June 17 2024  1  MACUNGIE BOROUGH COUNCIL AGENDA Monday June 17,2024 Regular Meeting 7:30j p.m.  1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Announcements 5. Barry Isett Engineering a. Report 6. Public Comment a. Public b. Council Members 7. Presentations /Guest Speakers 8. Complaints, Petitions, and Appeals 9. Approval of] Minutes a. June 3, 2024 10. Financial Agenda a. Treasurer's report  i, Phase II ARLE Grant  i. YTD P&L General Fund Budget VS Actual ii. YTDI P&L General Fund Budget VS Actual -Monthly Detail  b. Approval of] Paid Bills Detail report a. Macungie Ambulance Monthly Report a. Macungie Institute Manager Quarterly Report i.A April 15,July 15, October 21 b. Zoning Monthly Update Report (2nd meeting oft month)  11. Correspondence 12. Reports  Solicitor d. Mayor  i. Macungie Police. Department Update (2nd meeting ofi month)  1. May Dispatch Log 2. Traffic Study Report 5/20/2024 a. 200 Block West Main    June 172024  2  3. Jeffrey Weibel-commendation email @ Officer Sabdiel Diaz  e. Borough Manager  i. 2023 Budget Transfers ii. Grant Close Out 1. MI HVAC 2. Streetscape V 3. Streetscape VI  13. Unfinished Business 14. New Business  a. Young Land Development Plan approval. project. Total project cost $ 309,018.00. agreement Pedestrian LED! Lights.  b. JBM Mechanical Payment request #2-final for $ 161,598.00 for MI HVAC Administration request for authorization to execute the June. 5, 2024 BIA service d. Approval for BIA to submit for DCED Multimodal Grant for Phase II Crosswalk e, Macungie Police Department request to appoint Part-Time Officer Sabdiel Diaz to f. Macungie Police Department request to appoint Raphael Rivera for Part-Time g. Administration request to upgrade iWorQ from Department Package to Enterprise  lights.  the open (30) Thirty-hour position.  Officer. Package.  h. Macungie Park Flagger Service. a. Legal, Personnel, Real Estate 16. Action as a result of executive session  15. Executive Session  17. Adjournment    MACUNGIE BOROUGH COUNCIL MEETING MINUTES Monday, June 3, 2024 REGULAR MEETING MINUTES 7:30P.M.  Council Members:  Ron Karboski Greg Hutchison Barry Bloch Todd Ritter Robert Rozak Caris Sell John Yerman (via phone) Ronald Conrad Pat Armstrong John Brown  Mayor: Solicitor: Borough Manager:  President Karboski called tonight'smeeting to order at 7:30 pm.  1. Barry Isett Engineering a. Report b. Lighted crosswalk signs  - ARLE signs = diamond signs with LED lighting around the sign diamond crosswalk: since it is much more, visible to traffic.  li, John Brown spoke with the Borough. Manageri in Emmaus who commented they prefer the iii. Solar Power VS: Régular Power- -3 TELCO stated. cost is the same for each. Ift the Borough chooses to go to Solar Power the units cost more. money but there is less installation cost. Hard Wire costs less fori the equipment but costs more to connect the power. iv. Recommendation from. BIA is the lighted crosswalk with Solar Power. V, Council is agreeable to BIA recommendation. BIA will put together a plan and a formal resolution and will bring it back to; the Council ata a future meeting.  2. Public Comment a. Public  i. Carlos Castro. 167 Aspen Lane . Multiple issues regarding Stonehill Meadows  1. Broken Lights with wires exposed 2,5 Asphalt not finished 4. Landscaping is not being maintained  3. Construction on the: sidewalks in the common areai is incomplete 5. Information will be passed to the engineer and will be handled.  b. Council Members i. None 3. Presentations/Guest Speakers a. None 4. Complaints, Petitions, and Appeals  a. 225SV Walnut Appeal of Final Determination of Sidewalk/Curb Replacement (see 10.b)  MOTIONS:060324-A/0603248/060324C/080324D/060324E/080324F/0603246/080244/  060324-J    MACUNGIE BOROUGH COUNCIL MEETING MINUTES Monday, June 3,2 2024 REGULAR MEETING MINUTES 7:30P.M.  5. Approval of Minutes a. May 20, 2024  President Karboski asked that on the 2nd page, number 11 Young Land Development Plan Approval read that President Karboski made a motion to table the Land Development Plan ii. On the last page letter F- Permits' Violations and Penalties - Add a sentence stating that Attorney Armstrong has been advised to review and provide feedback ii. President Karboski made a motion to approve the minutes to reflect the corrections. Councilman Rozak seconded the motion. Motion, passed unanimously. (060324-A)  approval until the revised plans are ready for review.  6. Financial Agenda  a. Treasurer's report- pending b. Approval of Unpaid Bills Detail report  i. Vice President Hutchison made a motion to approve the unpaid bill for $4,526.24. Councilman  Rozak seconded the motion. Motion passed unanimously. (060324-B)  7. Correspondence 8. Reports  a, Emmaus Public Library Director's Report a. Macungie Institute Manager Quarterly. Report i. April 15,July 15, October 21 b. Zoning Monthly Update (2nd meeting of the month),  Solicitor d. Mayor  i. Memorial Day celebrations  1. Mayor Conrad: thanked everyone who participated in the celebration. There wasal large turnout. Multiple Council members attended, 15 people met at the Fire Department and. were escorted by Sgt. Kocher and Officer Santago to the Memorial Park. PA Representative Ryan Mackenzie and PA Congresswoman Susan Wild gave heartfelt speeches. Tom Affelbach Commander oft the Lehigh County Office of Veterans Affairs and Commander of the Macungie VFW 9264 also spoke of friends who gave it all. Mayor Conrad also thanks Dale Eck for all the hard work put into the celebration.  li. Macungie Police Department Update (2nd meeting oft the month)  1. Police Intern Program 2024  a. Sgt. Kocher briefed the council on the program that was initiated by Mayor Cordner. The Intern Program ini the past wast through Kutztown University and a network within Kutztown University. The Intern Program is strictly volunteer work. The candidate must meet all requirements of the program, b. There is currently someone interested int the program who is not affiliated with  the university but is in the ROTC Program.  MOTIONS: 080324-A/060324-B/0324C/080240/08024F/060246/060324-H/0603241/  060324-J    MACUNGIE BOROUGH COUNCIL MEETING MINUTES Monday, June 3, 2024 REGULAR MEETING MINUTES 7:30P.M.  The intern will be utilized for updated SOPS and attending the front desk along with answering the phone. The candidate will have ride-along programs and will  be on a limited basis under Sgt. oversight.  e. Borough Manager  . 2023 BudgetTransfer  1. Tol be completed by the end of the month. 1. Paving is a major project that is done yearly,  ii. I DPW 2024 Projects - Plan and Timeline  a. President Karboski asked that when the dates for paving are available to update a. Collecting ani inventory of water service lines in the Borough to identify lines b. Water Main on Buttonwood the project is currently out for RFP. PWD will not be doing that actual project but will be doing the background work.  council.  2. Two large projects include  that may be lead-based.  3. Once timing and context are available, morei information will be provided.  9. Unfinished Business  a. Ordinance (Fines and Penalties)  $ Solicitor Armstrong is still working and reviewing the Code of Ordinances ii. General catch-all in Chapter 1 that addresses Fines and Penalties.  iii. Solicitor Armstrong will follow up with, Joe Peterson to see exactly what the concerns are and if there are any revisions or amendments that need to be addressed he will bring them back to iv. President Karboski made a motion to table until Solicitor Armstrong fully reviews the fines and penalties. Councilmen Sell seconded the. motion. Motion passed unanimously. (060324-C) : President Karboski made aj motion to approve Kay Builders security reduction #2 for $604,142.14. Vice. President Hutchison seconded the motion. Motion passed unanimously.  council.  10. New Business  a. Kay Builder'ss security reduction #2  (060324-D)  b. 225SWalnut Appeal of Final Determination of Sidewalk/Curb Replacement  . Recommendation from the Planning Commission 2. No comments from the public.  1. Mr.: Jones (owner) was noti in attendance at tonightsmeeting.  3. Planning Commission passed motion to approve Mr. Jones's request remove current sidewalk and not have to replace the sidewalk. Ground to be regraded accordingly. 4. Councilman Sell made a motion to approve the Planning Commission recommendation. Councilman Ritter seconded the motion. Motion passed unanimously. (060324-E)  DPW Purchase Request - Six (6) replacement concrete trash cans $2,888.00 from Tree Top Products  MOTIONS: 060324-A/060324-B/02AC/00240/06024E/080224H/0603241/  060324-J    MACUNGIE BOROUGH COUNCIL MEETING MINUTES Monday,June: 3, 2024 REGULAR MEETING MINUTES 7:30P.M.  . Councilman Ritter made a motion to approve the request of Public' Works. Councilman Rozak President Karboski made a motion to accept Macungie Institute Coordinator Darlene Misselbeck S letter of resignation with regrets as of June 28th. Councilman Bloch seconded the  seconded the motion. Motion passed unanimously. (060324-F)  d. Macungie Institute Coordinator- -l Letter of Resignation  motion. Motion passed unanimously. (060324-G)  e. - Discussion regarding bump-outs  i.D DCED did not grant the Borough's request to use the leftover funds. li. Councilman Yerman suggested looking for other grant opportunities. lii. Public' Works previously showed a design, but no cost was set.  iv. President Karboski suggested meeting with DPW to review design/plan and update potential cost. We can have DPW begin the process and have one. be a model, if acceptable expand to the other bump outs, Karboski asked that the Borough Manager to have Public Works put together  some numbers and present it to the council.  Street Parking Ordinance Review Trailers, Boats, Rvs, etc,  ii. President Karboski made. a motion tot table the topic until Solicitor Armstrong has time to review it. Vice President Hutchison. seconded the motion. Motion passed unanimousy,060324.")  11. Executive Session  a. There was an executive session held prior to thé meeting to discuss personnel matters. a. President Karboski made a motion to accept. Police Officer Einfalt's letter of resignation with regret effective immediately. Vice Président Hutchison seconded the motion. Motion passed unanimously. a. Councilman Ritter made a motion to adjourn. tonight's meeting at 8:26 pm. Councilman Bloch seconded  12. Action as a result of executive session  (060324-1)  13. Adjournment  the motion. Motion passed unanimously. (060324-J)  Respectfully: submitted,  AohleyRinke  Ashley Rinker, Administrative Assistant  MOTIONS:060324-A/060324-8/060324-C/060324-D/060324-E/060324-F/060324-H/060324-1/  060324-J    8888688    e 88888888  080 8888  00  8883 88889    Bese 8838  8889  88888  385888853 588 88883888888 888 8888  88  8888    a8 888 8888  8888888 3888881    Bege 8 8888  S3B eR 88388  888:8  88883 38 88888 8888  888  88  d0    388    Be        888                PAID BILLS BY FUND-SUMMARY June 172024 Fund  Balance $ 64,335.55 $ 17.08 $ 3,671.82 $ Total $ 116,451.53  General Fund Sewer Fund Liquid Fuels Fund Water Authority Fund  Refuse-Sanitation Fund $ 48,427.08    1:48 PM 06/11/24  Borough of Macungie - General Fund  Paid Bills Detail All Transactions  Type Ashcraft, John! MIII Bill Bill Total Ashcraft, John! MIII Berks County Intermediate Unit BIlI Total Berks County! Intermediate Unit Davidheiser's Inc Bill Total Davidheiser's Inc Easton Quarry Bill Total Easton Quarry Emmaus Public Library Bill Total Emmaus Publicl Library Evercor Facility Management! Inc, Bill Total Evercor Facility Management Inc. Financlal Related Services, LLG Bill Total Financial Related Services, LLC Grim, Biehn & Thatcher Bill Bill Bill Bill Total Grim, Biehn &1 Thatcher Herbein's Garden Center, Inc. Bill Totail Herbein's Garden Center, Inc. IntegraOne Bill Totall IntegraOne WorQ Bill Totali WorQ Lantek Bill Totall Lantek Bill Bill  Date  Memo  Open Balance 998,00 364.00 1,362.00 2,024.34 2,024.34 79.00 79.00 1,299,00 1,299.00 5,612.50 5,612.50 3,217.68 3,217.68 4,585,00 4,585.00 2,890.00 102.00 119.00 2,567.00 5,678.00 2,519,02 2,519.02 455.63 455,63 3,000.00 3,000.00 1,732.50 1,732,50 284.30 292.71 577.01  06/06/2024 File No. 24-019- Re: Kumar Vineet & Wasson Gourui 06/06/2024 File No. 24-020- Re: Michael Sanchez 05/20/2024 Inv? #2400052893- Real Eslate Billing & Module 06/04/2024 Inv #28484- (3): Stop Watch/s Tested & Cert 05/20/2024 Inv* #B-103M-0011023- Street Patching Materials 05/21/2024 Inv #2nd Quarter 20241 Library Agreement 05/18/2024 Invi #38104- Stanley Sweeping 05/31/2024 May 2024 Bookkeeping Services 05/24/2024 Inv; #224627-0001 General Matters 05/24/2024 Inv; #224628-0006- Zoning Matters 05/24/2024 Inv# #224629-0086- Zoning Ordinance. Amenment 05/24/2024 Inv# 224634-0129- BT Stone vi Macungie Borough 06/01/2024 05-17-24 Order- Macungie Flower Park 05/30/2024 Inv# #CW77421- Police service ticket  06/03/2024 Inv* #203754. Permit Management, Code! Enforcement System  05/31/2024 invi #CW56026- Various Tickets 05/21/2024 Inv #8326932- Asphalt Mix 06/21/2024 Inv #8326933- Asphalt Mix  New Enterprise Stone &1 Lime Co., Inc, Total New Enterprise Stone & Lime Co., Inc.  Page 1    1:48 PM 06/11/24  Borough of Macungie General Fund  Paid Bills Detail All Transactions  Type Pipeline Petroleum Bill Total Pipeline Petroleum PMHIC Bill Total PMHIC PPL Electric Utilities Bill Bill Bill Bill Bill Total PPL Electric Utilities St, Luke's Hospital Bill Total St. Luke's Hospital The Varcoe Company Bill Total The Varcoe Company UGI Bill Bill Bill Total UGI UniFirst Corporation Bill Bill Total UniFirst Corporation W.B. Mason Co., Inc. Bill Total W.B, Mason Co., Inc. Wehrung's Macungie LLC Bill Bill Bill Bill Bll Bill Total Wehrung's Macungiel LLC WEXI Bank- Sunoco Bill Total WEX Bank- Sunoco TOTAL  Date  Memo  Open Balance 762.50 762.50 26,616.56 26,616.56 49.91 231.17 34.86 707.57 301,97 1,325.48 107.00 107.00 266.20 266.20 59.58 39,39 64.78 163.75 72.00 72.00 144.00 104.85 104.85 24.99 107,98 43.99 53.75 63.94 48.25 342.90 2,360.63 2,360.63 64,335.55  06/05/2024 Ref#741545337- Off Road Deisel (shop) 06/01/2024 Inv #175929-0- July 2024 Coverage 05/24/2024 Accl #96864-28016- 102 EN Main 05/24/2024 Accl #57170-05005- Macungie Institute 05/25/2024 Acct #59439-06004- Main St8 & Mill Display 05/25/2024 Acct #49380-17017- 301 S Church St 05/25/2024 Acct #26780-17002- 21 Locust St  05/29/2024 Invi #171305- PW Season Drug &A Alcohol Screen  05/23/2024 Inv #1523- Office Supplies  05/21/2024 Acct 411002564895- Macungie Institute 06/06/2024 Acct: #411002403722- -301 S Churchgarage-heating 06/06/2024 Acct #411002403458- -21 Locust St 05/29/2024 Inv #1290178409- Uniform Service 06/05/2024 Invi #1290179576- Uniform Service 05/23/2024 Invi #246762586- Paper 05/20/2024 Invi #40107- Street Cuts 05/20/2024 Inv* #40141- Bump Outs 05/22/2024 Inv: #40232- Building maintenance 05/24/2024 Invi #40336- Macungie Institule 05/29/2024 Invi #40513- Macungle Institule 06/03/2024 Invi #40711- Building maintenance 05/31/2024 Invi #97438676- May 2024 Fuel  Page 2    1:18PM 06/11/24  08- SEWER COMPANY Paid Bills Detail All Transactions  Type Wehrung's Macungie LLC Bill Total Wehrung's Macungie LLC TOTAL  Date  Memo  Open Balance  05/28/2024 Inv #40417- Truck #5 maintenance  17.08 17.08 17.08  Page 1    1:38 PM 06/11/24  REFUSE-SANTATION COMPANY Paid Bills Detail As of June 11, 2024  Type Whitetail Disposal Bill Totall Whitetail Disposal TOTAL  Date  Num  Open Balance 48,427.08 48,427.08 48,427.08  05/31/2024 Inv#1196758  Page 1    12:52 PM 06/11/24  35-LIQUID FUELS Paid Bills Detail All Transactions  Type PP&L Bill Bill Bill Bill Bill Bill Bill Bill Total PP&L TOTAL  Date  Memo  Open Balance  05/24/2024 Acct #73239-69005- Lumber & Lehigh St 05/24/2024 Acct #49939-16013- Rte 100, Pedestrian Signal 05/24/2024 Acct #41239-94001 Rte 100 & Chestnut, Signal 05/25/2024 Accti #57253-72006- 1WI Main St 05/25/2024 Acct #36794-55007- NO Church St & Lehigh-A/L. 05/31/2024 Acct 68055-05002- Borough Street Lights 05/31/2024 Acct #70000-43002- Borough Street Lights 06/04/2024 Acct #22084-14002- Rte 100, Traffic Signal  53,53 71,86 37,18 78.30 46,58 3,123,44 223,76 37.17 3,671.82 3,671,82  Page 1    MACUNGIE AMBULANCE CORPS, INC  EMERGENCY E9-1-1 Fax: (610)966-1561  5550 N. WALNUT ST PO Box 114 MACUNGIE, PA 18062 www.macamb.org! Monthly Report for May 2024 Macungie Borough  Phone: (610) 966-2601  Call Volume  The Macungie Ambulance Corps responded to 366 calls for service this month.  25 of those calls were in Macungie Borough  While we were busy on other calls, our mutual aid partners responded to 3 calls for assistance int the  Borough thisi month.  Other Points of Interest  On May 18th the Macungie Ambulance Corps celebrated EMS week by hosting a community Special thanks tot the Alburtis Police Department and Lower Macungie Fire Department for participating! We hope to see you next year at a different location in our coverage area. More  event at Lockridge Park. About 50 people attended!  details to follow next yearl  BIOWEBL MAGUNIE  DE  MAEN  "Conuitted to Caring            May Dispatch Log Abandoned Vehicle Alarm-Burglar Alarm-Other Animal Complaint Assist Other Department Burglary Check on Welfare Citizen Assist Criminal Mischief Disturbance-Specily Domestic Disturbance DUI  Follow Up Found Person Fraud Investigative Patrol Lift Assist-No Injuries Lockout of Vehicle Missing Person Missing Person-uvenile Motorbike Complaint MVAI No Injuries MVA With Injuries Narcotics Noise Complaint Parking Complaint Reckless Driver Repossession Road Hazard Security Check Subject Stop Suspicious Person Suspicious Vehicle Theft Unclassified Complaint Unwanted Person Vehicle Stop Visitor Present Warrant Service Grand Total  28 1 1 1 1 1 1 1 1 2 1 1 4 4 2 2 2 7 1 1 1 1 3 2 60 18 1 234  1 6 1 2 10 1 9 16 1 1 2 1 1 4 1 6 2 3 1 4 1 1 4 1 10 1 3  EMS Call-Breathing Problem EMS Call-Chest Pain EMS Call-Diabetic Problem EMS Call-Fall Victim EMS Cal-Medical Alert Alarm EMS Call-Overdose EMS Call-Seizures EMS Call-Sick Person EMS Call-Stroke Victim EMS Call-Traumatic Injury EMS Cal-Unconscious Person  Exposer Fight  Fire Call-Apartment Bldg Fire Fire Call-Automatic Fire Alarm    April Dispatch Log Alarm-Burglar Animal Complaint Assist Other Department Business Patrol Check on Welfare Citizen Assist Criminal Mischief Disturbance-specly Domestic Disturbance EMS Call-Abdominal Pain EMS Call-Back Pain EMS Call-Breathing Problem EMS Call-Chest Pain EMS Call-FallVictim EMS Call-Heart Problem EMS Call-Medical. Alert Alarm EMS Call-Overdose EMS Call-Sick Person Fight Fire Call-Inside Hazard Follow Up Found Person Fraud Hit and Run Lift Assist-No Injuries Lockout of Residence Lockout of Vehicle  Loitering Media Follow-up Music Complaint MVA No Injuries Noise Complaint Parking Complaint Pickup-Specify Psych Emergency Reckless Driver Repossession Road Hazard Security Check Shooting/Stabbing Standby Suspicious Person Suspicious' Vehicle Theft Theft-Retail Unclassified Complaint Unwanted Person Vehicle Stop Vigilance Request Visitor Present Walking Patrol Wire Down-No Sparking Grand Total  1 3 1 1 1 3 1 2 2 2 1 14 1 1 1 1 1 2 4 2 61 1 22 1 1 240  2 1 7 2 8 21 2 3 5 2 1 1 1 2 1 1 1 6 2 1 29 1 3 2 2 1 1    Traffic Study 05/20/24 200 Block of West Main Street  A traffic study was conducted in the 200 Block of West Main Street. The study measured 5573 vehicles regarding travel speeds through the area. The: results are as follows:  Traffic Speed Survey Start Date/Time: Finish Date/Time: Time Interval: Speed Interval: Posted Speed Limit: Average Speed (mph): Maximum Speed (mph): 50th Percentile: 85th Percentile: Number Above Speed Limit: Total Number of Vehicles:  5/20/2024 15:00 5/22/2024 8:00 60 min 5 mph 35 mph 37.98564765 76 38 44 3803 5573    Date: 5/28/2024 09:05:52 am Start Date: 5/20/2024 03:00 pm End Date; 5/22/2024 08:00 am Time Interval: 60 minutes Speed! Interval: 5 mph Posted Speed Limit: 35 mph Average Speed: 38 mph Highest Speed: 61 mph 50th Percentile: 38 mph 85th Percentile: 44 mph  Comments:  Number Above Speed Limit: 3803 Totall Number of Vehicles: 5573  Count VS. Speed  5/20/2024 03:00 pm - 5/22/2024 08:00 am  Speed Limit 35  2,063  2,200 2,000 1,800 1,600 1,400 1,200 1,000 800 600 - 400 200  1,770  1,740  0-35  36-40 Speeds  41+    Date: 5/28/20241 12:18:50 pm Start Date: 5/20/2024 03:00 pm End Date: 5/22/2024 08:00 am Time Interval 60 minutes Speed Interval: 5 mph Posted Speed Limit: 35 mph Average Speed: 38 mph Highest Speed: 61 mph 50th Percentile: 38 mph 85th. Percentile: 44 mph  Comments:  Number Above Speed Limit: 3803 Total Number of) Vehicles: 5573  Count VS. Hour  5/20/2024 03:00 pm- 5/22/2024 08:00 am  340 320 300 280 260 240 220 200 180 160 140 104 120 77 100 57 52 80 60 40- 20  Legal Speeding  301 28 286 269 250  211  1 185  175 147 137 101 103 68 50  161 165  142 136 121 76 5_58 45  126 95 98 60 39  95 105 73  82  - DE DE =  1m EE EE E E EE5 DE 55 DE E DE DE  E E de d0 B 88 888 d8e de 88 00 D 8888  a  d. a  &i a  1 6 P 00 0e 11  Hour    Date: 5/28/2024 12:18:50 pm Start Date: 5/20/2024 03:00 pm End Date: 5/22/2024 08:00 am Time Interval: 60 minutes Speed Interval: 5 mph Posted Speed! Limit: 35 mph Average Speed: 38 mph Highest Speed: 61 mph 50th Percentile: 38 mph 85th. Percentile: 44 mph  Comments:  Number Above Speed Limit: 3803 Total Number, of Vehicles: 5573.  Count vs. Hour  5/20/2024 03:00 pma 5/22/2024 08.00 am  Legal Speeding  400 350 300 250 200 150 100 50  -  LE E D a - d8e 088 00 088 a 3 c A 6 00  -  a  -  DD a 00e  Hour    6/13/24, 12:40PM  Mail- tkocher macunglepdoig-Oulok  OFFICER DIAZ  Jeffrey Weibel etdwebelehomalcom, To:tkocher macungiepd.org tocheromacungepdor.  Tue 6/4/2024 8:01 AM  Good mng Sgt Kocher. I'm writing to commend Off Diaz on his professionalism & due diligence. If you were to research my history you'd find that Ihave a 'checkered past" that resulted in me being committed to a number of SCIs for over 2 decades. Upon my release in 2013 Ireinvented myself w/ the help of the VA. Ic obtained my CDL, remained sober & now live a good honest lifestyle. Cops were never my friend. I've found that when my attitude changed, cops weren'tso bad. The last officer to arrest me (3 wks after my release from an SCI in 2003), actually met w/ me for coffee. My point in telling you this is that Off Diaz has solidified my beliefs when he stopped me 3 wks ago. limmediately provided him w/ my documents & explained my bad driving. He spoke to me kindly & treated me w/ dignity & respect. I've discovered that Off Diaz is a new hire from Reading PD. You made a good choice in his hire. I'd also like to thank Off Diaz for issuing me a WARNING tkt rather then a speeding tkt that would've definitely affected my CDL & company bonus system adversely. In closing I'd like to extend to you & your force a standing invitation to stop by my place (105 Lindfield Circle) for a GREAT CUP OF COFFEE (I buy 2 special blends at  Allentown Frmrs Mkt) anytime they seem I'm home & awake. Sent from my Verizon, Samsung Galaxy smartphone  Get Outlook for Android  ntipslloutook.oflice.com'malinboxldAAQHADE/AWZAMWNLWW3OTMINDONNDAYWRALWISYmU2ODIOTY5Y0AQAEA6RM288F8IZMn'a2Bdw.. 1/1    BARRY - ISETT& associatess MULTI-DISCIPLINE ENGINEERS/ ANDO CONSULTANTS 5420 Crackersport Road, Allentown, PA 18104 610.398.0904 barryisell.com  610.481.9098  June 14, 2024 Project # 399923.002  John Brown, Borough Manager Borough Council Macungie Borough 21 Locust Street Macungie, PA 18062 Dear John and Council Members, RE: LUMBER STREET DEVELOPMENT Land Development Plan  We reviewed the following plans and supporting data, prepared by Ott Consulting Inc., dated December 21, 2023 (unless noted otherwise), last revised May 28, 2024, against the requirements of the Borough of Macungie Code Chapter 305 - the Subdivision and Land Development Ordinance (SALDO) and the dimensional requirements of Chapter 345- -1 the  Zoning Ordinance (ZO):  1. Preliminary /Final Plans, including 18 plan sheets (Plan). 2. Stormwater Management and PCSM Report. 4. Erosion & Sediment Control Plan Narrative. 5. Response Letter to Borough Engineer's Comments. 6. Waiver Request Letter prepared by Margret Young (Applicant). 7. Borough of Macungie Subdivision and Land Development transmitta.  3. Pre- and Post-Development Watershed Plans including two sheets.  8. Stormwater Infiltration and Carbonate Assessment letter prepared by Geo-Technology The 3.02t-acre tract is located between Lumber Street and Creek Street and between Lehigh Avenue and Main Street (note the property does not have any frontage on Main Street but abuts the rear lot line of the properties that front on Main Street) and is in the TC Town Center District. The site is mostly vacant land but does contain a two-story garage accessed from Creek Street,  Associates, Inc. dated October 23, 2023.  and a parking lot accessed from Lumber Street.    John Brown and Borough Council  2  June 14, 2024  The Plan proposes a 2-story apartment building, containing 16 units with a building footprint of 8,000 square feet. The apartment building is shown to be constructed as Phase 1 of the development. Although the building would be constructed near Creek Street, parking fori the apartments would be behind the building from Creek Street and accessed from a driveway on The Plan also proposes an 11,680 SF commercial building with 7 commercial uses to be constructed along Lumber Street as Phase 2 of the project. Two access drives will be provided to the common parking spaces located on the sides and rear of the commercial building. The applicant submitted a separate application consisting of plans for the access easement which includes a paved driveway and parking areas behind the properties on Main Street. Access to the easement area is from Main Street and Lumber Street and will provide  Lumber Street.  emergency access to the Young Development once completed. The following comments are offered for your consideration:  WAIVERS REQUESTED  1. At their February 20, 2024 meeting, the Planning Commission recommended PreliminarylFinal Plan approval. Therefore, a waiver is required from SALDO $305-9A.A, which requires al Final Plan! be submitted after Preliminary Plan approval. We do not recommend this waiver, as Will Serve letters have not been provided from the Borough. Authority indicating the ability to serve the improvements, and the Borough indicating the ability for the LCA and the Borough to provide sanitary sewer services. 2. A waiver is requested from SALDO $305-15A.A, which requires the plans to be submitted at a certain scale. The submitted plans are drawn to a scale of 1"=40'. We 3. A waiver is requested from SALDO $305-15A.F(12), which requires at traffic impact study and report for any use generating 250 or more trips per day. The applicant provided a trip generation identifying 816 proposed trips. This request was recommended by the 4. A waiver is requested from SALDO 5305-21A.B(1), which requires the installation of sidewalk and curbing or grassed swales. The waiver requests an exemption from the installation requirement along Creek Street. This waiver was recommended by the  have no objection to this request.  Planning Commission.  Planning Commission. PLANNING AND ZONING  5. The Applicant should clarify what is being requested for Final Plan Approval. The  following options exist according to SALDOS 305.9A: Phasing should be removed from the plans; or  a. AI Final Plan. Approval for all improvements. If this option is desired, all references to b. Separate Final Plan Approval for Phase 1 and Phase 2. Ift this option is desired, then  Separate Final Plans and application should be provided.    John Brown and Borough Council  3  June 14, 2024  6. We note multiple utility coordination and other construction issues between the two phases. Utilities should note where capping will occur for Phase 1 and lengths of pipes 7. The slope of the handicap ramp located in the southwest corner of the Phase 1 residential parking area is steeper than ADA requirements and should be revised to be  prior to their extension in Phase 2 should be noted accurately.  less than or equal to 8.33% slope.  STORMWATER  8. The tree located near the southwest corner of the footprint of Basin 001 should be 9. The plan view for the Plan/Profile of BSN 1C Outlet to MH-502 does not show the entire 10. Profiles should show all pipe connections within the structures (i.e., ellipses). 11. Pipe 500-501 enters MH 500 at the same elevation as the invert out of the structure. Itis recommended to provide 0.2' drop from the elevation of the pipe invert into the invert 12. Inlet I-101 does not appear to be aligned with the low point in the parking lot. The inlet should be shifted to the south by two feet to align the center of the inlet with the low point or additional data should be provided identifying the location oft the low point. 13. The slope of pipe 101-504 in the Storm Sewers summary sheet is shown as 0.49%. All 14. The drainage area boundary for Post-Dev Onsite to POI-001 on the post development drainage area map does not accurately represent the proposed contours in the area of 15. The limit of disturbance line should be removed from the drainage area plans toi improve 16. The soil test pit labels on the plans have been revised as requested, however several are obscured by thick lines and are difficult to read. The plans should be revised to 17. The Post Construction Stormwater Management plan should be reviewed by the Lehigh Valley Planning Commission and determined to be consistent with the Little Lehigh 18. The developer should sign and record a maintenance agreement approved by the Borough Solicitor addressing all stormwater control facilities that are to be privately owned per SALDO 5305-24A.D(3). Other items may be included ini the agreement where itis determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement may be subject to review and approvai of the Borough Council.  relocated to maintain a minimum of 10-feet from the basin. pipe run and upstream connection of BSN 1C to the basin.  out.  pipe slopes should be a minimum of 0.50% slope. Basin 003. This drainage area should be revised.  legibility.  address the obscured labels.  Creek Act 167 Watershed Plan per SALDO $305-22C.    John Brown and Borough Council  4  June 14, 2024  19. The stormwater management report should be signed and sealed by the engineer who  designed the stormwater management systems per SALDO.  PLAN PRESENTATION  20. The 390 foot contour in front of the residential building does not match between the Phase 1 Layout plan on sheet C-1.2 and Grading and Utility plan on C3.1. 21. Additional water and sanitary sewer comments will be provided under separate cover. 22. The AppicantDeveloper should post an Improvements and Maintenance Security per SALDO $305-30A and $305-31A and maintain an escrow account fori inspections. 23. No regulâted earth disturbance activities within the Borough should commence until approval by the Borough of an erosion and sediment control plan for construction activities per SALDO $305-14.A. Written approval by DEP or the Lehigh County Conservation District will satisfy this requirement. The applicant stated that a submission 24. Recreation area should be provided as part of this development per SALDO S 305- 27A.C. The recreation area for the residential portion of the project should be (16 units) X 2,000 sf/unit =) 32,000 s.f. and the commercial portion will be (2,000 sf + 11,680x0.10 =)3,168 s.f. for ai total of 35,168 square feet or 0.807 acres. At the sole discretion of Borough Council, cash in lieu of recreation land may be paid to the Borough. The applicant has stated that they will discuss cash in lieu of recreation land with Borough 25. PADEP Sewer Planning will need to be addressed as part of the proposed development. Since the sewer for the site flows through the Borough Collection System to reach the LCA system; Lower Macungie, the Borough of Macungie, LCA (conveyance), and LCA- Allentown (treatment) will all be required to sign off on the sewer planning elements. 26. The Fire Chief should confirm that the proposed parking lots and circulation drives are adequate for the circulation of the largest fire truck and that the fire hydrant location and 27. All resubmissions should be accompanied with a detailed letter explaining how each All comments above are made with the understanding that all features are accurately displayed on the submitted plan and that they comply with all current laws, regulations, and currently  POLICY & INFORMATION  to LCCD will be made at the time oft this submission.  Council to go towards the Macungie Memorial Park.  water service are otherwise acceptable for fire safety purposes.  comment has been addressed.  acceptable professional land surveying and engineering practices.    John Brown and Borough Council  5  June 14, 2024  Please do not hesitate to contact us ify you have any questions regarding this letter.  Sincerely yours,  N2  Stan Wojciechowski, P.E., CME Borough Engineer  CC: Joe Peterson, Zoning Officer Patrick M. Armstrong, Esq., Borough Solicitor Margaret D. Young, Applicant Donald S. and Debra R. Young, Owner Jason Buchta, RLA, Ott Consulting  Wbiaces.o comlwoxPget202399202MaaunyemPIL.P.yomgo.Raewo2kos.suémis.n.04Rewew202406-  14_Prelim-Final Review.docx     9 n 3 D -  2    888  - 6   0  38888 888  50 >. 8888  @  9  *..  pw    888 60  CS  a 6o  3888888  680  88888  989.88  8888 8888888 388888888888 @  3  s..  w    3R87  .A:  3 E  pwrit,.    DocuSign Envelape ID: 3CBFABA-A240-608-A228-FB3DF24A7CDO  BARRY WISETT& Lassociates: MULTI-DISCIPUNE ENGINEERS/ ANDO CONSULTANTSE 5420 Crackersport Road, Allentown, PA 18104 610.398.0904 barryisett.com  610.481.9098  Date: June 5, 2024  Project #: P6068024.000-000-01-01PBLIC  Sent via DocuSign to manageremecungepaus Client Name: Borough of Macungie Attention: John Brown, Manager Address: 21 Locust Street, Macungie, PA 18062 Phone: (610) 966-2503  RE: PEDESTRIAN LED SIGNS WITH PEDESTRIAN PUSHBUTTON ACTIVATION  Pennsylvania Department of Transportation (PennDOT) ARLE Grant Agreement #C920003051 Services Requested: Engineering Services to prepare Plans, Specifications, and Estimates (PS&E), Bid Documents, and Construction Inspection for Pedestrian LED Signs with Pedestrian Pushbutton Activation for four crossings of SR 0100 (Main Street), at Race Street, S. Lea Street, Description of Work: Barry Isett & Associates, Inc. (Isett) will complete the following tasks: 1. Prepare Flashing' Warning Device Permit Plans and Construction Plans for the four pedestrian crossings mentioned above. Plans will be prepared in accordance with PennDOT Engineering District 5-0 standards. PennDOT Publication 46, Traffic Engineering Manual, Publication 148, Traffic Standards = Signals, TC-8800 Series, and Publication 149, Traffic Signal Design Handbook contain the standards that will be followed. Submit the Permit Plan tot the Borough of Macungie for approval. Along with the Permit Plan, submit PennDOT Form TE-160, Application for Traffic Signal Approval for Borough signature. Obtain from the Borough its Traffic Signal Maintenance Agreement (TSMA) with PennDOT. Should the Borough not have a TSMA, Isett will provide for the Borough the TSMA and provide a sample resolution to have the agreement executed. PennDOT requires this TSMA. Submit to PennDOT the Permit Plan and Construction Plan, the executed TE-160 form, and the executed TSMA. PennDOT is in the process of establishing submittal of signal permit plans via their Electronic Permitting System (EPS) Traffic Signal Portal (TSP). Should PennDOT require submittal through the EPS TSP, Isett will do SO. To do sO, the Borough will need to provide authorization. The Borough will need to sign PennDOT form M-950AA, Applicant's Authorization for Agent to Apply for Highway Occupancy Permit. Isett will resubmit the Permit Plan/Construction Plan addressing PennDOT review 2. Prepare necessary documents to comply with the ARLE grant agreement. Specifically, environment clearances, right-of-way clearances, utility clearances, pre-bid construction schedule, special provisions, and maintenance and protection of traffic narrative. Complete final  Poplar Street, and Pine Street.  comments. Isett anticipates only two resubmissions to PennDOT.  PS&E documents.  Authorization for Additional Services    DocuSign Envelope ID: 13CBFABA-A240-4608-A22B-FB3DF24A7CDO  3. Prepare Bid documents to conform with ARLE grant requirements. Upon approval oft the PS&E documents and the Bid documents, Isett will solicit bids through the PennBid system. Isett will prepare the documents needed to award the contract to thes successful bidder. 4. Provide construction management of the project and conduct construction inspection of the  project on an as needed basis. Estimated Cost of Services: 1. Lump Sum fee of $16,000.00 2. Lump Sum fee of $8,000.00 3. Lump Sum fee of $4,000.00 4. Hourly as needed,  The attached fee schedule ands standard contract terms and conditions shall be made part oft this agreement.  Effective June 1, 2024, all credit card payments willl be subject to a 3% fee.  Sincerely,  Stau Uguidowsi, PE, (ME Stan Wojciechowski, PE, CME Department Head Municipal Engineering Services  WulasescomwoxPgecht120,4499824000 Macungie_ Borough_ Municlpall,007 ManS-RRFB-Pedestraincrosingsrroposal20240605-  PodesiienEDSigns-aoungeAALEGamAumotizalon.doxe",  Authorization for Additional Services    DocuSign Envelope ID: 13CBFABA-A240-4608-A22B-FB3DF24A7CDO  Signature and Billing Page  Proposal Acceptance  John Brown Printed Name  Title  Signature  Date  Customer Billing Information  Billing Contact Name  Email  Billing Address  PO# PO#, ifapplicable  Office Phone  Direct Phone  BARRY ISETT& associatesk    DocuSign Envelope ID: 13CBFABA-A240-4608-A22B-FB3-FB3DF24A7CDO  BARRY WISETT& associatess MULTI-DISCIPLINE ENGINEERS ANDO CONSULTANTSE MUNICIPAL Sr. Municipal Engineer Municipal Engineer/Planner DESIGN/DRAFTING/MODELING Registered Landscape Architect Landscape Designer Staff Professional Sr. Project Technician Staff Technician GIS Specialist ENVIRONMENTAL Sr. Environmental Manager Sr. Environmental Scientist/Geologist Project Environmental Scientist Sewage Enforcement Officer SITE OBSERVATION Sr. Construction Manager Construction Manager Construction Building Official Construction Inspector SURVEY Professional Surveyor Survey Crew Chief Survey/GPS Crew Three-Person Survey Crew ADDITIONAL SERVICES Sr. Transportation Engineer Sr. Geotechnical Engineer Sr. Forensic Engineer/Architect Sr. ElectricalMechanical Designer Forensic Emergency Response Construction Materials Testing Certified Special Inspector Grants Specialist Project Support  $132.00 $120.00 $120.00 $108.00 $117.00 $101.00 $_92.00 $100.00 $120.00 $113.00 $105.00 $102.00 $132.00 $119,00 $105.00 $95.00 $116.00 $106.00 $180.00 $218.00 $166.00 $210,00 $210.00 $166.00 $315.00 $71.00 $ 93,00 $119.00 $69.00  NOTE: The cost of reimbursable expenses that are in addition to the basic services willl bei itemized separately, Relmbursable expenses include mileage; prioritylexpress mail and packages; preparation of materials for electronic transfer; hand delivery of materials; reproductions; prints; and any additional insurance coverage or limits (including professional liability insurance) requested in excess of that normally carried. Above rates are subject to change if conditions warrant. Reimbursables subject to Sales Tax. acas.omgobansopssSOmITOwMFe. Schedules and Terms & Condlionsispeclalizedi rates and  Effective: 1/1/24  lermsiMuncpal2023 PIopoxedzUZFoss.wuncpal-othdox  2024 Municipal Fee Schedule    DocuSign Envelope ID: 13CBFABA-A240-4606-A22B-FB3DF24A7CDO DUTIES AND! RESPONSIBILITES 1.1 Engineere agreest top provide thosep professlonais services as agreed toint thes scope of services. RESTRICTIONS ONUSEC OF DOCUMENTS containedt thereinf for atherp purposes! Is atl user's soler riska andr responsibility. shall remain Engineer's properlya ands shall ber retumedi uponc demanda ands shallinotb be usedfora any ands speclficationss shalin notb be used by Cliento onotherp projects, fora additions1 tot thisp project, orfor Engineer, provided! Engineeri isr noti ind defaultu under this agreement. 3.1. Services performed! byE Engineer undert thea agreament willb be conducted inan manner consistent with 9. CHOICEOFLAW thatlevelc ofcarea ands skillo ordinarily exercisedh byn members ofthop professlon practicingunders similar circumstancesint thes same ors similark locality. Ourp professionals services willb bo performed, ourf findingsv will be obtained, ando ourr recommendations) preparedl Ine accordancey withg generally accepled prindpals of 10. SEVERABILITY 3.2 Boundarys surveys shallb bel based uponc deeds ofn record ande avallabley physicale evidence. Unless atherwises speclfied, Engineer'ss services dor noti inchder research beyond! thaty whichi is necessary! lop provide 11. REMEDY affect thep property ares specifically excludede excepta as otherwise provided." 3.3 Pians, drawings, ands supportingi informationr required forr munlcpalr reviews shallb bep preparedIn byther munlcipality, or Client shall ber made at Client'se expense. Duet tof frequent changes! Inrules, regulationsa andi Interpretations! bya autharilies, Engineer cannotg guaranleet thala anys submissiony willbe follows: considered complete ort thata anys agency willls Issuea ap permit or approval. undergrounds structures wherel locations are based upona avallablei information, orv were nolc calledto services donotl Include supervision ord direction oft thes actualv work oft the Contractor, Contracior's inforni Contractort thatn neithert thep presence ofe Engineer's fieldr representativer nort thao observallonby Engineers shaile excuset the Contractorf for defects or omisslonsi in Contractor's work. Contraclor, including, butn nol limited! lo Contractor'sf failure! toa adhere tot the plans ands specifications, Inthec contract between Ciient: and Contractor. requirements shall apply continuously: andn nolb bel limitedt ton normaly working! hours. Any monitoringof jurisdictiont thereof. Contractor's, performance conducted by Engineere excludes review oft thea adequacyo of Contractor's safety measuresin, onorn near! the construction: site. 44 Engineers shallr nolb bel heidr responsiblef for Contractor's fallure toobservec or comply witht the state, county, ormunlcipal! lawo or regulationo ofs simllari import orl Intent. 4.5 Itlsu underslood thatifE Engineer's scope ofs services does not includec observations services, then 13. CHANGES INTHEWORK Client assumes allresponsibiltyf fori interprelation ofthed Contract Documents andf for construction  CIMILSURVEYING- STANDARD CONTRACT TERMS. AND CONDITIONS  7.. DISPUTES  7.1 Inthee event! thal Clent Inslilutes sullora arbitralion against Engineer fora any allegede error, omission, orr negligence, orf failure to perform, andifs such suito or arbltralionisd dropped or dismissed, orifjudgmenti is rendered for Engineer, Client agrees! lot reimburse Engineerors paya anya anda allo costs forv whom or forv whoseb benefitt that Engineer'ss services arer rendered, ande also that, ifClientisa corporation, thatt thep persons signing! this contract shalll bep personally liable, Mnecessary, for alln monies reasonable attorneyf fees shallbel Includedi Inanyj judgmentr rendered. knowingly ailows Englneer lop proceedy with services, then Clients shallbo deemed toh have accepted the terms oft the proposale andt these Standard Torms and Conditions.  2.1 ItIsu understood thatt thed drawing(s)r rendered under thisa agreemanty willb bep preparedi in accordance and anya ande allo othere expense of defense, Immedlatelyf following dropping or dismissal ofthec case or witht the agreeds scope andy willp pertaino onlyt tot thes subjectp proect. Use ofthe drawings, information orc data Immedialely uponj judgment beingr renderedo ont behalfo ofEngineer. 2.2 Clienta agreest thate alid documenlationi includingd drawings andc other workE Engineer furnishedt toc Client 8. WARRANTY OF AUTHORITYTOS SIGN or Client's agents, wnich Engineer does notr recelve compensationf foru under thet tarms afthis agreement 8.1 The persons signing! this contract warranist they! have authorily los sign as, orc onb bohalfo of, Client 2.3 Plans, CADDO disks, ands specificallons, asi instruments ofs service, area ands shailr remaln! thep property owed under this agreement. lisuchg person does noth haves such authority, hea agrees thath hei isp personally ofEngincer, whethert thep projectf for which theya areir intondedIso oxeculed ornol. Thep plans, CADDO disks liablef for allb breaches oft this contracta and! thati ina any acliona against himf fort breacho of suchv warrantya completion oft this proectt byo olhers, exceptbya agreementi iny writingy witht thee appropriate compensationt 10 8.2 lfap proposal Iss submittedto Cliente and Client faist tor relurn as signed copy oft thep proposalb but  purposey whatsoever.  3. STANDARDOF CARE implied.  9.1 This contract shall be  ina accordancey witht thel laws ofthe Commonweallh OfPA.  surveying ande engineering practice. Thisv warranty! Isinl lleud ofalld othery warranties either expressed or 10,1 Int the eventt thata any! provisions! hereins shallbe deemedi invalid or unenlorceable, thec other datar relativet t06 establishment ofb boundary! lines; rights-of-way, easements, ando othern mattersy which may 11.1 Iruhes services performed byE Engineer aref faully, Client's exclusiver remedys shallb bef for Engineert to accordancey withs appilcable ordinances andi ina accordancey with Client's instructions. Modifications requlred 11.2 All clalms, disputes, and other matlers inc questiont between Engineer and Client, notl Ine excess of 3.4 Thel location ofunderground ullities,! Ifshown, shallb beb based upons surface evidence andfor ullily andw withint ton(10) daysf fromt the dated ofd delivery ofthed demand, shallb bes submilled to" Judkate records. Client agrees! loa advise Englneer ofk knownors suspectedu undergroundi fealures ors structures Headquarteredi In Philadelphla." Then medialor'sf fees shailbes sharede equallyb bythe parties. Ifthe dispute which could affecis services provided! herein, andf furthera agreest tot hold Engineer harmless for damagest to has notl been resolvedb byr medialion, them mallers shallt thent bes submitied toa arbitrationi Ina accordances with 4,1 lfrequired undert the scope ofs services Engineer willp provide personnelt to observea andr report on persons sought tot bej joined, Any consent tor medlation, arbitration involvinga ana additional persono or specific aspects or phases of construction! Ine accordancey witht thea agreeds scope ofs services. Engineer's persons shall not consliluted consentt tor mediation, arbitrationo of anyd dispute notd described herein, This. employees, agenis, ors subcontractors. Clienta agreest ton nollfy Contractor accordingly. Clients shalle also persons duly consenled tobyt the partiest tothisa agreement: shall be specilically enforceablet under the 4.2 Itisu underslood thatE Engineer shallr notl be! heldresponsible! for anye errorso ord omissions ont thep partol arbitrationo conductedb by! the American Arbilration/ Associationi ina accordancev with! the Construction! Industry regardless ofwhether or notE Engineeri isp performing observation services. Thisp provisions shall bei included helda ando conductedin Trexlertown, PA. Innoe event shall thed demand fora arbitration ber made after sha 4.3 itisu understoodt that Contractors shalll bes solelya and complelelyr responsiblef forv working conditions on question wouldk be! barredb byt thes applicable statule ofli limitalions. The: avardr renderedb byt thea arbltrators thej obs site,i includings safety ofa ali persons andp properlyo duringt thep performance ofthev work, andt thatt these shall baf finala andj judgmentr may bee enteredt uponi itlna accordancey withe applicable lawina any court having Occupationall Healtha ands Safety Actaf1 1970, andr regulations ors standards promuigatedt thereunder, ora any notrejected! by Client, Engineer reserves ther righlt tor revise orv withdrawt this agreement. observation, and Clienty walves anyo claims against Engineer thatn mayi in anyv way! bec connecled thereto. understood byE Engineer. Facts develapeda alerii initiaip planningr mayc dictatea ac changei inc direction, Clienta agrees! to! thef fulleste extent permitted byl law tol indemnlfy and! hold harmiessE Engineer, lts officers, additional offort, ors suspension ofe effort, whichr may altert thes scope, Ifsuch change, additional effort, or directors, employees ands subconsuilants: againsta alld damages, liabiitles ar costs, includingr reasonable suspenslon ofe effort resultsi ine anl Increase or decrease int thec costo of ort time requiredf for performance of atlorneys' fees ando defenses costs, arisingo out ofori inanyy way connectedy witht thep performance ofsuch thes services, whether orr nol changedb bya anyo order, thef fee ands schedules shall bee equltably adjusted. servicesb byather persons or entities andf froma anya anda allc claims arising! fromr modifications, clarifications, 13.2 Client acknowledges! that noa amounto ofs site investigation or design cana anticlpate every potential interpretations, adjustment or changesr madel lot thec Contract Documenis toreflecto changedf fiold or other costissue andu thato changes occuro one every project. Accordingly, Clients shalll includear reasonable 5.1. This agreementr mayt bet terminated! by eitherp partyy upony wriltenr notice, Inu thee event oftermination, contingencys beçause ofs sucho changes ort because ofs any Contractor claims relaling los such changes. 5.2. Int thee evento oft terminationa ors suspenslon forn moret thant three( (3)n months, priort to complelionofall beenr requirede andi Includedinu thec ariginal Construction! Documents andu therelorev wouidh havet beenp partof 5.3 Clients shalln maken no request ofEngineert that,i inE Engineer's reasonable opinion, wouldb be contrary 14.1 Engineer's! liabiity forc damages duet toe error, omlssionorp professlonal neglgence shallb be fimited toE Engineer's professlonalr responsibilitlest top protect the public. Cllents shallt takea alle actionsa andn render all toana amount nott toe exceeds $50,000orf Engineer'sf fee, whlcheveris! less. IClient prefers notle tol limlt reports required of Clienti inat timely manner, Should Client faiitod dos so, Client agrees! Engineert hast the Engineer's professionall liabllilyt tot thiss sum, Engineery willy waivet this! limitation upon Client's requestif righttoe exercisei itsp professionalj judgment Inr reporlingk to public officials. Client agreest tot taker no action Client agrees to pay an additionalo consideraliont for thisy waiver, priort to commancement ofservices. againsto or altempti toholdE Engineerl liablei ina anyy wayf for carryingo outv whatE Engineerr reasonably believes! to 14.2 For any Projectr relatedo claim, demand, ars suita action asserted bya anyp parlyo othert than Clientr related beit Itsp publicr responsiblity. Clent agrees, lothef fulleste exient permitted byl law, tol Indemnifya and! hold toEngineer's alleged aclore error, omission, negligence, carelessness, orb breachofd duty, contractualor harmiessE Englneer, itso offiçers, directors, employees ands subconsultants againsta all damages,! llabiftiesor otherwise, Clienl agreesa at Client's sole cost and expenset loi indemnify, defenda andh hold harmless costs arising outo oforina anyv way connectedy withE Engineer's notifyingo or failingt ton notify appropriale public Engineer, itss subsidiaries, affiates, officers, employees, ando consullanis or such ather whor may have 6.1 Engineerv wills submil Invaicest to Clientn monthly anda afinalle invoice upon completion ofs services. Engineer perti thiss section, Engineer shall have ther rightt to choosei its awne counsel. Paymentl Is dueu uponp presentalion ofi invoice andi isp past duet thirly (30) daysf fromi involced date. Client 14.3 Client agrees! lobee entirelyl liablo forp providinga anylallc contractors workingo ont this project thereof onpasto duep payments undert this agreement. lfani invoicer remains unpaidf for moret thans sixly (60) 14.4 Nolvilhstanding: any olher provislon ofthisA Agreement, andi tot thef fullest extentp permitedby days, Engineerr reservest therl rightt top pursuea alla appropriate remediesl Includings stopping worka andr retaining law, neither Clienl norE Engineer, thelrr respective officers, directors, partners, employees, contraclors losuspends services for non-p payment. Engineers shall notb bel liable, nork Ina anyw wayb ber responsible for Thisn mulualy waiver of consequentlal damagess shalll Include, butisn notl limitedt to, loss of use, losso of damages, delays ori increasedo costs thatr mayo occure as aresulto dfE Engineer'ss suspenslon ofservices. profit,! loss of! business, loss ofi income, loss ofreputalion anda any other consequential damages that Clients shall hoidh harmless, indemnify, anddefend Engineerf for clalms! thata arise duet loanys suspension, eitherp party mayh have incurredf froma anyo cause ofa actioni includingr negligence, strict liabilty, breachof 6.3 Itisfurther agreedt thatin thee eventa all lien ors suitisfi filedte toe enforce payment undert this agreement contracte and breacho ofs strictori impliedy warranty. Both Clienta andE Englneers shalln requires simllarv waivers Engineers shall ber reimbursed byo Clientf fora allo court costs andr reasonable atlomey'sf feesi ina additionte to afconsaquential damages protecling alll lhee entities ar personsr named hereinir ine allcontracts and  provislons hereofs shallremain int thet fullfo force ande offect, andb binding upont thep partles! hereto, re-perfoms suchs servicest to thee extentr necessaryt toc correctt thet fault thereiny without charget 10 Clientor damages! limited toi those amountss self forthl Inv Warranty, Liability, and Indemnification. $200,000 arsingo out orf forr relatingt to, thec contracto documenls ort thel breach! lhereof, shallb ber resolveda as 11.3 Awrittend demandi fori non-b binding mediation, whichs shalls specilyind delaill the facis oft thec dispute, 11.4 Non mediatlon, arbitration, arising outo oforr relatingt tot this agreement, shalll Include, by consolidation, Joinder orina anyo olher manner, anys additional person notap parlyto! this agreement exceptbyy wrilten consent containingas speclfic referencet lot this agreement, ands signedb byE Engineer, Client, ande any olher agreement 1o mediate, arbitrate (anda anya agreement! tor mediate, arbltrate) witha ana additional personor 11.5 Anyo disputet betweent thep parties! thati ist tober resolved bya arbitratlon shall bes seltleda and decided by Arbitration Rules ofthe American Arbitration/ Association, ast thenl Ine effeci. Anys such arbitrations shallbe datey when! Instilution ofl legal ore equilable) proceedings based ons such claim, dispute or others matter In 12.1 Itisu underslood thatt this agreement is validf forap periodofs sixty (60) days after whicht time, ifitis 13.1 Thes staledt tolalfe fee constitutes! Engineer's estimata ofthee effartr requiredi toc compiele the project as contingencyin! lts construclion budget fort unforeseen conditions, Imperfect documents, requirements of authorities! havingj jurisdiclion, and Client's owno changes. Client further agrees tor make no claim byv way ofdirecto or third-p partya action against Engineer ari is subconsullanisf for anyir increased costs within the 13.3 Engineer shallr notb ben responsible fort thec costore expense of constructingor: adding as componentor itemr mistakenly! lefto outo oft the Construction! Documents tothee extents sucho component or ilemy would have Contractor'st bido or proposal. Inr noe event willE Engneerb ber responsible for any costo ore expenset that  paragraph1 11.5.  Engineer's attentlon. OBSERVATIONS SERVICES  prevailing mediation, arbitrationl law.  12. VALIDITY  conditions. 5. TERMINATION. SUSPENSION expenses,  Engineer shallbep paldf fors services performedt tothet termination datep plusr reasonablet termination serviceso contemplaled! byt thes agreement, Englneer mayc completes sucha analysls andr records as are notice oft terminationo or suspension. Thee expenses oft lermination ors suspensions shalll Include allc costs of Engineeri inreporting, completedc dala, completings such analysisn records andr reports.  necessaryt toc completet thefi files andn mays also completes ar report ont thes services performed ont thec dalec of provides! bettermentoru upgrades ore enhances theF Project.  14. WARRANTY. LIABILITY, ANDI INDEMNIFICATION  officlals. 6. INVOICES. PAYMENTS, alld drawings withoutr recourse, 6.2 Paymentt to Engineer Isan materiatc accrueds serviced charges.  assisted Engineeri in renderingi itss servicesi inconnection witht thep projectf froma and against, allolaims, liabilites, costs, ande expenses, Including butr notll limitedt to, reasonable: attomey'sf feesa ando olher costs and expenses suffered, sustained orr requiredi tobep paidb by Engineer. Int thee even! Clienti isr requiredt tod defend or subconsultants: shall be liablot tot theo otherors shallr makea anyo claimfor anyi incldental, indirector  agrees! to payas service charge ofd one ando one-h half (1-1/2)p percent pern month (18% pera annum)o orf fraction witht thela lalestr revislons ofallp plans.  ofthis agreement. Therefore, Engineer has ar right consequential damages arising outo oforc connected! Ina anyv wayt tot theF Projecto ori lot this/ Agreement.  subcontracts with others involvedl Int thisp project,  12/2021    DocuSign Envelope ID: 13CBFABA-A240-4608-A22B-FB3-FB3DF24A7CD0  @ barryisett.com  BARRY VISETT& Lassociates:  DESIGN FIELD  PUBLIC  EXPERTISE  Project Management & Construction Services Civil Land Development  NINE  OFFICE LOCATIONS HEADQUARTERS o Allentown 1610.398.0904  B  Structural Engineering Mechanical /E Electrical / Plumbing Engineering & Fire Protection  Wyomissing 4 484.346.7640 Phoenixville 6 610.935.2175 Furlong 1267.454.2260 Mechanicsburg 1717.795.8575 Hazleton 15 570.455.2999 Wilkes-Barre |570.285.8200 Olyphant 570.497.8360 Stroudsburg 272.200.2050  SOUTHEAST CENTRAL NORTHEAST  Forensic Building Investigation  Environmental Consulting  Code Inspection & Plan Review  B  Geotechnical Engineering  Municipal Engineering Services General Municipal Transportation I MS41 Landscape Architecture  Water & Wastewater  E Construction Materials Testing  Survey  Grantsmanship    BOROUGH OF MACUNGIE Police Department 21 Locust Street Macungie, PA 18062  MACUNGI 1857,  Phone: (610)966-2222 Fax: (610)965-4878 www.macungiePd.org  TOPROTECTR SERVE POLICE  06-13-24  TO: MACUNGIE BOROUGH COUNCIL  FROM: SGT. KOCHER  RE: PT POLICE OFFICER APPOINTMENT  Macungie Police Department is recommending Raphael Rivera for PT Officer appointment  pending any further background investigation.  Mr. Rivera brings with him experience as a patrol Officer in the state ofDelaware. He recently completed all required Pennsylvania Police academy trainings, allowing him to be certified within the state. With proper training and guidence it is my hope he will become a valuable asset to the Borough.  Any questions/concers please let mel know.  Respectfully, / Sgt Travis Kocher    BOROUGH OF MACUNGIE Police Department 21 Locust Street Macungie, PA 18062  AACUNGI 1857  Phone: (610)966-2222 Fax: (610)965-4878 www.macungiepd.org  TO PROTECTASERVE POLICE  06-13-24  TO: MACUNGIE BOROUGH COUNCIL  FROM: SGT. KOCHER  RE: 30HR POLICE OFFICER APPOINTMENT  A (30) Thirty hour Police Officer position has become available within the department. Officer  Sabdiel Diaz, currently aj part-time Officer, has expressed interest in the position.  Officer Diaz has been a competent, reliable Officer and it is my hope he will continue to be a valuable Given his past work ethic and job performance, Iwould recommend Officer Diaz for appointment to the  asset to the Borough. 30 hour position  Any uestions/concerns please let me. know.  Respectfully,  Sgt Travis Kocher    Borough of Macungie  Financial Transaction Approval Form  Employee Section Date: 6/17/24  Name: John Brown  Item: iWorQ ZoningPermit software Date of Expenditure: July 2024 portali interface, forms, credit card payments etc.  Cost: $9.500.00annually  Account Name /Number: 1406.450 Contract Services  Description: upgrade: zoning departments permit software to expand utlity to include online customer Rationale / Project: Customer portal streamlines permit application, approval, delivery; reduces  significantly thet time required by zoning officer, admin to mange process  Check to indicate the Type of Expenditure MRevolving Services Subcontracting Services Equipment or Machinery Materials  Number of Attachments  Employee Signature  Borough Manager Decision MApproved Denied - Reasope  Ahhata Date: 6/17/2024  Borough! Manager Signature  /Approved and Prepared for Council's Decision - Date: 6/17/2024  2024 Budget transfer 414.1 120: ZoningCode Enforcement Officer to 406,450 Contract Svc $1000.00 covering remainder for 2024 (prorate cof urrent contract plus added incentives reduced incremental increaset to $1 1000.00i in2 2024).  Budgeted VTransfer Required  Council Decision JApproved Date: Denied - Date:  Water Authority Decision  Revised 04/11/2024    John Brown From: Sent: To: Subject:  John Brown Friday, June 7, 2024 2:53 PM Todd Ritter; 'Ronald Conrad' FW: Flagger Services  Ron Karboski; Greg Hutchison; John Yerman; Carl Sell; Barry Bloch; Robert Rozak. Jr;  Dear Council and Mayor, this weekend. Respectfully, John. A. Brown Borough Manager Borough of Macungie 21 Locust Street Macungie, PA 18062 P:610-966-2503 F:610-966-2788  Please see thet following email regarding flagger force services for the event being held at Macungie Memorial Park  Iwill placet this ont the. June 17agenda for ratification.  From: Macungie Park macineepaxPcmalcom Sent: Thursday, June 6,20243:10PM To:. John Brown mangeremacunpepau Subject: Re: Flagger Services  HiJ John,  lam working details with my contact at Premier Atlantic Group. It has been confirmed that they will be providing a At this point, time plani isf fort them to be at Main and Poplar starting at 8 am until amount 12pm on Saturday, June  COI listing Borough of Macungie and Macungie Memorial Park as additional insured.  8, 2024. Take care,  Amy Hillegass, Manager Macungie Memorial Park 50 North Poplar Street PO Box" 193 Macungie, PA 18062 610-966-4289 macunglepark.com  1