Borough Council Meetings

May 15, 2023 64 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on May 15, 2023 at St. John’s UCC, located at 139 N 4th Street, Emmaus, PA 18049, via Zoom, and YouTube Live. CALL TO ORDER Mr. Labenberg called the meeting to order at 6:00 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 A. Jack Nonnemacher, 303 Franklin Street – voiced concern about students parking on Franklin Street and that he believes that the students will park as close to the high school as possible and walk. He stated that he drove by the high school several times and there were many open spaces in the parking lot. Mr. Labenberg responded that parking on school property needs to be addressed with the school board and that he believes the issues with parking will be ongoing. Mr. Nonnemacher asked why the students are not allowed to park on both sides of the street on North Street. Mr. Labenberg responded that parking is not allowed on North Street because it is a school zone. Mr. Nonnemacher stated that the timing of the yellow blinking “school” light is off. B. Jason Parrish, 723 Lawrence Drive – stated that he lives across the street from Laura Street Park. He stated that his family uses the park frequently and was very upset to see that the equipment was torn down. He asked if there are plans to replace the equipment at the park. Mr. Pepe thanked Mr. Parrish for expressing his concern. He explained that there was repeated vandalism at the park and when the Borough’s inspectors visited the park, it was determined that the equipment was unsafe. He explained that the replacement of the equipment was not budgeted for in the 2023 budget, but a recommendation will be made to Council for the 2024 budget. Mr. Parrish questioned why the residents were not made aware prior to the equipment being removed and when the equipment will be replaced. Mr. Pepe responded that removing the equipment was an emergency due to the equipment being unsafe. He also responded that Borough Council is committed to improving the Borough’s Parks and recently conducted a comprehensive park study. Ms. Baumgartner thanked Mr. Parrish for his email and stated that Mr. Pepe responded to Mr. Parrish’s concerns. She stated that she is the chairwoman of the Parks and Recreation Committee,  May 15, 2023 65 EMMAUS BOROUGH COUNCIL explained when the meetings are held, and invited Mr. Parrish to attend a meeting. She also stated that she will forward a copy of the comprehensive park study to Mr. Parrish. C. Ann Keller-Smith, 424 Keystone Avenue – thanked Council for all their hard work that they put into the PFAS issue. She asked for clarification on the options and stated that she is in favor of the full treatment system. Mr. Pepe responded that none of the options will remove 100% of PFAS, but the full treatment system will remove 99%. He explained that there are advantages to all three options. D. Sandy Boyer, 115 E. Elm Street – asked what happens to the backwash. Mr. Pepe responded that Lori Kappen, P.E. for Gannett Fleming is present via Zoom and introduced her. Ms. Kappen explained that there is limited backwash with the treatment system and the backwash is backwashed with water that has already had the PFAS removed. She stated that the contaminated substance is incinerated, and the incineration destroys the PFAS. E. Orpha Poupore, 951 Fernwood Street – stated that she advocates for cleaning our own wells and not outsourcing water. COMMUNITY MINUTE Mr. Anders reminded everyone that the PowerUp Community Event will be held on June 2, 2023 from 11:00 a.m. to 3:00 p.m. located at 100 Keystone Avenue. Mrs. Sorg-McManamon reminded everyone that the Community Yard Sale will be held on Saturday, June 3rd from 8:00 a.m. to 4:00 p. m. with a rain date of Sunday, June 4th. Ms. Baumgartner reminded everyone that tomorrow is Election Day and encouraged everyone to vote. She also reminded everyone that the Emmaus Community Pool will open soon and thanked Mrs. Jarrett-Eaton and Mrs. Reed for their hard work getting the pool ready to open and working with the Recreation and Entertainment Commission to plan many events. SPECIAL PRESENTATIONS Alan Sylvestre, Recreation and Entertainment Commission Chairman – Mr. Sylvestre explained that the Summer Concert Series will begin on Memorial Day weekend at Emmaus Community Park. He stated that the concerts are held on Sundays beginning at 6:00 p.m. He also stated that there will be several concerts held at Triangle Park on the 2nd Friday of the month during June, July, and August from 6:30 p.m. to 8:30 p.m. He stated that the Commission partnered with the pool and will be offering Flick N’ Floats which will be held in the pool. Mr. Labenberg asked where the information is available. Mr. Sylvestre responded that the information is available on the Borough’s website at www.emmauspa.gov, the Recreation and Entertainment Commission’s website at www.emmausent.com, and the Borough’s summer newsletter. Mr. Anders thanked Mr. Sylvestre for all of his hard work. READING OF MINUTES Motion by Mr. Hart, seconded by Mr. DeFrain to adopt the May 1, 2023 Council Minutes as drafted. There were 7 ayes. Motion carried.  May 15, 2023 66 EMMAUS BOROUGH COUNCIL DECISION ON BIDS Mr. Labenberg stated that the motion for the Franklin Street Sanitary Sewer Project will be held after the Executive Session. Mr. Pepe explained that there was some confusion with the Public Works Mack Dump Truck Lease bid, and it changed the recommendation of which bank the bid would be awarded to. He stated that Council needs to decide whether it is a 5- or 7-year lease and whether the Borough will make monthly or yearly payments. Mr. DeFrain explained the differences between the 5-year or 7-year lease and making monthly or yearly payments. He stated that his recommendation as chairman of the Budget and Finance Committee is to enter into a 5-year lease and make monthly payments. Motion by Mr. DeFrain, seconded by Mr. Hart to award the Public Works Mack Dump Truck Lease bid to Tax Exempt Leasing Corp. for 5 years at 4.98% interest with a monthly payment of $3,914.88. There were 7 ayes. Motion carried. Resolution 2023-19 - A Resolution Approving the Sale of a Wagon Trailer to Jeffrey Kratz. Motion by Mr. DeFrain, seconded by Ms. Baumgartner to adopt Resolution 2023- 19. There were 7 ayes. Motion carried. COMMUNICATIONS a. St. Ann’s Catholic Church, 415 S. 6th Street – Request to hold St. Ann’s Fall Fest on September 7, 2023 through September 9, 2023. Referred to staff. b. Police Officer Alfred Kloss – Letter of Intent to Retire. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to accept the resignation of Police Officer Alfred Kloss. There were 7 ayes. Motion carried. Mr. Pepe stated that staff will be hiring Police Officer Kloss as a part-time Police Officer. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Progress. UNFINISHED BUSINESS, PART I – None. NEW BUSINESS – None.  May 15, 2023 67 EMMAUS BOROUGH COUNCIL UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert read Proclamation 2023-561 proclaiming the week of May 21st through May 27th, 2023 as National Public Works Week, and called upon all citizens, business owners, and visitors to the community to recognize the substantial contributions of the Public Works Department in making a great community for all. Mayor Gilbert read Proclamation 2023-562 proclaiming May 29, 2023 as Memorial Day and asked that all the residents and friends of Emmaus join her in proudly displaying our Country’s flag and praying for peace forever throughout the world. Mayor Gilbert read Proclamation 2023-563 proclaiming the week of May 21st through May 27th as Emergency Medical Services Week with the theme, “EMS: Where Emergency Care Begins, “and encouraged the community to observe this week with appropriate programs ceremonies, and activities. Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Anders reported that there is nothing for official action tonight and the next Committee meeting is Wednesday, May 17, 2023 at 4:00 p.m. via Zoom. Progress. b. Health, Sanitation, and Codes Committee Mr. Balliet reported that there is one item for official action tonight. Mr. Balliet reported that the Committee recommends hiring Eric Fuhrmann as a full-time Codes Officer. He stated that Mr. Fuhrmann is a Master Code Inspector, and all the Borough’s inspections will be performed in house. Mr. Pepe stated that Mr. Fuhrmann has been a Code Official for a very long time and is very professional. He stated that he is one of 900 in the United States to be certified as a Master Code Inspector. Ms. Baumgartner asked to whom he would report. Mr. Pepe responded that he would report directly to him, and Mr. Fuhrmann will be the Department Head of the Codes Department.  May 15, 2023 68 EMMAUS BOROUGH COUNCIL Motion by Mr. Balliet, seconded by Mr. Anders to hire Eric Fuhrmann as a full-time Codes Office Manager with a salary of $90,000 contingent upon the successful completion of a background check. There were 7 ayes. Motion carried. Mr. Balliet reported that the next Committee meeting is Wednesday, May 31, 2023 at 4:45 p.m. via Zoom. Progress. c. Parks and Recreation Committee Ms. Baumgartner reported that there is nothing for official action and reported that the next Committee meeting is June 6, 2023 at 4:45 p.m. via Zoom. Progress. d. Public Safety Committee Mr. Hart reported that there are several items for action tonight. Mr. Hart explained that a board of examiners conducted an oral examination of Emmaus Deputy Chief of Police Bryan Hamscher on May 9, 2023. Mr. Hart reported that Deputy Chief Hamscher successfully completed the oral examination. Mr. Pepe stated that Deputy Chief Hamscher also passed his written examination. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to certify Deputy Chief Hamscher for Civil Service protection. There were 7 ayes. Motion carried. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to approve the Police pre- employment hiring testing vendors as follows: St. Luke’s Occupational Medicine and Concentra for physical examinations, St. Luke’s Occupational Medicine and Lehigh Valley Eye Care for vision examinations, and Otto Psychological and Gerald Bellettirie for psychological examinations. There were 7 ayes. Motion carried. Mr. Hart reported that Sergeant Kevin Schmidt will reach the end of his one-year probation on Tuesday, May 16, 2023. In his memorandum, dated May 3, 2023, Chief of Police Apgar recommended that Sergeant Schmidt be granted permanent status as Sergeant in the Emmaus Police Department. He further stated that Sergeant Schmidt has performed his duties well over the last year and has demonstrated excellent leadership skills. Motion by Mr. Hart, seconded by Mr. Balliet to retain Sergeant Kevin Schmidt as Sergeant in the Emmaus Police Department based on the successful completion of his 1-year probationary period. There were 7 ayes. Motion carried.  May 15, 2023 69 EMMAUS BOROUGH COUNCIL Mr. Hart reported that there are 3 quarterly reports included in the packets for Council’s review and that the next Committee meeting is Thursday, May 25, 2023 at 9:00 a.m. via Zoom. Progress. e. General Administration Committee Mr. Labenberg reported that at the last council meeting, Gannett Fleming presented three possible remediation procedures for the PFAS issue and tonight Council will decide on which option the Borough will use. He stated that the options include the treatment at all wells, the alternative purchase of bulk water supply, and a hybrid method – a treatment of wells and purchase of bulk water supply. He explained that tonight is to decide only which option to choose. Mr. Pepe stated that tonight is to only to choose which option as the Borough engineer must perform many engineering studies. Mr. Hart discussed the three options and stated that he believes treating all wells is the best option. Mr. DeFrain thanked the residents for attending the previous council meeting and tonight’s council meeting and for offering input into the decision. Ms. Baumgartner thanked the residents for attending the public meeting and tonight’s council meeting and for voicing their concerns and asking questions. She encouraged them to continue to take part in the community. Mr. Labenberg thanked the committee, Mr. Pepe, and Mrs. Jarrett-Eaton for their hard work on this issue. He also thanked the community for their input into the decision. Motion by Mr. DeFrain, seconded by Ms. Baumgartner to approve the option to treat all of the Borough wells. There were 7 ayes. Motion carried. Mr. Pepe stated that the next step will be to begin the engineering studies, the permit process, and the grant process. Mr. Labenberg reported that the Borough continues to work on the Comcast Franchise Agreement and the Committee will make a recommendation shortly. Solicitor Ulrich stated that he has been speaking with a Comcast representative and suggested that if the Borough does enter into Agreement with Comcast, it should be conditional upon his final review of the contract. Mr. Labenberg reported that the next Committee meeting is scheduled for Thursday, May 18, 2023 at 9:00 a.m. Progress. f. Budget & Finance Committee Resolution 2023-18 authorizing payment of the May 15, 2023 bill list as follows:  May 15, 2023 70 EMMAUS BOROUGH COUNCIL Bill List $ 742,514.38 Payroll #9 $ 183,386.52 Payroll Taxes $ 60,398.68 Total $ 986,299.58 Done this 15th day of May 2023. Motion by Mr. DeFrain, seconded by Mr. Balliet to adopt Resolution 2023-18. There were 7 ayes. Motion carried. Mr. DeFrain reported that the Budget and Finance Committee and most of the members of the Pension Board interviewed 5 firms earlier in the day for Police and Non-Uniform Pension Advisors. Mr. Labenberg thanked everyone that was involved in the interview process. Motion by Mr. DeFrain seconded by Mr. Hart to appoint Conrad Siegel as the Police and Non-Uniform Pension Advisors. There were 7 ayes. Motion carried. Motion by Mr. DeFrain, seconded by Mr. Hart to hire Englebert Financial Advisors, LLC to manage the 401A Plan. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about the Significant Revenue and Expense Items for the 1st half of May. He reported the next Committee meeting will be held on Thursday, May 18, 2023 at 11:00 a.m. Progress. g. Community Relations, Planning and Development Committee Mrs. Sorg-McManamon reported that there is nothing for official action tonight. She reported that the next Committee meeting is Monday, May 22, 2023 at 4:30 p.m. via Zoom. Progress. PERSONAL APPEALS, PART II A. Diane Wirth, 224 S. 2nd Street – asked Council to clarify which option was chosen for the remediation process for PFAS. Mr. Labenberg responded that Council voted to treat all the wells. B. Jessica Jacobs, 221 S. 2nd Street - asked if there is a timeframe for the PFAS remediation. Mr. Pepe responded that the timeline is approximately 2 years. Mrs. Jacobs asked if the Borough would reimburse the residents for using bottled water. Mr. Pepe responded that the Borough will not reimburse the residents for using bottled water, as we would have to charge the residents anyway. Mr. Labenberg recommended a reverse osmosis filter.  May 15, 2023 71 EMMAUS BOROUGH COUNCIL BOROUGH MANAGER’S REPORT Mr. Pepe reported that Joshua Schmale has completed all the required training for promotion from Firefighter 1/EMT to Firefighter 2/EMT. Motion by Mr. Balliet, seconded by Mr. Anders to promote Joshua Schmale to Firefighter 2/EMT. There were 7 ayes. Motion carried. Mr. Pepe reported that staff hired Savannah Smoyer as a lifeguard contingent upon the successful completion of Lifeguard Training and Red Cross Lifeguard Certification. He also reported that staff hired Joshua Green as FF2/EMT and Robert Lewullis as FF1/EMT. He stated that both are extremely qualified, are veterans, and are full-time professional firefighters in other communities. He stated that Joshua Green is a full-time firefighter for the City of Reading and Robert Lewullis is a full-time firefighter for Wilson Borough. Mr. Pepe reported that he hired Debra Hoffman as a Paratransit Driver. He stated that her background is in the skilled healthcare profession, and she is very qualified for the position. Progress. PRESIDENT’S BUSINESS Mr. Labenberg encouraged everyone to vote on Tuesday. Mr. Labenberg recessed the meeting at 7:09 p.m. for an Executive Session to discuss a legal issue regarding a possible deficiency in bidding and a personnel issue in the Public Works Department with action anticipated. Mr. Labenberg reconvened the meeting at 7:43 p.m. with action necessary. Motion by Mr. Hart, seconded by Mr. Anders to grant the Franklin Street Sanitary Sewer Reconstruction Project Bid to Ankiewicz Enterprises in the amount of $182,715.00 contingent upon the Borough Engineer overseeing the project. There were 7 ayes. Motion carried.  May 15, 2023 72 EMMAUS BOROUGH COUNCIL ADJOURNMENT Motion by Mr. Balliet, seconded by Mr. DeFrain to adjourn the May 15, 2023 Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 7:44 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant May 17, 2023