Borough Council Meetings

June 20, 2022 64 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on June 20, 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 via Zoom Sara Jarrett-Eaton, Asst. Borough Manager Present PERSONAL APPEALS, PART I – None. COMMUNITY MINUTE Mrs. Sorg-McManamon thanked Mr. Labenberg and Mayor Gilbert for their years of service and congratulated them on receiving the PSAB Years of Service Award. SPECIAL PRESENTATIONS Mayor Gilbert issued the Oath of Office to Police Sergeant Kevin Schmidt. Mr. Labenberg recessed the meeting at 7:03 p.m. Mr. Labenberg reconvened the meeting at 7:11 p.m. READING OF MINUTES Motion by Mr. Anders, seconded by Mr. DeFrain to adopt the May 16, 2022 Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS – None. COMMUNICATIONS June 20, 2022 65 EMMAUS BOROUGH COUNCIL a. Joint Environmental Advisory Committee – Earth Day Memorandum. Mr. Labenberg read the memorandum and stated that there were approximately 96 participants who collected 50 bags of trash, 7 bags of recyclables, 13,735 lbs. of electronic waste, and 121,212 lbs. of paper. b. Danyel Harrison, Handmade Mystic, 2 S. 4th Street – Community Event Requests for Saturday, July 16th and August 20th. Ms. Baumgartner explained that they recently held an event, and the request for the event was submitted at the last minute. She stated that the event was held on June 18th and there was a request to close part of S. 4th Street for the event. She stated that there was not enough time to be able to close the street and that that the request for July 16th does not give enough time for proper review or street closure. She explained that they were notified to submit event requests earlier. Mr. Pepe responded that closing S. 4th Street requires a PennDot permit because it is a state road, and it takes months for approval. Mr. Labenberg responded that the last event was held at Triangle Park and asked if they could hold the July 16th event there. Mr. Pepe responded affirmatively. Mr. Pepe cautioned on closing S. 4th Street unless it is a major event. He also stated that he has received little information on the proposed events. Mr. Labenberg stated that they have requested 4 parking spots be reserved at Triangle Park. He also stated that the event may draw people into the downtown. Mr. Pepe responded that he encouraged the business owner to speak to the Emmaus Main Street Partners and possibly hold an event in conjunction with other businesses to help draw individuals to the downtown area. Motion by Mr. Balliet to approve the Handmade Mystic event to be held on July 16, 2022 from 10:00 a.m. to 5:00 p.m., reserving 4 parking spaces at the Triangle, all tents located at Triangle Park, contingent upon insurance, and final approval of the Parks and Recreation Committee. Motion died for lack of a second. Motion by Ms. Baumgartner, seconded by Mr. Balliet to approve the Handmade Mystic event to be held on August 20, 2022 from 10:00 a.m. to 5:00 p.m., reserving 4 parking spaces at the Triangle, with all tents located at Triangle Park, contingent upon insurance, and final approval of the Parks and Recreation Committee. There were 6 ayes, 1 no. (Hart). Motion carried. c. State Representative Milou McKenzie – Local Share Account (LSA) of Lehigh County grant award in the amount of $25,458. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Solicitor Urich reported that Council will need to make a motion to amend the agenda to include Resolution 2022-28 for 322-326 Franklin Street, approving the revised preliminary/final minor subdivision plan. June 20, 2022 66 EMMAUS BOROUGH COUNCIL Motion by Mr. Balliet, seconded by Mr. Anders to amend the agenda to include Resolution 2022-28. There were 7 ayes. Motion carried. Resolution 2022-28 – A Resolution Approving the Revised Preliminary/Final Minor Subdivision Plan with Respect to the Minor Subdivision proposed by James Rice for the Property Located at 322-326 Franklin Street, Emmaus, PA. Motion by Mr. Balliet, seconded by Mr. Hart to adopt Resolution 2022-28. There were 7 ayes. Motion carried. Progress. UNFINISHED BUSINESS, PART I Ordinance No. 1228 - An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.2.A of the Emmaus Borough Code, Removing a Residential Disabled Parking Sign on the Public Street Located Across from 628 Ridge Street Within the Borough of Emmaus (1st Reading 5/16/22) (2nd Reading 6/20/22) Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to adopt Ordinance No. 1228 - An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.2.A of the Emmaus Borough Code, Removing a Residential Disabled Parking Sign on the Public Street Located Across from 628 Ridge Street Within the Borough of Emmaus on its 2nd 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. NEW BUSINESS Ordinance No. 1229 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.2.A of the Emmaus Borough Code, Removing a Residential Disabled Parking Sign on the Public Street Located Across from 529 Minor Street Within the Borough of Emmaus. (1st Reading 6/20/22) Mr. Hart stated that the Ordinance needs to be amended to include 234 Adrain Street. Motion by Mr. Hart, seconded by Mr. Balliet to adopt Ordinance No. 1229 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.2.A of the Emmaus Borough Code, Removing a Residential Disabled Parking Sign on the Public Street Located Across from 529 Minor Street and 234 Adrain 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. June 20, 2022 67 EMMAUS BOROUGH COUNCIL Ordinance No. 1230 – An Ordinance Enacted by the Council of the Borough of Emmaus, Lehigh County, Pennsylvania, Repealing Ordinance No. 1011, Amending Little Lehigh Creek Water Shed Act 167-Storm Water Management Ordinance, as Recently Amended Pursuant to the Storm Water Management Act, Act of October 4, 1978, 32 P.S., P.L. 864 (No. 167), Section 6801.1 Et Seq. and Repealing All Prior Ordinances or Sections Inconsistent Therewith (1st Reading 6/20/22). Motion by Mr. Anders, seconded by Mr. DeFrain to adopt Ordinance No. 1230 – An Ordinance Enacted by the Council of the Borough of Emmaus, Lehigh County, Pennsylvania, Repealing Ordinance No. 1011, Amending Little Lehigh Creek Water Shed Act 167-Storm Water Management Ordinance, as Recently Amended Pursuant to the Storm Water Management Act, Act of October 4, 1978, 32 P.S., P.L. 864 (No. 167), Section 6801.1 Et Seq. and Repealing All Prior Ordinances or Sections Inconsistent Therewith 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. Pepe responded that updating the Ordinance is part of the MS4 requirement. He introduced Steve Sell, Ott Engineering. Mr. Sell discussed the Ordinance and the need to update it as per requirements from DEP. Mr. Balliet asked if this pertains to new construction only. Mr. Labenberg asked Solicitor Ulrich to research the implications to current homeowners prior to the 2nd Reading. Mr. Labenberg reported that the 2nd Readings of Ordinance No. 1229 and 1230 will occur at the July 18, 2022 Council meeting. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert stated that her Activity Report for March 16 through June 14, 2022 is located on the Ipads. Mayor Gilbert reported that Family Night/Open House at the Emmaus Police Station will be held on August 2nd. She also reported that there will be a crime prevention seminar on Thursday, July 14, 2022 at Bethel Bible Fellowship Church from 6:00 p.m. to 8:00 p.m. and invited everyone to attend. Progress. June 20, 2022 68 EMMAUS BOROUGH COUNCIL COMMITTEE REPORTS a. Public Works Committee Mr. Anders reported that the hiring search is continuing for the Public Works position. He reported that the next Committee meeting is July 20, 2022 at 4:00 p.m. Progress. b. Health, Sanitation, and Codes Committee Motion by Mr. Balliet, seconded by Mrs. Sorg-McManamon to grant the Construction Security Release for the Seven Generations Charter School Gymnasium in the amount of $138,385.85. Mr. Pepe suggested amending the motion to be contingent upon final approval by the Borough Engineer. Mr. Balliet amended his first and Mrs. Sorg-McManamon amended her second. Motion by Mr. Balliet, seconded by Mrs. Sorg-McManamon to grant the Construction Security Release for Seven Generations Charter School Gymnasium in the amount of $138,385.85 contingent upon final approval by the Borough Engineer. There were 7 ayes. Motion carried. Mr. Balliet reported that the next Committee meeting is Wednesday, June 29, 2022 at 4:45 p.m. via Zoom. Progress. c. Parks and Recreation Committee Ms. Baumgartner reported that there is one item for official action tonight. Motion by Ms. Baumgartner, seconded by Mr. Hart to appoint Alison Fox to the Emmaus Recreation and Entertainment Commission to a term expiring 5/1/2023. There were 7 ayes. Motion carried. Ms. Baumgartner reported that the final presentation of the Pool Study will occur at the July 18, 2022 Council meeting. June 20, 2022 69 EMMAUS BOROUGH COUNCIL She stated that the next Committee meeting will be held on July 5, 2022 at 4:45 p.m. via Zoom. Progress. d. Public Safety Committee Mr. Hart referenced a Memorandum prepared by Chief Apgar stating that Officer Brandon Sacks’ one-year probationary period ends on June 21, 2022 and recommends retaining him at full-time permanent status. Motion by Mr. Hart, seconded by Mr. Balliet to retain Officer Brandon Sacks as a permanent full-time Emmaus Police Officer. There were 7 ayes. Motion carried. Mr. Hart entertained questions about the Committee notes from May 26, 2022, and reported that the next Committee meeting on June 30, 2022 is canceled. He reported that the next Committee meeting is July 28, 2022, at 9:00 a.m. via Zoom. Progress. e. General Administration Committee Mr. Labenberg entertained questions about the meeting notes and reported that the next Committee meeting is Thursday, July 7, 2022, at 9:00 a.m. via Zoom. Progress. f. Budget & Finance Committee Mr. DeFrain reported that the Committee met on June 2, 2022. He stated that they discussed the purchase of a new breathing air compressor. He stated that the Committee recommends paying $4,000 towards the purchase. He stated that the Fireman’s Relief Association will contribute $25,000. Motion by Mr. DeFrain, seconded by Mr. Hart to authorize the Borough of Emmaus to pay $4,000 towards the purchase of the breathing air compressor for the Emmaus Fire Department. There were 7 ayes. Motion carried. Resolution 2022-27 authorizing payment of the June 20, 2022, Bill List as follows: Bill List $ 1,263,074.94 Payroll #10, #11 & #12 $ 528,120.11 Payroll Taxes $ 172,003.65 Total $ 1,963,198.70 June 20, 2022 70 EMMAUS BOROUGH COUNCIL Done this 20th day of June 2022. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2022-27. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about the Significant Revenue and Expense Items for May 2022 and the Committee meeting notes. He reported that the next Committee meeting is Thursday, July 7, 2022, at 11:00 a.m. via Zoom. Progress. g. Community Relations, Planning and Development Committee Mrs. Sorg-McManamon presented the Lehigh University Small Business Development Center concept, designed to help local business owners, and stated that Darryl Wentz will present the concept at the July Committee meeting. She stated that the information is available in the iPads. Mr. Pepe stated that Mr. Wentz helps small businesses with developing their business plans and with preparing to approach banks for funding. Mr. Anders stated that there is a new candy business in the Borough and welcomed them to the Borough. Mrs. Sorg-McManamon reported that the next Committee meeting is Monday, July 11, 2022 at 4:30 p.m. via Zoom. Progress. PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT Mr. Pepe reported that staff will be interviewing candidates for Public Works and the Ambulance Chief position. He stated that the Police hiring process will begin again. Mr. Pepe provided an update on the PFAS issue. He stated that he received engineer reports with prospective alternative filtration systems. He stated that the EPA issued new warning level issues, and this makes almost everyone in the Lehigh Valley over the limit in PFAS. He also stated that the PFAS lawsuit has moved to the Federal Court in South Carolina. Mr. Pepe stated that he has ordered well testing at all Borough wells and that DEP funding is available, but the Borough must be shovel ready at all wells with engineering. He explained that the Borough is going to apply for $3 million in funding through DEP. June 20, 2022 71 EMMAUS BOROUGH COUNCIL Progress. PRESIDENT’S BUSINESS Mr. Labenberg stated that he believes that a discussion is needed on the Knauss Homestead barn proposal. Mr. Pepe stated that the Community Relations, Planning & Development Committee needs to be involved in the process. Mr. Pepe stated that he is aware of some repair work that is being done, but he was unaware of the bigger plans. Mr. Labenberg reported that there were 15 properties listed in the Real Estate page of the Morning Call with $6.4 million in sales. He stated that the average price of the homes was $400,000. Mr. Labenberg asked if an Executive Session is needed to discuss contract negotiations. Solicitor Ulrich stated that a motion is needed to amend the agenda to include this. Motion by Mr. Hart, seconded by Mr. Anders to amend the agenda to include an Executive Session. Mr. Labenberg recessed the meeting at 8:02 p.m. for an Executive Session to discuss contract negotiations with no action anticipated. Mr. Labenberg reconvened the meeting at 8:30 p.m. with no action necessary. Progress. ADJOURNMENT Motion by Mr. Hart, seconded by Ms. Baumgartner to adjourn the June 20, 2022 Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 8:30 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant June 28, 2022