FL Smidth sales agreement with borough to be signed Friday
At Monday's workshop meeting of the Catasauqua Borough Council, borough Solicitor Jeffrey Dimmich indicated FL Smidth wants to get the sales agreement signed by Friday.
"I don't see any legal harm to the borough or its citizens with the agreement I prepared," he said.
Dimmich said that FL Smidth wanted a "hold harmless clause" inserted into the contract that would assume liability for any additional contamination discovered on the site. Dimmich, however, did not agree to a hold harmless clause.
According to council President Brian Bar-tholomew, if additional contamination is found on the site, the cleanup cost would be borne by the company hired by Lehigh County to do the environmental study. Dimmich alerted the required signatories to be ready to sign the sales agreement on Friday.
Also at the meeting, Catasauqua resident Virginia Tabor questioned the council about when borough police would have a building that would allow them to operate comfortably.
Bartholomew said he did not envision the borough spending money on a temporary location.
"We are going to need to wait until an emergency services building is built," said Bartholomew.
Tabor commented later during the meeting that local government's primary responsibility is to protect the rights of citizens.
"We could be a long way off with this building," she said.
She also asked after the meeting if any building the borough constructed would need to be built using prevailing wages. Mayor Barbara Schlegel confirmed the higher union scale is required for the construction of any municipal building.
In other business, Schlegel reported that the Civil Service Commission will convene on July 2 to hear an appeal of its selection process for vacant positions on the police force. (See related story on page 5.)
"The borough is not taking a position in the appeal because the decision to reject the candidate was made by the Civil Service Commission," said Dimmich.
Council interviewed five candidates for two open positions but, according to Dimmich, the interview process should have been delayed until the final list was approved. The candidate filing the appeal can continue the process to a higher court. An update on the appeal will be reported at the regular council meeting on July 8.
Also during the meeting, borough Manager Eugene Goldfeder reported that workers compensation rates for the upcoming year dropped. There is some discussion on how to take several options from among two competitors for the borough's insurance needs. Workers compensation is billed out as separate coverage.
According to Goldfeder, recent state law changed how workers compensation payments are made to firefighters. Under the new plan, any firefighter who served as a volunteer and responded to a specified number of incidents will be awarded workers compensation benefits without further proof if he or she is diagnosed with cancer.
The old law allowed for consideration of lifestyle issues that might contribute to cancer. Goldfeder further noted workers compensation insurance for firefighters has doubled in a year and many companies are refusing to provide coverage until there is a history to determine what the costs will be.
Dimmich also commented to council about a zoning appeal filed last week on behalf of developer Abraham Atiyeh. (See related story on page 1) In his appeal, Atiyeh claims the housing density allowed for the FL Smidth properties would impact parking for buildings that he owns in town.
Dimmich explained that density was never written into the latest amendment to the zoning ordinance.
He said the density requirements of no more than seven units per acre – the original standard – put the maximum number of units at 84. Council has the right to modify density standards in the future, he said. Such action might be taken if required by a selected developer.
Councilwoman Jessica Kroope announced that Catasauqua will be one of the premier municipalities reading the Declaration of Independence on July 4. This year's festivities will also include a performance by a patriotic band.








