BOROUGH OF FOUNTAIN HILL COUNCIL COUNCIL MEETING MINUTES July 1,2019 7P.M. Council members present were: Ms. Jordan, Mr. Ferencin, Mr. Blatt, Mr. Atkinson, Mayor Gifford, Mr. Trabel, and Ms. Halleman. Also, in attendance were Anthony Branco (Executive Administrator), Cordula Voges (Finance Officer), Pete Lehr (Solicitor), Ed Bachert (PoliceChief), Council President Atkinson called the meeting to order and asked for everyone to rise for the and guests. Pledge to the Flag. Council was in receipt of the below documents: 1. Minutes of May 22, 2019 Council Meeting 2. Minutes ofJune 3, 2019 Council Meeting 4. Reports (Police, Fire P.W. as received) 5. Draft Storm and Sewer Authority 3. Financials APPROVAL OF MINUTES Minutes ofl May 22, 2019 Council Meeting Minutes ofJune 3, 2019 Council Meeting Motion x 2nd X Yes X X x X No Abstain Absent Annamarie Jordan Francis Ferencin Norman Blatt Doug" Trotter Leo Atkinson Philip Trabel Helen Halleman Mayor Gifford x PRIVILEGE OF THE FLOOR Pre-Scheduled Appearances- -none Discussion on. Agenda Items - none MAYOR'S REPORT Mayor Gifford reported the June incidents handled by the Police. Mayor Gifford asked for further discussion about an incident at the Pool EXECUTIVE ADMINISTRATORS REPORT - none NEW BUSINESS usage of public space. RESOLUTIONS - none ORDINANCES Second Reading The director of the Allentown LGBT Community Center offered his experiences with handling ORDINANCE NO. 853 AN ORDINANCE ESTABLISHING A UNIFORM CONSTRUCTION CODE BOARD OF APPEALS JOINTLY WITH THE TOWNSHIP OF LOWER SAUCON, NORTHAMPTON COUNTY, PENNSYLVANIA; AND TO INTERGOVERNMENTAL AGREEMENT WITH THE TOWNSHIP OF LOWER SAUCON FOR THIS PURPOSE; PROVIDING FOR THE SEVERABILITY OF PARTS OF THIS ORDINANCE DEEMED TO BE INVALID; REPEALING ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH; A PROVIDING FOR AN EFFECTIVE AUTHORIZE THE EXECUTION OF AN DATE. WHEREAS, the Borough of Fountain Hill and the Township of Lower Saucon have enacted ordinances adopting the Uniform Construction Code ("UCC"), Aa45of199,35PS. 7210.101, et seq. (the "Act"); and WHEREAS, Section 301 of the Act directed the Pennsylvania Department of Labor and Industry toj promulgate regulations with respect to the administration and enforcement oft the Act, which regulations were codified at' Title 34 Pa.Code, Chapters 401, 403 and 405 ("Regulations"); and WHEREAS, Section 403.121(d) of the Regulations, 34 Pa.Code $ 403.121(d), as authorized by Section 501(c) of the Act, 35 P.S. $ 7210.501(c), provides that two or more municipalities may establish a joint board of appeals through an intergovernmental agreement adopted under the authority ofthel Pennsylvania Intergovermmental Cooperation Act, 531 Pa.C.S. $ 2301, ets seq.; and WHEREAS, under the Pennsylvania Intergovernmental Cooperation Act, a municipality may enter into an intergovernmental cooperation agreement upon the passage of an ordinance by its governing body; and WHEREAS, the Code of Ordinances oft the Borough of Fountain Hill, Chapter 5, Section 104 authorizes Borough Council to establish a UCC Appeals Board jointly with another municipality; and WHEREAS, the Borough Council desires to establish a joint UCC Board of Appeals, to hear and rule on appeals, requests for variances and requests for extension oftime as may bei filed under Chapter 5 ofthe Code ofc Ordinances. NOW THEREFORE, BE IT DULY ENACTED and ORDAINED by the Borough Council of the Borough of Fountain Hill that pursuant to Chapter 5, Section 104 ofthe Code of Ordinances, enforcement and administration of the Uniform Construction Code shall be undertaken jointly with the Township of Lower Saucon, Northampton County, Pennsylvania by means oft the establishment ofa. Joint Uniform Construction Code Board of Appeals. NOW THEREFORE, BE IT FURTHER DULY ENACTED and ORDAINED by the Borough Council oft the Borough ofFountain Hill that either the President ofBorough Council or the Executive Administrator oft the Borough, shall be authorized to execute an Intergovernmental Agreement, in substantially the form attached hereto as Exhibit A, for purpose of creating a join uniform construction code board ofa appeals with the Township ofLower Saucon. GENERAL REPEALER All ordinances or parts of ordinances, and all resolutions or parts ofr resolutions, inconsistent herewith shall be and arel herewith repealed. SEVERABILITY The provisions oft this Ordinance are severable. Ifany provision, sentence, clause, phrase, section or part thereofshall for any reason be found unconstitutional, illegal ori invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any ofthe remaining provisions, sentences, clauses, phrases, sections, or parts thereof, but the same shall remain in effect. Iti is hereby declared to bet the intent oft the Borough of Fountain Hill that this Ordinance shall stand notwithstanding the invalidity of any part included herein. EFFECTIVE DATE The provisions oft 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 ofcouncil 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 X 2nd Yes x x x X No Abstain Absent Annamarie Jordan Francis Ferencin Norman Blatt Doug Trotter Leo Atkinson Philip Trabel Helen Halleman Mayor Gifford MOTIONS = none OLD BUSINESS - none X COUNCIL PRESIDENT'S REPORT scheduled rain date ofJuly 27,2019. SOLICITOR'S REPORT Council President Atkinson reminded of the upcoming Community Day on July 20, 2019 with a Mr. Lehr reported of the recent meeting with the Manager of Salisbury Township to discuss the amendment ofthe Sewer Transmission Rate. Salisbury is reviewing the supporting data that were Mr. Lehr informed Council that his office is working on the Draft Ordinance for creating a provided to them and is expected to respond within thirty (30) days. Stormwater Authority based on the 6/3/2019 Council discussion. COMMITTEE REPORTS A. Finance (Trotter, Blatt, Jordan) Motion x 2nd x Yes x x x X No Abstain Absent Annamarie. Jordan Francis Ferencin Norman Blatt Doug" Trotter Leo. Atkinson Philip Trabel Helen Halleman Mayor Gifford X B. Public Works (Jordan, Atkinson, Trotter) Ms. Jordan read the hours worked by the Public Works Department. C.Police (Atkinson, Trotter, Gifford) Due to an incident at the Pool involving public restroom usage by transgender visitors, Council President Atkinson suggested to follow the general YMCA policy (i.e. conform to their gender identity) until Council decides otherwise. D. House & Ordinances E. Fire (Blatt, Halleman, Jordan) - none (Trabel, Ferencin, Halleman) Mr. Trabel read the Fire Report. F.R Recreation G.H Health & Sanitation H. Personnel (Ferencin, Atkinson, Blatt) - none (Halleman, Ferencin, Trabel) (Trotter, Blatt, Jordan) - none. Ms. Halleman read the. June collection reports for the Sewer and Garbage Utility Rents. SPECIAL OR SELECT COMMITTEES Ms. Jordan informed Council about Sponsorship Opportunities to support the new library service to Fountain Hill. PRIVILEGE OF THE FLOOR - Discussion on Non Agenda Items - none. EXECUTIVE SESSION (ifneeded). - ADJOURNMENT At8:05 pm Council President Atkinson asked forar motion to have an Executive Session to discuss some legal proceedings and ADJOURN the public Council meeting at this time. Motion 2nd X Yes 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 BOROUGH OF FOUNTAIN HILL LEHIGH COUNTY, PENNSYLVANIA Leo Atkinson - President of Council By: SUBMITTED BY By: ATTEST: By: Cordula Voges, Finance Officer Anthony Branco, Executive Administrator Next Resolution 2019-30 Next ordinance #8 853