The Bath Borough Council met Monday, May 1 to discuss various council member committee reports, MS4 projects, HH Bath View Apartments’ letter of credit, a resolution, and an ordinance amendment.

First, President Michele Ehrgott expressed that the borough is still looking for a part-time parking and code enforcement official. Interested applicants can access the application from the borough website, and then email it to Borough Manager Bradford T. Flynn at manager@boroughofbath.org.

Vice President Frank Hesch announced that the Bath Farmers Market will be opening on Saturday, May 20 from 9 a.m. to noon, Bath Old Home Week will be August 10 through August 13, and Yuletide in Bath will be Saturday, December 16.

Hesch also thanked everyone that helped clean up Monocacy Creek on April 22, and added that there will be another creek clean up this fall, as well as a borough clean up sometime this year.

Mayor Fiorella Mirabito shared that Pa. State Police Troop Commander Lieutenant James W. Thomas, Jr. provided an update on the investigation into the February 3 shooting that took place in the 100 block of E. Main Street, which is still underway. Lt. Thomas stated that he is confident that he will have an answer soon.

Manager Flynn announced that upcoming road work will include striping and filling in potholes around the borough.

Council also discussed looking into a committee to brainstorm ideas on how to fund the MS4 projects, which will need to be completed within the next five years. One of the options discussed was possibly looking into collecting a utility fee to cover the costs of the projects or some other means of revenue such as grants. More details are to come as the discussion continues.

In other business, council unanimously approved the adoption of AD-2023-04 Emergency Action Plans and AD-2023-05 MSW Fund – Fund Balance Policy.

Next, council discussed the request of developer Justin Huratiak of HH Bath View Apartments to reduce his letter of credit (LOC) from $46,211.82 to $0 per the terms of his land development improvements agreement. 

HH Bath View Apartments had an inspection on Friday to assess three areas of concern, which Huratiak addressed with all improvements being completed.

Borough Solicitor James F. Kratz expressed he did not recommend that the LOC be reduced to $0 because all legal and engineering costs for the borough have not been fully paid yet since Huratiak will be receiving a bill for April fees. Instead, he recommended the LOC be reduced to $10,000, which would be held until Manager Flynn determines that all legal and engineering costs and expenses are paid.

Huratiak rebutted that everything has been paid thus far and that there is $4,322 in the cash escrow account, so he does not feel the LOC is warranted because the improvements to the development have already been made and passed inspection. 

Rather, Huratiak proposed to drop off a check for the $5,678 balance in order to comply with having $10,000 on hand in the cash escrow account to cover the remaining costs, so that the LOC can be closed out.

Huratiak, Kratz, and Borough Engineer Ron Madison agreed that exceeding $10,000 in fees for the remainder of the project would be highly unlikely.

Kratz added that he does not anticipate his fees to be excessive, but that his job is to ensure the borough does not get footed with a bill if Huratiak were to not cover the final costs.

Council unanimously approved a motion to release the LOC conditioned upon Huratiak providing a check for the remaining $10,000 to replenish the cash escrow account.

Following, council unanimously approved a resolution to amend the 2023 schedule of fees, which includes the addition of a provision for filing a zoning certificate of nonconformity. 

Last, council unanimously approved Ordinance No. 2023-728, an amendment to Chapter 625 Vehicles & Traffic, amending uniform traffic regulations, repealing parking prohibitions between 2 and 6 a.m., revising parking time limited at specific locations, and revising Main Street two-hour parking.

The next Bath Borough Council meeting will be held Monday, June 5 at 6 p.m. in the borough’s office building, located at 121 S. Walnut St.

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