Borough Council Meetings

July 18, 2022 73 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on July 18, 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 Absent Chad Balliet Present via Zoom Shana Baumgartner Present John W. Hart Present Teri Sorg-McManamon Present LeeAnn Gilbert, Mayor Present Jason Ulrich, Solicitor Present via Zoom Shane Pepe, Borough Manager Present via Zoom Sara Jarrett-Eaton, Asst. Borough Manager Present PERSONAL APPEALS, PART I A. Dalton Link, 403 S. 4th Street and Rebecca Strauss, 733 W Greenleaf Street, members of the Emmaus Shade Tree Commission – Ms. Strauss introduced herself and stated that she and Mr. Link wanted to introduce themselves to Council. Ms. Strauss stated that Beverly Springer is also a member of the Shade Tree Commission but was unable to attend tonight’s meeting. She stated that due to the retirement of a member, the Shade Tree Commission needs an arborist or tree professional on the Commission. She explained that according to the by-laws, one of the members of the Shade Tree Commission must be an arborist. Mr. Labenberg stated that the fall newsletter will be mailed out shortly and that it is a great opportunity to find volunteers. Mr. Pepe stated that Mrs. Sorg-McManamon has been working tirelessly to find a professional. He also stated that there are several individuals that work in the Borough, but are not residents, who are interested in helping in a consulting capacity. Mr. Link and Ms. Strauss stated that the Commission is working on modifying the Ordinance. Mr. Pepe reminded Mr. Link and Ms. Strauss that the PA Borough Code is very specific on the Shade Tree Commission and suggested that they use the Code as their guideline. COMMUNITY MINUTE Mrs. Sorg-McManamon reminded everyone that the Passport to History event will be held this weekend with the historical houses participating in the event. She stated that the event will be held on Saturday and Sunday from 10:00 a.m. to 4:00 p.m. July 18, 2022 74 EMMAUS BOROUGH COUNCIL Mr. Labenberg stated that he attended the ribbon cutting ceremony for Mantra Massage and Spa, located behind Buss Paint and believes that they will be very successful. Ms. Baumgartner stated that the Concerts in the Park and Tunes in the Triangle are continuing and have been very well attended. She stated that the Large Flowerheads had the largest attendance of the year. Mr. Pepe stated that the new candy shop in the downtown is doing very well. He also stated that a new pizza shop will be opening where Joe’s Pizza used to be. Mayor Gilbert reminded everyone that the Emmaus Police Department Open House will be held on Tuesday, August 2nd and invited everyone to attend. SPECIAL PRESENTATIONS Brent Boyer, Aquatic Facility Design Inc., Swimming Pool Study. Mr. Boyer reviewed the results of the Borough of Emmaus Community Swimming Pool Conditions Assessment & Feasibility Study and explained the new concept of the pool, bath house, and concession stand. READING OF MINUTES Mr. Labenberg stated that Mr. Hart has briefly left the room and will not be present for the vote on the motion to approve the minutes. Motion by Mr.Defrain, seconded by Ms. Baumgartner to adopt the June 20, 2022 Council Minutes as drafted. There were 5 ayes. Motion carried. DECISION ON BIDS – None. COMMUNICATIONS a. The Friends of the 1803 House – Passport to History Event Request – Mr. Labenberg referred the item to staff. b. FSX, Fifth Street Cross Event Request– Mr. Labenberg referred the item to staff. c. Emmaus Lioness Lions Club Scarf Shower Event Request – Mr. Labenberg referred the item to staff. d. Jehovah Witness Triangle Park Event Request – Mr. Labenberg stated that the Jehovah Witnesses are requesting to place a table on Triangle Park on Friday, Saturday, and Sunday from 10:00 a.m. to 3:00 p.m., July through October. Mr. Labenberg referred the item to the Parks and Recreation Committee. e. St. Ann’s Fall Fest Event Request – Mr. Labenberg referred the item to staff. July 18, 2022 75 EMMAUS BOROUGH COUNCIL f. Reds Bailey – Resignation from the Shade Tree Commission. Mr. Labenberg stated that Mr. Bailey has been on the Shade Tree Commission since its inception. Mr. Pepe stated that Mr. Bailey has always been a community-minded person and was instrumental in the success of the Shade Tree Commission. Mr. Pepe stated that he is well-respected in the community and will be greatly missed. g. Joseph Romanowski – Resignation from the Joint Environmental Advisory Council. h. Kaysie Bauder – Resignation from Emmaus Ambulance Corps. i. Seven Generations Charter School – Request to Amend Chapter 15, Part 4 §15- 403, and §150404.1 of the Borough of Emmaus Code of Ordinances. Mr. Labenberg referred the item to the Public Safety Committee. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Solicitor Ulrich reported that the Seven Generations Charter School mistakenly received a letter of credit from the Seven Generations Corporation instead of the Seven Generations Foundation. He stated that the Foundation owns the building and has signed the agreements and performed the development work. He stated that he has spoken with their attorney and there is nothing preventing the Borough from accepting the letter. He stated that he will review the letter and that Council does not need to take any action on this matter. Progress. UNFINISHED BUSINESS, PART I 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) (2nd Reading 7/18/22). Motion by Mr. Hart, 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 2nd Reading. Roll call vote: Mrs. Sorg McManamon, aye; Ms. Baumgartner, aye; Mr. Hart, aye; Mr. DeFrain, aye; Mr. Balliet, aye; Mr. Labenberg, aye. There were 6 ayes. Motion carried. July 18, 2022 76 EMMAUS BOROUGH COUNCIL NEW BUSINESS – None. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert read Proclamation 2022-542 proclaiming July 30th of each year as Founders Day, a special day to show appreciation of the settlers in 1747 who established a Moravian Congregation of 44 people that evolved into the village of Emmaus, Pennsylvania. Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Balliet stated that staff and the Public Works Committee interviewed and recommends hiring Robert Leanch as a new Public Works Employee. Motion by Mr. Balliet, seconded by Mr. Hart to hire Robert Leanch as a full-time Public Works employee contingent upon a successful background check with a proposed start date of Monday, August 8th. There were 6 ayes. Motion carried. He reported that the July 20, 2022 Committee meeting is cancelled. Progress. b. Health, Sanitation, and Codes Committee Resolution 2022-29 – Approving, in Accordance with Section 147(f) of the Internal Revenue Code of 1986, as Amended, a Plan of Financing of the Borough of Langhorne Manor Higher Education and Health Authority and Declaring that it is Desirable for the Health, Safety and Welfare of the People of the Borough of Emmaus and the People in the Area Served by the Project for the Borough of Langhorne Manor Higher Education and Health Authority to Undertake a project for Phoebe-Devitt Homes, Phoebe Berks Health Care Center, Inc., Phoebe Home, Inc., Phoebe Services, Inc., and Phoebe Richland Health Care Center. Bryan Coloski, Bond Counsel, and Tom Baer, CFO for Phoebe Devitt Homes, explained the need for the Resolution. July 18, 2022 77 EMMAUS BOROUGH COUNCIL Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to adopt Resolution 2022-29. There were 6 ayes. Motion caried. Motion by Mr. Balliet, seconded by Ms. Baumgartner to extend the Refuse and Recycling Collection Disposal and Marketing Agreement with Whitetail Disposal until 2023. There were 6 ayes. Motion carried. Motion by Mr. Balliet, seconded by Mrs. Sorg-McManamon to grant the 118 N. 2nd Street Letter of Credit pending final approval by the Borough Engineer. There were 6 ayes. Motion carried. Mr. Balliet reported that the next Committee meeting is Wednesday, July 27, 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 Mrs. Sorg-McManamon to appoint Alison Spagnoletti to the Emmaus Recreation and Entertainment Commission to a term expiring 6/7/2025. There were 6 ayes. Motion carried. Ms. Baumgarner thanked the Recreation and Entertainment Commission, and all of the volunteers for helping with the summer concerts. She stated that the concerts are going very well. Ms. Baumgartner entertained questions about the July 5, 2022 Committee notes and stated that the next Committee meeting will be held on August 2, 2022 at 4:45 p.m. via Zoom. Progress. d. Public Safety Committee Mr. Hart stated that Sergeants Polster and Knoblauch will reach the end of their one-year probation period on Wednesday, July 20, 2022. Motion by Mr. Hart, seconded by Mr. Balliet to retain Sergeants Polster and Knoblauch as permanent full-time Emmaus Police Sergeants. There were 6 ayes. Motion carried. He reported that the next Committee meeting is July 28, 2022, at 9:00 a.m. via Zoom. July 18, 2022 78 EMMAUS BOROUGH COUNCIL Progress. e. General Administration Committee Motion by Mr. Hart, seconded by Ms. Baumgartner to hire Gannett Fleming as hydrologists for the Borough of Emmaus. There were 6 ayes. Motion carried. Mr. Pepe explained that he will meet with Gannett Fleming to determine the exact scope of work that is needed. He stated that he will present the different scopes of work and their fees for them to the General Administration Committee. Motion by Mr. Hart, seconded by Mr. Balliet to approve the Change Order Proposal for Borough Council Chambers in the amount of $10,585.20. There were 4 ayes, 2 opposed. (Labenberg, Baumgartner). Motion carried. Mr. Pepe explained that the fee does not include the price for electric for chambers. Mr. Labenberg stated that he will vote against the Change Order Proposal because he does not believe that it is necessary. Mr. Labenberg reported that the Thursday, July 21, 2022, General Administration Committee meeting is cancelled. Progress. f. Budget & Finance Committee Motion by Mr. DeFrain, seconded by Mr. Hart to authorize the purchase of the Police Department Server from Hewlitt Packard with the lease payments beginning in January 2023. There were 6 ayes. Motion carried. Mr. Pepe stated that it is unfortunate that lead times are so far out and believes that items like this are going to be occurring more often. Motion by Mr. DeFrain, seconded by Mr. Hart authorize the purchase of the Public Works Sewer Camera Demo Truck for a maximum purchase price of $405,775 using funds from the COVID relief grant. There were 6 ayes. Motion carried. Mr. DeFrain reviewed the Quarterly budget report for June 2022. July 18, 2022 79 EMMAUS BOROUGH COUNCIL Resolution 2022-30 authorizing payment of the July 18, 2022, Bill List as follows: Bill List $ 1,377,182.91 Payroll #1 3& #14 $ 350,352.18 Payroll Taxes $ 111,740.86 Total $ 1,839,275.95 Done this 18th day of July 2022. Motion by Mr. DeFrain, seconded by Ms. Baumgartner to adopt Resolution 2022- 30. There were 6 ayes. Motion carried. Mr. DeFrain entertained questions about the Significant Revenue and Expense Items for June 2022 and the Committee meeting notes. He reported that the next Committee meeting is Thursday, July 21, 2022, at 11:00 a.m. via Zoom. Progress. g. Community Relations, Planning and Development Committee Mrs. Sorg-McManamon reported that Darryl Wentz, Lehigh University Small Business Development Commission, presented the concept for his Small Business Development Commission and the work it has done throughout the community. Mrs. Sorg-McManamon stated that the Commission would like to meet with business owners and has requested the use of Borough Hall for up to two times per month with additional times as negotiated with the Borough Manager. She stated that they also have an alternative space. Motion by Mrs. Sorg-McManamon, seconded by Ms. Baumgartner to approve the use of Borough Hall by the Small Business Development Commission of Lehigh University for up to two times per month. There were 6 ayes. Motion carried. Motion by Mrs. Sorg-McManamon, seconded by Ms. Baumgartner to appoint Alison Spagnoletti to the Emmaus Arts Commission to a term expiring 10/16/2023. There were 6 ayes. Motion carried. Motion by Mrs. Sorg-McManamon, seconded by Ms. Baumgartner to appoint Alison Fox to the Emmaus Arts Commission to a term expiring 10/16/2025. There were 6 ayes. Motion carried. Mrs. Sorg-McManamon entertained questions about Committee notes and reported that the next Committee meeting is Monday, August 8, 2022 at 4:30 p.m. via Zoom. July 18, 2022 80 EMMAUS BOROUGH COUNCIL Progress. PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT Mr. Pepe reported that staff hired Caleb Snyder and Austin Lentz as lifeguards for the Emmaus Community Pool. Mr. Pepe stated that he will be on vacation until August 8, 2022 and will be traveling across the country. He stated that Mrs. Jarrett-Eaton will be available to sign documents in his absence and will be able to perform other administrative tasks. Progress. PRESIDENT’S BUSINESS Mr. Labenberg recessed the meeting at 8:42 p.m. for an Executive Session to discuss union negotiations with no action anticipated. Mr. Labenberg reconvened the meeting at 8:52 p.m. with no action necessary. Progress. ADJOURNMENT Motion by Mr. Hart, seconded by Ms. Baumgartner to adjourn the July 18, 2022 Emmaus Borough Council Meeting. There were 6 ayes. Motion carried. The meeting was adjourned at 8:52 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant July 25, 2022