MINUTES BOROUGH COUNCIL June3,2024 7P.M.  The Council Meeting was held in person at Borough Hall. Council members present were Ms. Jordan, Ms. Johnson, Mr. Trotter, Mr. McCandless, Mr. Blatt, Mr. Trabel, Mayor Johnson, Amy Burkhart (Borough Manager), Jill Fessler (Finance Director), Mr. Sheppard, (Solicitor), and guests  were also in attendance. PLEDGE OF ALLEGIANCE Pledge to thel Flag.  Council President McCandless called the meeting to order and asked evéryone to: rise for the Council President McCandless announced that on Thursday, May 23rd, at11 A.M., the council held an Executive Session called by our Solicitor regarding pending Burke litigation. He explained  that this is for informational purposes.  MINUTES  Council President McCandless asked the Council to approve the minutes from May 22, 2024.  Ms. Johnson made the motion, seconded by Mr. Trabel:  Motion 2nd  Yés X X X X X X  No  Abstain Absent  Annamarie. Jordan Jamie. Johnson Wilbert Rufe Doug' Trotter Philip Trabel Stewart McCandléss Norman E. BlattJr, MayorVohnson.  x  X  X  PRIVILEGE OF THE FLOOR/ PRE-SCHEDULED:  Joseph Rentko, an engineer from Black Forest Engineering, attended the meeting for the applicant'owner of960 Broadway, an existing strip mall with a commercial building ini its front corner. The applicant wants to convert the smaller commercial building into ai residential property. Mr. Rentko explained that the SALDO definition ofLand Development could be interpreted in a way that would require a land development application. Mr. Rentko completed a waiver request based on SALDO, which allows a waiver tol be acceptable by the council if the Land Development Review oft the project is considered unreasonable due to1 the small size or limited impact ofthe development. The applicant's proposal fits the bill ofas small size or limited    impact development, as the property already has sidewalks, is fully paved, and is an existing structure. Mr. Rentko submitted the waiver request to the council and explained that the applicant is ready to submit building plans and zoning permits for the work inside the building. Borough Manager. Burkhart confirmed that Rocco Beltrami had completed a1 memo forwarded to Mr. Chupella, but it was late in the day. Mr. Rentko confirmed that they had already completed the waiver. Mr. Rentko believes the council has the right to waive thel Land Development Process before submitting an application, as they have done in Hanover Twp. Mr. Rentko clarified that the waiver asks the council not to: make us go through thel Land Devélopment Process based on the size and scope ofthe project. We wouldn'thave to submit an application. Borough Manager Burkhart clarified that the application requirement. is part of the Municipal Planning Code and not the Borough's SALDO. Attorney Rocco Beltrami's intérpretation suggests submitting the waiver as part ofthe. Land Development application. Mr Shéppard, the Solicitor, agreed with the Borough Manager, stating that the application should. go through the proper channels and be reviewed by the Planning Commission. Mr. Rentko disagreed with the Borough's interpretation. Mr. Cramer stated that there is zero land development, while Mr. Blatt stated that it is the opinion oft the Solicitor that the project meets the definition ofLand Development. Ms. Johnson explained that the property isi moving from al business purpose to a residential purpose, increasing water and waste usage. She believed it would bej part ofthel Land Mr. Rentko inquired about how he could àssist with the project. Ms. Burkhart explained that the Planning Commission is the most frequent review organization for Land Development, andt they are the best group to determine ifa waiver is warranted. The council would value their recommendation. Mr. Blatt requested Mr. Cramer to return tonight which gave time for Council tor receive input from the Solicitor, Council President McCandless explained that wej promised to provide an answer on the project's direction. Mr. Sheppard suggested thej project should go through thej proper channels, following Solicitor Rocco Beltrami's memo. Council President McCandless's opinion is to follow the recommendations of our Solicitor and go through the Michelle Carroll, a resident of 1340 Stanley Ave, discussed the issues at thej park with the Council, She cited complaints about fireworks, fires, and out-of-control children. She also mentioned that parents who bring their children cannot bring them to the park. The issue is ongoing and. açcurs nightly. Robyn Bleicher, ai resident of1340 Stanley Ave, mentioned that the problem occurs between 91 P.M. and 10P.M., with more children coming to the basketball court. Mr. Blatt suggested that ift they are there after 9P.M., they should call thej police since the court isclosed. Ms. Bleicher suggested more police presence. Council President McCandless emphasized that the situation depends on the borough's situation and advised against confronting thei issue. He asked the residents to continue calling the police and attending council meetings. MAYOR'S REPORT- - Mr. Johnson announced that he wanted to thank Council President McCandless, Jason and his crew, thel Police, Fire Department, EMS, the Broughal Band, Mr. Stoltz, and everyone who came out to the Memorial Day Celebration. We had a very nice turnout, and it was a1 nice day. As ar reminder, the park will open on Monday, and the pool will  Development application and the SALDO.  Planning Commission.    open on Thursday. There is going tol be al lot toftraffic. Please watch out for children on bikes, skateboards, and scooters. Lastly, ifyou are out walking your dog, please clean up after your  dog.  BOROUGH MANAGER'S REPORT  Pool Updates Borough Manager Burkhart announced that wel have motions to approve hiring assistant managers and the conditional offer for the manager and additional lifeguards. She also announced that we: need to replace the aquatic lifts at thej pool. We arel looking forward to building a strong aquatics program. We may have a few positions available. Ifyou know anyone who isi interested, please forward them our way Wel had a meeting on Sunday with the leadership at the pool. Mr. Trabel asked ify we had enough lifeguards. Ms. Burkhart explained that after this evening, we will have fourteen SALDO Waiver Updates - Borough Manager Burkhart reported that this' has already  lifeguards. been discussed. NEW BUSINESS  Review oft the 20241 Borough Street Project: Lechauweki Ave and Brighton Streets - Borough Manager Burkhart explainèd that Jill Smith submitted a letter to the Council regarding the review ofthis 2024 Borough Street project. She reported that we received seven bids. You will see ai motion in tonight'si packet regarding awarding that bid. Ms. Smith recommends awarding the bid to GoreCon, Inc. for $180,555.89. Pool Lifts Borough Manager Burkhart explained that ai memo in their packet regarding the aquatic lifts includes the pricing, IfIt's Water is a CoStars vendor. So, the $13,43610.ouldmel the bidding requirements because oft the CoStars program. This purchase will replace two oft the lifts at the pool required for ADA accessibility. Mr. Trabel asked what they were for. Borough Manager Burkhart announced that they are to assist people in wheelchairs or have limited: mobility to help them into the pool since we doi not have a zero-entry pool. Mr. Blatt explained that they were purchased for us by the Legion twelve years ago. Ms. Johnson explained that we: must have those for ADA  compliançe.  RESOLUTIONS FOR FINAL: PASSAGE-NONE ORDINANCES FOR FINAL PASSAGE-NONE  MOTIONS  Request Council to approve thel hiring ofIris Kale and Ethan Ferris as Seasonal Temporary Assistant Pool Managers for the 20241 Pool Season at an hourly rate of $22.50/hour contingent on the submission ofa all necessary employment documentation.    Council President McCandless asked the Council to approve thel hire ofIris Kale and Ethan Ferris as Seasonal Temporary Assistant Pool Managers fort the 2024] Pool Season at an hourly rate of $22.50/hour contingent on thes submission of all necessary employment documentation. Mr. Trotter  made the motion, seconded by Mr. Trabel, and unanimously approved.  Motion 2nd  Yes X X X X X X  No  Abstain Absent  Annamarie. Jordan Jamie Johnson Wilbert Rufe Doug' Trotter Philip Trabel Stewart McCandless Norman E. Blatt. Jr. Mayor. Johnson   X  X  X  4 .  Request Council approve the Conditional Offer ofEmployment, to. James Zhang as the Temporary Seasonal Pool Manager at a Seasonal Rate of$7,250) which projects 251 hours per week over 12 weeks at ai rate of $25.00 per hour. The Conditional Offer includes a definition ofEmergency Time that would pay oft time and al half and includes a definition for  Additional Hours ai rate of $25,00 per hour.  Mr. Trabel asked ifh he was a full-time employee. Borough Manager Burkhart explained that he works 25 hours weekly as a seasonal employee. Mr. Blatt wondered ift there are guidelines in place for hours over 25. Borough Manager Burkhart announced that there are guidelines for when emergency, time would be put in place tol be called on-site with less than 24 hours advanced noticé, He will néed the Borough Manager's approval. Borough Manager Burkhart will be monitoring thet times and schedules. Ms. Johnson explained that this was fewerl hours than we anticipated. He was supposed to be full-time. Mr. Blatt made the motion, seconded by Mr.  Trabel, and unanimously approved.  Motion 2nd  Yes X X X X X X  No  Abstain Absent  Annamarie Jordan Jamie. Johnson Wilbert Rufe Doug Trotter Philip Trabel Stewart McCandless Norman) E. Blatt. Jr. Mayor Johnson  X  X  X      Request Council approve the hiring of the following individuals as Seasonal Temporary Lifeguards for the 2024 Pool Season at a rate of $18/hour contingent on the submission ofa all  necessary employment documentation.  Ryan Monahan Brandon Stout Jayden Macon  Jonathan. Ahner Angel Alamo Daniel Lanning  Sean McGuire  Council President McCandless asked the Council to approve the hiring of the following individuals as Seasonal Temporary Lifeguards for the 2024 Pool Season at a rate of$18/hour contingent on the submission ofa all: necessary employment documentation, Ms. Johnson made  the: motion, seconded by Mr. Trabel, and unanimously approved.,  Motion X  2nd  Yes X X BA X X X X  No. Abstain Absent  Annamarie Jordan Jamie Johnson Wilbert Rufe Doug Trotter Philip' Trabel Stewart McCandless Norman E. Blatt Jr. Mayor. Johnson  X  x %  Request Council approve the employment ofTemporary Seasonal Employees: in  alternate positions at the following rates:  Pool Cashier- $12.00/hour Recreation Assistant $15.00/hour  Council President McCandless asked the Council to approve the hiring ofTemporary Seasonal Employees in altérnate positions at the following rates: Pool Cashier $12.00/hour and Recreation Assistant $15.00/hour, Ms. Johnson made the motion, seconded by Mr. Trabel, and unanimously  approved.  Motion 2nd X  Yes X X X X X X  No  Abstain Absent  Annamarie. Jordan Jamie. Johnson Wilbert Rufe Doug Trotter Philip Trabel Stewart McCandless Norman E. Blatt. Jr. Mayor. Johnson  X  X    Request Council approve the award ofthe 20241 Borough Street Project: Lechauwelci Avenue and Brighton Street to. GoreCon, Inc in the amount of$180,555.89. Council President McCandless asked the Council to award the 2024 Borough Street Project which including Lechauweki Avenue and Brighton Street to GoreCon, Inc int the amount of $180,555.89. Ms. Jordan made the motion, seconded by Mr. Trotter, and unanimously  approved.  Motion 2nd X  Yes X X X X X X  No Abstain Absent  Annamarie. Jordan Jamie Johnson Wilbert Rufe Doug Trotter Philip' Trabel Stewart McCandless Norman E. Blatt Jr. Mayor Johnson  X  X  Request Council approves the purchase oftwo (2) Motion Trek BP: 350. Aquatic Lifts from IfIt's Water, Inc for a total purchase price of$13,436.10. IfIt's Water, Inci isa Council President McCandless asked the Council to approve the purchase of two (2) Motion Trek BP 350. AquatiçLifts from IfIt's Water, Inc for ai total purchase price of $13,436.10. If It's Water, Inc is a CoStars Vendor. Mr. Trable made the motion, seconded by Ms. Johnson,  CoStars Vendor.  and unamimouslyapprovad,  -  Motion  2nd X  Yes X X X X X X  No Abstain Absent  Annamarie Jordan Jamie Johnson, Wilbert Rufe Doug' Trotter Philip Trabel Stewart McCandless Norman E. Blatt Jr. Mayor. Johnson OLD BUSINESS-NONE  X  X  COUNCIL PRESIDENT'S REPORT - Council President McCandless thanked everyone who came out for Memorial Day, everyone who assisted Ms. Johnson, and Mayor Johnson. It was a  :    great program. Thank you to thel band and all the speakers who attended. Thel Park will open int the SOLICITOR'S REPORT- -Mr. Sheppard announced that wel have twoi items to discuss. Update to Elementary School Project: Mr. Sheppard explained that there will be al Planning Parking Easement Agreement 950-960 Broadway: Mr. Sheppard explained that wel had an update on the 950-960 Zoning Hearing Board matter. The applicant filed for a special exception for a convenience store. The applicant needs to show at the Zoning Hearing Board meeting in  morning on June 10th, and thej pool will open at noon on the 13th.  Commission meeting next Monday, and Solicitor Berger will attend.  June that the use won'tviolate the health and safety oft the community.  COMMITTEE REPORTS  A. Finance  (Trotter, Blatt, Jordan)  Mr. Trotter motioned to pay the bills as presented, seconded by Ms. Jordan, and  unanimously approved.  Motion  2nd, X  Yes X X 5 X X X X  No Abstain Absent  Annamarie. Jordan Jamie. Johnson Wilbert Rufe Doug' Trotter Philip Trabel Stewart McCandless Norman E. BlattJrs Mayor Johnson  X  X  B. Public Works  (Jordan, Trotter, Rufe)  Ms. Jordan turned: it over to. Mr. Quarry. Mr. Quarry had nothing to report.  C, Police  (Blatt, Trotter, Johnson)  Mr. Blatt said that we. have: nothing to report.  D. House & Ordinances  (McCandless, Rufe, Jordan)  Council President McCandless reported that we are working on the handicap and weed ordinance. We should have something inj place by the 1st meeting in. July.  E. Fire  (Trabel, Rufe, McCandless)    Mr. Trabel announced that the average: number ofr members called out was 4.7, the total number of calls was 61.73, and the total number year-to-date was 101. We  have 17 active members. F. Recreation  (Johnson, Rufe, Trabel)  Ms. Johnson thanked residents for theiri input on thej park and urged them to call the police for backup ift they notice any issues. Thej park's morning program will begin on Monday, June 10th, from 9: a.m. to noon, and the evening program will begin on Monday, June 17th. Ms. Johnson mentioned that thej police department union doesn't have aj problem with hiring security due to a staffing shortage. Mr. Blatt inquired about security at the pool, and Ms. Johnson suggested adding some hours for security. She emphasized the authority ofliféguards and gates, making it easier to enforce. rules. While the pool has staff during open hours, the Mr. Blatt inquired about the start oft the park evening program since it begins the following week. Ms. Johnson explained that due to the staffing and security issues, we wanted to make sure that wel had the authority to get staffing before Council President McCandless asked the Council to approve the hiring of outside security, Ms. Johnson made a motion and seconded' by Mr. Blatt, and Ms. Jordan explained that she was saying yes because we: need toj protect the people and the children, and wei need toj provide security for the people who live there. Mr.Blatt said that although this isn'th budgeted, he feels it is essential to  park program ini the evening is more necessary,  starting thej program.  unanimously approved.  have security,  Motion X  2nd  Yes X X X X X  No Abstain Absent  Annamarie Jordan Jamie Johnson Wilbert Rufe Doug' Trotter Philip Trabel Stewart McCandless Norman E. Blatt Jr. Mayor Johnson  X  X  3:3    G. Health & Sanitation  (Rufe, Johnson, Trabel)  Council President McCandless read the May Sewer/Garage collection reports. Mr.  Blatt requested a collection update from Norris Mclaughlin.  H. Personnel II ITCommittee  (Trotter, Blatt, Jordan) - NONE (Johnson, Rufe, Jordan) - NONE  SPECIAL OR SELECT COMMITTEES - Mr. Zovko, 507 Green Court, was here for the Fountain Hill Community Coalition. Wel have been spending money" on scholarships. He inquired about Mr. Brice and whether he wasl hired. Borough Manager. Burkhart explained that he Washired Mr. Zovko wanted to thank you for fixing up the pool and for our volunteers. Hei mentioned that hel had a meeting with the Borough Manager a few weeks ago. We want to encourage activities at the pool. Wel have some projects that we would like to discuss with the Borough after the pool has Mr. Blatt asked about ai movie night. Mr. Zoyko explained that they would like toj plan this event again but at the pool. This is under the venue oft the pool manager and the coalition'st manager.  and approved in a previous meeting.  been opened for al little while.  LIBRARY-NONE  PRIVILEGE OF THE: FLOOR-Discussiont on, : Non Agenda Items NONE  EXECUTIVE SESSION  Council President McCandless announced that an executive session would be held after Mr. Zovko asked ift the coalition could donate a refrigerator for the lifeguard room. He explained that the request came from one of our lifeguards. Borough Manager Burkhart requested that Mr. Zovko refer the employee to thel Borough Manager and the council. Mr. Quarry explained that we  adjournment The council agreed that this session wasn't: needed.  would get, a réfrigerator: for them, ADJOURNMENT  At 8:06 pm Council President McCandless asked to adjourn the Council meeting. Ms. Johnson  made the motion, seconded by Mr. Trabel, and unanimously approved.    Motion 2nd X  Yes X X X X X X  No Abstain Absent  Annamarie Jordan Jamie Johnson Wilbert Rufe Doug Trotter Philip' Trabel Stewart McCandless Norman E. Blatt Jr. Mayor Johnson ATTESTED BY:  X  X  BOROUGH OF FOUNTAINHILL LEHIGH COUNTY, PENNSYLVANIA  By: A3  Amy Burkhart, Borough Manager  Stewart McCandless - President ofCouncil  SUBMITTED BY:  Jill Fessler, Finance Director  Next Ordinance- - 883 Next Resolution - 2024-14