Borough Council Meetings

July 17, 2023 83 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on July 17, 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 Absent 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 reminded everyone that the Founders Day event in Emmaus will be held on July 29, 2023 in the fellowship room at the Moravian Church. She stated that tickets are $20.00, and the money raised will benefit the 1803 House and the Knauss Homestead. Mr. Anders stated that the Emmaus Youth Association is currently holding signups for fall sports. He encouraged everyone to visit the EYA website at www.eya.org for more information or to sign up. He also stated that EYA will host a wiffle ball tournament as a fundraiser. SPECIAL PRESENTATIONS – None. READING OF MINUTES Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to adopt the June 19, 2023 Council Minutes as drafted. There were 6 ayes. Motion carried. DECISION ON BIDS Mr. Labenberg stated that two bids were received for Janitorial Services. He stated that staff recommends awarding the bid to Executive Building Services under Option 2A for a 3-year contract with an option of 3, 1-year extensions.  July 17, 2023 84 EMMAUS BOROUGH COUNCIL Motion by Mr. Balliet, seconded by Mr. DeFrain to award the Janitorial Bid to Executive Building Services under Option 2A for a 3-year contract with an option of 3, 1- year extensions. There were 6 ayes. Motion carried. Motion by Mr. DeFrain, seconded by Mr. Anders to award the Bituminous Seal Coating Bid to Asphalt Maintenance Solutions LLC in the amount of $23,650.00. There were 6 ayes. Motion carried. COMMUNICATIONS a. Fifth Street Cross Event Request – Mayor Gilbert noted that there was no insurance attached to the request. Motion by Mrs. Sorg-McManamon, seconded by Mr. Anders to grant the Long Tail Creative LLC’s request to hold the Fifth Street Cross contingent upon proof of insurance. There were 6 ayes. Motion carried. b. Fernwood Street Block Party Street Closure Request – Mr. Labenberg referred the item to Mayor Gilbert. c. Rebecca Straus, Beverly Springer – Letter of Resignation from the Shade Tree Commission. Mr. Labenberg explained that due to quorum requirements, there are not enough members to hold meetings. He stated that the Health, Sanitation, and Codes Committee will be discussing solutions for this issue. Mr. Hart asked who will handle shade tree issues in the interim. Mr. Pepe responded that the enforcement would fall under the Codes Department. He explained that the Borough is working on an Ordinance to either eliminate the Shade Tree Commission or clarify the role that the Codes Department will take in enforcing the Shade Tree Ordinance. He further explained that the issue has been enforcement of the Ordinance. He stated that it is difficult because a certified arborist must make the decision of whether a shade tree needs to be removed or not. Mr. Labenberg stated that the Codes Department already enforces weeds and grass, and it makes sense for the department to enforce the Shade Tree Ordinance. d. 1803 House – Passport to History Event to be held on Saturday, July 22nd and Sunday, July 23rd from 10:00 a.m. to 3:00 p.m. Mr. Labenberg referred the item to staff. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Progress. UNFINISHED BUSINESS, PART I – None.  July 17, 2023 85 EMMAUS BOROUGH COUNCIL NEW BUSINESS Ordinance No. 1245 – An Ordinance Establishing Floodplain Areas in the Emmaus Borough, Lehigh County, Pennsylvania; Regulation Uses, Activities and Development; Establishing Prohibited Activities and Development; Providing for Permits, Regulations, Fees, and Penalties for Violations (1st Reading 7/17/23). Mr. Pepe explained that floodplain used to fall under Chapter 27- Zoning of the Borough Ordinance and the new Zoning Ordinance does not include floodplain. He stated that he asked the Borough’s engineer to draft the Ordinance. Mr. Labenberg stated that the item was referred to the Health, Sanitation and Codes Committee. Mr. Balliet stated that the Committee discussed the item many times and the Committee recommends adopting the Ordinance. Mr. Labenberg asked what affect the Ordinance will have on future construction. Mr. Pepe responded that the Ordinance does not change who is and who isn’t located in a flood zone, it regulates what you can and can not do in a floodplain. He explained that the Ordinance follows generally accepted practices with PEMA and FEMA as well as recommendations from the LVPC, and it generally keeps construction requirements similar to the prior provisions. Motion by Mr. DeFrain, seconded by Mr. Anders to adopt Ordinance No. 1245 – An Ordinance Establishing Floodplain Areas in the Emmaus Borough, Lehigh County, Pennsylvania; Regulation Uses, Activities and Development; Establishing Prohibited Activities and Development; Providing for Permits, Regulations, Fees, and Penalties for Violations on its 1st Reading. Mr. Hart stated that the Committee discussed a list of hazardous materials and believes that the list in the Ordinance is not totally inclusive. Mr. Pepe suggested amending the motion to reflect as per the direction of the Health, Sanitation and Codes Committee notes. Mr. DeFrain amended his motion and Mr. Anders amended his 2nd. Motion by Mr. DeFrain, seconded by Mr. Anders to adopt Ordinance No. 1245 – An Ordinance Establishing Floodplain Areas in the Emmaus Borough, Lehigh County, Pennsylvania; Regulation Uses, Activities and Development; Establishing Prohibited Activities and Development; Providing for Permits, Regulations, Fees, and Penalties for Violations contingent upon the direction of the Health, Sanitation and Codes Committee notes on its 1st Reading. Roll call vote: Mrs. Sorg-McManamon, aye; Mr. Anders, aye; Mr. DeFrain, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. Labenberg, aye. There were 6 ayes. Motion carried. Mr. Labenberg stated that the 2nd reading of Ordinance No. 1245 will be held at the August 21, 2023 Council meeting. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None.  July 17, 2023 86 EMMAUS BOROUGH COUNCIL MAYOR’S REPORT Mayor Gilbert read Proclamation 2023-56, Founder’s Day, proclaiming July 30th of each year as 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 which we enjoy and govern. Mayor Gilbert reminded everyone that Tuesday, August 1, 2023 is the Emmaus Police Department Family Fun Night in conjunction with National Night Out. She thanked Ms. Palinski for her help with the flyer. She also stated that trick-or-treat will be held on Friday, October 27, 2023 from 6:00 p.m. to 8:00 p.m. Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Anders stated that there is nothing for official action tonight and the next Committee meeting is Wednesday, July 19, 2023 at 4:00 p.m. via Zoom. Progress. b. Health, Sanitation, and Codes Committee Mr. Balliet explained that the Emmaus Commerce Center has requested a security reduction and the Borough Engineer has recommended the release of $74,894.62. Motion by Mr. Balliet, seconded by Mr. Hart to grant the Emmaus Commerce Centers request for a security reduction in the amount of $74,894.62. There were 6 ayes. Motion carried. Mr. Balliet reported that the next Committee meeting is Wednesday, July 26, 2023 at 4:45 p.m. via Zoom. Progress. c. Parks and Recreation Committee Mr. Balliet reported that the Committee met on July 5, 2023. He stated that the Committee received an application from Justin Fulmer requesting appointment to the Recreation and Entertainment Commission.  July 17, 2023 87 EMMAUS BOROUGH COUNCIL Motion by Mr. Balliet, seconded by Mr. Hart to appoint Justin Fulmer to the Recreation and Entertainment Commission to a term expiring 6/7/2026. There were 6 ayes. Motion carried. Mr. Balliet reported that the next Committee meeting will be held on Tuesday, August 1, 2023 at 4:45 p.m. via Zoom. Progress. d. Public Safety Committee Mr. Hart reported that the next Committee meeting is scheduled for July 27, 2023 at 9:00 a.m. via Zoom. Progress. e. General Administration Committee Mr. Labenberg reported that the Borough received a quote from TDS Technologies in the amount of $5,585.00 for the purchase of security cameras for the public parking lot on Main Street. Mr. Anders asked if the cameras will be monitored at the Police Station. Mr. Pepe responded affirmatively. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to approve the quote from TDS Technologies to purchase security cameras for the public parking lot located at 311 Main Street, in the amount of $5,585.00. There were 6 ayes. Motion carried. Solicitor Ulrich stated that Mr. Jeter is present from Comcast. He explained that according to the Memorandum of Understanding, Comcast will provide internet service for a period of 3 years from the date of activation. Solicitor Ulrich explained that there have been no changes to the Franchise Agreement. He stated that Comcast has agreed to follow the Borough’s Ordinance for street restoration. He also stated that Comcast has indicated that they will provide monetary support to the Emmaus Community Foundation. Mr. Pepe stated that the addresses in Exhibit A are incorrect. Mr. Jeter responded that the addresses will be corrected. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to approve the amended Memorandum of Understanding between the Borough of Emmaus and Comcast of Southeast Pennsylvania, LLC. There were 6 ayes. Motion carried. Motion by Mr. Balliet, seconded by Mr. DeFrain to enter into a Franchise Agreement with Comcast of Southeast Pennsylvania, LLC. There were 6 ayes. Motion carried.  July 17, 2023 88 EMMAUS BOROUGH COUNCIL Mr. Jeter explained the next steps and the phases of the project. He stated that he believes the project will begin within 60 days and service will be activated in the 1st quarter of 2024. Mr. Labenberg reported that the next Committee meeting on Thursday, July 20, 2023 at 9:00 a.m. will be canceled. Progress. f. Budget & Finance Committee Resolution 2023-22 authorizing payment of the July 17, 2023 bill list as follows: Bill List $ 1,116,649.82 Payroll #13, #14 $ 382,217.33 Payroll Taxes $ 120,659.87 Total $ 1,619,527.02 Done this 17th day of July 2023. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2023-22. There were 6 ayes. Motion carried. Mr. Labenberg stated that he did not remember previously seeing so many credit card purchases of food for the pool on the bill list. Mr. Pepe responded that the Borough must purchase food from several different locations with the credit card, as food delivery is no longer an option. He explained that if the Borough pays the bills within 30 days, there is no interest being charged. Mr. Labenberg asked if the Borough is able to earn rewards money for using a credit card. Mr. Pepe responded that he is unable to answer Mr. Labenberg’s question at this time. Mr. DeFrain reported that the Borough has drafted a new Lease Agreement between the Borough of Emmaus and East Penn Neighbors Helping Neighbors for 151 E. Minor Street. He explained that the Borough has added a rent increase of 1.5% per annum, effective January 1st of each year, effective January 1, 2024. Motion by Mr. DeFrain seconded by Mrs. Sorg-McManamon to approve the Lease Agreement between the Borough of Emmaus and East Penn Neighbors Helping Neighbors for 151 E. Minor Street. There were 6 ayes. Motion carried. Mr. DeFrain entertained questions about the Budget Performance report for the 2nd Quarter, the Significant Revenue and Expense Report for June, and the Committee meeting notes. He reported the next Committee meeting on July 20, 2023 at 11:00 a.m. will be canceled. Progress.  July 17, 2023 89 EMMAUS BOROUGH COUNCIL g. Community Relations, Planning and Development Committee Mrs. Sorg-McManamon reported that there is nothing for official action tonight and entertained questions about the June 26, 2023 Committee meeting notes. She reported that 4 new picnic tables were purchased at Triangle Park through the Chamber Foundation Grant. She stated that an application has already been submitted for next year for the Chamber Foundation Grant for trash and recycling receptacles. She thanked Mr. Carl and the Public Works Department for their help in installing the tables and benches. Mr. Pepe stated that the Borough was awarded the Grant for next year for the trash and recycling receptacles. Progress. PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT Mr. Pepe reported that staff has rehired Michael Himes as a part-time firefighter 2/EMT. Mr. Pepe explained that Mr. Himes previously worked for the Borough, and he is happy to have him return. Mr. Pepe stated that he will need an Executive Session to discuss litigation, real estate, and a personnel issue in the administrative office. Progress. PRESIDENT’S BUSINESS Mr. Labenberg stated that he received letters regarding nighttime fishing at Furnace Dam and handicapped admission at the Emmaus Community Pool. Mr. Labenberg referred the items to the Parks and Recreation Committee. Mr. Labenberg announced that he will be a grandfather twice as both his sons are going to be fathers. He stated that he is very excited for this. Mr. Labenberg recessed the meeting at 6:37 p.m. for an Executive Session to discuss litigation, real estate, and a personnel issue in the administrative office with no action anticipated. Mr. Labenberg reconvened the meeting at 7:01 p.m. with no action needed.  July 17, 2023 90 EMMAUS BOROUGH COUNCIL ADJOURNMENT Motion by Mr. Balliet, seconded by Mr. Hart to adjourn the July 17, 2023 Emmaus Borough Council Meeting. There were 6 ayes. Motion carried. The meeting was adjourned at 7:01 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant July 20, 2023