Borough Council Meetings

March 18, 2024 30 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on March 18, 2024, in Council Chambers and via Zoom. CALL TO ORDER Council President Chad Balliet called the Council meeting to order at 6:00PM. Roy Anders Present Chad Balliet, Council President Present Shana Baumgartner, Council Vice President Present Nathan Brown Present Chris Hoenscheid Present Brent Labenberg Present Kate Watt 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 – None. COMMUNITY MINUTE – None. SPECIAL PRESENTATIONS – None. READING OF MINUTES Motion by Ms. Baumgartner, seconded by Mr. Brown to adopt the March 4, 2024, Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS – None. COMMUNICATIONS a. Knauss Homestead Harvest Festival Event Request Motion by Mr. Brown, seconded by Mrs. Watt to allow alcohol to be sold at the Harvest Festival event. There were 7 ayes. Motion carried. b. Knauss Homestead Peach Festival Event Request Motion by Mr. Hoenscheid, seconded by Mr. Brown to allow alcohol to be sold at the Peach Festival event. There were 7 ayes. Motion carried. c. Gene Clock Historical Commission Volunteer Application – referred to Community Relations, Planning, and Development Committee March 18, 2024 31 EMMAUS BOROUGH COUNCIL d. Wayne Lawler Resignation from the Arts Commission Effective March 11, 2024 e. Wheelchair Transport Van Operator, Aaron Biery, Letter of Resignation f. Assistant Borough Manager, Sara Jarrett-Eaton, Letter of Resignation Effective Friday, March 22, 2024 g. EMT Leanne Ruch Letter of Resignation Effective Friday, March 22, 2024 h. The Emmaus Run Inn Trail Running Film Fest Event Request – referred to Parks and Recreation Committee i. Doris Farrar Letter of Concern on the S 10th Street Overpass BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Progress. UNFINISHED BUSINESS, PART I – None. NEW BUSINESS – None. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Anders reported that Tyler Llewellyn has successfully met all his probationary requirements by attaining his CDL license. Motion by Mr. Anders, seconded by Mr. Labenberg to retain Tyler Llewellyn as a full-time Class 2 Public Works Employee. There were 7 ayes. Motion carried. Mr. Anders stated that the next Committee meeting is Monday, April 8, 2024, at 4:45PM via Zoom and in-person. Progress. b. Health, Sanitation, and Codes Committee March 18, 2024 32 EMMAUS BOROUGH COUNCIL Mr. Brown stated that the Committee recently met to discuss the 7 “hot” topics that needed to be addressed in the Zoning and SALDO Ordinances. He further stated that the Task Force meetings will reconvene on March 25, 2024. Mr. Brown reported that the next Committee meeting is Tuesday, March 19, 2024, at 4:45PM. Progress. c. Parks and Recreation Committee Mr. Hoenscheid reported that the next Committee meeting is Thursday, March 21, 2024, at 4:45PM via Zoom. Progress. d. Public Safety Committee Motion by Ms. Baumgarter, seconded by Mr. Labenberg to hire Julie Niebell as the full- time Police Department Data Entry Clerk. There were 7 ayes. Motion carried. Mr. Hoenscheid addressed the March 13, 2024, Public Safety Committee meeting notes regarding the petition for stop signs on Liberty Street. He stated that a Watch Children sign was already in place in the area. Mr. Hoenscheid further stated that speed is a contributing factor, however, because speed does not determine the necessity of a stop sign, it was left out of the petition. He reported that there are many factors that make the area unsafe. Ms. Baumgartner stated the item is still being investigated. Mayor Gilbert reported that there have been no documented accidents in that area within the last 5 years. Mr. Pepe stated that historically accident count was the key to determining placement of a stop sign. He added that there are various reasons other than accident data that can be considered in a traffic study when determining the necessity of a stop sign. Ms. Baumgartner reported that the next Committee meeting is Wednesday, April 10, 2024, 9:00AM in-person and via Zoom. Progress. e. General Administration Committee Mr. Labenberg reported that the next Committee meeting is Wednesday, March 20, 2024, at 9:00AM in-person and via Zoom. Progress. f. Budget & Finance Committee Mr. Balliet reported that the Borough has received a contract proposal from Gannett Fleming for engineering services for wells 1 and 2. He stated that the contract is for the final design, permitting, and the bid services work totaling $385,000. Mr. Balliet further reported that the Committee discussed the contract and has recommended it be approved by Council. March 18, 2024 33 EMMAUS BOROUGH COUNCIL Motion by Mr. Labenberg, seconded by Mr. Anders to approve the Gannett Fleming engineering services contract in the amount of $385,000 for the final design, permitting, and bid services work. There were 7 ayes. Motion carried. Mr. Balliet entertained questions about the Significant Revenue and Expense Items for the first half of March 2024. Resolution 2024 - 9 authorizing payment of the March 18, 2024 Bill List as follows: Bill List $ 489,655.35 Payroll #1 $ 190,465.34 Payroll Taxes $ 60,265.22 Total $ 740,385.91 Done this 18th day of March 2024. Motion by Mrs. Watt, seconded by Mr. Labenberg to adopt Resolution 2024 - 9. There were 7 ayes. Motion carried. Mr. Balliet reported that the next Committee meeting is Wednesday, May 1, 2024 at 11:00AM. Progress. g. Community Relations, Planning and Development Committee Motion by Mrs. Watt, seconded by Mr. Hoenscheid to appoint David Biles to the Historical Commission as a representative for the Shelter House to a term expiring January 1, 2027. There were 7 ayes. Motion carried. Motion by Mrs. Watt, seconded by Mr. Hoenscheid to appoint Kristina Seedorff to the Historical Commission as an alternate for the Shelter House to a term expiring January 1, 2027. There were 7 ayes. Motion carried. Mrs. Watt reported that the Committee is in the early stages of developing design standards for the Borough. She stated that the Committee discussed different options for design standards and briefly explained each. She stated that the Committee is requesting feedback from Council regarding the different options. Council discussed the benefits and drawbacks of each option. Mr. Anders asked if older properties that are not necessarily designated as historic properties would be required to change to meet design standards. Attorney Ulrich explained how a historic overlay district would work, including the intentions behind establishing such a district. Mr. Pepe explained both benefits and concerns related to establishing a historic overlay district. Council members expressed their thoughts and concerns with each of the three options. Based on the discussion, the Committee will focus its efforts on exploring a traditional neighborhood design standard, as well as an option to create a voluntary design document for guidance rather than a mandatory standard option. Mrs. Watt reported that the next Committee meeting is Tuesday, April 9, 2024, at 5:00PM, via Zoom. Progress. March 18, 2024 34 EMMAUS BOROUGH COUNCIL PERSONAL APPEALS, PART II Heather Harlen, 554 Seem Street, expressed her appreciation for the way the Police Department handled the individuals protesting the war in Gaza during the President’s visit and the Parks and Recreation Committee and Arts Council for all they do for the community. Ms. Harlen stated her concern about the possibility of Nowhere Coffee closing as she believes it is a hub for the community. Ms. Harlen inquired about a landlord/ tenant issues policy when the landlord is a member of the Council. Attorney Ulrich explained that every Council member complies with the ethical obligations that are mandated under the State Ethics Act which regulates conflicts of interest. Ms. Harlen questioned what the policy is when there is a conflict of interest, and the tenant feels that an inspection should be done by someone outside of the Borough. Mr. Pepe responded to Ms. Harlen’s question and stated that all part-time employees, including the Health Inspector, and all full-time employees are directed by the Borough Manager. He further stated that no single Council member has any managerial control over anyone in the Borough. Lauren Vargas, tenant at 318 Main Street and co-owner of Nowhere Coffee Co., stated that as a follow-up to the conflict-of-interest discussion, to clarify that they (owners of Nowhere Coffee Co.) did ask for that and did ask for the Health Inspector to contact them when he was going to do the re- inspection. She added that Mr. Pepe authorized the Health Inspector to bring a second person to the reinspection, but the Inspector contacted the landlord directly to gain access to the property. Ms. Vargas stated that an inspection of their facility was done when they weren’t ready for it and without notifying them. Ms. Vargas stated her opinion that 12 days after a leak is not an emergency, that it is not emergency access granted by landlord and that it is something happening between a health inspector and a city Council member. Ms. Vargas expressed her dissatisfaction with the management of the food safety system. She added that the community deserves safety and deserves better. EXECUTIVE SESSION – None. BOROUGH MANAGER’S REPORT Mr. Pepe reported that Craig Godusky and David Vrabel were both hired as part-time Public Works employees. Progress. PRESIDENT’S BUSINESS – None. ADJOURNMENT Motion by Mr. Brown seconded by Mr. Anders to adjourn the March 18, 2024 Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 6:52PM. Shane M. Pepe Transcribed by: Jessica Wessner Borough Manager Administrative Assistant March 26, 2024