Borough Council Meetings

February 7, 2022 14 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on February 7, 2022 in temporary Council Chambers, located at 139 N. 4th Street, Emmaus, PA 18049 and via Zoom. CALL TO ORDER Mr. Labenberg called the meeting to order at 7:00 p.m. Brent Labenberg, President Present Chris DeFrain, Vice President Present Roy Anders Present Chad Balliet Present Shana Baumgartner Present John W. Hart Present Teri Sorg-McManamon Present LeeAnn Gilbert, Mayor Present Jason Ulrich, Solicitor Present Shane Pepe, Borough Manager Present Sara Jarrett-Eaton, Asst. Borough Manager Present PERSONAL APPEALS, PART I – None. COMMUNITY MINUTE – None. SPECIAL PRESENTATIONS Mayor Gilbert issued the Oath of Office to Chief of Police Jason Apgar. Mr. Labenberg recessed the meeting at 7:04 p.m. Mr. Labenberg reconvened the meeting at 7:13 p.m. READING OF MINUTES Motion by Mr. Hart, seconded by Mr. Anders to adopt the January 17, 2022 Council Minutes as drafted. There were 7 ayes. Motion carried. Mr. Labenberg recessed the meeting at 7:15 p.m. Mr. Labenberg reconvened the meeting at 7:16 p.m. DECISION ON BIDS Mr. Labenberg stated that five bids were received for the Town Hall, Central Station, and Police Station construction. He stated that several of the bids were very close. February 7, 2022 15 EMMAUS BOROUGH COUNCIL Motion by Mr. Hart, seconded by Mr. DeFrain to approve the General Contracting bid by Skepton Construction in the amount of $9,904,000 for Town Hall, Central Station, and the Police Station including the acceptance of Alternate #1, #2, and #3. There were 7 ayes. Motion carried. Mr. Pepe stated that the Project Manager, D’Huy Engineering, has reviewed the bid package and there was nothing missing in the bid package from Skepton Construction or Baver, Inc. Ms. Baumgartner asked if the bid was less than expected. Mr. Labenberg responded that it is $600,000 less. Mr. Pepe stated that Skepton Construction has completed several municipal construction projects and several projects in the Borough. COMMUNICATIONS a. Joshua Grice, 405 Iroquois Street – Volunteer application for the Planning Commission. Mr. Labenberg stated that the item will be addressed during the Health, Sanitation, and Codes Committee report. b. Dustin Grim, 4505 Canterbury Drive, Emmaus, PA 18049 – Volunteer application for the General Authority. Referred to the General Administration Committee. c. Richard Seasholtz, 337 Iroquois Street, Emmaus, PA 18049 – Volunteer application for the Zoning Hearing Board. Referred to the Health, Sanitation, and Codes Committee. d. Rochelle Kane, Managing Director, Work to Live, LLC DBA Run Lehigh Valley – Request to hold Emmaus 5 Miler on Saturday, June 4, 2022. Motion by Mr. Anders, seconded by Mrs. Sorg-McManamon to grant the Run Lehigh Valley’s Request to hold the Emmaus 5 Miler on Saturday, June 4, 2022 and to serve alcohol at Triangle Park. There were 7 ayes. Motion carried. e. Beth Sharpless – Adopt Downtown Planters. Mr. Labenberg referred the item to the Community Relations, Planning and Development Committee. f. James Baker – Request for handicapped parking space. Mayor Gilbert referred the item to the Public Safety Committee. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Solicitor Ulrich reported that he reviewed the Easement Agreement, made several changes, it has been signed by the Borough Manager, and the matter is resolved. Progress. UNFINISHED BUSINESS, PART I – None. February 7, 2022 16 EMMAUS BOROUGH COUNCIL NEW BUSINESS Ordinance 1224 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.3.A of the Emmaus Borough Code, Adding a Residential Disabled Parking Sign and Assigning a Permitted Parking Spot on the Public Street Located in Front of 243 Adrain Street, and Amending Chapter 15 §602.2.A, Adding a Disabled Parking Sign on the Public Street Located Adjacent to 568 Broad Street Within the Borough of Emmaus (1st Readimg 2/7/22). Motion by Mr. Hart, seconded by Mr. DeFrain to adopt Ordinance No. 1224 - An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.3.A of the Emmaus Borough Code, Adding a Residential Disabled Parking Sign and Assigning a Permitted Parking Spot on the Public Street Located in Front of 243 Adrain Street, and Amending Chapter 15 §602.2.A, Adding a Disabled Parking Sign on the Public Street Located Adjacent to 568 Broad Street Within the Borough of Emmaus on its 1st Reading. Roll call vote: Mrs. Sorg-McManamon, aye; Ms. Baumgartner, aye; Mr. Anders, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. DeFrain, aye; Mr. Labenberg, aye. There were 7 ayes. Motion carried. Mr. Labenberg stated that the 2nd Reading of Ordinance No. 1224 will occur at the March 7, 2022 Council meeting. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Anders reported that the Committee met on Wednesday, January 19, 2022 and entertained questions about the Committee notes. Mr. Anders reported that the next Committee meeting is Wednesday, February 16, 2022 at 4:00 p.m. Progress. February 7, 2022 17 EMMAUS BOROUGH COUNCIL b. Health, Sanitation, and Codes Committee Motion by Mr. Balliet, seconded by Mr. Hart to appoint Josh Grice to the Planning Commission to a term expiring 4/1/2025. There were 7 ayes. Motion carried. Motion by Mr. Balliet, seconded by Mr. Hart to appoint Susan Schmidt to the Zoning Hearing Board to a term expiring 1/1/2025. There were 7 ayes. Motion carried. Mr. Balliet reported that the next Committee meeting is Wednesday, February 23, 2022 at 4:45 p.m. via Zoom. Progress. c. Parks and Recreation Committee Ms. Baumgartner reported that there are a few items for official action. She stated that the first item is the Food Truck Event. She explained that the event was originally scheduled for April 23, 2022, but has been rescheduled to April 30, 2022 from 11:00 a.m. to 2:00 p.m. Motion by Ms. Baumgartner, seconded by Mr. Balliet to approve the Emmaus Main Street Partner’s request to host a Food Truck Event at the Emmaus Community Park on April 30, 2022 from 11:00 a.m. to 2:00 p.m., contingent upon the presence of a park Police Officer, adherence to the Liquor Control Board regulations, and Borough of Emmaus listed as an insured on the Insurance Policy. There were 7 ayes. Motion carried. Mr. Labenberg asked if the car show and Food Truck Event will coincide. Ms. Baumgartner responded that she believes the Food Truck Event starts earlier. Mr. Pepe stated that staff has reached out to the car show coordinator to see if they would like to coordinate the event. Ms. Baumgartner reported that the Committee discussed potential amenities for the pool that have been budgeted for 2022. She stated that the Committee decided on 2 basketball hoops, an aqua zip, an aqua climb, and a 10’ slide for the pool. She stated that details and pictures are in the iPads. Mr. Anders and Ms. Baumgartner thanked Mrs. Jarrett- Eaton for her research on items for the pool. Motion by Ms. Baumgartner, seconded by Mr. Anders to purchase 2 basketball hoops, an aqua zip, an aqua climb, and a 10’ slide as amenities for the Emmaus Community Pool. There were 7 ayes. Motion carried. Resolution 2022-5 – A Resolution Closing Out Community Conservation Partnerships Grant Project (BRC-TAG-14-176) and Assuring Emmaus’ Commitment to Utilize the Recently Completed Comprehensive Parks, Recreation, Greenways, Trails, and Park Master Plan Studies as a Guideline for Future Recreation Development and Practices. February 7, 2022 18 EMMAUS BOROUGH COUNCIL Motion by Ms. Baumgartner, seconded by Mr. Balliet to adopt Resolution 2022- 5. There were 7 ayes. Motion carried. Mr. Pepe stated that the Resolution was necessary to close out the Grant. Resolution 2022-6 – A Resolution of the Council of the Borough of Emmaus, Lehigh County, Pennsylvania, Approving the Application of a Pennsylvania Department of Conservation and Natural Resources Park Rehabilitation and Development Grant. Motion by Ms. Baumgartner, seconded by Mrs. Sorg-McManamon to adopt Resolution 2022-6. There were 7 ayes. Motion carried. Mr. Pepe referenced a memorandum to Council dated February 7, 2022 and stated that he and Mrs. Jarrett-Eaton met with a representative from PA DCNR regarding the possibility of applying for a grant for the Lions Field/Playground. He stated that it was the representative’s recommendation that the Borough should pursue Phase A and Phase B for the project and add the restrooms. Mr. Pepe stated that the PA DCNR grants are a 50/50 match and if the Borough receives 100% of the request, the Borough would be responsible for $283,112.50. He stated that the due date for the grant is April 4, 2022. He stated that construction would probably not begin until 2025. Ms. Baumgartner reported that the next Committee meeting is March 1, 2022 at 4:45 p.m. via Zoom. Progress. d. Public Safety Committee Mr. Hart reported that the Annual Reports for the Fire, Ambulance, and Police Departments are in the iPads and encouraged Council to review them. Mr. Hart reported that the next Committee meeting is February 24, 2022 at 9:00 a.m. via Zoom. Progress. e. General Administration Committee Motion by Mr. Hart, seconded by Mr. DeFrain to reappoint John Stover to the General Authority to a term expiring 1/1/2027. There were 7 ayes. Motion carried. Motion by Ms. Baumgartner, seconded by Mrs. Sorg-McManamon to reappoint Beverly Springer to the Shade Tree Commission to a term expiring 1/1/2027. There were 7 ayes. Motion carried. February 7, 2022 19 EMMAUS BOROUGH COUNCIL Motion by Mrs. Sorg-McManamon, seconded by Mr. DeFrain to reappoint Christopher Carter to the Library Board to a term expiring 1/1/2024. There were 7 ayes. Motion carried. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to reappoint Dalton Link to the Shade Tree Commission to a term expiring 1/1/2027. There were 7 ayes. Motion carried. Motion by Mr. Balliet, seconded by Mr. Anders to appoint Dustin Grim to the Emmaus General Authority to a term expiring 1/1/2026. There were 7 ayes. Motion carried. Resolution 2022-7 – A Resolution Approving the Sale of a Rifle to Lehigh County in the Amount of One Thousand Five Hundred Dollars ($1,500.00). Motion by Mr. DeFrain, seconded by Mrs. Sorg-McManamon to adopt Resolution 2022-7. There were 7 ayes. Motion carried. Mr. Pepe stated that the rifle will be sold to the Lehigh County District Attorney for use by the Lehigh County Emergency Response Team. Resolution 2022-8 – A Resolution of the Council of the Borough of Emmaus, Lehigh County, Pennsylvania, Authorizing the Borough Manager to Sign and Submit an Application for Traffic Signal Approval to the Pennsylvania Department of Transportation on Behalf of the Borough of Emmaus. Motion by Mr. Balliet, seconded by Ms. Baumgartner to adopt Resolution 2022- 8. There were 7 ayes. Motion carried. Motion by Mr. Anders, seconded by Mr. Hart to reject delivery of the office trailer with Phoenix Contracting LLC. There were 7 ayes. Motion carried. Motion by Ms. Baumgartner, seconded by Mr. DeFrain to purchase an office trailer with Hale Trailer Brake & Wheel, Inc. in the amount of $9,500.00, including delivery, leveling, and piers, with an additional fee of $340.00 for tie downs. There were 7 ayes. Motion carried. Mr. Labenberg reported that the next Committee meeting will be held on Thursday, February 17, 2022 at 9:00 a.m. via Zoom. Progress. f. Budget & Finance Committee Resolution 2022-9 authorizing payment of the February 7, 2022 Bill List as follows: Bill List $ 747,955.73 February 7, 2022 20 EMMAUS BOROUGH COUNCIL Payroll #2 $ 177,578.50 Payroll Taxes $ 57,801.09 Total $ 983,335.32 Done this 7th day of February 2022. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2022-9. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about the 4th Quarter Budget Summary, Significant Revenue & Expense Items for January 2022, and two sets of meeting notes. Mr. DeFrain reported that the next Committee meeting will be held on Thursday, February 17, 2022 at 11:00 a.m. via Zoom. Progress. g. Community Relations, Planning and Development Committee Mrs. Sorg-McManmon reported that there are several reappointments needed at tonight’s meeting. She stated that volunteers are the heart of the community and thanked all of the volunteers for reapplying. Motion by Mrs. Sorg-McManamon, seconded by Mr. Balliet to reappoint Susan Kowalchuk and Stephen Baier to the Community Garden Commission to terms expiring on 1/1/2026. There were 7 ayes. Motion carried. Motion by Mrs. Sorg-McManamon, seconded by Mr. Balliet to reappoint Kris Thompson and Wendy Bartkus to the Community Garden Commission to terms expiring 1/1/2025. There were 7 ayes. Motion carried. Motion by Mrs. Sorg-McManamon, seconded by Ms. Baumgartner to reappoint Karri Schreppel, Patty Feninez, and Alan Sylvestre to the Arts Commission to terms expiring 2/7/2025. There were 7 ayes. Motion carried. Motion by Mrs. Sorg-McManamon, seconded by Ms. Baumgartner to reappoint Wayne Lawler to the Arts Commission to a term expiring 2/1/2025. There were 7 ayes. Motion carried. Mrs. Sorg-McManamon reported that the first Committee meeting of 2022 will be held on February 14, 2022 at 4:30 p.m. via Zoom. Progress. PERSONAL APPEALS, PART II A. Peter Metz, 34 W. Greenleaf Street – thanked the Public Works Department for their hard work at the Emmaus Community Park during the summer. He stated that he February 7, 2022 21 EMMAUS BOROUGH COUNCIL has an idea for the pool flooding. He stated that there is a system known as the rapid response flood system. He provided Council with information about the system. He asked for a status update on repairing the roads in the Borough and asked about the state roads, in particular Chestnut Street from McDonalds to the Superior Restaurant. Mr. Pepe responded that he believes he saw a proposed Penndot delivery schedule and it is scheduled for 2024- 2025. He stated that the schedule changes all of the time though. Mr. Metz asked if there is a reason that it hasn’t been fixed. Mr. Pepe responded that the Borough is not allowed to touch the road because it is a state road, and the repair is dependent on Penndot. Mr. Pepe stated that the Borough just received a $575,000 grant and will be reconstructing S. 2nd Street, from Main Street to Boroline. He also stated that Country Heights will be resurfaced. Mr. DeFrain stated that the Borough has just created a Roads Fund and anything that goes into the fund must be used for road repair. B. Grant Nunn, 943 Broad Street – stated that he was before Council 2 months ago due to flooding at his property. He stated that the flooding has gotten really bad in the past 6 years and asked the Borough to look back in their records to see what has changed. He voiced concern about speeding at 10th & Broad Street. Mr. Labenberg stated that he will discuss the flooding situation with the Public Works Director. BOROUGH MANAGER’S REPORT Mr. Pepe reported that staff hired Richard Schantzenbach and Timothy Kline as Firefighters. He stated that there are several more interviews that are upcoming for one or two additional positions. Mr. Pepe stated that the Department Manager’s 2022 Goals are on the iPads for Council’s review. Progress. PRESIDENT’S BUSINESS Progress. February 7, 2022 22 EMMAUS BOROUGH COUNCIL ADJOURNMENT Motion by Mr. Balliet, seconded by Mr. DeFrain to adjourn the February 7, 2022 Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 8:07 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant February 10, 2022