MINUTES BOROUGH COUNCIL May 22, 2024-7P.M.  The Council Meeting was held inj person at Borough Hall. Council members present were. Ms. Jordan, Ms. Johnson, Mr. Rufe, Mr. Trotter, Mr. McCandless, Mr. Blatt, Mr. Trabel, Mayor Johnson, Amy Burkhart (Borough Manager), and Jill Fessler (Finance Director), guests were also in attendance.  PLEDGE OF ALLEGIANCE  Council President McCandless called the meeting to order and asked everyone to rise for the Pledge to the  Flag. MINUTES  Council President McCandless asked the Council to approve the minutès from May 6, 2024: Mr. Trabel  made thei motion, seconded by Ms. Jordan. It was unanimously approved,  Motion 2nd  Yes Xw X X x X X. X   No 5 15 i  Abstain Absent  Annamarie Jordan Jamie Johnson Wilbert Rufe Doug Trotter Philip Trabel Stewart McCandless Norman E. Blatt Jr. Mayor Johnson PRESENTATIONS)  X  X  *  Council President McCandless welçomed Jesse Chupella owner of950-960 Broadway. Mr. Chupella explained that hej purchased 950-960 Broadway in January and began renovating two parcels, including thel bank parcel and the strip mall. They plan to convert the bank building into two: residential units. Amy has been helpful since. Kieth left. They submitted a construction permit and had a zoning hearing fora variance, They spoke with Brad Youst from Hanover Engineering. Mr. Chupella announced that it has been suggested the conversion should go through SALDO. Land Development. However, Mr. Chupella explained that this was timely, costly, and irrelevant to the project, and requested a waiver to get back on Mr. Blatt asked about the Planning Commission's involvement in the waiver process. Mr. Chupella clarified that the Council has the authority to issue a waiver, as seen: in Hanover Township. Mr. Chupella explained that the waiver is ai means tol bypass the Land Development process. Mr. Blatt inquired about thel Land Development process, while Mr. Chupella admitted. he was not fully familiar with: it but believed Borough Manager Burkhart confirmed that Brad Youst noted that this project it meets the definition of Land Development in the Borough's SALDO. She contacted Brad Youst and Solicitor Dave Berger to  track.  his project did not fall under Land Development.    follow the recommended processes. Ms. Burkhart suggested the Planning Commission recommend Mr. Chupella and Mr. Blatt discussed the: importance of going to thel Planning Commission with the waiver. Mr. Blatt suggested requesting a waiver and explaining thei reasons behind it. Chupella emphasized saving time and energy, while Mr. Blatt questioned if cost savings were aj justified reason for awaiver. Mr. Chupella requested that the waiver not bej presented to the Planning Commission. Mr. Rufe expressed gratitude for the property's commercial use and thej positive impact on the tenants. He suggested supporting Mr. Chupella'sa attempt tol bypass the Planning Commission and emphasized the importance ofi investment in the Borough. He also emphasized thej positive impact ofi residential  whether the waiver should occur.  conversion and advocated for a smoother transition.  Mr. Blatt asked about the criteria for a waiver request, as the Solicitor was absent. Mr. Chupella explained that no one told them that they needed the Land Development portion oft the development, Borough Manager Burkhart clarified that she did not request al letter from the Solicitor butj presented it as an informational item. Ms. Burkart explained that the waiver process. will go: through the Planning Commission. Mr. Chupella mentioned that hel hasn'td dealt with the Planning Commission for other projects ini the last twelve months. She explained that the definition ofLand Development aligns with the activities at the bank building. Ms. Burkhart explained. that specific criteria need to bei met through the SALDO waiver process, which the Planning Çommission shouldi réview. along with any engineering Mr. Chupella explained that is thej problem. It is a de minimis Land Development. It will suck time and resources that could bei used toward something more productive than paying engineers. Itisl his Mr. Blatt asked: ifit would hurt his project ift they could wait two weeks until the Solicitor would bei in attendance. Mr. Rufe explained that this is a workshop meeting, and the Solicitor attends the Ist meeting Mr. Chupella's business partner, Tom Kramer, explained that the ordinance is vague and open-ended. He explained that this ordinance was based on aj parcel split and creating two deeds. Council President McCandless asked for clarification regarding the bank building. Mr. Kramer clarified that the bank building is oni its own parçel, separate from 960. Mr. Kramer emphasized that it is not financially responsible for this project to go. through the Planning Commission and that this] project should continue Mr. Blatt explained that hei is not against what they are doing but would feel better ifv we could: receive our Solicitor's approval in advance. Mr. Kramer asked when the Borough must respond to our permits. Borough Manager Burkhart explained that the Borough has fifteen days for the BCO to review permit applications. The plans havel been reviewed from al building standpoint, but they have not satisfied the Mr. Rufe and Mr. Blatt agreed on the: importance ofi reaching out to the Solicitor and conducting a review in advance of our. June 3rd meeting. Borough Manager Burkhart announced the need for both our Solicitor and Hanover Engineering to review for any waiver recommendation. Ms. Jordan reassured that all the questions could be addressed ini time for the June 3rd meeting, which will take ten days. Mr. Kramer noted that if we present this project tot thel Planning Commission, this will be a 2025 project.  comments.  understanding that the council can issue the waiver:  ofeach month. Mr. Chupella asked tol be added: to the agenda for the next meeting.  moving forward for eyeryone's benefit.  obligation of going through Land Development.    Council President McCandless asked ift they could: return for the June 3rd meeting. We will put you on the agenda and gather all the needed information. Mr. Chupella and Mr. Kramer agreed toi return to our. June  3rd meeting.  PRIVILEGE OF THE FLOOR/ PRE-SCHEDULED-NONE  NEW BUSINESS  Fountain Hill Fire Company requests the pool for Water Rescue Training on Saturday, June 8.C Council President McCandless confirmed that the training will be held from 8A A.M. to 12P.M. Borough Manager Burkhart confirmed that the Borough's insurançe covers the Fire Company. Council President McCandless announced his support for this training. He explained that Freemansburg and Eastern Salisbury Twp. work with mutual aid, ànd Mr. Trabel inquired about their presence with the Fire Department. Council President McCandless belieyes Freemansburg Sale of Brush Truck - Mr. Trabel thought we would keep it as a spare for pumping basements. Council President McCandless announced they decided to sell it due to the truck's age. Borough Manager Burkhart announced that this is more of an information item for the council. The fire department has al brush truck that they no longer need. They. have removed all the equipment from the truck. Since iti is the borough's property, we will have a resolution on next: month's agenda for the potential sale oft the brush truck. Mr. Blatt asked ifit would go to auction. Ms. Burkhart  will attend, and Ms. Burkhart will secure their COI.  confirmed that it will go to auction. Discussion of] Pool Hours, for 2024 Thursday - Sunday 12 noon-7p.m,  Council President McCandless ànnounced that thej pool hours are Thursday - Sunday, 12 noon -7 PM. He explained that this is open to discussion. Mr. Blatt asked ifthe tentative start date is June 14th. Borough Manager Burkhart agréed. Mr. Blatt asked ifwel had aj projected end date. Ms. Burkhart explained that we are surveying the staffto see their schedules. She said thati it would be ini mid-August. Borough Manager Burkhart and Ms. Johnson corrected the start date to Thursday, June 13th. Ms. Burkhart explained that it depends on the staff activities and where they go to school. Ms. Johnson asked about reviewing staffing and increasing the hours at thej pool. She inquired ifthis is something that we will: review every two weeks or every month. Ms. Burkhart explained that we would: better understand when we: receive staff summer availability. We want to  ensure coyerage before we commit to the day. Discussion of] Park Hours for 2024  Monday) - Friday 9 A.M. -1 12: noon & 6P.M.-9P.M.  Council President McCandless announced that the park hours are tentatively Monday- - Friday, 9 A.M.-1 12 noon & 6P.M.-9P.M. Mr. Blatt explained that they are the traditional hours. He thought that we. had eliminated the morning hours. Ms. Johnson explained that this occurred during Covid. Mr. Blatt asked ift this would begin on June 10th. Council President McCandless and Borough Manager Burkhart confirmed this will be on June 10th. Ms. Trotter asked if wel have the staffneeded for both programs. Borough Manager Burkhart announçed that we are still hiring  for both programs.    Park Security Proposal  Borough Manager Burkhart announced that part oft the park program discussion concerned security and safety. After this conversation, Ms. Burkhart contacted the ChiefofPolice regarding what could be done to reduce those concerns. She explained that she also wanted to understand the cost ofhiring Omega Security Company, which works with thel Lehigh County parks program. Borough Manager Burkhart asked for a quote for someone to be committed to thej park for those fourhours. Mr. Blatt asked if filling a spot with aj part-time officer would be cheaper. The Chief explained that wel have twoj part-timers with their hours already at aj maximum. He explained that we would need 1 or 2 part-time officers to cover this shift. Mr. Trotter agreed that we should have security during the evening hours. Ms. Jordan asked ift they provided us with rates. Borough Manager. Burkhart explained that it would be $40/hour with ai minimum of four hours. She explained that they recommend one person work through escalation béfore it is enforced. Ms. Burkhart explained that iti isi important toj prevent problems from happening instead oft reacting to them. Borough Manager Burkhart explained that this part of the position is challenging for young adults in ai recreation program. Mr. Blatt asked about paying fori thém for four hours. He asked if we would pay for them for an hour when we were, closed. Ms. Johnson explained that they would assist with setting up and closing thej program ati night. Ms. Johnson clarified that this would help with meeting expectations. Ms. Johnson explained that this isl how thej police would help, but they may be out on calls. Mr. Blatt asked ifthis would breach the çollective bargaining agreement. ChiefE Bachert didn't feel it was in violation. He stated that we do not have the staff to stafft these hours. Chief Bachert will discuss this with the Union President. Borough Manager Burkhart explained that this was more ofanj informational item for the council. Mr. Blatt announced that we would need tol know this by June 3rd, ChiefBachert announced that he would know by tonight.  950 Broadway Waiver Request Disçussion under presentations.  Notification of Opportunity to be Excluded from Urban County - Council President McCandless: announced that hel hadn't had the opportunity to contact. Mr. Kane. He explained that he received this notification this afternoon, and it invites us to participate in the Urban County Grant Program funded by the Department ofHousing and Urban Development. It allows funds to be allocated to the county and then disbursed from the county to the boroughs. Every three years, HUD requests. the renewal ofthis designation. Council President McCandless said he would  review it and bring it to the June 3rd meeting.  Mr. Rufe explained that there was aj post on a Facebook group discussion about parking ordinances and flat tire vehicles was discussed. The Police confirmed that ift the vehicle was inspected, it wasi not in violation. The question was whether an abandoned car with a flat tire could be addressed via ordinance. ChiefBachert explained that Dave Wood oversees abandoned cars and there is a 3-to-4-week process to gather paperwork. He stated that if valid inspections arej provided, there is no way to address the issue. He also mentioned that the Police tow many cars for the borough. Mr. Blatt asked ifthere is ai nuisance ordinance that we could use. Chief Bachert explained that no other ordinance could be used as the vehicle  was not illegally parked and had valid registration. RESOLUTIONS FOR FINAL PASSAGE-NONE  DRAFT ORDINANCES FOR REVIEW AND ADVERTISEMENT-NONE    MOTIONS  Request Council Approve the hiring of Avery King as the Seasonal Temporary Assistant Pool Manager for the 2024 Pool Season at ai rate of up to $11,000 per season or $22.50/hour foran expected minimum 401 hours per week contingent on acceptance ofa conditional offer of employment in ai form that is agreeable to the Borough Solicitor and the Borough Manager. Council President McCandless asked the Council to Approve thel hiring of Avery King as the Seasonal Temporary Assistant Pool Manager for the 2024 Pool Season at a rate ofupt to $11,000 per season or $22.50/hour for an expected minimum 401 hours per week contingent on acceptance ofa conditional offer of employment in ai form that is agreeable to the Borough Solicitor and the Borough  Manager. Annamarie Jordan Jamie Johnson Wilbert Rufe Doug Trotter Philip' Trabel Stewart McCandless Norman E. Blatt Jr. Mayor. Johnson  Motion 2nd  Yes X X X X X. X a x à X 7.  No < Abstain Absent  X  Request Council Approye. the hiring of James Zheng as the Seasonal Temporary Pool Manager for the 2024 Pool Season at ai rate of up to $12,000 per season or $25.00/hour for an expected minimum of 401 hours per week contingent on acceptance ofa conditional offer of employment in af form that is agreeable to thel Borough Solicitor and the Borough Manager. Iff fewer than 40 hours per week is agreed ypon, the Season rate will be adjusted accordingly at ai rate of Council President McCandless asked the Council to Approve thel hiring of James Zheng as the Seasonal Temporary Pool Manager for the 2024 Pool Season at ai rate ofup to $12,000 per season or $25.00/hour for an expected minimum of4 401 hours per week contingent on acceptance ofa conditional offer of employment in ai form that is agreeable to the Borough Solicitor and the Borough Manager. Iff fewer than 401 hours per week is agreed upon, the Season rate will be adjusted  $25.00/hour:  accordingly at ai rate of $25.00/hour.  Motion 2nd  Yes X 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  175    Request Council. Approve the hiring oft the following individuals as Seasonal Temporary Cashiers for the 2024 Pool Season at ai rate of$12/hour contingent on the submission of all: necessary  employment documentation. Kaylee Arias Jovanni Velazquez Aliciana Rosa  Council President McCandless asked the Council to Approve thel hiring ofthe following individuals as Seasonal Temporary Cashiers for the 2024 Pool Season at ai rate of $12/hour contingent on the  submission of all necessary employment documentation.  Motion X  2nd  Yes X X 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  A354 ,  Request Council Approve the hiring oft the following individuals as Seasonal Temporary Recreation Assistants for the 2024 Park Season at aj rate of$15/hour contingent on the submission  ofall necessary employment documéntation.  Riley Brooks Joshua Lee Dominic Tejèra Abigayle Lee Réagan Treskot  Council President McCandless asked the Council to Approve thel hiring of the following individuals as Seasonal Temporary Recreation Assistants for the 2024 Park Season at ai rate of$15/hour contingent on the submission ofa all necessary employment documentation.  Motion X  2nd  Yes X 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    OLD BUSINESS  Pool Updates NONE  Fee Schedule updates - Borough Manager Burkhart explained that she iss still updating the fee schedule. She announced that she should hopefully have it for 1St, meeting in June. Bids to bei received May 29 at 1P.M. for the roadwork. Borough Manager Burkhart announced that our street projects are currently out for bid, She explained that. the deadline isl May 29 at1P.M. We anticipate having a recommendation for the award for the. June 3 meeting. Ms. Burkhart explained that it was for the repaving ofLechauweki and Brighton. We were supposed to complete Hertzog but discovered that there was more: for curbing and Update on Code Enforcement Position- Borough Manager Burkhart announced that the Code Enforcement Position is advertised on Indeed. It would be for a code enforcement and zoning officer with a heavy emphasis on code enforcement and property maintenance  sidewalk than we. had previously anticipated.  concerns.  COUNCIL PRESIDENT'S REPORT Council President. McCandless announced that our Memorial Day celebration willl bet this Friday, May 24th, at 1E P.M. at thet triangle across from thel baseball field. Police, Fire, and EMS willl be in attendançe. Mr. Blatt asked ifv we would be closing the offices. Council President McCandless confirmed that we would be closing the office: for àn hour. Hel hopes to see everyone there. Council President McCandless announced that the pool would be opening again. He explained that itwould be opening on' Thursday, June 13th, at noon. He announced that passes are available att the borough offices. The rates for thej pool are $60.00: fopa resident season pass, $90.00: for ai non-resident pass, $8.00 daily rate at thej pool, and $6.00 daily rate forresidents purchased att thel borough.. After 4o'clock, the ratei is $5.00/day. Mr. Blatt asked, ifwel had found someone for the concession stand. Borough Manager Burkhart announced that wel had two people reach out regarding the concession stand. She announced that we would like to run al basic concession" stand independently; Council President McCandless announced that we wanted to open Council President McCandless announced tol look out for updates on the park. As a reminder, the school  thej pool properly. We must take baby steps to get this restarted properly. will be closing soon. When you are driving, please watch out for thel kids. PRIVILEGE OF THE FLOOR- - Discussion on Non - Agenda Items-NONE  ADJOURNMENT  At 7:54 pm Council President McCandless asked to adjourn the Council meeting. Mr. Trabel made the  motion, seconded by Ms. Johnson, and unanimously approved.    Motion  2nd X  Yes X 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  BOROUGH OF FOUNTAIN, HILL LEHIGH COUNTY,PENNSYLVANIA  By:  Amy Burkhart, Borough Manager  Stewart McCandless President of Council  SUBMITTED BY:  Jill Fessler, Finance Director  Next Ordinance- - 883 Next Resolution-2 2024-14    Ss s