BOROUGH OF SLATINGTON COUNCIL MEETING MINUTES 3/13/23 The Regular Meeting of Council was held on Monday, March 13, 2023, at 7:00 PM, to be held in the Council Room, 125 S. Walnut Street, First Floor, Slatington, PA 18080. Presiding: Thomas Bartholomew: President ofCouncil Recording Secretary: Daniel Stevens, Borough Manager/Secretary The meeting was called to order by President Bartholomew at 7:00 PM with the following in attendance: ROLLCALL: PRESENT Thomas Bartholomew Bryon Reed Joseph Wechsler-via phone Zachari Halkias Kevin Steckel Jeffrey Hausman ABSENT Ronald Kratz OTHERS PRESENT Mayor Schoch Lisa Young Justin Gross Daniel Stevens Deron Dorward VISITORS Dylan McDevitt, Jim Logue T/N Drew Snowberger TV-13 Ryan Mayberry, Nancy Treskot Bob Treskot, Justin Frable Kevin Borman, Krystall Borman Zoe Moyer, Jeremy Henry Robert Reph, Hunter Henritzy Dave Schnaars, Jason Nicholas Austin Berger, Jason Breidinger Robert Herzog, Kris Burek Aaron Schoch, Andrew Gildner Shawna Gildner, Michael Frey Kristie Wentling, Greg Winokur Susan Mazess, Nina Bartoletti Andrew Hazlett, Justin Grotz EXECUTIVE SESSION: None NOTIFICATION: President Bartholomew announced that all public sessions of Borough Council are electronically recorded and such recordings are maintained as part of the meeting record until the minutes are transcribed and Councilor Steckel made a motion, duly seconded by Councilor Hausman, to amend the agenda to administer the oath of office to the Borough's new police chief. President Bartholomew declared the President Bartholomew introduced the Borough of Slatington' s new. Police Chief Greg Winokur. Mayor Schoch administered the oath of office to Greg Winokur. Police Chief Winokur stated that he is looking MIINUTES OF PREVIOUS MEETING - Councilor Reed made a motion, duly seconded by Councilor Wechsler, to approve the following minutes with corrections to minutes for F/PS/HCS, 2/20/23 = Denise Martinez address should be 2693 Lehigh St: Council Meeting February 13, 2023; Committee Meetings - February 20, 2023 & February 27, 2023. President Bartholomew declared the motion passed PUBLIC PARTICIPATION (Agenda and Non-Agenda items) You will have three minutes to address Council from the podium. The three minutes applies to your time at the podium. Ifyou exit the podium, approved by the Board, at which time the recordings shall be erased. motion passed following a Voice Vote, All in] Favor. forward to working with the community of Slatington and the police department. following a Voice Vote, All in Favor. you have yielded the floor, and any time you have remaining. Jason Nicholas - Slatington Assistant Fire Chief. Signed in and was recognized to speak. Jason spoke about the topic of children being at the fire station. He stated that in all his years, there were no minor children left at the station. The only time children were in vehicles was with the Council's approval for parades and events. Jason feels the council is putting unnecessary time into this accusation. This issue Justin Frable - 6228 Rachel Dr.- Was recognized to speak. Justin wanted to know what the insurance would cover for council members standing in the road during fire/police operations for Slatington Fire Department. Justin stated there have been multiple reports of a member of council that was in the road during fire/police operations, which the fire department was conducting. Justin feels that if the council is going to look at insurance liability for children at the fire house, then the council should also look into the insurance liability for the council members being in the road during fire/police operations. PUBLIC ANNOUNCEMENIS, COMMUNICATIONS AND SPECIAL PRESENTATIONS President Bartholomew read is in response tol Ms. Kris Burek's previous comments at the 2j previous This statement is a response by multiple questions posed and statements made by Kris Burek over Ms. Burek's has stated that the Borough's donation of water to fill the Northern Lehigh Swimming Pool isi illegal because it is not voted on every year. In addition, she stated that our donation to the pool is Upon review of the Borough minutes, this appears to be the same argument she made in 2011 when she called 911 and reported that the pool was stealing water, and wanted the person responsible arrested. Her actions at that time resulted in a delay in opening the pool, and outrage by a large number of citizens. Borough solicitor Ed Healy dismissed her similar arguments in 2011, and our current solicitor has In regards to Section 13.02(a)(10) of the Pa. Borough Code Solicitor Young's opinion is that "An additional tax is not required to provide water to the pool as it was generated by the Borough through its Ini regards to 13.12 she states "As stated above, the Borough contributed water to the pool through its own system and did not require an expenditure. Therefore, this Section of the Borough Code is irrelevant to the issue of water as it was not an expenditure and did not require that the budget be modified nor a Section 2700 of the Borough Code provides for recreation places which are defined as public parks and swimming pools. It provides that "A borough may provide, improve, maintain and regulate recreation places within the borough limits or in any adjacent municipal corporation" and provide for the expenses of same by inclusion of the expense in its annual budget. The Borough correctly provides for such expenses (donation and chlorine) in its annual budget and is not required to budget for an expense for In regards to Ms. Burek's statements about Vigilant Fire company. She stated that it is a misappropriation if taxpayer dollars because we pay for utilities and repairs in the lease. It should be pointed out that the Borough has leases for at least six other offices where we pay some or most oft the utility bills. In addition, we pay for repairs in all these leased spaces as owner oft the buildings. These are no different than the fact that we pay for utilities in the Vigilant lease. However, one major difference is originally was addressed at a Safety Committee meeting by the insurer. council meetings. the past few months. illegal. reviewed them, and offers a similar opinion tol Mr. Healy. own system and did not even rise to the level ofaj purchase". supplemental appropriation be made. G6 water for the pool asi it uses its own water. 2 that Vigilant has paid for many maintenance and repair items on the borough's! building out oft their own Ms. Burek stated that Vigilant committed a fraud when they signed their lease because they were not a non-profit. However, this would only be the case if the person's signing the contract were aware of something that was being misrepresented. Members of Vigilant have stated that they did not know their 501c3 was revoked until years later. It appears that the IRS revoked it retroactively. Therefore, if members were unaware, and entered into the lease in good faith, no fraud has occurred. Therefore, the The other thing Ms. Burek fails to take into account is that Vigilant has always provided a hall for the community to use free of charge for public events and fund raising. They are one oft the few halls left for community use in the Borough. In addition, through its fund raising, Vigilant has contributed to many local groups and causes including but not limited to: Slatington Police body cams and car cameras, Slatington Police bicycle patrol, American Flags on Main St., Slatington Library, Slatington Vol. Fire In regards to her statements about NOVA. Chapter 12(56) of the Borough Code directs that "The borough shall be responsible for ensuring that fire and emergency medical services are provided within the borough by the means and to the extent determined by the borough, including the appropriate The borough has always counted the use of space at the Fire Company as part ofi its yearly donation to NOVA. Over the years, when NOVA has asked for an increase in the borough's financial contribution, the borough has always pointed to their donation ofs space at the fire company as part of their donation. NOVA provides critical lifesaving care to our residents, and we fully support the service they provide to funds. lease is not void. Dept., Northern Lehigh Food Bank, and many more. financial and administrative assistance for these services. our community. President Bartholomew announced the following: Executive session was held on Monday, February 20, 2023, at 7:00 PM personnel issues were discussed. Special presentation NOVA Board of] Directors: Kristie Wentling Executive Director of Northern Lehigh Valley EMS and Jason Breidinger Board Member in charge of Public Relations in response to statements made by Kris Burek. Provided a copy of their 990 and specified line item 19, which was brought up at the last borough meeting, $182,195.00. Kristie wanted to put out the numbers that are included in that review number. Item 8, Grant and Donations, the municipal contributions, and donations from subscription drive that they receive from the public during the year toward operating expenses. Also included are the grants that they applied for. They are actively working on updating their medical equipment. Most of updates that they made in the past few years have been the result of grant writing. Expenses are capital purchases, which is included in assets, and gets posted as an asset. In 2020 they received $239,261.00 in grant money, all of which were required to be used for the purchases that were made when they applied for the grant. Ifyou take grant money that we received in 2020 and subtract it from the revenue number, you are looking at a number ($57,066.00) for that year. Kristie stated that the contributions that the borough supplies to NOVA are essential to the life of their organization. NOVA relies on grants, donations, and contributions. The cost of grant writing is zero, because they do all that internally. NOVA runs avery lean operation and do what they can to keep their expenses at a minimum. Item 9, Revenue, looks high due to the subscription fundraising which is considered revenue, because 3 the subscriptions provide a service to their subscribers. NOA receives $500.00 from subscribers' medical insurance when utilizing the service Item 11, Fund Raising and Standby. Standby is done for ball games and different community events. Auxiliary had raised $37,000.00 that year for operating expenses. In 2019 due to COVID, they were given the payroll protection plan, but it was forgiven in 2020. The funds for the 2019 payroll protection plan is reflected in the 2020 990. Take $185,700.00, which they received from the COVID, off oft the revenue for 2020, it is quite challenging to run an EMS organization. Kristie provided a top sheet broken down as far as expenses, revenue, and purchases for the year. Kristie stated that response time for Slatington from the north station is an average of 8.69 minutes, from the south station response time is 13.45 minutes and from the west station it is 15.65 minutes. This is critical when you are waiting for emergency medical care. Jason Breidinger introduced himself and wanted to thank the borough, police department, and fire department for all their support. Councilor Reed stated that having NOVA here is aj plus for the community and is done atavery low cost. Councilor Reed also gave kudos to Jason for all his years of service. APPROVAL OF ACCOUNTS PAYABLE/TRANSPER Councilor Reed made a motion, duly seconded by Councilor Wechsler, to approve payment of the bills and transfers as presented by the Treasurer. President Bartholomew declared the motion passed following a Roll Call, voting as follows: ROLL CALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN REPORTS The reports of various committees, officials and officers were provided to Council and are on file in Borough Hall and are available for public inspection. MAYORS/POLICE REMARKS MayorJeralyn Schoch None Officer Dorward stated that for the month of February there were 243 calls: 4 criminal arrests, 31 traffic and non-traffic citations issued, 22 parking tickets, and 3 written warnings issued.Officer Dorward added that the amount of calls for this time of year has increased over the last 2 years. President Bartholomew and the council thanked Officer Dorward for his superb job filling in as our acting chief for these last difficult months. STANDING COMMITTEES A. Highway Councilor. Jeffrey Hausman 1. Manager Stevens provided a list. Councilor Hausman made a motion, duly seconded by Councilor Reed, to approve So. Walnut Street from E. Church Street to about Race Street to be put in the CDBG 2023 grant process. Councilor Hausman amended his motion to include North Street as an alternative road to be looked at and possibly 5th Street, if North Street is denied. President Bartholomew declared the motion passed following a Roll Call, voting as follows: 4 ROLLCALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN 2. Councilor Hausman made a motion, duly seconded by Councilor Reed, to proceed with bidding on the two South Street CDBG projects. (Main Street to Fairview). President Bartholomew declared the motion passed following a Roll Call, voting as follows: ROLLCALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN B. Public Safety Councilor. Kevin Steckel 1. Discussion on issues with children at fire house, in vehicles, and on calls (executive 2. Update on CDBG-CV grant application and possible CDBG application concerning air packs. Manager Stevens stated that the CDBG-CV grant was turned down by Lehigh County. Possible CDBG grant is being evaluated by Lehigh County. Councilor Steckel made a motion, duly seconded by Councilor Hausman, to apply for a CDBG grant for air packs for the fire company. (If it is allowed by Lehigh County.) President Bartholomew session discussion concerning legal) declared the motion passed following a Voice Vote, All in Favor. C. Human/Community Services Councilor Zachari Halkias 1. Councilor Halkias made a motion, duly seconded by Councilor Wechsler to approve application for sale of alcohol for 31 NLRA sponsored programs/events in 2023. President Bartholomew declared the motion passed following a Voice Vote, All in Favor. 2. Councilor Halkias made a motion, duly seconded by Councilor Wechsler, to approve request to conduct Running of the Dawgs for April 22nd, 2023 from Northern Lehigh Education Foundation. President Bartholomew declared the motion passed following a Voice 3. Councilor Halkias made a motion, duly seconded by Councilor Hausman, to approve application from Caring Hearts for use of facilities for Fall Food Truck Festival & Rock the Park for Sat., Sept. 17, 2023, from 2:00 PM to 9:00 PM at the park and amphitheater. Rain date, September 18th from 12:00 PM to 8:00 PM contingent upon receipt of COI and permission to serve alcohol to be determined. Councilor Halkias amended his motion to change the date on application to Saturday, September 16, 2023, rain date September 17,2023 from 2:00 PM to 9:001 PM. President Bartholomew declared the motion passed following a Voice Vote, Alli in Favor. Vote, All in Favor. 5 4. Councilor Halkias made a motion, duly seconded by Councilor Reed, to approve request from Slatington History Preservation Committee requesting 2 historic markers at the top and bottom of the 100 steps (after TASA grant is completed, to be paid for by History Committee - Borough will furnish poles and erect markers. President Bartholomew declared the motion passed 5. Councilor Halkias made a motion, duly seconded by Councilor Wechsler, to approve request from St. Luke's Hospice 12th Annual Charity Bike Ride on Saturday, June 3, 2023, (rain date 6/4/23). President Bartholomew declared the motion passed following a' Voice Vote, All in Favor. 6. Councilor Halkias made a motion, duly seconded by Councilor Hausman, to approve request from Northern Lehigh Swimming Pool Association for use of the corner of Main and Grove Street on Thursday, April 27, 2023 from 3:00 PM to 7:00 PM to conduct a fundraiser. President Bartholomew declared the motion passed following a Voice Vote, All in Favor. following a Voice Vote, Alli in Favor. D. fimancl"lamming/.oning Councilor Ronald Kratz 1. Councilor Reed made a motion, duly seconded by Councilor Wechsler, to adopt Ordinance 711, an ordinance of the Borough of Slatington, Lehigh County, PA, revising the 2008 Codified Ordinances with respect to subsection 34-14.B(14): and 34-14.B(15), relating to powers and duties oft the Borough Manager President Bartholomew declared the motion passed following a Roll Call, voting as follows: ROLLO CALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN 2. Councilor Reed made a motion, duly seconded by Councilor Wechsler, to adopt Resolution R-02- 23, a resolution of the Borough Council of the borough of Slatington, Lehigh County, PA, designating the maximum purchasing power which may be exercised by the Borough Manager for supplies and equipment under Section 34-14.B(14) and 34.14.B(15) of the codified Ordinances of the Borough of Slatington, as amended said in the amount of Section 1 $5,000.00 and Section 2 $30,000.00. President Bartholomew declared the motion passed following a Roll Call, voting as follows: ROLL CALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN E. Sewer/Solid Waste Councilor Joseph Wechsler 1. Discussion and possible motion on hiring a floater (executive session) President Bartholomew read a letter from the Sewer Authority: Recommendation of Sewer Authority, Dear Council, on behalf of the Slatington Borough Authority I am hereby presenting a request to the Borough. The SBA hereby requests immediate action from the Borough Council to hire an operator for the 6 Slatington Waste Water Treatment Plant forthwith. Thank you for consideration in this matter. Signed Lisa Young, Tom Bartholomew, Dave Schnaars, and Joe Wechsler by phone. 2. Electronics Recycling Day - Saturday, April 1st, 2023 9:00 AM to 11:00 AM at borough garage 3. Councilor Wechsler made a motion, duly seconded by Councilor Reed, to authorize payment application request No. 1f for Brave Industrial Paint LLC: for $38,250.00. President Bartholomew (informational only). declared the motion passed following a Roll Call, voting as follows: ROLL CALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN 4. Councilor Wechsler made a motion, duly seconded by Councilor Reed, to transfer funds to pay the following Authority bills: March 13, 2023, Meeting Sewer Authority bills: Lisa Young $1,764.00; Tad Miller - $125.00; Annual Fees NPDES Permits - $3,750.00; Councilor Bartholomew bond renewal - $250.00; total $5,889.00.). President Bartholomew declared the motion passed following al Roll Call, voting as follows: ROLLCALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN 5. Councilor Wechsler made a motion, duly seconded by Councilor Hausman, to pay Assistant Treasurer's Time and Travel Report for the period of December 12, 2022 through March 13, 2023 - travel time - 13.3 miles @ 65.5 cents = $8.72; 13.3 miles @ 65.5 cents = $8.72; 13.3 miles @ 65.5 cents = 8.72; 13.3 miles @ 65.5 cents = $8.72; 23 miles @ 65.5 cents - $15.07; Total mileage reimbursement $49.95 December 12, 2022 to March 13, 2023 - 13 hrs. @ $30.00= $390.00.). President Bartholomew declared the motion passed following a Roll Call, voting as follows: ROLL CALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN F. Water/Special Sewer Committee Councilor Bryon Reed 1. Water Test Statement - Water was tested and found safe for human consumption 2. Councilor Reed made a motion, duly seconded by Councilor Wechsler, to accept quote from LB Water for new readers and software for reading water meters for $8,542.86 plus the cost of the 7 borough purchasing 2 tablets (estimated cost $300.00 to $500.00 per tablet) using COVID LFRF, not to exceed $10,000.00. President Bartholomew declared the motion passed following a Roll Call, voting as follows: ROLLCALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN 3. Councilor Reed made a motion, duly seconded by Councilor Wechsler, to approve quote from Billitier for pump station meter base for $4,623.00 (change order for generator project). President Bartholomew declared the motion passed following al Roll Call, voting as follows: ROLLCALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN 4. Councilor Reed made a motion, duly seconded by Councilor Wechsler, to approve application and certificate for payment from Billitier Electric Inc. in the amount of $36,090.00 (partial payment for generator project). President Bartholomew declared the motion passed following a Roll Call, voting as follows: ROLL CALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN 5. Update on AutoCon panel upgrades. Justin Gross stated that the contractor has not replied concerning the notice of award. Manager Stevens will contact Bill at Essex. Councilor Reed spoke of the past leaks in the borough. Inl December the filtration plant filtered a daily average of 492,000 gallons and in December, after a few leaks, came down to 399,000 gallons. Now in February we are down to a daily average of 345,000 gallons. Therefore, our run times at the plant are lower. UNFINISHED BUSINESS: None INFORMATIONALITEMS: Councilor Halkias is pleased to announce that he was informed by the Lehigh County of Commissioner Antonio Pineda that with his help the Lehigh County of Commissioners was able to agree and achieve a $150.001 tax rebate to all volunteer fire fighters. NEW: BUSINESS: None 8 COUNCIL PRESIDENT'S REPORT: None Council from the podium on Agenda Items Only.) Thomas Bartholomew COURTESY OF THE FLOOR - (Agenda Items Only = You will have two (2) minutes to address EXECUTIVE SESSION: President Bartholomew recessed to executive session at 8:10 PM. At 9:33 PM President Bartholomew reconvened the meeting. Matters of personnel, real estate, and legal matters Councilor Reed made a motion, duly seconded by Councilor Hausman, to authorize the borough manager to advertise for an additional municipal employee. President Bartholomew declared the were discussed in executive session. motion passed following al Roll Call, voting as follows: ROLL CALL AYES Thomas Bartholomew Bryon Reed Joseph Wechsler Kevin Steckel Jeffrey Hausman Zachari Halkias NAYS ABSTAIN ADJOURNMENT Being no further business, Councilor Hausman, made the motion, duly seconded by Councilor Wechsler, toa adjourn the meeting. President Bartholomew declared the motion passed following a Voice Vote, Alli in Favor. President Bartholomew declared the meeting adjourned at 9:34 PM. Daniel L. Stevens Borough Secretary 9