Borough Council Meetings

August 21, 2023 91 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on August 21, 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 Absent 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. Joanne Evans, 628 Harrison Street – voiced concerns about the change to curbside yard waste and having pick up only one day a week. She asked if she was the only one who has complained. Mr. Labenberg explained that there were not enough Borough residents utilizing the program to have pick-up twice per week. Mr. Labenberg stated there were a handful of residents that complained about the change. Mr. Pepe responded that there were approximately 100 households that utilize the program. B. Richard Musselman, 945 Franklin Street – stated that last week a pole was placed in his yard between the sidewalk and the curb. He stated that he was never notified of this. Solicitor Ulrich stated that he believes the pole was placed in the right-of-way and was not placed in his yard. Mr. Musselman also stated that the pole is leaning to the west and needs to be fixed. Mr. Pepe responded that Mr. Musselman should have or will receive a letter from the Emmaus Police Department explaining the purpose of the pole and giving instructions on how to obtain a parking permit. COMMUNITY MINUTE Mayor Gilbert stated that she will be attending a ribbon cutting at Vibes Caribbean Restaurant, located at 1301 Chestnut Street. She stated that Family Fun Night was a success, with approximately 350 people attending the event and over 200 hot dogs served. She thanked all the volunteers for their help with the event. Mayor Gilbert stated that K-9 Ronnie has retired, and K-9 Leo has started. August 21, 2023 92 EMMAUS BOROUGH COUNCIL Mr. Labenberg stated that he attended the Knauss Homestead Peach Festival. He stated that there were 55 vendors, and it was very well attended. Ms. Baumgartner stated that she also attended the event, and it was much larger than last year. SPECIAL PRESENTATIONS Chief Price presented Unit Citation Awards to Captain Troy Rabb, Master Firefighter Jason Jesmain, Firefighter 2 EMT Jared Tellechea, Paramedic Bryan Nelson, and Advanced EMT Laurie Barry for their outstanding efforts and teamwork to quickly control the apartment fire at 1025 Cold Stream Circle on June 24, 2023, which endangered the lives of multiple occupants, Mayor Gilbert thanked Chief Price and his staff for their outstanding effort the night of the fire. READING OF MINUTES Motion by Mr. DeFrain, seconded by Mrs. Sorg-McManamon to adopt the July 17, 2023 Council Minutes as drafted. There were 5 ayes, 1 abstention (Baumgartner). Motion carried. DECISION ON BIDS Solicitor Ulrich explained that staff recommends awarding the 2023 Full Depth Reclamation Bid to the 2nd lowest bidder. He explained that the lowest bidder did not have one of their contractors listed as PennDot certified and it was one of the requirements of the bid documents. Mr. Pepe stated that there was a difference of $3,500.00 and it is staff’s recommendation to move forward with the bid. Motion by Mr. Hart, seconded by Mr. Balliet to award the 2023 Full Depth Reclamation Bid to Recon Construction Services, Inc., for the total bid amount of $246,018.35. There were 6 ayes. COMMUNICATIONS a. Emmaus Halloween Parade Committee – Request to hold Halloween Parade on Saturday, October 21, 2023 with a rain date of Sunday, October 22, 2023. Mr. Labenberg referred the item to staff. b. Emmaus Lioness Lions Club – Request to hold scarf shower on Saturday, November 4, 2023 at Triangle Park. Mr. Labenberg referred the item to staff. c. Emmaus Historical Society – Letter of Appreciation for donated items. d. Amanda Achenbach – Letter of Resignation from the Emmaus Ambulance Corps, effective August 28, 2023. August 21, 2023 93 EMMAUS BOROUGH COUNCIL BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Progress. UNFINISHED BUSINESS, PART I 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) (2nd Reading 8/21/23). Motion by Mr. DeFrain, seconded by Mr. Hart 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 2nd Reading. Roll call vote: Mrs. Sorg-McManamon, aye; Ms. Baumgartner, aye; Mr. Labenberg, aye; Mr. DeFrain, aye; Mr. Hart, aye; Mr. Balliet, aye. There were 6 ayes. Motion carried. NEW BUSINESS Ordinance No. 1246 – An Ordinance Amending Chapter 15 §601 and §602 of the Codified Ordinances, Amending Several Sections of the Borough of Emmaus Parking Regulations (1st Reading 8/21/23). Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to adopt Ordinance No. 1246 - An Ordinance Amending Chapter 15 §601 and §602 of the Codified Ordinances, Amending Several Sections of the Borough of Emmaus Parking Regulations on its 1st Reading. Roll call vote: Mrs. Sorg-McManamon, aye; Ms. Baumgartner, aye; Mr. Labenberg, aye; Mr. DeFrain, aye; Mr. Hart, aye; Mr. Balliet, aye. There were 6 ayes. Motion carried. Ordinance No. 1247 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.3 of the Emmaus Borough Code, Adding Residential Disabled Parking Sign and Assigning Permitted Parking Space on a Public Street Located in Front of the Address at 629 Walnut Street Within the Borough of Emmaus (1st Reading 8/21/23). Motion by Mr. Hart, seconded by Mr. DeFrain to adopt Ordinance No. 1247 - An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.3 of the Emmaus Borough Code, Adding Residential Disabled Parking Sign and Assigning Permitted Parking Space on a Public Street Located in Front of the Address at 629 Walnut Street Within the Borough of Emmaus on its 1st Reading. Mrs. Sorg- August 21, 2023 94 EMMAUS BOROUGH COUNCIL McManamon, aye; Ms. Baumgartner, aye; Mr. Labenberg, aye; Mr. DeFrain, aye; Mr. Hart, aye; Mr. Balliet, aye. There were 6 ayes. Motion carried. Mr. Labenberg stated that the 2nd reading of Ordinance No. 1246 will be held at the September 5, 2023 Council meeting and the 2nd reading of Ordinance No. 1247 will be held at the September 18, 2023 Council meeting. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 Mr. Labenberg explained that there are 2 items that need to be added to the agenda and that Council mistakenly voted on the Full Depth Reclamation Project prior to adding it to the agenda. Motion by Mr. Balliet, seconded by Mr. DeFrain to add the 2023 Full Depth Reclamation Project Award and the removal of a Recreation and Entertainment Commission Member to the agenda. There were 6 ayes. Motion carried. Motion by Mr. Hart, seconded by Ms. Baumgartner to award the 2023 Full Depth Reclamation Bid to Recon Construction Services Inc., for the total bid amount of $246,018.35. There were 6 ayes. Motion carried. MAYOR’S REPORT Mayor Gilbert reported that her list of activities for May 1, 2023 through August 16, 2023 are in the iPads. Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Balliet reported that full-time Public Works employees Camilo Rodriguez and Scott Sell have reached the end of their probationary period and staff recommends not retaining them. Motion by Mr. Balliet, seconded by Mr. DeFrain to not retain probationary employees Camilo Rodriguez and Scott Sell as full-time Public Works employees. There were 6 ayes. Motion carried. Mr. Balliet entertained questions about the Committee notes and reported that the next Committee meeting will be held on Wednesday, September 20, 2023 at 4:00 p.m. via Zoom. Progress. August 21, 2023 95 EMMAUS BOROUGH COUNCIL b. Health, Sanitation, and Codes Committee Mr. Balliet entertained questions on the Committee notes and reported that there is nothing for official action and the next Committee meeting is Wednesday, August 30, 2023 at 4:45 p.m. via Zoom. Progress. c. Parks and Recreation Committee Ms. Baumgartner reported that the removal of the Recreation and Entertainment Commission member will be added to the next Council agenda. Mr. Balliet reported that the next Committee meeting will be held on Tuesday, September 5, 2023 at 4:45 p.m. via Zoom. Progress. d. Public Safety Committee Mr. Hart reported that the 2nd Quarter Police, EMS, and Fire Department reports are in the iPads. He also reported that the signs are being placed for the expanded restricted permit parking areas. Mr. Hart reported that the Assistance to Firefighters Grant program awarded the Emmaus Ambulance Department $40,247.27 in Federal funding for the purchase of a Lifepack 15 V4 Monitor/Defibrillator. He explained that the FEMA grant requires a 10% match in the amount of $4,024.73 and the total amount of the defibrillator is $44,272.00. Motion by Mr. Hart, seconded by Mr. Balliet, to accept the FEMA grant and the 10% match for the purchase of a defibrillator in the amount of $44, 272.00. There were 6 ayes. Motion carried. Mr. Hart entertained questions about the Committee meeting notes and reported that the next Committee meeting is scheduled for August 31, 2023 at 9:00 a.m. via Zoom. Progress. e. General Administration Committee Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to hire Gannett Fleming for the design phase of the PFAS remediation. There were 6 ayes. Motion carried. August 21, 2023 96 EMMAUS BOROUGH COUNCIL Mr. Pepe explained that the Borough has already hired Gannett Fleming to perform the design work, but the Borough is receiving approximately $36,000.00 from Penn Vest through a PFAS fund. Penn Vest requires a formal vote of appointment to perform the design work. Mr. Labenberg stated that he believes the Borough received a $25,000.00 grant for sewer work. Mr. Labenberg entertained questions about two sets of meeting notes and reported that the next Committee meeting is scheduled for September 7, 2023 at 9:00 a.m. via Zoom. Progress. f. Budget & Finance Committee Resolution 2023-23 authorizing payment of the August 21, 2023 bill list as follows: Bill List $ 1,382,232.28 Payroll #15 & #16 $ 394,223.66 Payroll Taxes $ 125,792.90 Total $ 1,902,248.84 Done this 21st day of August 2023. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2023-23. 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 July 2023, and the two sets of Committee meeting notes. Mr. DeFrain stated that the September 7, 2023 meeting will be canceled and the next Committee meeting will be held on September 21, 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 and reported that the next Committee meeting will be held on Monday, August 28, 2023 at 4:30 p.m. via Zoom. Progress. PERSONAL APPEALS, PART II – None. August 21, 2023 97 EMMAUS BOROUGH COUNCIL BOROUGH MANAGER’S REPORT Mr. Pepe reported that the Zoom bombers have returned. He explained that the security is tight and will be increased, but that he wanted to let Council know about it. Mr. Pepe reported that staff has hired Ryan Malik as a part-time EMT for the Emmaus Ambulance Corps. Mr. Pepe also reported that staff hired Jerald Brown, Jr. as an Auxiliary Police Officer. Mr. Pepe stated that he will need an Executive Session to discuss a personnel matter and a real estate matter. Progress. PRESIDENT’S BUSINESS Mr. Labenberg recessed the meeting at 6:44 p.m. for an Executive Session to discuss real estate and a personnel issue with no action anticipated. Mr. Labenberg reconvened the meeting at 7:39 p.m. with no action needed. ADJOURNMENT Motion by Mr. Hart, seconded by Mr. Balliet to adjourn the August 21, 2023 Emmaus Borough Council Meeting. There were 6 ayes. Motion carried. The meeting was adjourned at 7:40 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant August 24, 2023