BOROUGH OF NORTH CATASAUQUA
MINUTES OF REGULAR COUNCIL MEETING
OCTOBER 28, 2014
President Joseph Keglovits presided at the Regular Council Meeting of North Catasauqua held October 28, 2014 calling the meeting to order at 7:00 PM.
PRESENT: Mayor William J. Molchany, Jr., President Joseph Keglovits, Vice President John J.
Yanek, Councilpersons William Nothstein, Michael J. Seng, Michele Hazzard Peter
Paone, Michele Hazzard, Solicitor William J. McCarthy, Treasurer Annette
Englert, and Secretary Nancy Knecht.
Also present was Police Chief Kim Moyer, Fire Chief Shawn McGinley, came at
7:22PM, Emergency Management, Greg Scheirer, Roger Scheirer and Francis
EXCUSED ABSENCE: Councilwoman Cherie Gebhardt
OBSERVING – William Duch
Minutes of the October 14, 2014 meeting were accepted as presented.
Treasurer Report accepted as presented.
Ronald Brosky – Brosky Insurance-820 Chapel Street, (610) 264-3946
President Keglovits stated to Ron council is looking at our people, non-borough employees riding in/on borough equipment. Ron stated most insurance companies will frown on it. President Keglovits stated he was referring to a lot of things, like AutumnFest where the gator is used, pick-up truck is used, and the pick-up truck was just used in the Halloween parade. Ron stated it is frowned on because the borough owns the equipment and if there is an accident the passengers in the vehicle can sue the borough because it owns the equipment. Ron stated the borough is still covered. Pres. Keglovits stated the borough is covered but it is frowned on by the insurance company. Ron said he feels hauling people at a borough event is different than family driving around in the vehicles. Joe said at AutumnFest nurses come to work and Ron said it’s different, it’s a borough event. Pres. Keglovits feels it’s a gray area. Ron stated the borough should have a policy in place regarding not allowing family members to drive in borough vehicles. He also said hauling family members is a no-no. Ron said you should have written rules where you can haul
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and not haul other people and where they can go. President Keglovits asked if he is on borough business and takes his wife with him in his car is he covered. Ron said he is covered under the non-owned auto provision in the auto policy. President Keglovits said so we are covered if someone is in the borough vehicles. Councilman Nothstein asked about the fire truck bringing Mr. and Mrs. Claus to tree lighting. Ron stated that is different—they would be covered. Ron also explained if someone is driving a borough vehicle to haul their family around that is a different story. Councilman Nothstein asked about a waiver—Solicitor McCarthy agreed with Ron, a waiver is merely a piece of paper. Ron also stated the way the laws are in Pennsylvania and someone is injured in a borough vehicle and not an employee, they go back to their own auto policy for medical bills and lost wages but can still sue for pain and suffering. Ron said limited liability tort act only protects the borough for payouts up to $500,000 and currently is being challenged in the Supreme Court. President Keglovits asked Ron if whoever would give us a rider policy. Ron said volunteers are covered under the borough policy. President Keglovits said one of the reasons we are asking this is the fire volunteers have their gear in that vehicle and if they are at a mall with family they can respond to the fire, they would have to drop their family off. Joe stated that is one of the reasons the vehicle was given to them. Ron said Brosky Ins. insures 20 municipalities and most of them do not supply a vehicle to the fire department. He said Whitehall and Northampton do and it is for official use only. The concern is we have coverage but if there are claims the concern is renewal. Ron stated vehicles are covered for borough functions. Councilman Nothstein stated if you have borough vehicles used every day for borough work and vehicles used for borough functions that is fine—Ron stated yes. Bill Nothstein stated if we have borough vehicles with family members in it that is frowned upon and Ron stated yes. Councilman Paone stated if he heard Ron correctly we should have written policies in effect concerning this. Ron stated yes otherwise the borough is going to have abuses. President Keglovits asked Ron what if the borough gives the vehicles to the Fire Dept. for a $1.00, what happens. Ron stated it is a non-issue, the borough does not own it. Ron reported Lower Saucon does this, they give the vehicle to the fire dept., it’s put in their name and they insure it. It’s up to the members of the fire dept. of how it’s going to be used. Treasurer Englert and Councilwoman Hazzard asked who is going to pay for fuel etc. Councilman Nothstein stated if the borough is going to own the vehicles there should be a policy stating how the vehicles can be used—if council avoids that situation and turns over the vehicles to the fire company then there would be a lot of things to talk about and hash out. President Keglovits thanked Mr. Brosky for coming to the meeting.
OFFICE REPORT SUBMITTED BY SECRETARY NANCY KNECHTG
Secretary Knecht reported the following:
There will be a public auction on Saturday, November 8th at 7:00 AM at the Tri-Boro Sportsman Gun & Fishing Club, Northampton. The preview time will be Friday, 4-6 PM if the borough has anything they would like to take to the auction.
The secretary received from Solicitor McCarthy the Addendum to Improvements and Easement Agreement for Paul Maderic’s property on Howertown Road. When
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signatures are received she would like a motion to close the Escrow Account to refund $5,000.00 escrow money held at Wells Fargo Bank.
Secretary Knecht reported council has copies of Resolution #298 which our solicitor prepared changing the name of the borough park to William J. Albert Memorial Park. If council desires a motion could be made this evening.
The secretary had a request from a cub pack leader at St. Paul’s Church asking if the borough could put on the website and a few of our signs the following: Scouting For Food/Cub Pack 94, Pick Up Saturday, November 8th.
Secretary Knecht would like permission for President Keglovits to sign the Assignment of Rights to Reimburse Taxes Paid on Liquid Fuels for Pipeline Petroleum. Pipeline gave up their wholesaler license which meant when they picked up the product at the terminal they did not have to pay tax on it. May 1, 2014 they gave up their license which means they now have to pay tax and are asking permission from the borough to collect the tax back from the State. The total amount being requested is from May thru September in the amount of $78.03. The paperwork was reviewed by Solicitor McCarthy.
Office Report approved as read.
TREASURER REPORT SUBMITTED BY TREASURER ANNETTE ENGLERT
Treasurer Englert stated council has a copy of a letter from Beyer Barber and Company on the proposed changes for early retirement to the non-uniform pension plan for review. It does not impact the plan or MMO if we make this change she stated. The option to retire would be 55 years of age and 10 years of service as opposed to what it is currently, 60 years of age and 25 years of service.
Treasurer Englert reported she is preparing the final draft of the proposed budget and should have it by the first meeting in November.
Treasurer Report accepted as presented.
MAYOR REPORT SUBMITTED BY MAYOR WILLIAM J. MOLCHANY, JR.
Mayor Molchany reported he has given the Police Committee and the Chief an electronic email policy as well as an internet use policy which he prepared for their review. The mayor wants to have the officers each have their own email because some of them are using their personal ones. He wants to get away from that and feels it’s time for these policies to be adopted.
Mayor Molchany reported Councilwoman Hazzard, Chief Moyer and the he were at the bridge meeting yesterday and it was very interesting. He stated drainage work began yesterday and will last two weeks. The other issue is the permits which needs to be discussed with Roy Stewart and the business engineer. He gave them his name and phone number. President Keglovits stated he had a meeting with Scott Everett and stated the borough should not get involved with it yet. Mayor Molchany said that is not what he heard at the meeting—need to talk to the engineer.
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President Keglovits disagreed, Scott Everett stated he has been talking to the engineer. Councilwoman Hazzard said they do not want to hear from Scott Everett, was told flat out, they want to hear from the engineer. Mayor Molchany reported 8,000 tons of stone is there. President Keglovits said first, as a borough he did not want that kind of stone. Mayor noticed the stone—and he does not want that type of stone either. Mayor Molchany stated there is a disconnect somewhere. Mayor stated the next meeting is November 10th. Chief Moyer stated the right-away is on the track and would have to negotiate with Norfolk Southern. President Keglovits stated Scott Everett stated he is working on it and has been in contact with Lehigh County. President Keglovits reported that Mr. Everett, Delaware & Lehigh Corridor, just got a $230,000.00 grant and part of the money is to fix the storm sewer pipe that comes down Grove St. President Keglovits said that was discussed at length in the office of what is going on. Joe said he asked Scott if we would get our engineer involved and Scott stated do not get your engineer involved that he has an engineer involved. Joe stated somewhere along the line things are not going right. Chief Moyer said at the meeting when Scott’s name was brought up they did not want to hear about Scott Everett they only want to talk to our engineer. Kim stated that was from Lehigh County and Whitehall officials. President Keglovits will contact Scott Everett again and see what engineer he is talking to at Lehigh County. Joe wants to know what way council wants to go. If the D & L is going to foot the bill it makes no sense for the borough to foot the bill.
Mayor’s Report accepted as presented.
PUBLIC SAFETY-FIRE REPORT SUBMITTED BY CHAIRMAN WILLIAM NOTHSTEIN
Chairman Nothstein reported Friday night he and Councilman Paone met with Shawn on the $9,000.00 bill for the final things for the truck. The solution that was coming up with was about 3 or 4 PO’s. The plan was to return the PO’s for the hose and ladder pump testing and have fireman’s relief pay for that, then money would be left in the vehicle and equipment maintenance. The $9,000.00 bill cannot be paid out of firemen’s relief because they require that they retain some ownership of the truck. A compromise was to have firemen’s relief pay the other bills, Shawn has to check on one and that way the bill for $9,000.00 can be paid out of the budget. Francis Hadik is going to check if the air packs can be paid from Firemen’s relief. Francis reported he is not paying anything until Monday night at the fire company meeting.
Chairman Nothstein reported the fire company was not socializing at Pies’ On Pizzeria the other night, what they were doing was a fire prevention program. Bill reported if a resident of North Catasauqua called to have a pizza delivered the call was intercepted by the fire department and while they were there they checked smoke detectors and fire safety at the residence. If they were up to code and had working smoke detectors the resident was given a free pizza coupon. Shawn stated he thinks they had 1 or 2 calls. Shawn also stated Catty did not get involved because they didn’t have enough people. Shawn would like to do it again at least once, especially if was advertised.
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Public Safety-Fire Report accepted as presented.
FINANCE REPORT SUBMITTED BY CHAIRMAN MICHAEL J. SENG
Chairman Seng reported the proposed budget will be in November, as the treasurer stated.
CIVIL SERVICE COMMISSION REPORT SUBMITTED BY CHAIRMAN MICHAEL J. SENG
Chairman Seng reported on the 21st of October he went through the paperwork—there was no formal civil service meeting. He found the ad submitted by the secretary saying we are in the market for an entry level police officer. He checked with the secretary and she stated the ad was advertised in the Catty Press that civil service meetings will be held the 3rd Tuesday of the month at 5:30 PM. Chairman Seng also reported he checked with the Treasurer what the starting salary for entry level for 2015 would be. It is 85% of the base salary which would be $22.16 per hour. Chairman Seng reported at the next meeting they will see about creating a timeline.
Civil Service Commission Report approved as read.
LAW COMMITTEE REPORT SUBMITTED BY CHAIRWOMAN MICHELE HAZZARD
PUBLIC SAFETY-POLICE REPORT SUBMITTED BY CHAIRMAN PETER PAONE
VICE PRESIDENT OF COUNCIL REPORT SUBMITTED BY CHAIRMAN JOHN J. YANEK
Chairman Yanek stated he had a couple of questions on rope lights. Treasurer Englert said the orange rope lights were for the park, white lights are for Christmas at the pavilion and the tootsie rolls were for the Halloween Parade. The boots and jacket invoice was for Emergency Management.
Vice President Yanek reported tree lighting will be held Sunday, November 30th with Monday, December 1st the rain date. John also reported they are going to add a few new things this year, the Catasauqua High School Band is one.
Vice President Council Report accepted as read.
SOLICITOR REPORT SUBMITTED BY WILLIAM J. MCCARTHY
Minutes of Regular Council Meeting – October 28, 2014 – Page 6 of 10
Solicitor McCarthy reported regarding Paul Maderic, he sent the proposed agreement to him which was signed but failed to have it notarized. Solicitor McCarthy returned it to Mr. Maderic so he could have it notarized and then it has to get filed as its part of the initial agreement.
Solicitor reported he received a memo this evening from Treasurer Englert from Northampton County. It is a request from Northampton County Council that there is a hearing coming up before the Appeals Board for review of all exempt properties. The hearing is Thursday at 9:00 for 8 properties in the borough. The solicitor stated municipal use property should be exempt. He also mentioned it was ordained by County Council.
Solicitor Report accepted as presented.
COUNCIL PRESIDENT REPORT SUBMITTED BY PRESIDENT JOSEPH KEGLOVITS
President Keglovits reported regarding the old fire truck, he spoke with the broker and they do sell overseas, currently are preparing another truck to go to Chile. Joe stated if council wants to go elsewhere we can do it anytime. Chief McGinley reported the broker the truck is with advertises the least. Shawn stated Fire Tech, out of Lancaster, he feels is a little more aggressive with their advertising and Brinlee Mountain is also pretty aggressive with advertising. Chief McGinley stated if they are only advertising in PA Fireman, he would suggest going somewhere else. He feels, his advice would be to see what the company is doing. He said one of the problems is the 500 gallons of water it holds. In areas where there is fire hydrants is not much of a problem but in other areas it could become a problem as 500 gallons is not a lot of water. Shawn also stated not many places in PA are buying used fire trucks. President Keglovits stated one of the things the borough could do is change the price to $35,000.00 or $40,000.00. Currently the broker is out of Ephrata. Joe also stated the color is a drawback. Councilman Nothstein asked what price the borough would accept. Shawn stated at this time of the year he doubts anybody will buy, especially not the end of the year. President Keglovits said any truck will have to be put in a budget and stated the last truck didn’t sell and ended up giving it away. Shawn feels $50,000.00 is a little on the high side, thinks more like $40,000.00. He said whoever takes it will probably have to put $10,000 into it. President Keglovits stated 500 gallons is not a lot of water. Vice President Yanek feels now is not the time to switch and Joe agreed. If the borough is going to switch, it should be in the beginning of 2015. Councilman Paone suggested dropping the price to $40,000. President Keglovits said he would call the broker. Joe also stated we can switch anytime. Chief McGinley is shocked is has not been sold, it’s a nice truck and says it’s baffling. Joe suggested taking the truck up to the auction in Northampton. He said people come from all over and will ship overseas. He also said the auctioneer gets 15%. President Keglovits suggested putting a reserve on of $40,000.00. President Keglovits asked council what they want to sell it for and all said $40,000.00.
MOTION: By Councilman William Nothstein
Authorizing taking the fire truck to the
Minutes of Regular Meeting – October 28, 2014 – Page 7 of 10
Auction on November 8th at Northampton
with a reserve on it of $40,000.00.
2nd by Councilman Michael J. Seng
Head count – all yes
Council President accepted as presented.
CHIEF OF POLICE REPORT SUBMITTED BY CHIEF KIM MOYER
FIRE CHIEF REPORT SUBMITTED BY CHIEF SHAWN MCGINLEY
Chief McGinley reported the fire company had a busy October with Fire Prevention, did things at the school and some Girl Scout things. He stated classes were going on, Francis took a fire marshal class and Tyler Fatzinger did several requirements and several others took classes with NIMS. He stated some took a vehicle rescue class and 2 are moving on. He also said several are taking vehicle operator courses. Shawn reported membership is going up, there are 5 new members in the past two months. He said he got applications this past meeting for 6, up to 40. It has doubled since beginning of last year. He said they are averaging 12-14 people on Monday night. Shawn also stated Catasauqua is going through their struggles right now. He stated there is a good mix of senior and junior members, it does cost some money.
He reported a hose test was done and unfortunately $5,000.00 will have to be spent as part of the hose failed. He said Fire One did it—looking at lining which can separate from the inside. Shawn stated 10 years is a normal life for a hose but it depends on the use. He stated the $5,000.00 will come from Firemen’s Relief.
Shawn stated regular Charotin funds are low but fundraising is coming up from now until the end of the year and that gives them a big boost.
Shawn reported they put in for a state grant for $15,000.00 for pagers, radios and gear.
Fire Report accepted as presented.
Treasurer Englert stated everything has been done with the website, updated the pavilion rental calendar for 2015 and it’s up and running.
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KNOX BOX ORDINANCE
Chief Shawn McGinley there was a discussion about doing a voluntary program and would like to come up with a nuisance ordinance. He said twice they are called at 3:00 am in the morning for the high rise, they get calls for the Blue Monkey and Sheftel had calls. After 3 alarms in a year you would get fined and if you have a Knox box you don’t have to worry about the fine. If there is a reason for the alarm that is not a false alarm. Solicitor McCarthy is doing a knox box ordinance for Northampton. He said it mandates that everyone has to hook-up and a fine of $1,000.00 if you do not. They are giving people a year to do it. Shawn stated Catty is doing it and Northampton is going to do it. Solicitor McCarthy asked Shawn what it cost for a knox box and he replied $300 to $400.00, in that range, and asked what does it cost for the knox box on the truck. Shawn said usually get for free—you pay for the key. Councilwoman Hazzard asked if a key gets lost who is held responsible money-wise to replace everything. Shawn stated ration of one key to be replaced—hooking up to all businesses, the dollar amount goes higher. If something is lost who is responsible, she asked. Shawn stated he could not answer that question at the present time.
Shawn reported the mini-mall could put on 1 box that would open all the businesses. Shawn stated knox boxes have been around for 20 years at least. It was reported the City of Allentown is not mandatory, it is suggested you have one but not mandatory. President Keglovits suggested coming up with a nuisance ordinance for fire alarms and after 3 calls you get fined. If the fire alarm goes and there is something it is not a nuisance call. He suggested starting with a fine of $300.00.
Shawn stated if you look at building codes, are not monitored and he should sit down with Rich “P” and see what they can come up with. He feels our codes are lax. President Keglovits suggested the fire committee come up with a recommendation. Council could look at it and decide. President Keglovits said if we should come up with something either mandatory or voluntary.
Chief Moyer stated the police enforce the borough ordinance, if a citation is issued and go to the magistrate and then the fire company says okay to drop it, the fire company will have to go to the magistrate also. Kim feels the police would be caught in the middle—Shawn feels there will not be that many. Solicitor McCarthy stated there is no easy answer to a knox box system. Allentown and Bethlehem have no mandatory knox boxes. President Keglovits feels out of courtesy should get some of the businesses involved.
Fire Chief Report accepted as presented.
CELL TOWER UPDATE
Secretary Knecht reported there have been no calls since the initial ones.
Minutes of Regular Council Meeting – October 28, 2014 – Page 9 of 10
President Keglovits reported he met with Scott Everett and there are two conflicting stories—did get a grant to do bridge, Dry Run, in Catty and storm water pipe in North Catasauqua. As soon as he gets the check he will get in touch with the borough to see how it will get done.
RESOLUTION FOR RENAMING THE PARK
MOTION: By Councilman William Nothstein
Adopting Resolution #298 renaming
the borough park the William J. Albert
2nd by Vice President John J. Yanek
Head count – all yes
PART-TIME EMPLOYEE LIST
Councilwoman Hazzard asked who would be allowed to apply for this list. She said it would have to be advertised and where would it be advertised. President Keglovits stated for part-time employment it would be the Catty Press and also the website. Full-time employees would be the Morning Call. Joe stated it is part-time as needed. He suggests laborers and people who could operate equipment. To operate the larger trucks a CDL license would be required. Michele asked who would make the calls on the list—chief would go to the committee chairman on the committee list to get approval and then the chief would call. President Keglovits stated the part-time person could be used for lots of other things like cutting grass. Joe stated if there are 10 people on the list it could be rotated but it depends on the job. He feels some people may be more qualified. President Keglovits reminded council it is on an as-needed basis. Joe said Allen Twp. just did this. The job description should be for two, a laborer and equipment operator.
Councilman Paone stated we just need a job description and then vote on it to advertise in the Catty Press for a part-time list of people. President Keglovits thinks the laborer position should be paid $10 .50 to $11.00 or $12.00 per hour and the equipment operator would be $14.00 or $15.00 per hour. Joe suggested the committee get together and it be brought up at the next meeting.
Councilwoman Hazzard asked about purchasing 3 signs and if the Recreation Committee would not want to purchase the 4th sign the Betterment Committee would purchase it. Is the Betterment Committee going to be paying for placement and electric? Joe stated the signs would be placed at a place where electric would be available. He said where they can light they will, where they can’t they won’t. He said all different committees could use for advertising. President Keglovits suggested a policy be established, with emphasis on the borough events first. The price is $475.00 plus posts. It will be brought up by the Recreation Committee to purchase the 4th sign.
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ANTICIPATED 2015 BUDGET
The Finance Committee met and went over some things and would like to meet again. Joe stated there are a few changes he would like to make. The Finance Committee will meet October 29th at 5:00 PM. The Betterment Committee will meet the same night at 6:00 PM.
MOTION: By Councilman Michael J. Seng
To pay bills.
2nd by Councilman Peter Paone
Head count – all yes
MOTION: By Councilman Michael J. Seng
To adjourn meeting.
2nd by Councilman William Nothstein
Meeting adjourned at 8:40 PM