Borough Council Meetings

June 17, 2024 58 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on June 17, 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 Cristen McTamney, Assistant Borough Manager Present PERSONAL APPEALS, PART I – None. COMMUNITY MINUTE Mr. Labenberg reported that the Strawberry Festival at Knauss Homestead was well attended. Mr. Anders reported that the Fire Department rescued several baby ducks from a sewer grate near the Williams Street ball field. Mayor Gilbert reported that she would be in attendance for the ribbon cutting at Hank’s Italian Ice, located in the 300 block of Main, on June 30, 2024, at 11:30AM. She stated that she attended the groundbreaking ceremony for Juxtahub and encouraged everyone to visit Juxtahub, once it opens. Mr. Balliet welcomed the new Assistant Borough Manager, Cristen McTamney. SPECIAL PRESENTATIONS Mayor Gilbert performed the swearing in of new police officer, Tyler Wiik. President Balliet recessed the Council meeting at 6:04PM for photos and reconvened the meeting at 6:07PM. Christopher Gulotta, Redevelopment Authority of Lehigh County, spoke about a state law established in 1977 called the Local Economic Revitalization Tax Assistance Act, commonly known as LERTA. Mr. Gulotta explained that LERTA allows taxes to be phased in for income producing property renovation projects in deteriorated areas. He further stated that LERTA, along with other incentives, make revitalization projects feasible. Mr. Gulotta explained that the term deteriorated properties is defined within the Urban Redevelopment Law and the term impoverished areas is defined within the Neighborhood Assistance Act. June 17, 2024 59 EMMAUS BOROUGH COUNCIL READING OF MINUTES Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to adopt the May 20, 2024, Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS Mr. Pepe explained that due to some calculation errors by the lowest bidder, Engleman Concrete has withdrawn their bid, therefore, the recommendation is to award Zgura’s Concrete Services the bid. Motion by Mr. Anders, seconded by Mr. Hoenscheid, to award the CDBG ADA Curb Cut Project bid to Zgura’s Concrete Services in the amount of $145,000. There were 7 ayes. Motion carried. Mr. Pepe reported that the recommendation is to award Asphalt Maintenance Solutions the bid for the Thin Life Program of the Road Project. Motion by Mr. Anders, seconded by Mr. Labenberg, to award the Thin Life Program bid to Asphalt Maintenance Solutions in the amount of $140,565. There were 7 ayres. Motion carried. Mr. Pepe reported that the recommendation is to award Recon Construction the bid for the Full Depth Reclamation Program of the Road Project. Motion by Mr. Hoenscheid, seconded by Mr. Labenberg, to award the Full Depth Reclamation Program bid to Recon Constructions in the amount of $499,305.55. There were 7 ayes. Motion carried. Mr. Pepe reported that the lowest bidder, Sacks and Sons, withdrew their bid making, therefore, the recommendation is to award Schlouch Inc. the bid for the Mill and Pave of the Road Project. Motion by Mr. Labenberg, seconded by Mr. Anders, to award the Mill and Pave bid to Schlouch Inc. in the amount of $310,990. There were 7 ayes. Motion carried. COMMUNICATIONS The Deca Salon Event Request - Motion by Mr. Anders, seconded by Mr. Hoenscheid, to approve The Deca Salon event request with the conditions that the road closure is at the discretion of the Mayor, that parking could be blocked off in the event the road is not closed, that should alcohol be made available at the event at the expense of the Organizer, a police officer must be present, and that a Certificate of Insurance must be submitted to the Borough of Emmaus. Motion amended by Mr. Anders, seconded by Mr. Hoenscheid, to approve The Deca Salon event request with the conditions that the road closure is at the discretion of the Mayor, that parking could be blocked off in the event the road is not closed and that a Certificate of Insurance must be submitted to the Borough of Emmaus. There were 5 ayes and 2 nays (Brown, Labenberg). Motion carried. June 17, 2024 60 EMMAUS BOROUGH COUNCIL Mr. Labenberg stated that he will not approve the event because there are too many unknowns. Mr. Brown stated that he agreed with Mr. Labenberg, and he too will not approve the event. Director of Emergency Services John Price Notice of Retirement – Mr. Pepe reported that Chief Price’s last “physical” working day is September 5, 2024; however, his official retirement date will be some time in early November once he has exhausted his accumulated paid time off. Mr. Pepe expressed his gratitude for Chief Price’s 8 years of service and credited him with reinvigorating a Fire Department that was in disarray when he was hired under Chief Price’s leadership, the department has once again become what he feels is one of the best professional Fire Departments on this side of Pennsylvania as well as a well-run Emergency Services Department. Lehigh County Urban County Notice - Motion by Mr. Labenberg, seconded by Mrs. Watt, for the Borough of Emmaus to not be excluded from the Lehigh County Urban County. There were 7 ayes. Motion carried. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT – None. Progress. UNFINISHED BUSINESS, PART I – None. NEW BUSINESS ORDINANCE 1265: AN ORDINANCE OF THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, AMENDING CHAPTER 15 §602.2.A OF THE EMMAUS BOROUGH CODE, REMOVING A RESIDENTIAL DISABLED PARKING SIGN ON THE PUBLIC STREET LOCATED IN FRONT OF 215 RIDGE STREET WITHIN THE BOROUGH OF EMMAUS. (1st Reading 6.17.24) Motion by Ms. Baumgartner, seconded by Mrs. Watt to adopt Ordinance 1265 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, amending Chapter 15 §602.2.A of the Emmaus Borough Code, removing a residential disabled parking sign on the public street located in front of 215 Ridge Street within the Borough of Emmaus on its first reading. Roll call vote: Mrs. Watt, aye; Mr. Anders, aye; Mr. Labenberg, aye; Mr. Hoenscheid, aye; Mr. Brown, aye; Ms. Baumgartner, aye; Mr. Balliet, aye. There were 7 ayes. Motion carried. ORDINANCE 1266: AN ORDINANCE AMENDING CHAPTER 15, §210 OF THE EMMAUS BOROUGH CODE, RESTRICTING LEFT TURNS FROM KLINES LANE TO MAIN STREET DURING CERTAIN SCHOOL HOURS (1st Reading 6.17.24) Motion by Ms. Baumgartner, seconded by Mr. Anders to adopt Ordinance 1266 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, amending Chapter 15 §210 of the Emmaus Borough Code, restricting left turns from Klines Lane to Main Street during certain school hours on its first reading. June 17, 2024 61 EMMAUS BOROUGH COUNCIL Motion by Mr. Brown, seconded by Mr. Hoenscheid to table Ordinance 1266 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, amending Chapter 15 §210 of the Emmaus Borough Code, restricting left turns from Klines Lane to Main Street during certain school hours. Mr. Pepe stated that the committee notes do not include Wednesdays, however, Wednesdays are included in Ordinance 1266. He stated that the school requested Wednesdays to be included, however, there was little discussion about it at committee level. Mr. Pepe clarified that the signs would say right turns only and not no left turns as the Ordinance title implies. Mr. Labenberg sought clarification on the time of day and duration of time left turns would be restricted because the Police Officer’s note had different times than stated in the Ordinance. He suggested that on all school days turns should be restricted at the same time to simplify the restriction. Mr. Pepe explained that Wednesday’s early dismissal makes that impossible. Mr. Labenberg questioned whether school buses would have to follow the restrictions. Mr. Pepe stated that the restriction will be enforced for school buses. Mr. Hoenscheid expressed his concern that there would be too much information on the sign. There was a discussion to simplify the wording on the sign. Mr. Brown suggested that future discussion should take place on installing an LED blinking light to garner more attention. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert reported her activities for the period of March 19, 2024, through June 14, 2024. Mayor Gilbert stated that currently 28 organizations will be participating in National Night Out. She personally thanked Solicitor Ulrich for sponsoring Percy the Camel at National Night Out. Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Anders invited Nick Rapagnani of USG inc. to the podium to give an overview of the proposed Tank Maintenance Program contract. Mr. Rapagnani stated that the Tank Maintenance Program is a long- term, sustainable solution. He further stated that the proposed contract does not have a term, therefore the Borough may opt out of the contract at any time, contingent upon all previously rendered services are paid in full. Mr. Rapagnani outlined the proposed timeline and the pricing structure. Ms. Baumgartner asked Mr. Rapagnani if the pricing scope for the 5th Street tank between years 3 and 4 is the cost for renovation split into 2 years. Mr. Rapagnani confirmed that it was the cost for renovation split over the 2 years. June 17, 2024 62 EMMAUS BOROUGH COUNCIL Mr. Labenberg asked if the 2-year project cost was $531,000 split over the 2 years or $531,000 each year. Mr. Rapagnani stated that the cost was $531,000 for each year of the 2-year project. Mr. Anders sought confirmation that a Grant was received to offset the initial costs of the Tank Maintenance Program. Mr. Pepe reported that a $1.2 million Grant with a 30% match had been received. He explained that the Program pricing scope is structured to facilitate that Council budget each year for the grant match. Ms. Baumgartner questioned the difference in the amount of time required for the Borough to notify USG to opt out of the Scope of Work 1-4 and the Master Service Agreement. She stated that there is no wording in the contract about the amount of time required for USG to notify the Borough of items such as cost increases. Ms. Baumgartner suggested an amendment to the contract to include a required time for USG to send notification to the Borough. Solicitor Ulrich agreed with Ms. Baumgartner and suggested that Mr. Rapagnani contact his attorney concerning the discrepancy. Motion by Ms. Baumgartner, seconded by Mr. Anders to approve the Tank Maintenance Program contract contingent on the Solicitor’s review and approval. There were 7 ayes. Motion carried. Motion by Mr. Anders, seconded by Ms. Baumgartner to terminate employment of probationary Public Works Department employee, Joshua Cox. There were 7 ayes. Motion carried. Mr. Anders reported that the South 2nd Street project has been completed. Mr. Anders stated that the next Committee meeting is Monday, July 8, 2024, at 4:45PM via Zoom and in-person. Progress. b. Health, Sanitation, and Codes Committee Mr. Brown stated that the Zoning Ordinance and the Refuse and Recycling Collection Bid specifications are on the agenda for the next Committee meeting. Mr. Brown reported that the next Committee meeting is Tuesday, June 18, 2024 at 4:45PM in person and via Zoom. Progress. c. Parks and Recreation Committee Mr. Hoenscheid stated that the Recreation and Entertainment Commission needs members. Mr. Hoenscheid reported that the next Committee meeting is Thursday, June 20, 2024 at 4:45PM via Zoom. Progress. June 17, 2024 63 EMMAUS BOROUGH COUNCIL d. Public Safety Committee Motion by Ms. Baumgartner, seconded by Mr. Labenberg to approve the Memorandum Of Understanding for School Resource Officer (SRO) for East Penn School District. There were 7 ayes. Motion carried. Motion by Ms. Baumgartner, seconded by Mr. Labenberg to appoint Dr. Samantha Williams as EMS Medical Director effective July 1, 2024. There were 7 ayes. Motion carried. Motion by Ms. Baumgartner, seconded Mr. Labenberg to approve the overall ambulance design. There were 7 ayes. Motion carried. Motion by Ms. Baumgartner, seconded by Mr. Labenberg to approve Resolution 2024 – 17: A Resolution of the Council of the Borough of Emmaus, Lehigh County, Pennsylvania, amending the fee schedule for the services of the Fire Inspector. There were 7 ayes. Motion carried. Ms. Baumgartner reported that the next Committee meeting is Wednesday, July 10, 2024, 9:00AM in person and via Zoom. Progress. e. General Administration Committee Mr. Pepe explained that the owner of 300 Furnace Street requested LERTA to offset increasing costs for development of the property. He stated that 300 Furnace Street is the most blighted property in the Borough. There was a discussion on the benefits, negative impacts, and potential timeframe of LERTA. Motion by Mr. Hoenscheid, seconded by Mrs. Watt to direct the Borough Solicitor to prepare an Ordinance for a 5- year LERTA. There were 6 ayes, 1 nay (Labenberg). Motion carried. Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to approve Resolution 2024 – 18: A Resolution in accordance with the Municipal Records Act of January 18, 1968 (P.L. 961, NO. 428) as approved for Local government records by the Pennsylvania Historical and Museum Commission Bureau of Archives and History, as approved by the Commonwealth of Pennsylvania on December 18, 2008, and amended July 23, 2009, authorizing the Borough of Emmaus to dispose certain Municipal records. There were 7 ayes. Motion carried. Mr. Labenberg reported that the next Committee meeting is Wednesday, June 19, 2024, at 10:00AM. Progress. f. Budget & Finance Committee Mr. Balliet entertained questions about the Significant Revenue and Expense Items for the first half of June 2024. Resolution 2024 - 16 authorizing payment of the June 17, 2024 Bill List as follows: June 17, 2024 64 EMMAUS BOROUGH COUNCIL Bill List $ 1,177,435.60 Payroll #11 & #12 $ 415,475.93 Payroll Taxes $ 136,456.94 Total $ 1,729,368.47 Done this 17th day of June 2024. Motion by Mr. Labenberg, seconded by Mrs. Watt to adopt Resolution 2024 - 16. There were 7 ayes. Motion carried. Mr. Balliet reported that the next Committee meeting is Wednesday, June 19, 2024 at 11:00AM via Zoom. Progress. g. Community Relations, Planning and Development Committee Mrs. Watt stated that the Committee discussed creating a simplified building design standard to include in the Zoning Ordinance. Mr. Labenberg questioned the areas that would be affected by the building design standard. Mr. Pepe responded with an overall idea of the design standards. Ms. Baumgartner stated that the $10,000 cost does not include attending meetings and questioned if there were expectations that they would need to attend meetings. Mrs. Watt responded affirmatively. Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to hire Thomas Committa Associates to create a building design standard at a cost of $10,000. Motion amended by Mr. Labenberg, seconded by Mr. Hoenscheid to hire Thomas Committa Associates to create a building design standard at a cost not to exceed the budgeted amount. There were 7 ayes. Motion carried. Mrs. Watt reported that the next Committee meeting is Tuesday, July 9, 2024, at 5:00PM in person and via Zoom. Progress. PERSONAL APPEALS, PART II – None. EXECUTIVE SESSION – None. BOROUGH MANAGER’S REPORT Mr. Pepe stated that several part-time seasonal employees have been hired. He stated that Jordan Meyer was hired as a part-time EMT. Mr. Pepe requested that Council approve the contract with General Code for software and integration and does not include scanning. June 17, 2024 65 EMMAUS BOROUGH COUNCIL Motion by Mr. Labenberg, seconded by Mr. Anders to approve the General Code contract for professional services. There were 7 ayes. Motion carried. Mr. Pepe stated that Ryan Malik has resigned from the Ambulance Department. Mr. Pepe reported that Guy Washburn has been appointed as Head Group Leader for the Public Works Department. Progress. PRESIDENT’S BUSINESS – None. ADJOURNMENT Motion by Mr. Brown seconded by Mr. Hoenscheid to adjourn the June 17, 2024 Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 8:25PM. Shane M. Pepe Transcribed by: Jessica Wessner Borough Manager Administrative Assistant July 8, 2024