Okay. 122 00:08:20,520 --> 00:08:23,520 » Instead of living in your house. >> pay your taxes, so how do I do know how 123 00:08:23,280 --> 00:08:27,320 you feel? >> Get a job. 124 00:08:25,840 --> 00:08:30,040 » Okay. Next. 125 00:08:28,680 --> 00:08:31,640 » Thank you, sir. >> This is exactly what Warren was talking 126 00:08:31,480 --> 00:08:35,520 about. >> Yeah, how about that? 127 00:08:34,000 --> 00:08:40,520 » We uh have a letter from Lauren Bolsnick uh 128 00:08:37,760 --> 00:08:40,520 resigning 129 00:08:42,000 --> 00:08:49,120 from Uh-huh. And her reason is I have three 130 00:08:45,440 --> 00:08:54,720 vacations coming up that put me away for the next 3 months. I also feel a bit 131 00:08:51,560 --> 00:08:59,440 disconnected since I left council. And 132 00:08:56,720 --> 00:09:04,120 she is resigning from the Penn Vest 4 board. 133 00:09:01,760 --> 00:09:07,760 Is there a motion to accept her resignation with 134 00:09:06,240 --> 00:09:11,600 regret? >> Motion. 135 00:09:08,680 --> 00:09:13,880 » Motion by Brian. Is there a second? >> Second. 136 00:09:12,360 --> 00:09:20,680 » Second by Jim. All those in favor signify by saying aye. 137 00:09:15,960 --> 00:09:20,680 Aye. Opposed? Motion carries. 138 00:09:23,600 --> 00:09:26,839 Pearl manager's report. 139 00:09:27,440 --> 00:09:34,320 Yes, we do continue to process some credits. There's an appeal that we're 140 00:09:31,280 --> 00:09:40,040 also processing and we have about 80% of collected for 2026 through end of July. 141 00:09:41,680 --> 00:09:45,200 Okay. Any questions for Brad? 142 00:09:45,560 --> 00:09:50,600 Solicitor's report. >> Well, I've already touched on the main 143 00:09:48,840 --> 00:09:54,640 item I wanted to touch on, but I think that we have an executive session noted 144 00:09:52,440 --> 00:09:59,960 here on the agenda, but I don't I don't think we have need for one tonight. 145 00:09:57,440 --> 00:10:03,320 » Okay. Any questions for the solicitor? 146 00:10:03,840 --> 00:10:06,840 Engineer's report. 147 00:10:08,960 --> 00:10:18,640 » I have a couple updates. Um Our office will be has been working with 148 00:10:16,360 --> 00:10:24,720 the borough staff. At the end of this month, we will be submitting the annual 149 00:10:20,440 --> 00:10:32,080 report for the MS4 permit, which runs from uh 150 00:10:27,320 --> 00:10:36,160 July 1st of 2025 through June 30th of 2026. That's the permit period, and 151 00:10:34,520 --> 00:10:41,880 we'll be submitting that report with Brad both online versus first email for 152 00:10:38,880 --> 00:10:46,480 all the activities and all the uh outfall inspections conducted over the 153 00:10:44,360 --> 00:10:51,040 past year by the public works department on behalf of the stormwater authority. 154 00:10:48,880 --> 00:10:51,040 Um 155 00:10:51,080 --> 00:10:58,937 The construction project is moving forward. Um all the 156 00:10:56,240 --> 00:11:01,200 uh preliminary mobilization >> [music] 157 00:10:59,640 --> 00:11:05,839 » Sorry. Excuse me. All the preliminary mobilization has 158 00:11:03,440 --> 00:11:09,880 been done. All the orange construction fence has been put up on the school 159 00:11:08,040 --> 00:11:14,400 district property within the easement to keep any children out of the 160 00:11:11,240 --> 00:11:18,320 construction area for the rain garden. Uh orange construction fence has been 161 00:11:16,880 --> 00:11:22,640 placed uh on both Dr. Mathers and Mrs. Young's 162 00:11:21,480 --> 00:11:28,120 property cuz they're in close proximity to uh 163 00:11:25,360 --> 00:11:32,840 basin number two. And then also around basin number one, orange construction 164 00:11:30,480 --> 00:11:39,320 fence has been put up. The contractor will be removing the existing damaged 165 00:11:36,680 --> 00:11:43,440 fence, 4-ft high fence around basins 1 and 2 as well. They've also removed all 166 00:11:41,840 --> 00:11:48,680 the trees from basin 1 and the large trees within 167 00:11:46,120 --> 00:11:52,600 the easement between Dr. Mather's and Mrs. Young's property. 168 00:11:51,560 --> 00:11:57,680 Um the pay request number two was submitted 169 00:11:55,080 --> 00:12:02,160 by Grace Industries. It was for work 170 00:12:00,080 --> 00:12:07,480 conducted through August 21st, 2026. 171 00:12:04,960 --> 00:12:11,200 We submitted a letter dated August 21st, 2026 172 00:12:09,000 --> 00:12:14,640 recommending paying number two in the amount of $59,666.94. 173 00:12:16,240 --> 00:12:21,360 Um this is for all the work completed to 174 00:12:18,800 --> 00:12:25,080 date less last month's pay request number one and 10% retainage. 175 00:12:24,120 --> 00:12:30,800 The project is basically 12% complete based 176 00:12:28,600 --> 00:12:35,839 on a payment basis. This will require action by the board to 177 00:12:34,160 --> 00:12:40,400 approve submitting um 178 00:12:37,360 --> 00:12:45,440 this pay request to PennVEST for re- disbursement of funds and then 179 00:12:41,800 --> 00:12:48,680 ultimately payment of Grace Industries. So, I would 180 00:12:46,320 --> 00:12:54,240 like to have a motion to approve approve payment number two in the amount 181 00:12:50,960 --> 00:12:54,240 of $59,666.94. 182 00:12:57,440 --> 00:13:01,280 » Motion. >> Motion by Pam. Is there a second? 183 00:13:00,520 --> 00:13:04,320 » Second. >> Second by Brian. All those in favor 184 00:13:02,800 --> 00:13:08,960 signify by saying aye. >> Aye. 185 00:13:04,920 --> 00:13:14,280 » Aye. Opposed? Motion carries. >> Uh Brad has been working with PennVEST 186 00:13:11,000 --> 00:13:18,480 to set up the banking account for which PennVEST will 187 00:13:16,120 --> 00:13:22,440 distribute funds based on the the loan amount. 188 00:13:19,720 --> 00:13:26,360 Um that should be completed in the next couple of days. 189 00:13:23,960 --> 00:13:32,120 At this point, we will submit all the invoices to date, which will 190 00:13:28,960 --> 00:13:35,160 include Grace Industries Construction contractor's invoices number one and 191 00:13:34,120 --> 00:13:40,920 two, but also uh the legal 192 00:13:37,920 --> 00:13:46,400 uh invoices uh for uh all the documentation for the PennVest loan, 193 00:13:43,840 --> 00:13:52,560 the engineering invoices for the design phase, the PennVest loan uh 194 00:13:49,960 --> 00:13:56,720 application, and the bidding phase, and the first 195 00:13:54,200 --> 00:14:01,760 uh two months of the construction phase. So, these are all part of invoices that 196 00:13:59,600 --> 00:14:05,240 you already approved in your financial report. Just letting you know that 197 00:14:03,920 --> 00:14:09,544 they're now going to be submitted to PennVest so that the BBSA gets 198 00:14:07,960 --> 00:14:13,200 reimbursed uh >> [sighs] 199 00:14:09,840 --> 00:14:17,640 » uh by the PennVest loan. Uh lastly, I wanted to bring up that um 200 00:14:18,000 --> 00:14:21,400 we uh 201 00:14:22,120 --> 00:14:29,160 And that we were not able to come up with a shed in stock to replace Mrs. 202 00:14:26,520 --> 00:14:33,960 Young's shed. If you recall, uh the contract was set up to move her 203 00:14:31,200 --> 00:14:38,040 existing two sheds, and the contractor got in the street and that they would 204 00:14:36,360 --> 00:14:41,560 probably fall apart if they were tried to be moved, so 205 00:14:39,760 --> 00:14:46,560 uh the board agreed to uh install new shed, let her move her 206 00:14:43,920 --> 00:14:50,080 private uh materials within the shed from the one shed to the other so the 207 00:14:47,960 --> 00:14:55,960 contractor doesn't have to be involved with that. Um 208 00:14:51,960 --> 00:14:59,520 the new shed is going to be just over $9,000 209 00:14:58,720 --> 00:15:05,360 um because it includes the sales tax 210 00:15:01,839 --> 00:15:09,360 because the shed will be not a permanent asset of the BBSA, the solicitor 211 00:15:07,400 --> 00:15:14,240 determined that uh that shed purchase would not be tax 212 00:15:11,760 --> 00:15:19,680 exempt. So, the contractor has to pay the sales tax, 213 00:15:15,760 --> 00:15:25,000 and then we'll ultimately have to uh pay back the contractor. Um it's that's 214 00:15:22,480 --> 00:15:29,760 not before you today, but just wanted to be informed. 215 00:15:27,680 --> 00:15:34,920 That's pretty much where we're at on all things associated with the capital IMS 4 216 00:15:32,520 --> 00:15:38,360 project and, uh, other aspects [clears throat] that we're 217 00:15:36,000 --> 00:15:42,960 working on. >> Okay, thank you. 218 00:15:39,640 --> 00:15:42,960 Any questions for Ron? 219 00:15:46,400 --> 00:15:53,040 Finance update, uh, treasurer's report and payment of the 220 00:15:50,520 --> 00:15:53,040 bills. 221 00:15:54,480 --> 00:16:03,480 Is there a motion to or there are there any questions about the, uh, 222 00:16:00,520 --> 00:16:03,480 treasurer's report? 223 00:16:05,200 --> 00:16:09,720 Okay, is there a motion to pay the bills? 224 00:16:08,400 --> 00:16:14,600 » Motion. >> Motion by Brian, is there a second? 225 00:16:12,400 --> 00:16:14,600 » Second. 226 00:16:14,800 --> 00:16:19,960 » Second by Jim. All those in favor signify by saying I. 227 00:16:19,680 --> 00:16:24,280 » I. >> I. Opposed? 228 00:16:21,680 --> 00:16:27,320 Motion carries. Is there anything else 229 00:16:27,880 --> 00:16:32,991 that anyone needs to bring up? >> No. 230 00:16:30,480 --> 00:16:35,011 » Then I'll entertain a motion to adjourn. >> [sighs] 231 00:16:35,560 --> 00:16:39,280 » Motion. >> Motion by Brian, is there a second? 232 00:16:38,280 --> 00:16:43,839 » Second. >> Second by Jim. All those in favor? 233 00:16:41,760 --> 00:16:46,520 I. Opposed? Motion carries. 234 00:16:47,760 --> 00:16:49,960 All right.