Borough Council Meetings

January 3, 2022 1 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on January 3, 2022 in Council Chambers and via Zoom. Judge Douglas Reichley administered the Oath of Office to incumbent Mayor Lee Ann Gilbert, incumbent Council Members Roy Anders, Brent Labenberg, Shana Baumgartner, and to newly elected Borough Tax Collector Debra Gouldy. CALL TO ORDER Mayor Lee Ann Gilbert called the Reorganization meeting to order at 7:06 p.m. Roy Anders Present Chad Balliet Present via Zoom Shana Baumgartner Present Chris DeFrain Present via Zoom John W. Hart Present Brent Labenberg Present Teri Sorg-McManamon Present LeeAnn Gilbert, Mayor Present Michael Horvath, Solicitor Present Shane Pepe, Borough Manager Present Sara Jarrett-Eaton, Asst. Borough Manager Present Mayor Gilbert asked for nominations for President of Borough Council. Mr. Anders nominated Mr. Labenberg for Council President. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to close the nominations for Council President. There were 7 ayes. Motion carried. Mr. Labenberg received 7 votes for Council President. Mr. Labenberg was declared Council President. Mayor Gilbert asked for nominations for Vice President of Borough Council. Mr. Labenberg nominated Mr. DeFrain for Council Vice President. Motion by Mr. Hart, seconded by Mr. Anders to close the nomination for Council Vice President. There were 7 ayes. Motion carried. Mr. DeFrain received 7 votes for Council Vice President. Mr. DeFrain was declared Council Vice President. January 3, 2022 2 EMMAUS BOROUGH COUNCIL Mr. Labenberg took the President’s seat and presided over the Borough Council Meeting. He stated that it is a privilege and honor to represent Council. PERSONAL APPEALS, PART I – None. COMMUNITY MINUTE Mr. Anders stated that the Today Show had a piece on the Emmaus High School Field Hockey Team. Mr. Pepe stated that the video is available on the Borough’s Facebook page and encouraged everyone to watch it. Mr. Anders reminded everyone that Christmas tree pick up will occur from January 3, 2022 through January 14, 2022. He reminded everyone to place their unbagged tree at the curb for pick up. SPECIAL PRESENTATIONS – None. READING OF MINUTES Motion by Mr. Hart, seconded by Ms. Baumgartner to adopt the December 20, 2021 Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to approve the bid by Phoenix Contracting LLC to purchase a house trailer and office trailer in the amount of $128,000. There were 7 ayes. Motion carried. Mr. Labenberg thanked Mrs. Jarrett-Eaton for her hard work on the bid. COMMUNICATIONS a. Emmaus Main Street Partners – Request to hold Farewell to Summer Festival and to sell alcohol on September 17, 2022 at Triangle Park. Motion by Mrs. Sorg-McManamon, seconded by Mr. Hart to grant the Emmaus Main Street Partners’ request to sell alcohol at the Farewell to Summer Festival to be held on September 17, 2022 at Triangle Park. There were 7 ayes. Motion carried. b. Emmaus Main Street Partners – Request to hold Old-Fashioned Christmas and to sell alcohol on December 3, 2022 at Triangle Park. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to grant the Emmaus Main Street Partners’ request to sell alcohol at the Old-Fashioned Christmas Event to be held on December 3, 2022 at Triangle Park. There were 7 ayes. Motion carried. c. Emmaus Main Street Partners – Request to hold 2022 Food Truck Festival and to sell alcohol on April 23, 2022 at the Emmaus Community Park. Mr. Labenberg referred the item to the Parks and Recreation Committee. January 3, 2022 3 EMMAUS BOROUGH COUNCIL d. Emmaus Main Street Partners – Request to hold 2022 East Penn Restaurant Week - banner and fee waiver. Motion by Mrs. Sorg-McManamon, seconded by Mr. Hart to grant the Emmaus Main Street Partners’ request to hold 2022 East Penn Restaurant Week and banner fee waiver request. There were 7 ayes. Motion carried. e. Patty Feninez – Request for reappointment to the Emmaus Arts Commission to a term expiring 2/7/2025. Mr. Labenberg referred the item to the Community Relations, Planning & Development Committee. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Solicitor Horvath reported that he is continuing to work on bids for the Borough buildings. Progress. UNFINISHED BUSINESS, PART I – None. NEW BUSINESS – None. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Progress. COMMITTEE REPORTS a. Public Works Committee Progress. b. Health, Sanitation, and Codes Committee Progress. c. Parks and Recreation Committee Progress. January 3, 2022 4 EMMAUS BOROUGH COUNCIL d. Public Safety Committee Progress. e. General Administration Committee RESOLUTION 2022-1 BE IT HEREBY RESOLVED by Emmaus Borough Council to appoint the following officials to their designated positions for a term expiring on January 3, 2023. Ambulance Corps Chief Matthew West Animal Control Officer April Schiel Assistant Borough Manager Sara Jarrett-Eaton Borough Manager/Secretary Shane Pepe Borough Solicitor Gross McGinley LLP Delinquent Tax Collector Norris McLaughlin Deputy Police Chief Jason Apgar Director of Finance / Treasurer Christine Snyder Certified Public Accountant Campbell, Rappold & Yurasits LLP Civil Service Commission Solicitor Davison & McCarthy Code Enforcement Officer/Public Works Inspector Robert Hammond Code Enforcement Officer Bryan Bilheimer Earned Income and Local Services Tax Office H.A. Berkheimer Deputy Director of Emergency Services Keith Miller Emergency Management Coordinator Keith Miller Engineer (Primary) Ott Consulting Engineer (Utilities and Alternate) Hanover Engineering Fire Chief/Director of Emergency Services John Price Fire Inspector Ryan Crawford Health Officer Garry Ritter Pension Consultant-Police/Non-uniform Mockenhaupt Benefits Group Per Capita Tax Office H.A. Berkheimer Police Chief (until February 1, 2022) Troy Schantz Public Works Director (until February 4, 2022) John Dychala Public Works Director (effective February 5, 2022) Stanley Rugis Sewage Enforcement Officers Jacob A. Schray Gregory Gray Christopher Taylor Special Labor Counsel Campbell, Durrant, Beatty, Palumbo & Miller, P.C. Zoning Hearing Board Solicitor Ronald Corkery, Esq. Zoning Hearing Board Solicitor Ronald Corkery, Esq. January 3, 2022 5 EMMAUS BOROUGH COUNCIL Motion by Mr. Hart, seconded by Mr. Anders to adopt Resolution 2022-1. There were 7 ayes. Motion carried. Motion by Mr. Hart, seconded by Ms. Baumgartner to reappoint John Stover to the Vacancy Board to a term expiring 1/1/2023. There were 7 ayes. Motion carried. Motion by Mrs. Sorg-McManamon, seconded by Ms. Baumgartner to enter into contract with the Lehigh County Humane Society for the 2022 animal control services. There were 7 ayes. Motion carried. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to hire Sherry Palinkas as the Police Department Data Entry Clerk contingent upon a background check. There were 7 ayes. Motion carried. Motion by Ms. Baumgartner, seconded by Mrs. Sorg-McManamon to grant a 30-day Extension Agreement between Emmaus Borough and Teamsters Local Union #773 for all Public Works Employees. There were 7 ayes. Motion carried. Mr. Hart asked if the salary for the Public Works Department can remain its current rate if the contract is extended past the 30 days. Mr. Pepe responded that if the contract is agreed upon within the 30 days, their new salaries will be retroactive to January 1, 2022. If the negotiations are continued into February, it will not automatically become retroactive to January 1, 2022. Motion by Mr. Hart, seconded by Ms. Baumgartner to hire Grant & Einsenhofer, P.A. as the Borough’s PFOS Legal Council. Mr. Pepe stated that the motion should be amended to include contingent upon final negotiations. Mr. Hart amended his motion and Ms. Baumgartner amended her second. Mr. Pepe explained that Grant & Eisenhofer are specialized environmental attorneys and the Borough will explore all legal avenues to hold the fire foam companies responsible for the PFOS issue. He stated that Grant & Eisenhofer are representing several municipalities in the state of Pennsylvania on the same matter. Motion by Mr. Hart, seconded by Ms. Baumgartner to hire Grant & Eisenhofer, P.A. as the Borough’s PFOS Legal Council continent upon final negotiations. There were 7 ayes. Motion carried. Progress. f. Budget & Finance Committee Resolution 2022-3 – A Resolution Adopting the Low Income Reduced Refuse Rate. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2022- 3. There were 7 ayes. Motion carried. January 3, 2022 6 EMMAUS BOROUGH COUNCIL Motion by Mr. DeFrain, seconded by Mr. Anders to adopt the Non-Union Health and Welfare Policy. There were 7 ayes. Motion carried. Motion by Mr. DeFrain, seconded by Mrs. Sorg-McManamon to approve the Tax Collector Fees increase. There were 7 ayes. Motion carried. Mr. DeFrain explained that the Police Pension Cost of Living Adjustment request was denied at the Committee level. Mr. Pepe explained that the retirees receive a considerable amount of money in healthcare benefits, which accounts for COLA money. Mr. DeFrain explained that the Grant reimbursement for the Sewer Fund in the amount of $158,791 was not received by the end of 2021. He stated that if the Sewer Fund ends with a shortage for 2021, the Sewer Fund would receive a loan from the General Fund to cover the shortage. He stated that the loan will be repaid as soon as the Grant money is received. Motion by Mr. DeFrain, seconded by Mr. Balliet to authorize a loan from the General Fund to the Sewer Fund if needed at the end of 2021 and to reimburse the General Fund in 2022 when the Grant is received. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about the Significant Revenue and Expense Items for December 2021 and the Committee notes. Resolution 2022-2 authorizing payment of the January 3, 2022 Bill List as follows: Bill List $ 107,797.07 Payroll #26 $ 167,684.83 Payroll Taxes $ 54,510.68 Total $ 329,992.58 Done this 3rd day of January 2022. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2022-2. There were 7 ayes. Motion carried. Progress. g. Community Relations, Planning and Development Committee Progress. PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT January 3, 2022 7 EMMAUS BOROUGH COUNCIL Mr. Pepe wished everyone a Happy New Year. He thanked St. John’s U.C.C. for hosting the Council meeting. He thanked Mr. Labenberg for finding a new conference table and chairs for Town Hall’s temporary location. Mr. Pepe stated that COVID has skyrocketed and the number of Borough employees that have tested positive has also skyrocketed. He stated that effective Tuesday, January 4, 2022, he will reinstitute the mask mandate for all employees. He stated that he is very concerned for the Borough’s emergency services staff and will purchase special masks. He reported that a pre-bid meeting will be held on Tuesday, January 4, 2022 at 10:00 a.m. for the construction project on the Borough buildings. He stated that the Grand Opening of Burger King will occur on Tuesday, January 4, 2022 and asked a member of Council to attend in his and the Mayor’s absence. Mr. Labenberg responded that he will attend. Progress. PRESIDENT’S BUSINESS Mr. Labenberg thanked Mr. DeFrain and Mr. Balliet for staying safe and attending the meeting virtually. Progress. ADJOURNMENT Motion by Mr. Hart, seconded by Ms. Baumgartner to adjourn the January 3, 2022 Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 7:46 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant January 4, 2022