BOROUGH OF FOUNTAIN HILL COUNCIL MEETING MINUTES November 8, 2018 7P.M.  Council members present were: Ms. Jordan, Mr. Atkinson, Mr. Blatt, Mr. Trotter, Mayor Gifford, Mr. Trabel, and Ms. Halleman. Also, in attendance were. Anthony Branco (Executive Administrator), Cordula Voges (Finance Officer), Mr. Gildner from Keystone Technologies, and Mr. Blatt, the Vice President ofCouncil, called the meeting to order and asked for everyone to rise Mr. Blatt asked Council for approval of the minutes of the September 19, 2018 and October 1,  guests. Council President Rapp was absent.  for the Pledge to the Flag.  2018 meetings. They were unanimously approved per below:  Minutes September 19, 2018 Annamarie Jordan Leo. Atkinson Norman Blatt Doug Trotter Larry Rapp Philip Trabel Helen Halleman Mayor Gifford Minutes October 1, 2018: Annamarie Jordan Leo. Atkinson Norman Blatt Doug' Trotter Larry Rapp Philip Trabel Helen Halleman Mayor Gifford  Motion X  2nd  Yes x x X X X X  No  Abstain Absent  X  Motion x  2nd x  Yes x x X x x X  No  Abstain Absent  PRIVILEGE OF THE FLOOR - Discussion on Agenda Items - none.  MAYOR'S REPORT  Thei mayor read the October 2018 Police Report.    Mayor Gifford reminded oft the upcoming November 24, 2018 Fountain Hill Small Business The borough of Fountain Hill is coordinating with American Legion Post 406 to hold a Veterans Day celebration including the unveiling of a new permanent Veterans Monument at 1 p.m. on  Saturday hosted by The Art Establishment and three (3) others.  Sunday, Nov. 11, 2018 at the Stanley Avenue Memorial Park.  PRESENTATIONG)  EXECUTIVE ADMINISTRATORS REPORT  Request by Tom Redding to appoint Albert Rohrbach as Temporary Deputy Tax  Collector for approximately three (3) weeks in January 2019.  Motion  2nd x  Yes x X X X X X  No  Abstain Absent  Annamarie Jordan Leo Atkinson Norman Blatt Doug Trotter Larry Rapp Philip Trabel Helen Halleman Mayor Gifford  x  X  Slaffrecommendation to hire Keystone Technology, LLC (Keystone) as the Borough'sITs supplier. Mr. Andrew Gildner of] Keystone answered some questions.  Motion x  2nd  Yes x x x X x x  No  Abstain Absent  Annamarie Jordan Leo. Atkinson Norman Blatt Doug Trotter Larry Rapp Philip Trabel Helen Halleman Mayor Gifford  x  X  Lehigh County Offer to supply personnel from Corrections for Community Service  such as raking leaves, pulling weeds.  Ms. Jordan asked to table the decision on this offer after discussing with the Public Works  Department.  Mr. Casey Roncoroni announced his resignation from the Planning Commission.  Council accepted his resignation.  Motion X  2nd x  Yes x X X  No  Abstain Absent  Annamarie. Jordan Leo. Atkinson Norman Blatt    Doug Trotter Larry Rapp Philip Trabel Helen Halleman Mayor Gifford RESOLUTIONS - none. ORDINANCES  X  ORDINANCE! NO.845 BOROUGH OF FOUNTAIN HILL LEHIGH COUNTY, PENNSYLVANIA  AN ORDINANCE OF THE BOROUGH OF FOUNTAIN HILL, LEHIGH COUNTY, PENNSYLVANIA, ADOPTING PROCEDURES, ANDI FEE SCHEDULES FOR COLLECTION OF DELINQUENT ACCOUNTS ASSOCIATED WITH SEWER AND SOLID WASTE CHARGES, AND REFERRALS TOTHE: BOROUGH SOLICITOR FOR THE FILING OF MUNICIPAL, LIENS AND ENFORCEMENTTHEREOF RELATINGTO  DELINQUENT ACCOUNTS  WHEREAS, the Borough of Fountain Hill (the "Borough") is al Municipal Corporation operating under the WHEREAS, the Borough imposes certain sewer: rentals and residential and commercial solid waste fees as WHEREAS, the Borough has certain delinquent accounts (the "Account(s)") associated with sewer and WHEREAS, the Borough had engaged Northeast Revenue Service, LLC as ai third party agent for purposes ofcollecting accounts, however, it has notified the Borough that it no longer wishes to serve in that capacity; and WHEREAS, the Borough desires to authorize the Office of the Executive Administrator. Secretary of the Borough (the "Borough OEA") to collect the Accounts, and to refer said Accounts to the Borough Solicitor for the WHEREAS, the Borough engages Norris McLaughlin, P.A. with a place of business located at 515 W. Hamilton Street, Suite 502, Allentown, PA 18101, and which also serves currently as the Borough Solicitor for the purposes of filing any municipall liens and execution thereof upon referral by the Borough OEA in connection with WHEREAS, the Municipal Claims and' Tax Lien Act (the "Act"), 53P.S. $7101, et seq., authorizes the addition of"charges, expenses and fees incurred in the collection of any delinquent. account" to the total amount WHEREAS, the Borough desires to establish an orderly and consistent procedure for the collection of unpaid sewer and solid waste charges owed toi it by the residents and/or property owners of the Borough. NOW, THEREFORE, BE IT ENACTED and ORDAINED by Borough Council oft the Borough of Fountain Hill, that thel Borough Account Collection Procedure and Fees shall be as set forth below:  Pennsylvania Borough Code, 81 Pa.C.S.A. 101, et seq.; and  well as other lawful assessments on Borough residents and properties; and solid waste charges and desires to collect said Accounts; and  purposes of filing any municipal liens and execution thereof; and  the Accounts; and  payable with respect to unpaid sewer rentals ands solid waste charges; and    1. 2. 3.  The Borough OEA isl hereby charged with the duty of collecting delinquent accounts associated Thel Borough Solicitor is hereby charged with the duty of filing any municipal liens and execution  with sewer and solid waste charges, and is authorized to adopt such regulations as may, in its discretion, seem fit and thereof upon referral by the Borough OEA in connection with the above-referenced delinquent accounts.  proper, subject to the approval ofl Borough Council.  Collection Procedures. The following collection procedures are hereby  established tol be the policy oft the Borough: consecutive calendar quarters.  a. b. C.  An account. shall be considered for collection when it has been delinquent for two (2) The OEA shall make reasonable efforts to collect the account, which include, but are not In appropriate cases, the OEA shall accept offers by a delinquent account holder to  limited to, contacting the delinquent account holder by telephone, and/or by mail.  establish a reasonable payment plan tos satisfy outstanding balances; provided, however, that if the nature oft the delinquent account involves ai municipal "claim" as defined by the Act, no payment plan shall exceed six (6) months from the date that the service giving rise to the claim occurred, as the Acti imposes as six (6) month statute of limitations on municipal "claims." In the event that there is a question as to whether the delinquent account is subject to this six (6) month statute ofl limitations, the OEA shall consult with the Borough Solicitor to ensure that authorized to exercise all reasonable and legal remedies provided by law andi including, but not limited to, the Act and Ordinance No. 752 relating to the collection of sewer rents. Actual out-of-pocket expenses in connection with any collection action, such as for postage, non-Sheriff service ofp process, investigation oft the whereabouts of interested parties and other necessary expenses shall constitute reimbursable expenses as part of each claim  thes statute of limitations does not run.  d.  Ifa delinquent account is not rendered current by the account holder, then the OEA is  recovered.  e. f.  In accordance with the Act, the OEA is authorized to refer delinquent accounts to the The OEA shall immediately notify thel Borough Solicitor upon receipt of all: (a) petitions  Borough Solicitor for the purposes of filing a municipal lien, aj praecipe / writ of scire facias, and a writ of execution or" "proof of claims" for bankruptcy that concern: a delinquent account; and (b) notices of sheriff sale, judicial sale, or  and/or Sheriff: sale.  tax sale that concern: a delinquent account.  4.  Schedule of Fees. Pursuant to the Act, the Borough hereby adopts the following schedule of  attorney's fees in connection with the collection of municipal claims/ / liens, as follows:  a. b. C.  Preparation and filing oft the municipal lien, thes sum of$250.  Preparation and filing of thel Praecipe/Writ of Scire Facias and preparation and filing of Preparation and filing of the Writ of Execution/Sherif's Sale of property, including  the Default. Judgment, the sum of$500. and service of notices of Sheriff's Sale and attendance at Sheriff's Sale, thes sum of$700.  ordering title search, preparation. and filing oft thej praecipe for writ of execution, all Sheriff's documents, preparation  d. e.  Preparation of proper notices where there are federal tax liens, the sum of$200.  Preparation and presentment of Motions for Alternative  Service (includes investigation to locate defendant), the sum of $350.    f. g. h. i.  Preparation and presentment of] Motions to Continue  Sheriff's Sale, the sum of$200.  Any additional work required, including, but not limited to, with respect to a contested  tax lien, shall be billed at an hourly rate of$150.  All above sums shall be additive.  The foregoing fees shall be awarded to thel Borough in each action initiated pursuant to Iti is the express intent oft the Borough that the fees above apply to collection ofall  the Act. The delinquent account holder's obligation toj pay the full amount for each phase of the action shall accrue municipal claims / liens, and any provisions of Ordinance No. 752 relating to attorney's fees inconsistent herewith  upon thei initiation of any aspect of each] phase. shall be and are. herewith repealed.   k. 1.  The current fees for any liens filed previously are hereby reaffirmed and shall remain in Its shall be presumed that the attorney's fees set forth above are reasonable pursuant to the Pursuant to the Act, thel Borough hereby sets the interest rate applicable to all municipal claims/ Court costs, filing fees and charges applicable to all municipal claims / liens shall be additional  effect fort those liens filed prior to the effective date oft this Ordinance.  Act, and the hourly rate is consistent with the current hourly rate charged to thel Borough by the Borough Solicitor.  5. 6.  liens at ai rate oft tenj percent (10%).  expenses to be collected from the delinquent account holder.  GENERAL REPEALER be and are herewith repealed. SEVERABILITY  All ordinances or parts ofordinances, and all resolutions or parts ofr resolutions, inconsistent herewith shall  The provisions oft this Ordinance are severable. Ifany provision, sentence, clause, phrase, section or part thereofs shall for any reason be found unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect ori impair any of the remaining provisions, sentençes, clauses, phrases, sections, or parts thereof, but thes same shall remain in effect. Iti is hereby declared tol be thei intent oft the Borough of Fountain Hill  that this Ordinance shall stand notwithstanding the invalidity ofa any parti included herein.  EFFECTIVEDATE  The provisions of this Ordinance shall become effective in accordance with the Borough Code, 81 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 thel Mayor, or fora an Ordinance not returned by thel Mayor at the next scheduled meeting ofcouncil occurring atl least ten days (10) after the meeting at which the Ordinance was enacted by the Council, the date oft the succeeding  scheduled meeting of Council.  Motion x  2nd  Yes x X  No  Abstain Absent  Annamarie Jordan Leo. Atkinson    Norman Blatt Doug" Trotter Larry Rapp Philip' Trabel Helen Halleman Mayor Gifford MOTIONS  X X x  X  X  Introduction of2019 Preliminary Budget with a 1 mil tax increase. Authorize  advertisement for public review.  Motion x  2nd x  Yes X x x X  No  Abstain Absent  Annamarie Jordan Leo Atkinson Norman Blatt Doug Trotter Larry Rapp Philip Trabel Helen Halleman Mayor Gifford  X x  Motion to increase Sewer rates effective January 1,2019 based on the following chart. There: is a 5% increase in lines up to 2 inches, and a 7% increase from 2 inch and greater.  Sewer Line Diameter Current Quarterly Rate New Quarterly Rate Difference  l"and under 1"-2" 2"-3" 3"-4" 4"-5" 6"-8"  $120.72 $703.92 $1,175.76 $2,516.40 $3,882.00 $10,848.00 Motion x  $126.76 $739.12 $1,258.06 $2,692.55 $4,153.74 $11,607.36 Yes x x X X  $6.04 $35.20 $82.30 (7%) $176.15 (7%) $271.74 (7%) $759.36 (7%) Abstain Absent  (5%) (5%)  2nd x  No  Annamarie Jordan Leo Atkinson Norman Blatt Doug Trotter Larry Rapp Philip' Trabel Helen Halleman Mayor Gifford OLD BUSINESS  X X    Mayor Gifford is ini receipt oft the specific requirements to serve on the UCC Appeals Board and  is still looking for interested parties.  COUNCIL PRESIDENT'S REPORT  Mr. Blatt asked for a Motion to authorize the Executive Secretary toj purchase a Christmas Tree  to be delivered and planted in front of the Borough Hall.  Motion X  2nd  Yes x X X X x X  No  Abstain Absent  Annamarie Jordan Leo Atkinson Norman Blatt Doug Trotter Larry Rapp Philip Trabel Helen Halleman Mayor Gifford  x  X  Due tol heavy rain, the Borough Hall got partially flooded and underwent professional drying and cleaning. The administratived offices were closed on Monday, November 5th. Mr. Blatt thanked Mr. Mayor Gifford informed Council that St. Luke's hospital always has alternate meeting rooms  Branco and Ms. Voges for tending to their duties during the office closure.  available for Council to meet in case of an emergency.  SOLICITOR'S REPORT  Litigation is pending due to a Slip and Fall incident on 622 S. Lynn Street. The Borough's General Liability Carrier is notified. The Solicitor isi inquiring about the applicable deductible amount. Recent court cases on lead paint hazards and their effects on the Right to Know laws do not require Mr. Lehr mentioned that the closing for the Hosey would be on December 14, 2018. All papers would be signed on that day. Mr. Lehr recommended that Mr. Rapp or his designee sign the  any action on the Borough' s part at this point.  necessary documents. Council agreed. COMMITTEE REPORTS A. Finance  (Trotter, Blatt, Jordan)    Mr. Trotter asked for approval oft the October check payments made from the General, Health &  Sanitation, Sewer, and Liquid Fuels funds.  Motion  2nd  Yes x X X x x X  No  Abstain Absent  Annamarie Jordan Leo. Atkinson Norman Blatt Doug Trotter Larry Rapp Philip Trabel Helen Halleman Mayor Gifford  X  X  X  B. Public Works  (Jordan, Rapp, Trotter)  Ms. Jordan read the Public Works employees' September hours worked as submitted by Mr.  Quarry, the Public Works Supervisor.  C.Police  (Rapp, Trotter, Blatt) -1 none. (Blatt, Halleman, Rapp)  D. House & Ordinançes  The Fireworks Ordinance for permanent and temporary sales of fireworks is discussed and Due to resignations, the number of members in the Planning Commission is reduced from seven (7) to five (5). The Committee reviews the change in and impact ofmembership numbers. An ordinance to amend Ordinance No 752 Collection of Sewer Rentals that only amends the  reviewed in the House & Ordinance Committee.  payment plan section relating to delinquent sewer rentals is to be drafted.  E. Fire F.Recreation  (Atkinson, Trabel, Halleman) - none = (Trabel, Jordan, Blatt) (Halleman, Jordan, Trabel)  G. Health & Sanitation  Ms. Halleman read the October 2018 collections for Sewer and Garbage fees.  H. Personnel  (Trotter, Blatt, Rapp) - none  SPECIAL OR SELECT COMMITTEES = none.  PRIVILEGE OF THE FLOOR - Discussion on Non - Agenda Items - none.  Executive Session  Council adjourned to an Executive Session.    Motion x  2nd  Yes x x x X x x  No  Abstain Absent  Annamarie. Jordan Leo Atkinson Norman Blatt Doug Trotter Larry Rapp Philip Trabel Helen Halleman Mayor Gifford  X  x  Ms. Halleman left during the Executive Session and did not return for the regular Council The Borough of Fountain Hill is going to present an offer to purchase the real property on 1336 Russel Avenue in Fountain Hill from the Fountain Hill Hose Co 1C-O for $70,000.  Meeting after Council re-convened.  Motion X  2nd  Yes x x X X X  No  Abstain Absent  Annamarie Jordan Leo. Atkinson Norman Blatt Doug Trotter Larry Rapp Philip Trabel Helen Halleman Mayor Gifford ADJOURNMENT unanimously approved  X  X  At 8:35 PM, Mr. Atkinson made the motion to adjourn, seconded by Ms. Jordan and  BOROUGH OF FOUNTAIN HILL LEHIGH COUNTY, PENNSYLVANIA  By:  Norman E. Blatt. Jr., Vice-President of Council  SUBMITTED BY By:  Cordula Voges, Finance Officer    ATTEST: By:  Anthony Branco, Executive Administrator  Next Ordinance- - 846 Next Resolution - 2017-35