Borough Council Meetings

March 21, 2022 35 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on March 21, 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 Also in attendance, Jason Buchta, Ott Consulting. PERSONAL APPEALS, PART I – None. COMMUNITY MINUTE – None. SPECIAL PRESENTATIONS – None. READING OF MINUTES Motion by Mr. Anders, seconded by Mr. DeFrain to adopt the March 7, 2022 Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS Motion by Mr. Hart, seconded by Mr. Anders to grant the 2022 Lawn Mowing and Trimming Bid to All Year, Inc. Mr. Labenberg questioned what would happen if a location was missed in the bid. Mr. Pepe responded that the Borough would mow it and it would most likely be a trimming item that was missed. He explained that the Borough will save between $60,000 and $70,000 per year with this contract. Mr. Pepe stated that the bid was for 3 years with 3 optional 1- year extensions and believes that the motion needs to be amended to include this. Mr. Hart amended his motion and Mr. Anders amended his second. March 21, 2022 36 EMMAUS BOROUGH COUNCIL Motion by Mr. Hart, seconded by Mr. Anders to grant the 2022 Lawn Mowing and Trimming Bid to All Year, Inc., for 3 years with 3 optional 1-year extensions for a price of $94,774 for 2022, $95,721.24 for 2023, and $97,636.17 for 2024. There were 7 ayes. Motion carried. COMMUNICATIONS a. William & Victoria Helvig, 607 Alden Drive – LED lights shining in windows. b. Barbara Cousland, 140 Eagle Street – Street deterioration on Dalton Street between Dell and Eagle Street. Mr. Labenberg referred the item to staff. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Progress. UNFINISHED BUSINESS, PART I – None. NEW BUSINESS Ordinance No. 1225 – An Ordinance Amending Part 1, Street Excavations, Chapter 21 §111 of the Codified Ordinances, Amending Sections Related to Resurfacing Requirements of Street Openings (1st Reading 3/21/22). Motion by Mr. DeFrain, seconded by Mr. Anders to adopt Ordinance No. 1225 - An Ordinance Amending Part 1, Street Excavations, Chapter 21 §111 of the Codified Ordinances, Amending Sections Related to Resurfacing Requirements of Street Openings 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. Ordinance No. 1226 – An Ordinance Amending Part 4, Chapter 15 §403 and Chapter 15 §601 of the Codified Ordinances, Establishing Parking Restrictions on the Public Street and Parking Lot Adjacent to the Emmaus Police Department (1st Reading 3/21/22). Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to adopt Ordinance No. 1226 - An Ordinance Amending Part 4, Chapter 15 §403 and Chapter 15 §601 of the Codified Ordinances, Establishing Parking Restrictions on the Public Street and Parking Lot Adjacent to the Emmaus Police Department 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. Mayor Gilbert suggested temporarily covering the 15-minute parking signs across from the Police Station on Jubilee Street. March 21, 2022 37 EMMAUS BOROUGH COUNCIL Motion by Mr. Balliet, seconded by Mrs. Sorg-McManamon to amend the agenda to include the discussion of covering the 15-minute parking signs across from the Police Station on Jubilee Street. There were 7 ayes. Motion carried. Motion by Mr. Anders, seconded by Mr. Hart to temporarily cover the 15- minutes parking signs along the north side of Jubilee Street between 4th and 5th Street to allow for regular parking for the duration of the construction. There were 7 ayes. Motion carried. 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 did not meet during March and the next Committee meeting is Wednesday, April 20, 2022 at 4:00 p.m. Progress. b. Health, Sanitation, and Codes Committee 2022-15 – A Resolution Conditionally Approving the Revised Preliminary/Final Land Development Plan for Seven Generations Charter School Foundation Located at 33 E. Minor Street, Emmaus, Pennsylvania. Roger Perose, Skepton Construction, explained that he is the General Contractor for the Seven Generations Charter School addition. He introduced Paul Szewczak, Benchmark Engineering, and Amanda Cosman, Seven Generations Charter School Principal. He stated that the Charter School is proposing a 4,000 sq. ft. addition and that the space will be used as a gymnasium. He stated that a submission was made to the Borough’s Planning Commission, and they worked very well with Benchmark to finalize the plan. He explained that, included in the Planning Commission’s Review, the Commission approved three of four requested waivers. He stated that he is requesting a waiver to Section 512 of the Land Development Ordinance requesting a review of the Erosion and Sediment Pollution Control Plan by the Lehigh County Conservation District (LCCD). Mr. Szewczak explained that the project will disturb less than one acre and it is typically requested that a waiver from review by LCCD be granted, and alternately, the Borough Engineer completes a review. He stated that a review by the LCCD will take months and will delay the project. He also stated that the Borough Engineer is supportive of this waiver and that his office had reviewed the plan March 21, 2022 38 EMMAUS BOROUGH COUNCIL and found the plan to be in conformance with the Emmaus Borough Ordinances and DEP standards. Mr. Pepe suggested supporting the request for a waiver due to the size of the project and because Ott Engineering is very qualified to review the plan and there is no sense waiting months for a review that won’t be different anyway. Mr. Pepe also stated that this is an exception to our agreement with the Conservation District, and not a standard practice. Mr. Szewczak stated that the project was made neutral and does not create any additional runoff. Solicitor Ulrich stated that paragraph 4 of the proposed Resolution will need to be amended to change the wording to approved rather than denied. Mr. DeFrain clarified that the stormwater request is not being waived, and the plan will be reviewed by the Borough’s Engineer instead of the LCCD. Motion by Mr. Hart, seconded by Mr. Balliet to adopt Resolution 2022-15 - A Resolution Conditionally Approving the Revised Preliminary/Final Land Development Plan for Seven Generations Charter School Foundation Located at 33 E. Minor Street, Emmaus, Pennsylvania, contingent on an amendment under paragraph 4 to reflect the waiver as approved. There were 7 ayes. Motion carried. Resolution 2022-14 – A Resolution Granting Certain Waiver Requests Under Section(s) 403.1 and Section 608.1 of the Borough Subdivision Plan Proposed by John D. and Diane A. Nonnemacher Located at 303 Franklin Street, Emmaus, Pennsylvania. Solicitor Ulrich explained that the developer requested multiple waivers and included is a waiver request to Section 512 of the SALDO, He stated that the plan is not ready for conditional approval and that the waiver request is the exact same as the Seven Generations Charter School request. Mr. Buchta, Ott Consulting, stated that the applicant is proposing to subdivide the property into 3 lots and explained stormwater concerns with the project. Mr. Pepe explained that Council is approving waivers tonight, not the plan itself, and this allows the applicant to move forward with the process. Motion by Mr. Balliet, seconded by Mrs. Sorg-McManamon to adopt Resolution 2022-14 - A Resolution Granting Certain Waiver Requests Under Section(s) 403.1 and Section 608.1 of the Borough Subdivision Plan Proposed by John D. and Diane A. Nonnemacher Located at 303 Franklin Street, Emmaus, Pennsylvania, contingent upon amending the resolution to reflect the LCCD waiver as approved. There were 7 ayes. Motion carried. Mr. Balliet reported that the next Committee meeting is Wednesday, March 30, 2022 at 4:45 p.m. via Zoom. Progress. c. Parks and Recreation Committee Ms. Baumgartner reported that the next Committee meeting is April 5, 2022 at 4:45 p.m. via Zoom. Progress. March 21, 2022 39 EMMAUS BOROUGH COUNCIL d. Public Safety Committee Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to hire Adam Priest as a full-time Paramedic contingent upon a successful background check. There were 7 ayes. Motion carried. Mr. Hart reported that the next Committee meeting is March 31 at 9:00 a.m. via Zoom. Progress. e. General Administration Committee Mr. Labenberg reported that the next Committee meeting is Thursday, April 7, 2022 at 1:00 p.m. via Zoom. He noted that the time is different due to Mr. Pepe’s schedule. Progress. f. Budget & Finance Committee Resolution 2022-16 authorizing payment of the March 21, 2022 Bill List as follows: Bill List $ 241,775.63 Payroll #5 $ 166,263.62 Payroll Taxes $ 54,665.78 Total $ 462,705.03 Done this 21st day of March 2022. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2022-16. There were 7 ayes. Motion carried. Mr. DeFrain reported that the next Committee meeting is scheduled for Thursday, April 7, 2022 at 11:00 a.m. via Zoom. Progress. g. Community Relations, Planning and Development Committee Mrs. Sorg-McManamon reported that there is nothing for official action tonight and the next Committee meeting is Monday, April 11, 2022 at 4:30 p.m. via Zoom. Progress. PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT March 21, 2022 40 EMMAUS BOROUGH COUNCIL Mr. Pepe provided an update on the construction project and stated that the construction meetings are on target. He stated that there is a very long lead time for ordering parts, but this is not anticipated to delay the project. Mr. Pepe explained that asbestos removal was was nearly complete at Town Hall when additional asbestos was found. He stated that this will increase the cost for removal. He stated that the Fire Department and EMS will be out of their building within the next two weeks and asbestos remediation will begin then. He also stated that Skepton Construction will begin demolition in the basement and 1st floor of Town Hall. He explained that the Police building will not begin construction until the fall. He stated that clearances from Skepton are being received and the Police Chief will review them. He stated that the funding is complete for the project and the wire transfer was made. Progress. PRESIDENT’S BUSINESS Mr. Labenberg recessed the meeting at 7:58 p.m. for an Executive Session to discuss personnel and real estate matters with no action anticipated. Mr. Labenberg reconvened the meeting at 8:50 with no action necessary. Progress. ADJOURNMENT Motion by Mr. Balliet, seconded by Mr. Hart to adjourn the March 21, 2022 Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 8:50 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant March 23, 2022