Borough Council Meetings

June 19, 2023 73 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on June 19, 2023 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 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. Debra Brady, 525 Chestnut Street – voiced concern about the condition of her neighbor’s property located at 523 Chestnut Street. She stated that the issues at the property have been going on for years. She explained that she would like to have maintenance done on her property and does not believe that she can safely gain access due to high grass issues, trash, feces, and standing water. She asked what can be done to resolve the issues. Mr. Pepe responded that the Borough is proceeding through the legal process. Solicitor Ulrich explained that there are certain legal obligations under the Municipal Code and the Borough’s Ordinances that must be followed, and the Borough is going through every legal process possible to have the issues resolved. Mrs. Brady stated that this answer is of no help to her. Mr. Pepe explained that the process is a slow process, and the Borough must go through the legal process. B. Janet Latshaw, 1378 Shimerville Road – asked Council if they received her email concerning the pool and stated that she did not receive a response. Mr. Pepe stated that he responded to her and encouraged her to check her junk mail for the response. He stated that he is meeting with the pool manager to discuss her concern. Mrs. Latshaw asked if there is a discount to enter the pool after 7:00 p.m. Mr. Pepe responded that he believes there is but will verify this. C. Cyndi Stahl, 229 S. 15th Street – stated that the music at the pavilions at Community Park is very loud and all you hear is the bass. She questioned why the music is so loud. Mr. Pepe responded that he agrees with her and has had a recent experience with this. Solicitor Ulrich encouraged her to call the police. She responded that she has called the police many times. Mr. Labenberg referred the matter to the Parks and Recreation Committee.  June 19, 2023 74 EMMAUS BOROUGH COUNCIL D. Michelle Constantini, 134 Colonial Court – voiced concern about the geoengineering in the sky and planes leaving pollution in the sky. Solicitor Ulrich responded that air traffic is regulated by the FAA. E. Veronica Haberstumpf, 728 Chestnut Street – stated that she is against the idea of a “quiet zone” for trains. COMMUNITY MINUTE Mrs. Sorg-McManamon thanked the Emmaus Main Street Partners for hosting Plant Something Day. She stated that there was a large group that planted flowers in the downtown area. Mr. Anders reminded everyone that Tunes in the Triangle returns on Friday, June 23, 2023 from 6:30 p.m. to 8:30 p.m. Mr. Pepe stated that the Castaway Band will be playing. Mr. Labenberg stated that John Gould, Jr. recently passed away. He stated that Mr. Gould had a huge impact on the downtown area with Gould’s Pharmacy. SPECIAL PRESENTATIONS – None. READING OF MINUTES Motion by Mr. Hart, seconded by Mr. DeFrain to adopt the May 15, 2023 Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS Mr. Labenberg stated that the CDBG curb and sidewalk bid opening was held with staff recommending awarding the bid to Zgura Concrete based on individual line items. Motion by Ms. Baumgartner, seconded by Mr. Anders to award the CDBG curb and sidewalk bid to Zgura Concrete based on individual line items. There were 7 ayes. Motion carried. COMMUNICATIONS a. Anne Zayaitz, East Penn Neighbors Helping Neighbors – Letter of thanks for Volunteer of the Year Award and appreciation of the Borough’s support of the organization. b. Evely Keogh – Resignation from the Emmaus Fire Department. c. Commercial businesses – Request for disabled parking on S. 4th Street – Mr. Labenberg referred the item to the Public Safety Committee. d. Julie Gualano, 414 Keystone Ave – Request for disabled parking. Mr. Labenberg stated that the initial request was denied. Mr. Pepe responded that more information was needed on the application. Mr. Labenberg referred the item to the Public Safety Committee.  June 19, 2023 75 EMMAUS BOROUGH COUNCIL BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Progress. UNFINISHED BUSINESS, PART I Ordinance No. 1244 – An Ordinance Establishing Rules and Regulations for the Sale and Use of Consumer Fireworks Within the Borough of Emmaus (1st Reading 5/1/23) (2nd Reading 6/19/23). Mr. Labenberg explained that the 1st Reading was held at the May 1, 2023 Council meeting. Motion by Mr. Hart, seconded by Mr. Balliet to adopt Ordinance No. 1244 - An Ordinance Establishing Rules and Regulations for the Sale and Use of Consumer Fireworks 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. Mr. Hart suggested that the Borough issue communication to the entire Borough on the change. Mr. Labenberg suggested an auto dial announcement and a newsletter article. NEW BUSINESS – None. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert stated she is still in the planning stages for the Emmaus Police Department’s National Night Out which will be held on August 1, 2023 from 6:00 p.m. to 8:00 p.m. She explained that she is looking for one more volunteer for the dunk tank. Mr. Balliet replied that he is unavailable. Progress. COMMITTEE REPORTS  June 19, 2023 76 EMMAUS BOROUGH COUNCIL a. Public Works Committee Mr. Anders stated that there is one item for official action tonight and asked Mr. Pepe if he would speak to the item. Mr. Pepe explained that the Borough will accept bids for a Road Reclamation Project and believes that the Reclamation is very budget friendly. Mr. DeFrain clarified that this is a result of the roads tax that was implemented in 2023. Mr. Pepe explained that a large portion of this tax will be used for the project. Mr. Labenberg explained that the Borough hired a company to perform a road survey and the worst roads are being addressed first. Mr. Pepe clarified that the Borough is repairing the worst roads that can be repaired through the Road Reclamation Project, but the worst roads that need total reconstruction are very expensive to repair and will not be included in the project. Motion by Mr. Anders, seconded by Mrs. Sorg-McManamon to approve the Road Reclamation Project and to advertise for bids. There were 7 ayes. Motion carried. Mr. Anders entertained questions about the May 17, 2023 Committee notes. He stated that the next meeting scheduled for June 21, 2023 may be canceled. Progress. b. Health, Sanitation, and Codes Committee Resolution 2023-20 – A Resolution Conditionally Approving the Revised Preliminary/Final Land Development Plan for Wesley Works Properties, LLC (Parkside at North Street). Solicitor Ulrich explained that the Resolution is for approval to change a proposed four- unit apartment building to a four-unit town house. The developer, Wesley Barrett, explained that the change is in text only as the plan does not change at all. Solicitor Ulrich stated that there is no change, the plan remains the same, and the Planning Commission recommended the change at its June 8, 2023 meeting. Motion by Mr. Balliet, seconded by Mr. Anders to adopt Resolution 2023-20. There were 7 ayes. Motion carried. Mr. Balliet reported that Mr. Barrett is requesting a waiver to Zoning Ordinance Sections 304.2 (B) and (C), and 304.3 (B) and (C) on the grounds that no new planning issues are presented by the revised plan for 135 N. 6th Street and 560 Long Street. Motion by Mr. Balliet, seconded by Mrs. Sorg-McManamon to grant the waiver request for Parkside at North Street to Zoning Ordinance Sections 304.2 (B) and (C), and 304.3 (B) and (C) on the grounds that no new planning issues are presented by the revised plan for 135 N. 6th Street and 560 Long Street. There were 7 ayes. Motion carried.  June 19, 2023 77 EMMAUS BOROUGH COUNCIL Mr. Balliet reported that the next Committee meeting is Wednesday, June 28, 2023 at 4:45 p.m. via Zoom. Mr. Balliet reported that Mr. Reed obtained his BCO and the new Codes Director, Eric Furhmann, has started and is doing well. Progress. c. Parks and Recreation Committee Ms. Baumgartner reported that there are several items for official action tonight. She stated that Rosalie Sell has requested permission to place a fairy trail along the Homestead Loop of the South Mountain Trail near the Compost Site. She explained that Ms. Sell would build tiny fairy houses, would install them, and would maintain them. Ms. Baumgartner stated that Ms. Sell is present at the meeting to answer any questions about the project. Mr. Labenberg responded that he will be voting against the motion because he is on the trail constantly and everything that is placed on the trail is destroyed. He suggested placing the fairy trail at Emmaus Community Park, near the bridge on the walking path. He asked Ms. Sell if she would object if the Committee could discuss and recommend the location instead. Ms. Baumgartner asked if there are any other objections to the proposed location. Mrs. Sorg-McManamon stated that she is also concerned about the fairy trail being destroyed and suggested a different location. Mr. Pepe stated that he expressed concerns about the location. He explained that the Borough is placing cameras at the Compost Site due to vandalism issues. Ms. Sell explained that the houses will be hidden in the trail. Mr. Labenberg wished Ms. Sell good luck with her project. Motion by Ms. Baumgartner, seconded by Mr. Anders to grant Ms. Sell’s request to place a fairy trail along the Homestead Loop of the South Mountain Trail near the Compost Site. There were 6 ayes, 1 opposed (Labenberg). Motion carried. Mr. Pepe explained that the Borough has money remaining from the park and recreation fees allocated from the Phoebe project to install pickleball courts at Furnace Dam. He stated that the Borough has already purchased the lights and will buy the material. Mr. Pepe stated that the Borough was going to install two side-by-side courts with fencing. He explained that the blacktop company will charge approximately $25,000 in labor and equipment for an entire day of paving. He asked Council if the Borough must pay for an entire day of paving, should a paving base be laid at Community Park in the open area between the volleyball court and the Arts Pavilion for future pickleball courts? He stated that it would cost $8,000 extra in materials to lay the base. Mr. Labenberg asked if the surface will be green like a tennis court. Mr. Pepe responded that there are two types of bases, and the bases will be macadam with a tennis court paint that is easier to maintain. Mr. Labenberg asked if the court is fenced in. Mr. Pepe responded that the courts at Furnace Dam will be fenced in, but the bases at Community Park have not been budgeted for and it will only be the pavement base. Mr. DeFrain asked if the $28,000 will be funded by the Public Works line item. Mr. Pepe responded affirmatively.  June 19, 2023 78 EMMAUS BOROUGH COUNCIL Motion by Ms. Baumgartner, seconded by Mrs. Sorg-McManamon to approve the paving to place Pickleball Courts at Furnace Dam and the pavement bases at Community Park. There were 7 ayes. Motion carried. Ms. Baumgartner reported that the Parks and Facility Director position was budgeted for in 2023 and a job description has been created and a motion is required to approve the job description. Motion by Ms. Baumgartner, seconded by Mr. Balliet to approve the Borough’s Parks and Facility Director job description and to advertise the position. There were 7 ayes. Motion carried. Mr. Anders thanked Mr. Pepe, Ms. Jarrett-Eaton, and Ms. Baumgartner for their hard work on creating the job description for the position. Ms. Baumgartner reported that the Emmaus Youth Association has requested to place a pole building at the S. 4th Street fields for the storage of equipment. Motion by Ms. Baumgartner, seconded by Mr. Anders to grant the Emmaus Youth Association’s request to place a pole building at the S. 4th Street field contingent upon approval and compliance with all Codes and Zoning requirements and the Borough Manager agreeing on the location. There were 7 ayes. Motion carried. Ms. Baumgartner reported that the next Committee meeting will be held on Wednesday, July 5, 2023 at 4:45 p.m. She explained that the meetings are usually held on Tuesdays, but due to the July 4th holiday, this meeting will be held on Wednesday. Progress. d. Public Safety Committee Mr. Hart reported that there are several items for action tonight. Mr. Hart reported that the Committee recommends hiring Laurie Barry as a full-time Paramedic and to fund Paramedic schooling for Ms. Barry with the condition that she remains employed by the Borough for 3 years. Motion by Mr. Hart, seconded by Mr. DeFrain to hire Laurie Barry as a full-time Paramedic and to fund Paramedic schooling with the condition that Ms. Barry remains employed by the Borough for 3 years. There were 7 ayes. Motion carried. Mr. Hart reported that two of the narrower streets in the Borough, Stephens, and Pike Streets, present an issue for delivery trucks to make turns and are causing property damage to an  June 19, 2023 79 EMMAUS BOROUGH COUNCIL individual home. The Committee recommends adding a sign at the intersection of Stephen and Pike Street stating, “no right turns for trucks.” Motion by Mr. Hart, seconded by Mr. DeFrain to add a “no right turns for trucks” at the intersection of Stephen and Pike Street. There were 7 ayes. Motion carried. Mr. Hart reported that there were several requests to establish a “quiet zone” for trains in the Borough. He explained that the Borough conducted a survey, and the response was outstanding. Mr. Pepe shared the results of the survey and stated that to be considered statistically accurate, 5% must respond to the survey. He explained that given the Borough’s demographics of approximately 11,400 people, a statistically accurate survey of 5% would be 570 respondents. Mr. Pepe stated that 1,048 individuals responded with 966 residing in the Borough. He stated that the survey ended if the individual was not a Borough resident. He explained that Survey Monkey tracks the IP address, so an individual could not fill out the survey twice from the same computer. He stated that the survey averaged about 1 minute and 36 seconds to complete and 64% of the respondents lived in the Borough for more than 10 years. He explained that the majority of the respondents live within 5 blocks of the tracks and 120 respondents were not aware that there were railroad tracks in the Borough when they moved here. An average score of 3.4 was received for trains being acceptable/compatible with their lives and 68% of the respondents stated that they are not interested in establishing a quiet zone in the Borough. The survey ended if the respondent answered that they were not interested. 32% (299 respondents) were in favor of a quiet zone. Mr. Pepe explained that Norfolk Southern informed the Borough that the overall cost to establish a quiet zone would be between $1.9 million and $2.3 million for the six intersections, with the cost being absorbed by the Borough residents. 44% (165 respondents) responded that they were still interested in a quiet zone. Of the remaining 165 respondents, when asked if they’d be willing to pay a tax burden, 88% (146) responded “yes”. The remaining 19 answered “no” and ended the survey. When asked if they’d be willing to pay between $274 and $350 extra in taxes, 98% (142) responded “yes.” Of the remaining 142, there were 141 that stated that they’d be willing to pay the yearly maintenance cost in taxes. Mr. Pepe explained that almost 100% of the remaining respondents stated that they would be willing to pay a yearly maintenance cost in taxes. He stated that overall, out of the 966 residents that answered the survey, 142 (14.7%) responded that they’d pay the tax to establish a quiet zone, while 85% were not in favor. He explained that the results are statistically reflective of the community as a whole. Mr. Hart stated that he believes $2 million dollars could be better spent on more important issues in the Borough, such as improvements to roads in the Borough and the sewer and water issues. He also stated that the Borough did not create this issue and suggested a writing campaign to Norfolk Southern to change the issue. Mr. Balliet stated that the request for the train survey was received from multiple Borough residents. Mr. Pepe stated that this is the second time in 11 years that he has dealt with the train noise issue and asked Council if they are interested in moving further with the issue. Council responded that they were not. Mr. Hart entertained questions about the Committee notes and stated that the June meeting will be cancelled, and next meeting is scheduled for July 27, 2023 via Zoom.  June 19, 2023 80 EMMAUS BOROUGH COUNCIL Progress. e. General Administration Committee Mr. Labenberg reported that there is one item for official action and asked Mr. Pepe and Solicitor Ulrich to discuss the Comcast Franchise Agreement. Solicitor Urich explained that he has been working on a Comcast Franchise Agreement for many months. Solicitor Ulrich discussed the Agreement and stated that the Agreement is a standard Agreement and Comcast is not willing to greatly modify the Agreement. He stated that Comcast will follow the Borough’s Ordinance in reference to Section 3 of the Agreement. Mr. Pepe clarified that the Agreement is for cable only. Solicitor Ulrich stated that Council could approve the Comcast Franchise Agreement first and then approve the Memorandum of Understanding conditional upon Comcast accepting the Agreement for 4 years from the date of service start. Mr. Labenberg stated that he will be voting against the motion. Motion by Mr. Hart, seconded by Mr. Anders to approve the Comcast Franchise Agreement first and then approve the Memorandum of Understanding conditional upon Comcast accepting the Agreement for 4 years from the date of service start. Solicitor Ulrich suggested amending the motion to vote on the Memorandum of Understanding first and then the Agreement. Mr. Hart stated that he will amend his motion and Mr. Anders stated that he will amend his second. Mr. Hart stated that he believes the Borough should vote on the Agreement first. Mr. Pepe clarified that the Memorandum of Understanding includes the internet from the date of service start. Motion by Mr. Hart, seconded by Mr. Anders to approve the Memorandum of Understanding between the Borough of Emmaus and Comcast. There was 1 aye (Hart), 6 opposed (Sorg-McManamon, Baumgartner, Anders, Balliet, DeFrain, Labenberg). Motion denied. Motion by Mr. Balliet, seconded by Mr. DeFrain to table the item. There were 6 ayes (Sorg-McManamon, Baumgartner, Anders, Balliet, DeFrain, Labenberg), 1 opposed (Hart). Motion carried. Mr. Labenberg referred the item to the General Administration Committee. Mr. Labenberg entertained questions on 3 sets of Committee notes and reported that the next Committee meeting will be held on Thursday, July 6, 2023 at 9:00 a.m. Progress.  June 19, 2023 81 EMMAUS BOROUGH COUNCIL f. Budget & Finance Committee Resolution 2023-21 authorizing payment of the June 19, 2023 bill list as follows: Bill List $ 1,793,766.32 Payroll #10, #11 & #12 $ 598,915.71 Payroll Taxes $ 204,545.38 Total $ 2,597,227.41 Done this 19th day of June 2023. Motion by Mr. DeFrain, seconded by Mr. Balliet to adopt Resolution 2023-21. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about the Significant Revenue and Expense Items for May 2023. Mr. DeFrain explained that the water service truck was supposed to be delivered last year and will finally be delivered and the Borough has $61,276 in the Debt Service account because the purchase of the ambulance is pushed back until at least December. Mr. Pepe suggested using $39,800 of the money to purchase the water truck rather than financing the truck for two years and the Committee agreed. Motion by Mr. DeFrain seconded by Mr. Hart to transfer funds in the amount of $39,800 from the Debt Service Account to the Water Fund. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about 3 sets of Committee notes and the Budget Performance Report. He reported the next Committee meeting will be held on Thursday, July 6 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 entertained questions about the Committee notes. She highlighted some of the items the Committee is working on including, the tables at Triangle Park, the Vision 2030 plan, and working with the Emmaus Main Street Partners to submit a grant application for trash receptacles for downtown. She reported that the next Committee meeting is Monday, June 26 at 4:30 p.m. via Zoom. Progress.  June 19, 2023 82 EMMAUS BOROUGH COUNCIL PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT Mr. Pepe reported that staff has hired Wyatt Steiner as a part-time seasonal park employee. He also reported that staff has hired Robert Bellone as a part-time paramedic. Mr. Pepe thanked Council for their hard work and time committed to the ongoing projects and issues. Mr. Labenberg asked Mr. Pepe for an update on Borough Hall renovations. Mr. Pepe provided a building update. Progress. PRESIDENT’S BUSINESS Mr. Labenberg stated that June 22nd is his favorite day of the year, and the longest day of the year and December 22nd is his 2nd favorite day of the year because the days start getting longer. ADJOURNMENT Motion by Mr. Hart, seconded by Mr. Balliet to adjourn the June 19, 2023 Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 7:42 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant July 6, 2023