BOROUGH OF WIND GAP 545 East' West Street WIND GAP, PA 18091 610-863-7288 FAX 610-863-1011  Wind Gap Borough Council meeting on Monday, December 4, 2023, was called to order at7:00 p.m. by Council President George Hinton, at which time he reminded those present that the meeting was being recorded. In attendance were Council members Dave Hess, Steve Bender, Patrick Webber, and Alex Cortezzo. Also, in attendance were Mayor Wesley J. Smith, Borough Solicitor Ronald Karasek, Borough Engineer Brian Pysher and Borough Manager  Louise Firestone. Absent were Councilmen Dave Manzo and Jeff Yob.  APPROVAL OF MINUTES  On motion by Patrick Webber to approve the November 21, 2023, minutes and seconded by Alex Cortezzo. Roll call vote taken. Motion carried unanimously.  APPROVAL OF EXPENSES  On motion by Patrick Webber to approve the expenses in the amount of $34,577.55 and seconded by Alex Cortezzo. Roll call vote taken. Motion carried unanimously. On motion by Patrick Webber to approve the CMR Construction Inc. Constitution Avenue Pay Request No. 4 int the amount of $242,981.44 and seconded by Steve Bender. Roll Brian Pysher added that CMR Construction Inc. has provided the Borough with a 12- month Maintenance Bond $79,531.91, which is 15% of the total project cost of $530,212.75.  call vote taken. Motion carried unanimously.  SOLICITOR'S REPORT  Attorney Karasek advised that he has created Resolution 2023-07 that awaits Council's approval "Fixing the Real Estate Tax Millage for the Calendar Year 2024 and Continuing to Allow Payments of Said Tax in Three (3) Equal Installments for the Calendar Year 2024". The resolution was only forwarded to Council this afternoon, sO this item will be on the December Attorney Karasek informed Council that correspondence was received from Attorney Asteak related to the Pear Street topic. IfCouncil desires, this item can be discussed during an Executive Session at the December 19, 2023, Council meeting as this may become a legal Attorney Karasek reviewed his written report that was provided to Council prior to the  19, 2023, mid-month agenda.  matter.  meeting. See attachment one (1) ENGINEER'S REPORT  Brian Pysher reported 20 Green Knight Drive sent correspondence requesting al Letter of Credit Reduction. Items included in the engineer's proposal for reduction, have not yet been addressed by the developer, sO Brian recommended that this request be tabled until ai future  1    Council meeting to allow the developer to respond and adjust the dollar amount for the Letter of Credit reduction. To date, Brian has not performed a site inspection and is awaiting that On motion by Patrick Webber to table the 20 Green Knight Drive, Request Letter of Credit Reduction item on the agenda to a future Council meeting and seconded by Alex  request.  Cortezzo. Roll call vote taken. Motion carried unanimously.  Brian Pysher reported that a meeting was held with an engineering representative for CRG Development, Tyler Bartron, PA American Water, Mr. Hinton and Brian. PA. American Water is trying to sort out how to get water service to the proposed warehouse buildings because currently, it is a private road. If the road remains private, there are different and less strict requirements for the pipe installation, but if the road is public, it will be more costly to the developer to build up to Borough standards. Currently, there is a water line that runs up Alpha Road and ties into North Broadway that would have to be abandoned and re-directed up the new Alpha Road into Industrial Drive and then tap into North Broadway. Brian reiterated that Wind Gap has not received any correspondence from the developer regarding how the 2,000' of roadway within the Borough would be taken care specifically for maintenance during snow Brian requested that the developer provide the Easement Agreement to Council and plan on attending a Council meeting in February 2024 to have discussion regarding specific George added that a request was made to the developer to provide comments from Plainfield Township regarding Industrial Drive being private versus public. Alex added that Plainfield Township has very similar concerns about the road that Wind Gap has expressed. Council will wait for correspondence to be forwarded from CRG Development and this topic will continue to be discussed. Once this occurs, George proposed that a sub-committee be formed with Wind Gap and Plainfield to understand all the concerns from both the borough  events, but also for any future road and infrastructure repairs.  concerns from Wind Gap and our engineer.  and the township. NEW BUSINESS 1.  Approval of Advertisement of. January 2, 2024, Reorganization Meeting. On motion by Steve Bender to advertise the Council Reorganization Meeting for Tuesday, January 2, 2024, at 7:00 p.m. and seconded by Patrick Webber. Roll call vote taken.  Motion carried unanimously.  2.  No Nonsense Neutering (NNN Voucher Contract Approval  On motion by Steve Bender to approve and sign the Agreement with No Nonsense Neutering for 2024 and seconded by Patrick Webber. Roll call vote taken. Council agreed  unanimously. OLD BUSINESS 1.  Roosevelt Street. Steve Bender asked Borough Engineer, Brian Pysher, for an update on the water issue on Roosevelt. Brian replied that survey work has been completed, but he  recommends that Council further discuss this project in the spring.  2    PUBLIC COMMENT  1. Pete Albanese asked for clarification about the Borough's desires to have Industrial Drive public or private. George stated that originally the Borough only wanted to have upper Alpha Road and the connection onto Industrial Drive west to North Broadway as the public road. He explained that practically, ift the Borough is only responsible for that portion oft the roadways, itwill still be a burden for the safety of all traffic within the Borough. This development lies substantially within Plainfield Township sO Wind Gap will not see any tax revenue, but will be burdened with salting, plowing and maintaining the road. Brian added that it was after the plan was submitted by the developer that the realignment of Alpha Road was discussed as a safe alternative to having the intersections sO close inj proximity. Brian stated that the only way to control the construction and safety oft the road was to have the Borough take it over, but Council Randy Bray of Roosevelt Street questioned whether the Borough will be doing any further repairs on Roosevelt since he has water that comes down the road and runs eight feet out in the road and freezes by his property. Brian Pysher stated that the design would include  needs to discuss the topic at great length.  2.  tying an inlet into the pipe in the middle of the street.  ADJOURNMENT  Onn motion by Patrick Webber to adjourn the meeting of December 4, 2023. Council  agreed unanimously. The meeting of December 4, 2023, adjourned at 7:46 p.m.  Caua Aubn Louise Firestone, Borough Manager  3    SOLICITOR'S REPORT-F R.J. KARASEK, ESQUIRE NORTHAMPTON COUNTY, COMMONWEALTH OF PENNSYLVANIA  WIND GAP BOROUGH MONTH: November 2023  MEETINGS ATTENDED:  November 2, 2023 attendance at regular monthly meeting of Borough Planning November 6, 2023 - attendance at regular meeting of Borough Council November: 21, 2023 - attendance at regular mid-month meeting of Borough  Commission Council  SUBDIVISION MATTERS: None LAND DEVELOPMENT MATTERS:  Receipt, Review and Administration of Indemnification Agreement and Amendment to Stormwater Management Agreement (partially signed by Applicant) to Allow Earth-Moving before the Land Development Plan is Filed of Record with e-mail Transmission to/from Borough ZO-Borzak Questioning Whether. Applicant can Begin re Receipt, Review and Administration of e-mails to/from Applicant's Attorney- Burkhart as to Status of PENN DOT Application for Roadways re: CRG Service Review of Escrow Agreement for Cabot Donation and Grant Application fort the Male Road Bridge with Comments re CIVF VI DEV-I PA 1M02, LLC (formerly JERC  20 Green Knight Drive LD Plan  Management aka 900 Pennsylvania Avenue  L.D. Plan)  ZONING AND OTHER LAND. USE MATTERS: Review Correspondence re Sign Ordinance Review Correspondence re Chicken Ordinance  Receipt, Review and Administration of Lehigh Valley Planning Commission Receipt, Review and Administration of Lehigh Valley Planning Commission Review of Bangor Borough Ordinances as to Building Code Reviews prior to Preparation of Borough Comments for Bushkill Township Project at 454 and 480  Sale or Lease of Real Estate  Male Road  DEVELOPMENTS ON OUTSTANDING LITIGATION: None COURT DECISIONS ON BOROUGH CASES: None    Wind Gap Borough Solicitor's Report  Page 2 November 2023  MISCELLANEOUS:  Receipt, Review and Administration of E-mails, Telephone Calls and Preparation ofCorrespondence re Slate Belt Regional Police Force Commission Regarding Calculation of Holiday Pay for Police and Ex Parte Meeting on Topic Without  Notification to or Participation by Borough 2023 with e-mail Transmission to Borough Preparation of Monthly Solicitor's Report  Preparation of Borough Planning Commission Meeting Minutes of November 2,  OUTSTANDING ITEMS: Stop Sign Ordinance Dog Park Ordinance