Borough Council Meetings

September 6, 2022 89 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on September 6, 2022 in temporary Council Chambers, located at 420 S. 10th 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 – via Zoom John W. Hart 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 PERSONAL APPEALS, PART I A. Bob Simms, Daylily Drive, Emmaus – stated that he was taken to the hospital by an Emmaus Ambulance and received a bill for $1,013 for a 2 ½ mile ride. He stated that he submitted an insurance claim to his insurance, Tri-Care. He stated that the Borough of Emmaus does not accept Military Insurance. He asked if the Borough is aware about this. He explained that Tri-Care contacted someone at the Borough and received no cooperation on the matter. Mr. Pepe responded and stated that these statements are untrue, and that the Borough supports and appreciates all veterans. This is a matter of an insurance contract and nothing more. Mr. Pepe stated that he previously informed Mr. Simms of the Borough’s process and that we are looking further into the payment issue. B. Bob Ortiz, 1440 Shimerville Road – thanked the Borough for installing the autistic child signs on Shimerville Road. C. Gene Clock, Knauss Homestead – explained that the Knauss Homestead is interested in extending the fence at the Homestead. COMMUNITY MINUTE Mrs. Sorg-McManamon reminded everyone that the Farewell to Summer event, sponsored by the Emmaus Main Street Partners, and the Emmaus Heritage Alliance Heritage Festival will be held on Saturday, September 17, 2022 from 11:00 a.m. to 3:00 p.m. Mr. Anders reminded everyone that the St. Ann’s Fall Festival will be held on September 8 , 9 , and 10th. th th September 6, 2022 90 EMMAUS BOROUGH COUNCIL Ms. Baumgartner stated that the Borough was awarded a DCNR Grant in the amount of $318,400 to be used towards the rehabilitation of Lions Field. Ms. Baumgartner thanked Sara Jarrett-Eaton for writing and submitting the grant, Mr. Pepe for offering guidance and reviewing the grant, and the Parks & Recreation Committee for all of their hard work and effort during the Comprehensive Parks and Trails Study. She thanked Mr. Pepe for including Lions Field in the Master Plan and Borough Council for their support on funding the Study. Mr. Labenberg thanked Ms. Baumgartner for being the Chairwoman of the Parks and Recreation Committee and for her hard work. Mr. Pepe thanked Ms. Baumgartner for working tirelessly during the Study. SPECIAL PRESENTATIONS Mayor Gilbert issued the Oath of Office to Assistant EMS Chief, Adam Priest. Mr. Labenberg recessed the meeting at 7:20 p.m. for photos. Mr. Labenberg reconvened the meeting at 7:23 p.m. READING OF MINUTES Motion by Mrs. Sorg-McManamon, seconded by Mr. Hart to adopt the August 15, 2022 Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS – None. COMMUNICATIONS a. Meals on Wheels – Yearly financial contribution request. Mr. Labenberg stated that the item will be addressed during budget discussions. b. New Bethany Ministries – Funding request on behalf of Lehigh Valley Regional Homeless Advisory Board (LVRHAB). Mr. Labenberg stated that the item will be addressed during budget discussions. c. Letter of Notice for Retirement of Sally Hosfeld, EPD Administrative Assistant. Mr. Labenberg read the letter of retirement. Mr. Pepe expressed that Mrs. Hosfeld is the backbone of the Police Department. He stated that she went above and beyond the call of duty and will be difficult to replace. He stated that her dedication is unmatched. Mayor Gilbert stated that she will be missed and that she is a great employee. d. Bethesda Church Lehigh Valley – Triangle Park Event Request to be held on October 22, 2022 from 9:00 a.m. to 3:00 p.m. Mr. Labenberg referred the item to the Community Relations, Planning and Development Committee. e. Knauss Homestead – Harvest Festival Event Request to be held on October 22, 2022. Mr. Labenberg referred the item to the Community Relations, Planning and Development Committee. September 6, 2022 91 EMMAUS BOROUGH COUNCIL f. Don Nickerson – Resignation from Zoning Hearing Board. Mr. Labenberg stated that Mr. Nickerson volunteered to remain on the Zoning Hearing Board through the end of the year. g. Craig and Denise Knauss – Letter concerning Knauss Homestead political activity at Peach Festival. Mr. Labenberg explained that the matter has been addressed and will not happen again. h. Gene Clock, Knauss Homestead – Extension of Fence at Knauss Homestead. Mr. Labenberg stated that Mr. Clock addressed this during his Public Appeal. Mr. Labenberg referred the item to the Community Relations, Planning and Development Committee. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Progress. UNFINISHED BUSINESS, PART I – None. NEW BUSINESS Ordinance No. 1231 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 1, Adding Subsection 302 of the Code of Ordinances, Amending the Appointed Secretary of the Planning Commission (1st Reading 9/6/22) Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to adopt Ordinance No. 1231 - An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 1, Adding Subsection 302 of the Code of Ordinances, Amending the Appointed Secretary of the Planning Commission on its 1st Reading. Roll call vote: Ms. Baumgartner, aye; Mrs. Sorg-McManamon, aye; Mr. Anders, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. DeFrain, aye; Mr. Labenberg, aye. Motion carried. Mr. Pepe explained that it was the intent upon hiring the 2nd Code Official to move the process to the Zoning Department because they will be able to attend the Planning Commission meetings and add their expertise. Ordinance No. 1232 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §404.1 of the Codified Ordinances, Amending the School Bus Zone for Seven Generations Charter School (1st Reading 9/6/22). Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Ordinance No. 1232 - An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §404.1 of the Codified Ordinances, Amending the School Bus Zone for Seven Generations Charter School on its 1st Reading. Roll call vote: Ms. Baumgartner, aye; Mrs. September 6, 2022 92 EMMAUS BOROUGH COUNCIL Sorg-McManamon, aye; Mr. Anders, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. DeFrain, aye; Mr. Labenberg, aye. Motion carried. Mr. Hart explained that the Committee discussed the request and Sergeant Hamscher investigated the request. Sergeant Hamscher’s recommendation was for parking to remain on both sides of the street. Mr. Pepe discussed the parking issues during the 1st day of school. He stated that the Police Department will be monitoring the issues for the next several weeks. Mr. Labenberg stated that the 2nd Reading of Ordinance No. 1231 and 1232 will be held at the October 3, 2022 Council meeting. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert reported that the Police Department only has 7 crossing guards and is in desperate need of them. She urged interested individuals to reach out to the Police Department. Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Anders reported that there is nothing for official action. He stated that the key issue discussed at the Committee meeting was PFAS and urged Council to review the information presented. Mr. Pepe explained that there was a detailed discussion at the General Administration Committee meeting regarding the issue and his meeting with PA DEP. He stated that all options will be fully vetted before implementation. Mr. Anders reported that the next Committee meeting is Wednesday, September 21, 2022 at 4:00 p.m. via Zoom. Progress. b. Health, Sanitation, and Codes Committee Mr. Balliet stated that there is a lack of members on the Planning Commission and explained that there are times that it is difficult to reach a quorum. He added that at the Committee meeting it was discussed that 2 alternates could be appointed from Council to help with the issue. Mr. Pepe explained that the Pennsylvania Municipal Planning Code and the PA Borough Code allow for up to 2 elected officials to serve on the Planning Commission. Mr. Pepe September 6, 2022 93 EMMAUS BOROUGH COUNCIL explained why having a quorum is important to the planning process. Mr. Pepe suggested adding 2 Council members as alternates to the Planning Commission. Mr. Hart stated that he believes that appointing Council members as alternates should not deter the Borough from actively recruiting members for the Planning Commission. Mrs. Sorg-McManamon stated that she supports appointing 2 Council members as alternates to the Planning Commission. She also stated that she has a recommendation for an individual for the Planning Commission. Motion by Mr. Anders, seconded by Mr. Hart to appoint Mrs. Sorg-McManamon, and Mr. Balliet to serve as alternates to the Borough of Emmaus Planning Commission as needed for a quorum. There were 7 ayes. Motion carried. Resolution 2022-34 - Granting Conditional Approval and Waivers for Development 680 Ridge Street. Motion by Mr. Balliet, seconded by Mr. Hart to adopt Resolution 2022-34. There were 7 ayes. Motion carried. Mr. Pepe explained that the owner of the property obtained approval 15 years ago and the plans were recorded but he did not begin any work. Mr. Pepe explained that the zoning exceptions had expired, and the owner reobtained his approvals from the Zoning Hearing Board and went before the Planning Commission at the advice of the Solicitor. Mr. Balliet reported that the next Committee meeting is September 28, 2022 at 4:45 p.m. via Zoom. Progress. c. Parks and Recreation Committee Ms. Baumgartner reported that there are no items for official action tonight. Ms. Baumgartner reported that the Committee met prior to tonight’s meeting. She stated that the pool season went well, and a more detailed account of the season will be available at the next Committee meeting. She stated that the Summer Concert Series is ending, and it was successful. She also stated that the Recreation and Entertainment Commission has received some new membership and believes that there is a lot to look forward to from the Commission. She explained that the Parks and Recreation Committee will focus on the future of the open green spaces, trails, and pool at its upcoming meetings. Ms. Baumgartner reported that the next Committee meeting is Tuesday, October 4, 2022 at 4:45 p.m. via Zoom. Progress. September 6, 2022 94 EMMAUS BOROUGH COUNCIL d. Public Safety Committee Mr. Hart explained that the Committee discussed the Emergency Operations Plan with minor grammatical corrections. He stated that the plan was expanded to include pandemics and epidemics other than COVID. Motion by Mr. Hart, seconded by Mr. DeFrain to adopt the Emergency Operations Plan. There were 7 ayes. Motion carried. Mr. Hart explained that the Borough is interested in leasing parking spaces at the old Wells Fargo Bank parking lot located on Main Street. He explained that the property was bought by 7035 LLC and that the Borough was approached by the LLC to see if there was interest in leasing parking spaces. Mr. Hart stated that the spaces would cost $50.00 per month per space. Mr. Labenberg asked for clarification on the price per space. Mr. Anders stated that he will be voting against the motion because he believes the Borough has many needs and this is not a priority. Mr. Hart stated that he believes this is an opportunity that the Borough needs to take. Motion by Mr. Hart, seconded by Mr. DeFrain to authorize the Borough of Emmaus to enter into a Commercial Parking Lot Lease Agreement with 7035 LLC to lease parking spaces at 311 Main Street. There were 5 ayes, 2 opposed (Anders, Labenberg). Motion carried. Mr. Hart reported that the next Committee meeting is September 29, 2022, at 9:00 a.m. via Zoom. Progress. e. General Administration Committee Mr. Labenberg stated that there is no action needed tonight. Mr. Labenberg reported that the next Committee meeting is September 15, 2022 at 9:00 a.m. via Zoom. Progress. f. Budget & Finance Committee Mr. DeFrain reported that the Budget performance for August 2022 is in the iPads and entertained questions about it. Mr. Pepe stated that all costs are increasing, but the budgets are where they need to be. September 6, 2022 95 EMMAUS BOROUGH COUNCIL Resolution 2022-33 authorizing payment of the August 15, 2022, Bill List as follows: Bill List $ 892,914.72 Payroll #17 $ 184,261.40 Payroll Taxes $ 59,076.69 Total $ 1,136,252.81 Done this 6th day of September 2022. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2022-33. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about the Significant Revenue and Expense Items for August 2022 and the Committee meeting notes. He reported that the next Committee meeting is September 15, 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. Mrs. Sorg-McManamon stated that the Vison 2030 stakeholders’ presentation was held on September 1, 2022 via Zoom. She stated that there were approximately 30 individuals attending the meeting. She thanked Gwen Shields, Mayor Gilbert, and Mr. Gibson for their time and work on the event. She stated that there was very positive feedback on the presentation. She also stated that the recording of the presentation will be available at www.visitemmaus.com. Mrs. Sorg-McManamon reported that the Borough received a check in the amount of $2,000 from the Chamber Foundation for a matching grant for permanent benches at Triangle Park. Mrs. Sorg-McManamon entertained questions about Committee notes and reported that the next Committee meeting is Monday, September 12, 2022 at 4:30 p.m. via Zoom. Progress. PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT September 6, 2022 96 EMMAUS BOROUGH COUNCIL Mr. Pepe reported that Harry Huhn has completed his 1-year probationary period as a part-time Firefighter. He reported that the Borough hired John Costa as a part-time Public Works employee to work at the Borough’s Compost Site. He stated that Mr. Costa is a retired Public Works employee. Progress. PRESIDENT’S BUSINESS Mr. Labenberg recessed the meeting at 8:18 p.m. for an Executive Session to discuss union negotiations with no action anticipated. Mr. Labenberg reconvened the meeting at 9:07 p.m. with no action necessary. Progress. ADJOURNMENT Motion by Mr. Anders, seconded by Mr. Hart to adjourn the September 6, 2022 Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 9:07 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant September 9, 2022