BOROUGH OF FOUNTAIN HILL COUNCIL MEETING MINUTES October 23, 2019 7:001 PM  Council members present were: Ms. Jordan, Mr. Blatt, Mr. Trotter, Mr. Atkinson, Mayor Gifford, Mr. Trabel, and Ms. Halleman. Also, in attendance were. Anthony Branco (Borough Manager), Cordula Voges (Finance Director), Pete Lehr (Solicitor), Ed Bachert (Police Chief), Jason Quarry Council President Atkinson called the meeting to order and asked for everyone to rise for the The documents listed below were provided to Council for the October 23, 2019 Council meeting:  (Public Works Supervisor) and guests. Mr. Ferencin was absent.  Pledge to the Flag.  1. Agenda for 10/23/2019  2. Minutes of September 17, 2019 Special Council Meeting 3. Minutes of September 18, 2019 Council Meeting  4. MinutesofOctober 7,2019 Council Meeting (will bei in your mail slots before: meeting)  5. Resolution 2019-33  6. Ordinance # 853 Municipal Authority 7. Ordinance # 854 Handicap Spaces, 1St reading 8. Proposal for the cleaning of Police & Adm. Offices 9. Request ofFH Elementary School to close Church St.  DRAFT MINUTES  Minutes of September 17, 2019 Special Council Meeting = DRAFT (Please submit Minutes of September 18, 2019 Council Meeting - DRAFT (Please submit revisions to Minutes of October 7, 2019 Council Meeting - DRAFT (Please submit revisions to Ms.  revisions to Ms. Voges in writing) Ms. Voges in writing) Voges in writing) PRESENTATIONS)  Ms. Mary Erdman, Vice President of League of Women Voters, Lehigh County and volunteer for Fair District. PA, presented the Fair District PA's work to make the 2018 PA Supreme Court  ordered redistricting process more transparent, impartial and fair.    5. PRIVILEGE OF THE FLOOR - Discussion on Agenda Items 1 none.  7. RESOLUTIONS  RESOLUTION NO. 2019-3 33  A RESOLUTION OF THE FOUNTAIN HILL BOROUGH COUNCIL IN SUPPORT OF A CITIZENS COMMISSION FOR LEGISLATIVE AND  CONGRESSIONAL REDISTRICTING  WHEREAS, the citizens oft the Borough of Fountain Hill in Lehigh County, and the Commonwealth of Pennsylvania deserve ai fair, fully transparent, impartial and depoliticized process oft the decennial drawing of state legislature and congressional districts ofnear equal  population; and  WHEREAS, legislative and congressional redistricting has at times resulted in gerrymandered  districts that favor one political party over others; and  WHEREAS, such gerrymandering ofl legislative and congressional districts has worked at times  to the detriment of our representative democracy; and  WHEREAS, the creation of a truly independent citizens redistricting commission devoid of political motivation or partisanship will: ensure a fair, transparent, and accurate legislative and congressional redistricting process that respects political subdivisions; prohibit districts from being drawn to favor or discriminate against a political party or candidate; require the use of impartial and sound methodology when setting district boundaries; require public input; and fully comply with the constitutional requirement that "no county, city, incorporated town, borough, township or ward" be divided "unless absolutely necessary," and  WHEREAS, legislation to amend the Pennsylvania Constitution to reform the decennial legislative and congressional redistricting process with the intent of using fairness and sound methodology in ai non-partisan fashion is required to ensure these reforms.  NOW,1 THEREFORE, BE IT RESOLVED that thel Fountain Hill Borough Council does hereby support legislative efforts to amend the Pennsylvania Constitution to assign the decennial task ofboth legislative and congressional redistricting to an independent citizens' redistricting  commission; and    BE IT FURTHER RESOLVED that we call upon all those elected officials and party leaders in the Commonwealth of Pennsylvania who represent the citizens oft the Borough of Fountain Hill toj publicly announce their support ofa and commitment to work towards passage of such legislative efforts, and that a copy oft this resolution be delivered to each oft them.  Motion  2nd X  Yes X X X X X X  No  Abstain Absent  Annamarie Jordan Francis Ferencin Norman Blatt Doug Trotter Leo. Atkinson Philip Trabel Helen Halleman Mayor Gifford  x  X  ORDINANCES  At7:30 pm Ms. Jordan made the motion to adjourn the regular Council meeting to commence the Public Hearing and Voting on Ordinance No. 853 to create a Stormwater Municipal Authority. Mr. Trabel seconded it and the motion passed unanimously.  Public hearing and Vote  Mr. Lehr summarized the legal process for creating the Stormwater Municipal Authority. Mr. Brian Ferencin asked how the areas that the fees will be based on are measured. Mr. Branco explained that the City of Allentown had created a geographic information system (GIS) map to provide GIS information on impervious areas. For example, the CityofAllentown: set as stormwater Mr. Zionelli asked to define "impervious area". Mr. Branco noted that impervious areas refer to  fee of $20/500 sf. impervious area.  land that is covered by features that cannot absorb water.  ORDINANCE NO. 853  ANORDINANCE OF THE BOROUGH OF FOUNTAIN HILL, LEHIGH COUNTY, PENNSYLVANIA, CREATING A STORMWATER MUNICIPAL/ AUTHORITY FOR THE PURPOSES OF MANAGINGSTORMWATER ISSUES  WITHIN' THE BOROUGH    WHEREAS, the Borough of Fountain Hill finds that stormwater management is necessary to protect the general health, safety, and welfare of the residents of the Borough. Therefore, the Borough of Fountain Hill determines thati itisi in the besti interest of the public to create a Municipal Authority for the purposes of managing stormwater  systems within the Borough.  NOW THERFORE, BE IT DULY ENACTED and ORDAINED by the Borough  Council of the Borough of Fountain Hill:  1.  The Borough of Fountain Hill hereby signifies its intention and desire to organize  an Authority under the Act of May 2, 1945, P.L. 382 and its amendments, and known as the  "Municipality Authorities Act of1945."  2.  The President and Secretary of the Borough Council are hereby authorized and  directed to execute, on behalf oft the Borough of Fountain Hill, Articles of Incorporation for said  Authority in substantially the following form:  ARTICLES OF INCORPORATION  TOTHESECRETARY OFTHE COMMONWEALTHOF: PENNSYLVANIA  In compliance with the requirements of the Act of May 2, 1945, P.L. 382 and its amendments known as the Municipality Authorities Act of 1945" the Borough of Fountain Hill, a municipal corporation located in the County of Lehigh and Commonwealth of Pennsylvania, desiring to incorporate an Authority thereunder, does hereby certify: 1. The name of the Authority is Fountain Hill Stormwater Authority, its registered office being Borough Hall, Fountain 2. Said Authority is formed under the provisions of Act of May 2, 1945, P.L. 382 and its amendments, known as Municipality 3. No other Authority has been organized under the Municipality Authorities Act of1945 or under the Act, approved the 29th day ofJune, 1935, P.L. 463, and none is in existence in or for the Borough of Fountain Hill, the incorporating municipality. 4. The name of the incorporating municipality is the Borough of  Hill, Pennsylvania.  Authorities Act of1945".  Fountain Hill.    5. The names, addresses and terms of office of the first members oft the Board of Authority to be formed hereby are as follows:  NAME Council President or designee 2 years Ms. Annamarie Jordan Mr. Thomas Lansek Ms. Kelsey Morison Mr. Patrick Figueroa  TERM 5years 4years 3 years lyear  6. The project or projects to be undertaken by said Authority shall be projects permitted and authorized by the laws of the Commonwealth of Pennsylvania as the Borough of Fountain Hill may from time to time by Resolution or Ordinance specify. 7. A certified copy of the Ordinance of the Borough of Fountain Hill authorizing the creation of said Authority, together with proof of publication of Notice of Filing of these Articles of 8. The existence of the Authority shall terminate fifty (50) years from the date of filing, unless extended by an amendment to IN WITNESS WHEREOF, the Borough of Fountain Hill, the incorporating municipality have caused these Articles to be executed by its proper officers and have caused to affixed hereto the municipal seal of said incorporating municipality  Incorporation, are each submitted herewith.  these. Articles of Incorporation  this  day of  A.D.,2019.  3.  The President and Secretary of the Borough Council are further directed to cause a  notice ofthes substances ofthis Party, including thes substance ofthe above. Ariclesorincorporation and of the proposed filing of the above Articles of Incorporation to be published once in the Morning Call, a newspaper published and of general circulation in the County ofI Lehigh, and in the Lehigh Law Journal, as directed by the Municipalities Authorities Act of 1945 and its  amendments. 4.  The President and the Secretary oft the Borough Council are directed to file the said  Articles ofIncorporation, together with the necessary proofs of publication, with the Secretary of the Commonwealth, and to do all other acts and things necessary or appropriate to effect the    incorporation of the "Fountain Hill Stormwater Municipal Authority," including the payment of  any filing fees in connection therewith.  5.  The initial project to the undertaken by the Authority shall be: a. Ton manage the stormwater issues affecting the Borough.  b. This Borough requests the Authority to undertake and consummate the initial project specified in Section 5(a) with all reasonable dispatch and diligence. :. This Section shall not be construed to preclude this Borough from specifying other projects, by future action of this Borough, which may be undertaken by the d. Enactment oft this Section is deemed necessary for the benefit of and preservation ofthe public health, peace, comfort and general welfare of citizens ofthis Borough  Authority.  and will increase the prosperity of citizens oft this Borough.  GENERAL REPEALER  All ordinances or parts of ordinances, and all resolutions or parts of resolutions,  inconsistent herewith shall be and are. herewith repealed.  SEVERABILITY  The provisions of this Ordinance are severable. Ifany provision, sentence, clause, phrase, section or part thereof shall for any reason be found unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, phrases, sections, or parts thereof, but the same shall remain in effect. Iti is hereby declared to be the intent of the Borough of Fountain Hill that this Ordinance shall stand notwithstanding the invalidity of any part  included herein. EFFECTIVE DATE  The provisions of this Ordinance shall become effective in accordance with the Borough Code, 8 Pa.C.S.A. $3301.3, the date when the Mayor approves the Ordinance, or the date of enactment by the Council over the veto of the Mayor, or for an Ordinance not returned by the Mayor at the next scheduled meeting of council occurring at least ten days (10) after the meeting at which the Ordinance was enacted by the Council, the date  of the succeeding scheduled meeting of Council.    Motion  2nd  Yes X x X x X  No  Abstain Absent  Annamarie Jordan Francis Ferencin Norman Blatt Doug Trotter Leo. Atkinson Philip Trabel Helen Halleman Mayor Gifford  x  X  X  At7:45 pm Mr. Blatt made the motion to reconvene for the public Council meeting, Ms,  Jordan seconded it, and the motion unanimously passed.  First Reading  ORDINANCE NO.854  AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE BOROUGH OF FOUNTAINHILL, CHAPTER 15, PART3 3, SECTION 302 (c)(3), TO ADD CERTAIN BE IT ORDAINED by the Borough Council of the Borough of Fountain Hill, Lehigh County, Commonwealth of Pennsylvania, that Chapter 15, Part 3, Section 302(c)(3), shall  HANDICAPPED PARKING SPACES  bea amended as follows:  ADD: STREET Russell Avenue Russell Avenue  SIDE Front Front  LOCATION 1220 1229  2. GENERAL REPEALER. AII Ordinances or parts of ordinances, and all resolutions or part of resolutions, inconsistent herewith shall be and are herewith repealed. 3. SEVERABILITY. It is hereby declared to be the legislative intent that if a court of competent jurisdiction declares any provisions of this Ordinance to be invalid or    ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Ordinance shall continue to be separately and fully effective. Borough Council hereby declares that it would have passed this Ordinance and each section or part thereof, other than any part declared invalid, ifit has advance knowledge 4.PROCEDURAL DEFECTS INI ENACTMENT. Any procedural challenge shall be filed 5.1 ENACTMENT. Under Authority of Law, Borough Council of Fountain Hill hereby enacts and ordains into an Ordinance the attached documents this date of February 20, 2019. Thej provisions of this Ordinance shall become effective immediately from the date  that any part would be declared invalid. ina accordance with applicable law.  of passage of this Ordinance. Annamarie Jordan Francis Ferencin Norman Blatt Doug Trotter Leo Atkinson Philip Trabel Helen Halleman Mayor Gifford MOTIONS  Motion  2nd  Yes X x X X X  No  Abstain Absent  X  X  x  x  Proposal for cleaning the Police Department and the Administrative offices (Ms.  Meri Hagan's Proposal for Cleaning)  Motion  2nd X  Yes X X X X X X  No  Abstain Absent  Annamarie Jordan Francis Ferencin Norman Blatt Doug Trotter Leo. Atkinson Philip Trabel Helen Halleman Mayor Gifford  x  x    OLD BUSINESS - none.  DISCUSSION ITEMS (NEW BUSINESS)  Request by Fountain Hill Elementary School to close church St. between Forrest St. & Greene Court on Thursday October 31 from 61 PM1 to 81 PM foras safe Trick or Treat  in the school building.  Motion  2nd X  Yes X X X X X X  No  Abstain Absent  Annamarie Jordan Francis Ferencin Norman Blatt Doug Trotter Leo Atkinson Philip Trabel Helen Halleman Mayor Gifford  X  X  Mayor Gifford reminded of the Borough's Trick or Treat event on Friday, October  25, 2019, between 6 and 8 pm.  PRIVILEGE OF THE FLOOR - Discussion on Non Agenda Items  Mr. and Mrs. Gentile are the owners ofa"2 Story Converted 1St Floor Store" on 1223 Broadway. They inquired about having part of it re-zoned to be used for a small neighborhood grocery store especially in light of parking requirements. They were  referred to the Zoning Board to request a variance for parking.  The Borough Manager mentioned that the City of Bethlehem allows businesses without parking facilities. He asked Council for permission to research the same application "to eliminate direct  street parking" as currently required by Borough Ordinance.  Motion  2nd X  Yes X X X X x X  No  Abstain Absent  Annamarie Jordan Francis Ferencin Norman Blatt Doug Trotter Leo Atkinson Philip Trabel Helen Halleman Mayor Gifford  X  X    Mayor Gifford also recommended to contact the Fountain Hill Business Association for advice on  this matter.  Mr. Hatch on 1220 Broadway reported that an "abandoned" vehicle - without a current inspection sticker has been parked on the street in front ofhis house. Chief Bachert explained that a vehicle can only be marked "abandoned" and towed Mr. McCandless of 1011 Pawnee Street reminded that the August 21, 2019 Council  ifit is not registered.  Minutes have not been posted on the Borough's website yet.  EXECUTIVE SESSION: - ADJOURNMENT  At 8:10 pm Ms. Jordan made the motion to retreat to an executive session and also adjourn the regular Council meeting. Mr. Trabel seconded it and the motion passed unanimously.  BOROUGH OF FOUNTAIN HILL LEHIGH COUNTY, PENNSYLVANIA Leo Atkinson - President of Council  By:  SUBMITTED BY By: ATTEST: By:  Cordula Voges, Finance Officer  Anthony Branco, Borough Manager  Next Resolution - 2019-34 Next Ordinance - #855